Water Resources Development Act of 2006

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2864 Engrossed Amendment Senate (EAS)]

In the Senate of the United States,

July 19, 2006.
Resolved, That the bill from the House of Representatives (H.R.
2864) entitled ``An Act 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.'', do pass with the
following

AMENDMENT:

Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2006''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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

TITLE I--WATER RESOURCES PROJECTS

Sec. 1001. Project authorizations.
Sec. 1002. Enhanced navigation capacity improvements and ecosystem
restoration plan for the Upper Mississippi
River and Illinois Waterway System.
Sec. 1003. Louisiana Coastal Area ecosystem restoration, Louisiana.
Sec. 1004. Small projects for flood damage reduction.
Sec. 1005. Small projects for navigation.
Sec. 1006. Small projects for aquatic ecosystem restoration.

TITLE II--GENERAL PROVISIONS

Subtitle A--Provisions

Sec. 2001. Credit for in-kind contributions.
Sec. 2002. Interagency and international support authority.
Sec. 2003. Training funds.
Sec. 2004. Fiscal transparency report.
Sec. 2005. Planning.
Sec. 2006. Water Resources Planning Coordinating Committee.
Sec. 2007. Independent 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. National Dam Safety Program reauthorization.
Sec. 2027. Extension of shore protection projects.

Subtitle B--Continuing Authorities Projects

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

Subtitle C--National Levee Safety Program

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

TITLE III--PROJECT-RELATED PROVISIONS

Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.
Sec. 3002. Sitka, Alaska.
Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.
Sec. 3004. Rio de Flag, Flagstaff, Arizona.
Sec. 3005. Augusta and Clarendon, Arkansas.
Sec. 3006. Red-Ouachita River Basin levees, Arkansas and Louisiana.
Sec. 3007. St. Francis Basin, Arkansas and Missouri.
Sec. 3008. St. Francis Basin land transfer, Arkansas and Missouri.
Sec. 3009. McClellan-Kerr Arkansas River Navigation System, Arkansas
and Oklahoma.
Sec. 3010. Cache Creek Basin, California.
Sec. 3011. CALFED Levee stability program, California.
Sec. 3012. Hamilton Airfield, California.
Sec. 3013. LA-3 dredged material ocean disposal site designation,
California.
Sec. 3014. Larkspur Ferry Channel, California.
Sec. 3015. Llagas Creek, California.
Sec. 3016. Magpie Creek, California.
Sec. 3017. Pine Flat Dam fish and wildlife habitat, California.
Sec. 3018. Redwood City navigation project, California.
Sec. 3019. Sacramento and American Rivers flood control, California.
Sec. 3020. Conditional declaration of nonnavigability, Port of San
Francisco, California.
Sec. 3021. Salton Sea restoration, California.
Sec. 3022. Santa Barbara Streams, Lower Mission Creek, California.
Sec. 3023. Upper Guadalupe River, California.
Sec. 3024. Yuba River Basin project, California.
Sec. 3025. Charles Hervey Townshend Breakwater, New Haven Harbor,
Connecticut.
Sec. 3026. Anchorage area, New London Harbor, Connecticut.
Sec. 3027. Norwalk Harbor, Connecticut.
Sec. 3028. St. George's Bridge, Delaware.
Sec. 3029. Christina River, Wilmington, Delaware.
Sec. 3030. Designation of Senator William V. Roth, Jr. Bridge,
Delaware.
Sec. 3031. Additional program authority, comprehensive Everglades
restoration, Florida.
Sec. 3032. Brevard County, Florida.
Sec. 3033. Critical restoration projects, Everglades and south Florida
ecosystem restoration, Florida.
Sec. 3034. Lake Okeechobee and Hillsboro Aquifer pilot projects,
comprehensive Everglades restoration,
Florida.
Sec. 3035. Lido Key, Sarasota County, Florida.
Sec. 3036. Port Sutton Channel, Tampa Harbor, Florida.
Sec. 3037. Tampa Harbor, Cut B, Tampa, Florida.
Sec. 3038. Allatoona Lake, Georgia.
Sec. 3039. Dworshak Reservoir improvements, Idaho.
Sec. 3040. Little Wood River, Gooding, Idaho.
Sec. 3041. Port of Lewiston, Idaho.
Sec. 3042. Cache River Levee, Illinois.
Sec. 3043. Chicago, Illinois.
Sec. 3044. Chicago River, Illinois.
Sec. 3045. Illinois River Basin restoration.
Sec. 3046. Missouri and Illinois flood protection projects
reconstruction pilot program.
Sec. 3047. Spunky Bottom, Illinois.
Sec. 3048. Strawn Cemetery, John Redmond Lake, Kansas.
Sec. 3049. Milford Lake, Milford, Kansas.
Sec. 3050. Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania,
and West Virginia.
Sec. 3051. McAlpine Lock and Dam, Kentucky and Indiana.
Sec. 3052. Public access, Atchafalaya Basin Floodway System, Louisiana.
Sec. 3053. Regional visitor center, Atchafalaya Basin Floodway System,
Louisiana.
Sec. 3054. Calcasieu River and Pass, Louisiana.
Sec. 3055. East Baton Rouge Parish, Louisiana.
Sec. 3056. Mississippi River Gulf Outlet relocation assistance,
Louisiana.
Sec. 3057. Red River (J. Bennett Johnston) Waterway, Louisiana.
Sec. 3058. Camp Ellis, Saco, Maine.
Sec. 3059. Union River, Maine.
Sec. 3060. Chesapeake Bay environmental restoration and protection
program, Maryland, Pennsylvania, and
Virginia.
Sec. 3061. Cumberland, Maryland.
Sec. 3062. Aunt Lydia's Cove, Massachusetts.
Sec. 3063. Fall River Harbor, Massachusetts and Rhode Island.
Sec. 3064. St. Clair River and Lake St. Clair, Michigan.
Sec. 3065. Duluth Harbor, Minnesota.
Sec. 3066. Red Lake River, Minnesota.
Sec. 3067. Bonnet Carre Freshwater Diversion Project, Mississippi and
Louisiana.
Sec. 3068. Land exchange, Pike County, Missouri.
Sec. 3069. L-15 levee, Missouri.
Sec. 3070. Union Lake, Missouri.
Sec. 3071. Fort Peck Fish Hatchery, Montana.
Sec. 3072. Lower Yellowstone project, Montana.
Sec. 3073. Yellowstone River and tributaries, Montana and North Dakota.
Sec. 3074. Lower Truckee River, McCarran Ranch, Nevada.
Sec. 3075. Middle Rio Grande restoration, New Mexico.
Sec. 3076. Long Island Sound oyster restoration, New York and
Connecticut.
Sec. 3077. Orchard Beach, Bronx, New York.
Sec. 3078. New York Harbor, New York, New York.
Sec. 3079. Missouri River restoration, North Dakota.
Sec. 3080. Lower Girard Lake Dam, Girard, Ohio.
Sec. 3081. Toussaint River Navigation Project, Carroll Township, Ohio.
Sec. 3082. Arcadia Lake, Oklahoma.
Sec. 3083. Lake Eufaula, Oklahoma.
Sec. 3084. Release of retained rights, interests, and reservations,
Oklahoma.
Sec. 3085. Oklahoma lakes demonstration program, Oklahoma.
Sec. 3086. Waurika Lake, Oklahoma.
Sec. 3087. Lookout Point project, Lowell, Oregon.
Sec. 3088. Upper Willamette River Watershed ecosystem restoration.
Sec. 3089. Tioga Township, Pennsylvania.
Sec. 3090. Upper Susquehanna River Basin, Pennsylvania and New York.
Sec. 3091. Narragansett Bay, Rhode Island.
Sec. 3092. South Carolina Department of Commerce development proposal
at Richard B. Russell Lake, South Carolina.
Sec. 3093. Missouri River restoration, South Dakota.
Sec. 3094. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 3095. Anderson Creek, Jackson and Madison Counties, Tennessee.
Sec. 3096. Harris Fork Creek, Tennessee and Kentucky.
Sec. 3097. Nonconnah Weir, Memphis, Tennessee.
Sec. 3098. Old Hickory Lock and Dam, Cumberland River, Tennessee.
Sec. 3099. Sandy Creek, Jackson County, Tennessee.
Sec. 3100. Cedar Bayou, Texas.
Sec. 3101. Denison, Texas.
Sec. 3102. Freeport Harbor, Texas.
Sec. 3103. Harris County, Texas.
Sec. 3104. Connecticut River restoration, Vermont.
Sec. 3105. Dam remediation, Vermont.
Sec. 3106. Lake Champlain Eurasian milfoil, water chestnut, and other
nonnative plant control, Vermont.
Sec. 3107. Upper Connecticut River Basin wetland restoration, Vermont
and New Hampshire.
Sec. 3108. Upper Connecticut River Basin ecosystem restoration, Vermont
and New Hampshire.
Sec. 3109. Lake Champlain watershed, Vermont and New York.
Sec. 3110. Chesapeake Bay oyster restoration, Virginia and Maryland.
Sec. 3111. Tangier Island Seawall, Virginia.
Sec. 3112. Erosion control, Puget Island, Wahkiakum County, Washington.
Sec. 3113. Lower Granite Pool, Washington.
Sec. 3114. McNary Lock and Dam, McNary National Wildlife Refuge,
Washington and Idaho.
Sec. 3115. Snake River project, Washington and Idaho.
Sec. 3116. Whatcom Creek Waterway, Bellingham, Washington.
Sec. 3117. Lower Mud River, Milton, West Virginia.
Sec. 3118. McDowell County, West Virginia.
Sec. 3119. Green Bay Harbor project, Green Bay, Wisconsin.
Sec. 3120. Underwood Creek Diversion Facility Project, Milwaukee
County, Wisconsin.
Sec. 3121. Oconto Harbor, Wisconsin.
Sec. 3122. Mississippi River headwaters reservoirs.
Sec. 3123. Lower Mississippi River Museum and Riverfront Interpretive
Site.
Sec. 3124. Pilot program, Middle Mississippi River.
Sec. 3125. Upper Mississippi River system environmental management
program.
Sec. 3126. Upper basin of Missouri River.
Sec. 3127. Great Lakes fishery and ecosystem restoration program.
Sec. 3128. Great Lakes remedial action plans and sediment remediation.
Sec. 3129. Great Lakes tributary models.
Sec. 3130. Upper Ohio River and Tributaries Navigation System new
technology pilot program.

TITLE IV--STUDIES

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

TITLE V--MISCELLANEOUS PROVISIONS

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

TITLE VI--PROJECT DEAUTHORIZATIONS

Sec. 6001. Little Cove Creek, Glencoe, Alabama.
Sec. 6002. Goleta and vicinity, California.
Sec. 6003. Bridgeport Harbor, Connecticut.
Sec. 6004. Bridgeport, Connecticut.
Sec. 6005. Hartford, Connecticut.
Sec. 6006. New Haven, Connecticut.
Sec. 6007. Inland waterway from Delaware River to Chesapeake Bay, part
II, installation of fender protection for
bridges, Delaware and Maryland.
Sec. 6008. Shingle Creek Basin, Florida.
Sec. 6009. Brevoort, Indiana.
Sec. 6010. Middle Wabash, Greenfield Bayou, Indiana.
Sec. 6011. Lake George, Hobart, Indiana.
Sec. 6012. Green Bay Levee and Drainage District No. 2, Iowa.
Sec. 6013. Muscatine Harbor, Iowa.
Sec. 6014. Big South Fork National River and recreational area,
Kentucky and Tennessee.
Sec. 6015. Eagle Creek Lake, Kentucky.
Sec. 6016. Hazard, Kentucky.
Sec. 6017. West Kentucky tributaries, Kentucky.
Sec. 6018. Bayou Cocodrie and tributaries, Louisiana.
Sec. 6019. Bayou LaFourche and LaFourche Jump, Louisiana.
Sec. 6020. Eastern Rapides and South-Central Avoyelles Parishes,
Louisiana.
Sec. 6021. Fort Livingston, Grand Terre Island, Louisiana.
Sec. 6022. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur,
Louisiana.
Sec. 6023. Red River Waterway, Shreveport, Louisiana to Daingerfield,
Texas.
Sec. 6024. Casco Bay, Portland, Maine.
Sec. 6025. Northeast Harbor, Maine.
Sec. 6026. Penobscot River, Bangor, Maine.
Sec. 6027. Saint John River Basin, Maine.
Sec. 6028. Tenants Harbor, Maine.
Sec. 6029. Grand Haven Harbor, Michigan.
Sec. 6030. Greenville Harbor, Mississippi.
Sec. 6031. Platte River flood and related streambank erosion control,
Nebraska.
Sec. 6032. Epping, New Hampshire.
Sec. 6033. Manchester, New Hampshire.
Sec. 6034. New York Harbor and adjacent channels, Claremont Terminal,
Jersey City, New Jersey.
Sec. 6035. Eisenhower and Snell Locks, New York.
Sec. 6036. Olcott Harbor, Lake Ontario, New York.
Sec. 6037. Outer Harbor, Buffalo, New York.
Sec. 6038. Sugar Creek Basin, North Carolina and South Carolina.
Sec. 6039. Cleveland Harbor 1958 Act, Ohio.
Sec. 6040. Cleveland Harbor 1960 Act, Ohio.
Sec. 6041. Cleveland Harbor, uncompleted portion of Cut #4, Ohio.
Sec. 6042. Columbia River, Seafarers Memorial, Hammond, Oregon.
Sec. 6043. Schuylkill River, Pennsylvania.
Sec. 6044. Tioga-Hammond Lakes, Pennsylvania.
Sec. 6045. Tamaqua, Pennsylvania.
Sec. 6046. Narragansett Town Beach, Narragansett, Rhode Island.
Sec. 6047. Quonset Point-Davisville, Rhode Island.
Sec. 6048. Arroyo Colorado, Texas.
Sec. 6049. Cypress Creek-Structural, Texas.
Sec. 6050. East Fork channel improvement, Increment 2, east fork of the
Trinity River, Texas.
Sec. 6051. Falfurrias, Texas.
Sec. 6052. Pecan Bayou Lake, Texas.
Sec. 6053. Lake of the Pines, Texas.
Sec. 6054. Tennessee Colony Lake, Texas.
Sec. 6055. City Waterway, Tacoma, Washington.
Sec. 6056. Kanawha River, Charleston, West Virginia.

SEC. 2. DEFINITION OF SECRETARY.

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

TITLE I--WATER RESOURCES PROJECTS

SEC. 1001. PROJECT AUTHORIZATIONS.

(a) Projects With Chief's Reports.--Except as otherwise provided in
this section, the following projects for water resources development
and conservation and other purposes are authorized to be carried out by
the Secretary substantially in accordance with the plans, and subject
to the conditions, described in the respective reports designated in
this section:
(1) Haines harbor, alaska.--The project for navigation,
Haines Harbor, Alaska: Report of the Chief of Engineers dated
December 20, 2004, at a total estimated cost of $13,700,000,
with an estimated Federal cost of $10,960,000 and an estimated
non-Federal cost of $2,740,000.
(2) Rillito river (el rio antiguo), pima county, arizona.--
The project for ecosystem restoration, Rillito River (El Rio
Antiguo), Pima County, Arizona: Report of the Chief of
Engineers dated December 22, 2004, at a total cost of
$75,200,000, with an estimated Federal cost of $48,400,000 and
an estimated non-Federal cost of $26,800,000.
(3) Santa cruz river, paseo de las iglesias, arizona.--The
project for ecosystem restoration, Santa Cruz River, Pima
County, Arizona: Report of the Chief of Engineers dated March
28, 2006, at a total cost of $94,400,000, with an estimated
Federal cost of $61,200,000 and an estimated non-Federal cost
of $33,200,000.
(4) Tanque verde creek, arizona.--The project for ecosystem
restoration, Tanque Verde Creek, Arizona: Report of the Chief
of Engineers dated July 22, 2003, at a total cost of
$5,706,000, with an estimated Federal cost of $3,706,000 and an
estimated non-Federal cost of $2,000,000.
(5) Salt river (va shlyay akimel), maricopa county,
arizona.--
(A) In general.--The project for ecosystem
restoration, Salt River (Va Shlyay Akimel), Arizona:
Report of the Chief of Engineers dated January 3, 2005,
at a total cost of $156,700,000, with an estimated
Federal cost of $101,600,000 and an estimated non-
Federal cost of $55,100,000.
(B) Coordination with federal reclamation
projects.--The Secretary, to the maximum extent
practicable, shall coordinate the development and
construction of the project described in subparagraph
(A) with each Federal reclamation project located in
the Salt River Basin to address statutory requirements
and the operations of those projects.
(6) Hamilton city, california.--The project for flood
damage reduction and ecosystem restoration, Hamilton City,
California: Report of the Chief of Engineers dated December 22,
2004, at a total cost of $50,600,000, with an estimated Federal
cost of $33,000,000 and estimated non-Federal cost of
$17,600,000.
(7) Imperial beach, california.--The project for storm
damage reduction, Imperial Beach, California: Report of the
Chief of Engineers dated December 30, 2003, at a total cost of
$13,300,000, with an estimated Federal cost of $8,500,000 and
an estimated non-Federal cost of $4,800,000, and at an
estimated total cost of $41,100,000 for periodic beach
nourishment over the 50-year life of the project, with an
estimated Federal cost of $20,550,000 and an estimated non-
Federal cost of $20,550,000.
(8) Matilija dam, ventura county, california.--The project
for ecosystem restoration, Matilija Dam and Ventura River
Watershed, Ventura County, California: Report of the Chief of
Engineers dated December 20, 2004, at a total cost of
$139,600,000, with an estimated Federal cost of $86,700,000 and
an estimated non-Federal cost of $52,900,000.
(9) Middle creek, lake county, california.--The project for
flood damage reduction and ecosystem restoration, Middle Creek,
Lake County, California: Report of the Chief of Engineers dated
November 29, 2004, at a total cost of $43,630,000, with an
estimated Federal cost of $28,460,000 and an estimated non-
Federal cost of $15,170,000.
(10) Napa river salt marsh, california.--
(A) In general.--The project for ecosystem
restoration, Napa River Salt Marsh, California, at a
total cost of $103,012,000, with an estimated Federal
cost of $65,600,000 and an estimated non-Federal cost
of $37,412,000, to be carried out by the Secretary
substantially in accordance with the plans and subject
to the conditions recommended in the final report
signed by the Chief of Engineers on December 22, 2004.
(B) Administration.--In carrying out the project
authorized by this paragraph, the Secretary shall--
(i) construct a recycled water pipeline
extending from the Sonoma Valley County
Sanitation District Waste Water Treatment Plant
and the Napa Sanitation District Waste Water
Treatment Plant to the project; and
(ii) restore or enhance Salt Ponds 1, 1A,
2, and 3.
(C) Transfer of ownership.--On completion of
salinity reduction in the project area, the Secretary
shall transfer ownership of the pipeline to the non-
Federal interest at the fully depreciated value of the
pipeline, less--
(i) the non-Federal cost-share contributed
under subparagraph (A); and
(ii) the estimated value of the water to be
provided as needed for maintenance of habitat
values in the project area throughout the life
of the project.
(11) South platte river, denver, colorado.--The project for
ecosystem restoration, Denver County Reach, South Platte River,
Denver, Colorado: Report of the Chief of Engineers dated May
16, 2003, at a total cost of $21,050,000, with an estimated
Federal cost of $13,680,000 and an estimated non-Federal cost
of $7,370,000.
(12) Indian river lagoon, south florida.--
(A) In general.--The Secretary may carry out the
project for ecosystem restoration, water supply, flood
control, and protection of water quality, Indian River
Lagoon, south Florida, at a total cost of
$1,365,000,000, with an estimated first Federal cost of
$682,500,000 and an estimated first non-Federal cost of
$682,500,000, in accordance with section 601 of the
Water Resources Development Act of 2000 (114 Stat.
2680) and the recommendations of the report of the
Chief of Engineers dated August 6, 2004.
(B) Deauthorizations.--As of the date of enactment
of this Act, the following projects are not authorized:
(i) The uncompleted portions of the project
authorized by section 601(b)(2)(C)(i) of the
Water Resources Development Act of 2000 (114
Stat. 2682), C-44 Basin Storage Reservoir of
the Comprehensive Everglades Restoration Plan,
at a total cost of $147,800,000, with an
estimated Federal cost of $73,900,000 and an
estimated non-Federal cost of $73,900,000.
(ii) The uncompleted portions of the
project authorized by section 203 of the Flood
Control Act of 1968 (Public Law 90-483; 82
Stat. 740), Martin County, Florida,
modifications to Central and South Florida
Project, as contained in Senate Document 101,
90th Congress, 2d Session, at a total cost of
$15,471,000, with an estimated Federal cost of
$8,073,000 and an estimated non-Federal cost of
$7,398,000.
(iii) The uncompleted portions of the
project authorized by section 203 of the Flood
Control Act of 1968 (Public Law 90-483; 82
Stat. 740), East Coast Backpumping, St. Lucie-
Martin County, Spillway Structure S-311 of the
Central and South Florida Project, as contained
in House Document 369, 90th Congress, 2d
Session, at a total cost of $77,118,000, with
an estimated Federal cost of $55,124,000 and an
estimated non-Federal cost of $21,994,000.
(13) Miami harbor, miami, florida.--The project for
navigation, Miami Harbor, Miami, Florida: Report of the Chief
of Engineers dated April 25, 2005, at a total cost of
$125,270,000, with an estimated Federal cost of $75,140,000 and
an estimated non-Federal cost of $50,130,000.
(14) Picayune strand, florida.--The project for ecosystem
restoration, Picayune Strand, Florida: Report of the Chief of
Engineers dated September 15, 2005, at a total cost of
$362,260,000 with an estimated Federal cost of $181,130,000 and
an estimated non-Federal cost of $181,130,000.
(15) East st. louis and vicinity, illinois.--The project
for ecosystem restoration and recreation, East St. Louis and
Vicinity, Illinois: Report of the Chief of Engineers dated
December 22, 2004, at a total cost of $201,600,000, with an
estimated Federal cost of $130,600,000 and an estimated non-
Federal cost of $71,000,000.
(16) Peoria riverfront, illinois.--The project for
ecosystem restoration, Peoria Riverfront, Illinois: Report of
the Chief of Engineers dated July 28, 2003, at a total cost of
$17,760,000, with an estimated Federal cost of $11,540,000 and
an estimated non-Federal cost of $6,220,000.
(17) Des moines and raccoon rivers, des moines, iowa.--The
project for flood damage reduction, Des Moines and Raccoon
Rivers, Des Moines, Iowa: Report of the Chief of Engineers
dated March 28, 2006, at a total cost of $10,500,000, with an
estimated Federal cost of $6,800,000 and an estimated non-
Federal cost of $3,700,000.
(18) Bayou sorrel lock, louisiana.--The project for
navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief
of Engineers dated January 3, 2005, at a total cost of
$9,500,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(19) Morganza to the gulf of mexico, louisiana.--
(A) In general.--The project for hurricane and
storm damage reduction, Morganza to the Gulf of Mexico,
Louisiana: Reports of the Chief of Engineers dated
August 23, 2002, and July 22, 2003, at a total cost of
$841,100,000 with an estimated Federal cost of
$546,300,000 and an estimated non-Federal cost of
$294,800,000.
(B) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
the Houma Navigation Canal lock complex and the Gulf
Intracoastal Waterway floodgate features that provide
for inland waterway transportation shall be a Federal
responsibility, in accordance with section 102 of the
Water Resources Development Act of 1986 (33 U.S.C.
2212; Public Law 99-662).
(20) Poplar island expansion, maryland.--The project for
the beneficial use of dredged material at Poplar Island,
Maryland, authorized by section 537 of the Water Resources
Development Act of 1996 (110 Stat. 3776), and modified by
section 318 of the Water Resources Development Act of 2000 (114
Stat. 2678), is further modified to authorize the Secretary to
construct the project in accordance with the Report of the
Chief of Engineers dated March 31, 2006, at a total cost of
$256,100,000, with an estimated Federal cost of $192,100,000
and an estimated non-Federal cost of $64,000,000.
(21) Smith island, maryland.--The project for ecosystem
restoration, Smith Island, Maryland: Report of the Chief of
Engineers dated October 29, 2001, at a total cost of
$14,500,000, with an estimated Federal cost of $9,425,000 and
an estimated non-Federal cost of $5,075,000.
(22) Swope park industrial area, missouri.--The project for
flood damage reduction, Swope Park Industrial Area, Missouri:
Report of the Chief of Engineers dated December 30, 2003, at a
total cost of $16,900,000, with an estimated Federal cost of
$10,990,000 and an estimated non-Federal cost of $5,910,000.
(23) Manasquan to barnegat inlets, new jersey.--The project
for hurricane and storm damage reduction, Manasquan to Barnegat
Inlets, New Jersey: Report of the Chief of Engineers dated
December 30, 2003, at a total cost of $70,340,000, with an
estimated Federal cost of $45,720,000 and an estimated non-
Federal cost of $24,620,000, and at an estimated total cost of
$117,100,000 for periodic beach nourishment over the 50-year
life of the project, with an estimated Federal cost of
$58,550,000 and an estimated non-Federal cost of $58,550,000.
(24) Raritan bay and sandy hook bay, union beach, new
jersey.--The project for hurricane and storm damage reduction,
Raritan Bay and Sandy Hook Bay, Union Beach, New Jersey: Report
of the Chief of Engineers dated January 4, 2006, at a total
cost of $112,640,000, with an estimated Federal cost of
$73,220,600 and an estimated non-Federal cost of $39,420,000,
and at an estimated total cost of $6,400,000 for periodic
nourishment over the 50-year life of the project, with an
estimated Federal cost of $2,300,000 and an estimated non-
Federal cost of $4,100,000.
(25) South river, new jersey.--The project for hurricane
and storm damage reduction and ecosystem restoration, South
River, New Jersey: Report of the Chief of Engineers dated July
22, 2003, at a total cost of $120,810,000, with an estimated
Federal cost of $78,530,000 and an estimated non-Federal cost
of $42,280,000.
(26) Southwest valley, albuquerque, new mexico.--The
project for flood damage reduction, Southwest Valley,
Albuquerque, New Mexico: Report of the Chief of Engineers dated
November 29, 2004, at a total cost of $24,000,000, with an
estimated Federal cost of $15,600,000 and an estimated non-
Federal cost of $8,400,000.
(27) Montauk point, new york.--The project for hurricane
and storm damage reduction, Montauk Point, New York: Report of
the Chief of Engineers dated March 31, 2006, at a total cost of
$14,070,000, with an estimated Federal cost of $7,035,000 and
an estimated non-Federal cost of $7,035,000.
(28) Bloomsburg, pennsylvania.--The project for flood
damage reduction, Bloomsburg, Pennsylvania: Report of the Chief
of Engineers dated January 25, 2006, at a total cost of
$43,300,000, with an estimated Federal cost of $28,150,000 and
an estimated non-Federal cost of $15,150,000.
(29) Corpus christi ship channel, corpus christi, texas.--
(A) In general.--The project for navigation and
ecosystem restoration, Corpus Christi Ship Channel,
Texas, Channel Improvement Project: Report of the Chief
of Engineers dated June 2, 2003, at a total cost of
$188,110,000, with an estimated Federal cost of
$87,810,000 and an estimated non-Federal cost of
$100,300,000.
(B) Navigational servitude.--In carrying out the
project under subparagraph (A), the Secretary shall
enforce navigational servitude in the Corpus Christi
Ship Channel, including, at the sole expense of the
owner of the facility, the removal or relocation of any
facility obstructing the project.
(30) Gulf intracoastal waterway, brazos river to port
o'connor, matagorda bay re-route, texas.--The project for
navigation, Gulf Intracoastal Waterway, Brazos River to Port
O'Connor, Matagorda Bay Re-Route, Texas: Report of the Chief of
Engineers dated December 24, 2002, at a total cost of
$17,280,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(31) Gulf intracoastal waterway, high island to brazos
river, texas.--The project for navigation, Gulf Intracoastal
Waterway, Sabine River to Corpus Christi, Texas: Report of the
Chief of Engineers dated April 16, 2004, at a total cost of
$14,450,000. The costs of construction of the project are to be
paid \1/2\ from amounts appropriated from the general fund of
the Treasury and \1/2\ from amounts appropriated from the
Inland Waterways Trust Fund.
(32) Riverside oxbow, fort worth, texas.--The project for
ecosystem restoration, Riverside Oxbow, Fort Worth, Texas:
Report of the Chief of Engineers dated May 29, 2003, at a total
cost of $27,330,000, with an estimated Federal cost of
$11,320,000 and an estimated non-Federal cost of $16,010,000.
(33) Deep creek, chesapeake, virginia.--The project for the
Atlantic Intracoastal Waterway Bridge Replacement, Deep Creek,
Chesapeake, Virginia: Report of the Chief of Engineers dated
March 3, 2003, at a total cost of $37,200,000.
(34) Chehalis river, centralia, washington.--The project
for flood damage reduction, Centralia, Washington, authorized
by section 401(a) of the Water Resources Development Act of
1986 (Public Law 99-662; 100 Stat. 4126)--
(A) is modified to be carried out at a total cost
of $121,100,000, with a Federal cost of $73,220,000,
and a non-Federal cost of $47,880,000; and
(B) shall be carried out by the Secretary
substantially in accordance with the plans, and subject
to the conditions, recommended in the final report of
the Chief of Engineers dated September 27, 2004.
(b) Projects Subject to Final Report.--The following projects for
water resources development and conservation and other purposes are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, recommended
in a final report of the Chief of Engineers if a favorable report of
the Chief is completed not later than December 31, 2006:
(1) Wood river levee system, illinois.--The project for
flood damage reduction, Wood River, Illinois, authorized by the
Act of June 28, 1938 (52 Stat. 1215, chapter 795), is modified
to authorize construction of the project at a total cost of
$16,730,000, with an estimated Federal cost of $10,900,000 and
an estimated non-Federal cost of $5,830,000.
(2) Licking river, cynthiana, kentucky.--The project for
flood damage reduction, Licking River, Cynthiana, Kentucky, at
a total cost of $17,800,000, with an estimated Federal cost of
$11,570,000 and an estimated non-Federal cost of $6,230,000.
(3) Port of iberia, louisiana.--The project for navigation,
Port of Iberia, Louisiana, at a total cost of $204,600,000,
with an estimated Federal cost of $129,700,000 and an estimated
non-Federal cost of $74,900,000, except that the Secretary, in
consultation with Vermillion and Iberia Parishes, Louisiana, is
directed to use available dredged material and rock placement
on the south bank of the Gulf Intracoastal Waterway and the
west bank of the Freshwater Bayou Channel to provide incidental
storm surge protection.
(4) Hudson-raritan estuary, liberty state park, new
jersey.--The project for ecosystem restoration, Hudson-Raritan
Estuary, Liberty State Park, New Jersey, at a total cost of
$33,050,000, with an estimated Federal cost of $21,480,000 and
an estimated non-Federal cost of $11,570,000.
(5) Jamaica bay, marine park and plumb beach, queens and
brooklyn, new york.--The project for ecosystem restoration,
Jamaica Bay, Queens and Brooklyn, New York, at a total
estimated cost of $204,159,000, with an estimated Federal cost
of $132,703,000 and an estimated non-Federal cost of
$71,456,000.
(6) Hocking river basin, monday creek, ohio.--The project
for ecosystem restoration, Hocking River Basin, Monday Creek,
Ohio, at a total cost of $18,730,000, with an estimated Federal
cost of $12,170,000 and an estimated non-Federal cost of
$6,560,000.
(7) Pawley's island, south carolina.--The project for
hurricane and storm damage reduction, Pawley's Island, South
Carolina, at a total cost of $8,980,000, with an estimated
Federal cost of $4,040,000 and an estimated non-Federal cost of
$4,940,000, and at an estimated total cost of $21,200,000 for
periodic nourishment over the 50-year life of the project, with
an estimated Federal cost of $7,632,000 and an estimated non-
Federal cost of $13,568,000.
(8) Craney island eastward expansion, virginia.--The
project for navigation, Craney Island Eastward Expansion,
Virginia, at a total cost of $671,340,000, with an estimated
Federal cost of $26,220,000 and an estimated non-Federal cost
of $645,120,000.

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

(a) Definitions.--In this section:
(1) Plan.--The term ``Plan'' means the project for
navigation and ecosystem improvements for the Upper Mississippi
River and Illinois Waterway System: Report of the Chief of
Engineers dated December 15, 2004.
(2) Upper mississippi river and illinois waterway system.--
The term ``Upper Mississippi River and Illinois Waterway
System'' means the projects for navigation and ecosystem
restoration authorized by Congress for--
(A) the segment of the Mississippi River from the
confluence with the Ohio River, River Mile 0.0, to
Upper St. Anthony Falls Lock in Minneapolis-St. Paul,
Minnesota, River Mile 854.0; and
(B) the Illinois Waterway from its confluence with
the Mississippi River at Grafton, Illinois, River Mile
0.0, to T.J. O'Brien Lock in Chicago, Illinois, River
Mile 327.0.
(b) Authorization of Construction of Navigation Improvements.--
(1) Small scale and nonstructural measures.--
(A) In general.--The Secretary shall, in general
conformance with the Plan--
(i) construct mooring facilities at Locks
12, 14, 18, 20, 22, 24, and LaGrange Lock;
(ii) provide switchboats at Locks 20
through 25; and
(iii) conduct development and testing of an
appointment scheduling system.
(B) Authorization of appropriations.--The total
cost of the projects authorized under this paragraph
shall be $246,000,000. The costs of construction of the
projects shall be paid \1/2\ from amounts appropriated
from the general fund of the Treasury and \1/2\ from
amounts appropriated from the Inland Waterways Trust
Fund. Such sums shall remain available until expended.
(2) New locks.--
(A) In general.--The Secretary shall, in general
conformance with the Plan, construct new 1,200-foot
locks at Locks 20, 21, 22, 24, and 25 on the Upper
Mississippi River and at LaGrange Lock and Peoria Lock
on the Illinois Waterway.
(B) Mitigation.--The Secretary shall conduct
mitigation for the new locks and small scale and
nonstructural measures authorized under paragraphs (1)
and (2).
(C) Concurrence.--The mitigation required under
subparagraph (B) for the projects authorized under
paragraphs (1) and (2), including any acquisition of
lands or interests in lands, shall be undertaken or
acquired concurrently with lands and interests for the
projects authorized under paragraphs (1) and (2), and
physical construction required for the purposes of
mitigation shall be undertaken concurrently with the
physical construction of such projects.
(D) Authorization of appropriations.--The total
cost of the projects authorized under this paragraph
shall be $1,870,000,000. The costs of construction on
the projects shall be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and
\1/2\ from amounts appropriated from the Inland
Waterways Trust Fund. Such sums shall remain available
until expended.
(c) Ecosystem Restoration Authorization.--
(1) Operation.--To ensure the environmental sustainability
of the existing Upper Mississippi River and Illinois Waterway
System, the Secretary shall modify, consistent with
requirements to avoid adverse effects on navigation, the
operation of the Upper Mississippi River and Illinois Waterway
System to address the cumulative environmental impacts of
operation of the system and improve the ecological integrity of
the Upper Mississippi River and Illinois River.
(2) Ecosystem restoration projects.--
(A) In general.--The Secretary shall carry out,
consistent with requirements to avoid adverse effects
on navigation, ecosystem restoration projects to attain
and maintain the sustainability of the ecosystem of the
Upper Mississippi River and Illinois River in
accordance with the general framework outlined in the
Plan.
(B) Projects included.--Ecosystem restoration
projects may include, but are not limited to--
(i) island building;
(ii) construction of fish passages;
(iii) floodplain restoration;
(iv) water level management (including
water drawdown);
(v) backwater restoration;
(vi) side channel restoration;
(vii) wing dam and dike restoration and
modification;
(viii) island and shoreline protection;
(ix) topographical diversity;
(x) dam point control;
(xi) use of dredged material for
environmental purposes;
(xii) tributary confluence restoration;
(xiii) spillway, dam, and levee
modification to benefit the environment;
(xiv) land easement authority; and
(xv) land acquisition.
(C) Cost sharing.--
(i) In general.--Except as provided in
clauses (ii) and (iii), the Federal share of
the cost of carrying out an ecosystem
restoration project under this paragraph shall
be 65 percent.
(ii) Exception for certain restoration
projects.--In the case of a project under this
subparagraph for ecosystem restoration, the
Federal share of the cost of carrying out the
project shall be 100 percent if the project--
(I) is located below the ordinary
high water mark or in a connected
backwater;
(II) modifies the operation or
structures for navigation; or
(III) is located on federally owned
land.
(iii) Savings clause.--Nothing in this
paragraph affects the applicability of section
906(e) of the Water Resources Development Act
of 1986 (33 U.S.C. 2283).
(iv) Nongovernmental organizations.--
Notwithstanding section 221(b) of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5(b)), for
any project carried out under this section, a
non-Federal sponsor may include a nonprofit
entity, with the consent of the affected local
government.
(D) Land acquisition.--The Secretary may acquire
land or an interest in land for an ecosystem
restoration project from a willing owner through
conveyance of--
(i) fee title to the land; or
(ii) a flood plain conservation easement.
(3) Ecosystem restoration preconstruction engineering and
design.--
(A) Restoration design.--Before initiating the
construction of any individual ecosystem restoration
project, the Secretary shall--
(i) establish ecosystem restoration goals
and identify specific performance measures
designed to demonstrate ecosystem restoration;
(ii) establish the without-project
condition or baseline for each performance
indicator; and
(iii) for each separable element of the
ecosystem restoration, identify specific target
goals for each performance indicator.
(B) Outcomes.--Performance measures identified
under subparagraph (A)(i) should comprise specific
measurable environmental outcomes, such as changes in
water quality, hydrology, or the well-being of
indicator species the population and distribution of
which are representative of the abundance and diversity
of ecosystem-dependent aquatic and terrestrial species.
(C) Restoration design.--Restoration design carried
out as part of ecosystem restoration shall include a
monitoring plan for the performance measures identified
under subparagraph (A)(i), including--
(i) a timeline to achieve the identified
target goals; and
(ii) a timeline for the demonstration of
project completion.
(4) Specific projects authorization.--
(A) In general.--There is authorized to be
appropriated to carry out this subsection
$1,650,000,000, of which not more than $226,000,000
shall be available for projects described in paragraph
(2)(B)(ii) and not more than $43,000,000 shall be
available for projects described in paragraph
(2)(B)(x). Such sums shall remain available until
expended.
(B) Limitation on available funds.--Of the amounts
made available under subparagraph (A), not more than
$35,000,000 for each fiscal year shall be available for
land acquisition under paragraph (2)(D).
(C) Individual project limit.--Other than for
projects described in clauses (ii) and (x) of paragraph
(2)(B), the total cost of any single project carried
out under this subsection shall not exceed $25,000,000.
(5) Implementation reports.--
(A) In general.--Not later than June 30, 2008, and
every 5 years thereafter, the Secretary shall submit to
the Committee on Environment and Public Works of the
Senate and the Committee on Transportation and
Infrastructure of the House of Representatives an
implementation report that--
(i) includes baselines, milestones, goals,
and priorities for ecosystem restoration
projects; and
(ii) measures the progress in meeting the
goals.
(B) Advisory panel.--
(i) In general.--The Secretary shall
appoint and convene an advisory panel to
provide independent guidance in the development
of each implementation report under
subparagraph (A).
(ii) Panel members.--Panel members shall
include--
(I) 1 representative of each of the
State resource agencies (or a designee
of the Governor of the State) from each
of the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin;
(II) 1 representative of the
Department of Agriculture;
(III) 1 representative of the
Department of Transportation;
(IV) 1 representative of the United
States Geological Survey;
(V) 1 representative of the United
States Fish and Wildlife Service;
(VI) 1 representative of the
Environmental Protection Agency;
(VII) 1 representative of affected
landowners;
(VIII) 2 representatives of
conservation and environmental advocacy
groups; and
(IX) 2 representatives of
agriculture and industry advocacy
groups.
(iii) Chairperson.--The Secretary shall
serve as chairperson of the advisory panel.
(iv) Nonapplicability of faca.--The Federal
Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Advisory Panel or any working
group established by the Advisory Panel.
(6) Ranking system.--
(A) In general.--The Secretary, in consultation
with the Advisory Panel, shall develop a system to rank
proposed projects.
(B) Priority.--The ranking system shall give
greater weight to projects that restore natural river
processes, including those projects listed in paragraph
(2)(B).
(d) Comparable Progress.--
(1) In general.--As the Secretary conducts pre-engineering,
design, and construction for projects authorized under this
section, the Secretary shall--
(A) select appropriate milestones; and
(B) determine, at the time of such selection,
whether the projects are being carried out at
comparable rates.
(2) No comparable rate.--If the Secretary determines under
paragraph (1)(B) that projects authorized under this subsection
are not moving toward completion at a comparable rate, annual
funding requests for the projects will be adjusted to ensure
that the projects move toward completion at a comparable rate
in the future.

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

(a) In General.--The Secretary may carry out a program for
ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially
in accordance with the report of the Chief of Engineers, dated January
31, 2005.
(b) Priorities.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary shall give priority to--
(A) any portion of the program identified in the
report described in subsection (a) as a critical
restoration feature;
(B) any Mississippi River diversion project that--
(i) protects a major population area of the
Pontchartain, Pearl, Breton Sound, Barataria,
or Terrebonne Basin; and
(ii) produces an environmental benefit to
the coastal area of the State of Louisiana; and
(C) any barrier island, or barrier shoreline,
project that--
(i) is carried out in conjunction with a
Mississippi River diversion project; and
(ii) protects a major population area.
(c) Modifications.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary is authorized to make
modifications as necessary to the 5 near-term critical
ecosystem restoration features identified in the report
referred to in subsection (a), due to the impact of Hurricanes
Katrina and Rita on the project areas.
(2) Integration.--The Secretary shall ensure that the
modifications under paragraph (1) are fully integrated with the
analysis and design of comprehensive hurricane protection
authorized by title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2247).
(3) Construction.--
(A) In general.--The Secretary is authorized to
construct the projects modified under this subsection.
(B) Reports.--
(i) In general.--Before beginning
construction of the projects, the Secretary
shall submit a report documenting any
modifications to the 5 near-term projects,
including cost changes, to the Louisiana Water
Resources Council established by subsection
(n)(1) (referred to in this section as the
``Council'') for approval.
(ii) Submission to congress.--On approval
of a report under clause (i), the Council shall
submit the report to the Committee on
Environment and Public Works of the Senate and
the Committee on Transportation and
Infrastructure of the House of Representatives.
(4) Applicability of other provisions.--Section 902 of the
Water Resources Development Act of 1986 (33 U.S.C. 2280) shall
not apply to the 5 near-term projects authorized by this
section.
(d) Demonstration Program.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary is authorized to conduct a
demonstration program within the applicable project area to
evaluate new technologies and the applicability of the
technologies to the program.
(2) Cost limitation.--The cost of an individual project
under this subsection shall be not more than $25,000,000.
(e) Beneficial Use of Dredged Material.--
(1) In general.--In carrying out the program under
subsection (a), the Secretary is authorized to use such sums as
are necessary to conduct a program for the beneficial use of
dredged material.
(2) Consideration.--In carrying out the program under
subsection (a), the Secretary shall consider the beneficial use
of sediment from the Illinois River System for wetlands
restoration in wetlands-depleted watersheds.
(f) Reports.--
(1) In general.--Not later than December 31, 2008, the
Secretary shall submit to Congress feasibility reports on the
features included in table 3 of the report referred to in
subsection (a).
(2) Projects identified in reports.--
(A) In general.--The Secretary shall submit the
reports described in paragraph (1) to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(B) Construction.--The Secretary shall be
authorized to construct the projects identified in the
reports at the time the Committees referred to in
subparagraph (A) each adopt a resolution approving the
project.
(g) Nongovernmental Organizations.--A nongovernmental organization
shall be eligible to contribute all or a portion of the non-Federal
share of the cost of a project under this section.
(h) Comprehensive Plan.--
(1) In general.--The Secretary, in coordination with the
Governor of the State of Louisiana, shall--
(A) develop a plan for protecting, preserving, and
restoring the coastal Louisiana ecosystem;
(B) not later than 1 year after the date of
enactment of this Act, and every 5 years thereafter,
submit to Congress the plan, or an update of the plan;
and
(C) ensure that the plan is fully integrated with
the analysis and design of comprehensive hurricane
protection authorized by title I of the Energy and
Water Development Appropriations Act, 2006 (Public Law
109-103; 119 Stat. 2247).
(2) Inclusions.--The comprehensive plan shall include a
description of--
(A) the framework of a long-term program that
provides for the comprehensive protection,
conservation, and restoration of the wetlands,
estuaries (including the Barataria-Terrebonne estuary),
barrier islands, shorelines, and related land and
features of the coastal Louisiana ecosystem, including
protection of a critical resource, habitat, or
infrastructure from the effects of a coastal storm, a
hurricane, erosion, or subsidence;
(B) the means by which a new technology, or an
improved technique, can be integrated into the program
under subsection (a);
(C) the role of other Federal agencies and programs
in carrying out the program under subsection (a); and
(D) specific, measurable ecological success
criteria by which success of the comprehensive plan
shall be measured.
(3) Consideration.--In developing the comprehensive plan,
the Secretary shall consider the advisability of integrating
into the program under subsection (a)--
(A) a related Federal or State project carried out
on the date on which the plan is developed;
(B) an activity in the Louisiana Coastal Area; or
(C) any other project or activity identified in--
(i) the Mississippi River and Tributaries
program;
(ii) the Louisiana Coastal Wetlands
Conservation Plan;
(iii) the Louisiana Coastal Zone Management
Plan; or
(iv) the plan of the State of Louisiana
entitled ``Coast 2050: Toward a Sustainable
Coastal Louisiana''.
(i) Task Force.--
(1) Establishment.--There is established a task force to be
known as the ``Coastal Louisiana Ecosystem Protection and
Restoration Task Force'' (referred to in this subsection as the
``Task Force'').
(2) Membership.--The Task Force shall consist of the
following members (or, in the case of the head of a Federal
agency, a designee at the level of Assistant Secretary or an
equivalent level):
(A) The Secretary.
(B) The Secretary of the Interior.
(C) The Secretary of Commerce.
(D) The Administrator of the Environmental
Protection Agency.
(E) The Secretary of Agriculture.
(F) The Secretary of Transportation.
(G) The Secretary of Energy.
(H) The Secretary of Homeland Security.
(I) 3 representatives of the State of Louisiana
appointed by the Governor of that State.
(3) Duties.--The Task Force shall make recommendations to
the Secretary regarding--
(A) policies, strategies, plans, programs,
projects, and activities for addressing conservation,
protection, restoration, and maintenance of the coastal
Louisiana ecosystem;
(B) financial participation by each agency
represented on the Task Force in conserving,
protecting, restoring, and maintaining the coastal
Louisiana ecosystem, including recommendations--
(i) that identify funds from current agency
missions and budgets; and
(ii) for coordinating individual agency
budget requests; and
(C) the comprehensive plan under subsection (h).
(4) Working groups.--The Task Force may establish such
working groups as the Task Force determines to be necessary to
assist the Task Force in carrying out this subsection.
(5) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Task Force
or any working group of the Task Force.
(j) Science and Technology.--
(1) In general.--The Secretary shall establish a coastal
Louisiana ecosystem science and technology program.
(2) Purposes.--The purposes of the program established by
paragraph (1) shall be--
(A) to identify any uncertainty relating to the
physical, chemical, geological, biological, and
cultural baseline conditions in coastal Louisiana;
(B) to improve knowledge of the physical, chemical,
geological, biological, and cultural baseline
conditions in coastal Louisiana; and
(C) to identify and develop technologies, models,
and methods to carry out this subsection.
(3) Working groups.--The Secretary may establish such
working groups as the Secretary determines to be necessary to
assist the Secretary in carrying out this subsection.
(4) Contracts and cooperative agreements.--In carrying out
this subsection, the Secretary may enter into a contract or
cooperative agreement with an individual or entity (including a
consortium of academic institutions in Louisiana) with
scientific or engineering expertise in the restoration of
aquatic and marine ecosystems for coastal restoration and
enhancement through science and technology.
(k) Analysis of Benefits.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision
of law, in carrying out an activity to conserve, protect,
restore, or maintain the coastal Louisiana ecosystem, the
Secretary may determine that the environmental benefits
provided by the program under this section outweigh the
disadvantage of an activity under this section.
(2) Determination of cost-effectiveness.--If the Secretary
determines that an activity under this section is cost-
effective, no further economic justification for the activity
shall be required.
(l) Studies.--
(1) Degradation.--Not later than 180 days after the date of
enactment of this Act, the Secretary, in consultation with the
non-Federal interest, shall enter into a contract with the
National Academy of Sciences under which the National Academy
of Sciences shall carry out a study to identify--
(A) the cause of any degradation of the Louisiana
Coastal Area ecosystem that occurred as a result of an
activity approved by the Secretary; and
(B) the sources of the degradation.
(2) Financing.--On completion, and taking into account the
results, of the study conducted under paragraph (1), the
Secretary, in consultation with the non-Federal interest, shall
study--
(A) financing alternatives for the program under
subsection (a); and
(B) potential reductions in the expenditure of
Federal funds in emergency responses that would occur
as a result of ecosystem restoration in the Louisiana
Coastal Area.
(m) Project Modifications.--
(1) Review.--The Secretary, in cooperation with any non-
Federal interest, shall review each federally-authorized water
resources project in the coastal Louisiana area in existence on
the date of enactment of this Act to determine whether--
(A) each project is in accordance with the program
under subsection (a); and
(B) the project could contribute to ecosystem
restoration under subsection (a) through modification
of the operations or features of the project.
(2) Modifications.--Subject to paragraphs (3) and (4), the
Secretary may carry out the modifications described in
paragraph (1)(B).
(3) Public notice and comment.--Before completing the
report required under paragraph (4), the Secretary shall
provide an opportunity for public notice and comment.
(4) Report.--
(A) In general.--Before modifying an operation or
feature of a project under paragraph (1)(B), the
Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the modification.
(B) Inclusion.--A report under subparagraph (A)
shall include such information relating to the timeline
and cost of a modification as the Secretary determines
to be relevant.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000.
(n) Louisiana Water Resources Council.--
(1) Establishment.--There is established within the
Mississippi River Commission, a subgroup to be known as the
``Louisiana Water Resources Council''.
(2) Purposes.--The purposes of the Council are--
(A) to manage and oversee each aspect of the
implementation of a system-wide, comprehensive plan for
projects of the Corps of Engineers (including the
study, planning, engineering, design, and construction
of the projects or components of projects and the
functions or activities of the Corps of Engineers
relating to other projects) that addresses hurricane
protection, flood control, ecosystem restoration, storm
surge damage reduction, or navigation in the Hurricanes
Katrina and Rita disaster areas in the State of
Louisiana; and
(B) to demonstrate and evaluate a streamlined
approach to authorization of water resources projects
to be studied, designed, and constructed by the Corps
of Engineers.
(3) Membership.--
(A) In general.--The president of the Mississippi
River Commission shall appoint members of the Council,
after considering recommendations of the Governor of
Louisiana.
(B) Requirements.--The Council shall be composed
of--
(i) 2 individuals with expertise in coastal
ecosystem restoration, including the
interaction of saltwater and freshwater
estuaries; and
(ii) 2 individual with expertise in geology
or civil engineering relating to hurricane and
flood damage reduction and navigation.
(C) Chairperson.--In addition to the members
appointed under subparagraph (B), the Council shall be
chaired by 1 of the 3 officers of the Corps of
Engineers of the Mississippi River Commission.
(4) Duties.--With respect to modifications under subsection
(c), the Council shall--
(A) review and approve or disapprove the reports
completed by the Secretary; and
(B) on approval, submit the reports to the
Committee on Environment and Public Works of the Senate
and the Committee on Transportation and Infrastructure
of the House of Representatives.
(5) Termination.--
(A) In general.--The Council shall terminate on the
date that is 6 years after the date of enactment of
this Act.
(B) Effect.--Any project modification under
subsection (c) that has not been approved by the
Council and submitted to Congress by the date described
in subparagraph (A) shall not proceed to construction
before the date on which the modification is
statutorily approved by Congress.
(o) Other Projects.--
(1) In general.--With respect to the projects identified in
the analysis and design of comprehensive hurricane protection
authorized by title I of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2247),
the Secretary shall submit a report describing the projects to
the Committee on Environment and Public Works of the Senate and
the Committee on Transportation and Infrastructure of the House
of Representatives.
(2) Construction.--The Secretary shall be authorized to
construct the projects at the time the Committees referred to
in paragraph (1) each adopt a resolution approving the project.
(p) Report.--
(1) In general.--Not later than 6 years after the date of
enactment of this Act, the Secretary shall submit to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives a report evaluating the alternative means of
authorizing Corps of Engineers water resources projects under
subsections (c)(3), (f)(2), and (o)(2).
(2) Inclusions.--The report shall include a description
of--
(A) the projects authorized and undertaken under
this section;
(B) the construction status of the projects; and
(C) the benefits and environmental impacts of the
projects.
(3) External review.--The Secretary shall enter into a
contract with the National Academy of Science to perform an
external review of the demonstration program under subsection
(d), which shall be submitted to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives.

SEC. 1004. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.

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

SEC. 1005. SMALL PROJECTS FOR NAVIGATION.

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577):
(1) Little rock port, arkansas.--Project for navigation,
Little Rock Port, Arkansas River, Arkansas.
(2) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(3) Outer channel and inner harbor, menominee harbor,
michigan and wisconsin.--Project for navigation, Outer Channel
and Inner Harbor, Menominee Harbor, Michigan and Wisconsin.
(4) Middle bass island state park, middle bass island,
ohio.--Project for navigation, Middle Bass Island State Park,
Middle Bass Island, Ohio.

SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.

The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330):
(1) San diego river, california.--Project for aquatic
ecosystem restoration, San Diego River, California, including
efforts to address invasive aquatic plant species.
(2) Suison marsh, san pablo bay, california.--Project for
aquatic ecosystem restoration, San Pablo Bay, California.
(3) Johnson creek, gresham, oregon.--Project for aquatic
ecosystem restoration, Johnson Creek, Gresham, Oregon.
(4) Blackstone river, rhode island.--Project for aquatic
ecosystem restoration, Blackstone River, Rhode Island.
(5) College lake, lynchburg, virginia.--Project for aquatic
ecosystem restoration, College Lake, Lynchburg, Virginia.

TITLE II--GENERAL PROVISIONS

Subtitle A--Provisions

SEC. 2001. CREDIT FOR IN-KIND CONTRIBUTIONS.

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

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

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

SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

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

SEC. 2003. TRAINING FUNDS.

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

SEC. 2004. FISCAL TRANSPARENCY REPORT.

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

SEC. 2005. PLANNING.

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

SEC. 2006. WATER RESOURCES PLANNING COORDINATING COMMITTEE.

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

SEC. 2007. INDEPENDENT PEER REVIEW.

(a) Definitions.--In this section:
(1) Construction activities.--The term ``construction
activities'' means development of detailed engineering and
design specifications during the preconstruction engineering
and design phase and the engineering and design phase of a
water resources project carried out by the Corps of Engineers,
and other activities carried out on a water resources project
prior to completion of the construction and to turning the
project over to the local cost-share partner.
(2) Project study.--The term ``project study'' means a
feasibility report, reevaluation report, or environmental
impact statement prepared by the Corps of Engineers.
(b) Director of Independent Review.--The Secretary shall appoint in
the Office of the Secretary a Director of Independent Review. The
Director shall be selected from among individuals who are distinguished
experts in engineering, hydrology, biology, economics, or another
discipline related to water resources management. The Secretary shall
ensure, to the maximum extent practicable, that the Director does not
have a financial, professional, or other conflict of interest with
projects subject to review. The Director of Independent Review shall
carry out the duties set forth in this section and such other duties as
the Secretary deems appropriate.
(c) Sound Project Planning.--
(1) Projects subject to planning review.--The Secretary
shall ensure that each project study for a water resources
project shall be reviewed by an independent panel of experts
established under this subsection if--
(A) the project has an estimated total cost of more
than $40,000,000, including mitigation costs;
(B) the Governor of a State in which the water
resources project is located in whole or in part, or
the Governor of a State within the drainage basin in
which a water resources project is located and that
would be directly affected economically or
environmentally as a result of the project, requests in
writing to the Secretary the establishment of an
independent panel of experts for the project;
(C) the head of a Federal agency with authority to
review the project determines that the project is
likely to have a significant adverse impact on public
safety, or on environmental, fish and wildlife,
historical, cultural, or other resources under the
jurisdiction of the agency, and requests in writing to
the Secretary the establishment of an independent panel
of experts for the project; or
(D) the Secretary determines on his or her own
initiative, or shall determine within 30 days of
receipt of a written request for a controversy
determination by any party, that the project is
controversial because--
(i) there is a significant dispute
regarding the size, nature, potential safety
risks, or effects of the project; or
(ii) there is a significant dispute
regarding the economic, or environmental costs
or benefits of the project.
(2) Project planning review panels.--
(A) Project planning review panel membership.--For
each water resources project subject to review under
this subsection, the Director of Independent Review
shall establish a panel of independent experts that
shall be composed of not less than 5 nor more than 9
independent experts (including at least 1 engineer, 1
hydrologist, 1 biologist, and 1 economist) who
represent a range of areas of expertise. The Director
of Independent Review shall apply the National Academy
of Science's policy for selecting committee members to
ensure that members have no conflict with the project
being reviewed, and shall consult with the National
Academy of Sciences in developing lists of individuals
to serve on panels of experts under this subsection. An
individual serving on a panel under this subsection
shall be compensated at a rate of pay to be determined
by the Secretary, and shall be allowed travel expenses.
(B) Duties of project planning review panels.--An
independent panel of experts established under this
subsection shall review the project study, receive from
the public written and oral comments concerning the
project study, and submit a written report to the
Secretary that shall contain the panel's conclusions
and recommendations regarding project study issues
identified as significant by the panel, including
issues such as--
(i) economic and environmental assumptions
and projections;
(ii) project evaluation data;
(iii) economic or environmental analyses;
(iv) engineering analyses;
(v) formulation of alternative plans;
(vi) methods for integrating risk and
uncertainty;
(vii) models used in evaluation of economic
or environmental impacts of proposed projects;
and
(viii) any related biological opinions.
(C) Project planning review record.--
(i) In general.--After receiving a report
from an independent panel of experts
established under this subsection, the
Secretary shall take into consideration any
recommendations contained in the report and
shall immediately make the report available to
the public on the internet.
(ii) Recommendations.--The Secretary shall
prepare a written explanation of any
recommendations of the independent panel of
experts established under this subsection not
adopted by the Secretary. Recommendations and
findings of the independent panel of experts
rejected without good cause shown, as
determined by judicial review, shall be given
equal deference as the recommendations and
findings of the Secretary during a judicial
proceeding relating to the water resources
project.
(iii) Submission to congress and public
availability.--The report of the independent
panel of experts established under this
subsection and the written explanation of the
Secretary required by clause (ii) shall be
included with the report of the Chief of
Engineers to Congress, shall be published in
the Federal Register, and shall be made
available to the public on the Internet.
(D) Deadlines for project planning reviews.--
(i) In general.--Independent review of a
project study shall be completed prior to the
completion of any Chief of Engineers report for
a specific water resources project.
(ii) Deadline for project planning review
panel studies.--An independent panel of experts
established under this subsection shall
complete its review of the project study and
submit to the Secretary a report not later than
180 days after the date of establishment of the
panel, or not later than 90 days after the
close of the public comment period on a draft
project study that includes a preferred
alternative, whichever is later. The Secretary
may extend these deadlines for good cause.
(iii) Failure to complete review and
report.--If an independent panel of experts
established under this subsection does not
submit to the Secretary a report by the
deadline established by clause (ii), the Chief
of Engineers may continue project planning
without delay.
(iv) Duration of panels.--An independent
panel of experts established under this
subsection shall terminate on the date of
submission of the report by the panel. Panels
may be established as early in the planning
process as deemed appropriate by the Director
of Independent Review, but shall be appointed
no later than 90 days before the release for
public comment of a draft study subject to
review under subsection (c)(1)(A), and not
later than 30 days after a determination that
review is necessary under subsection (c)(1)(B),
(c)(1)(C), or (c)(1)(D).
(E) Effect on existing guidance.--The project
planning review required by this subsection shall be
deemed to satisfy any external review required by
Engineering Circular 1105-2-408 (31 May 2005) on Peer
Review of Decision Documents.
(d) Safety Assurance.--
(1) Projects subject to safety assurance review.--The
Secretary shall ensure that the construction activities for any
flood damage reduction project shall be reviewed by an
independent panel of experts established under this subsection
if the Director of Independent Review makes a determination
that an independent review is necessary to ensure public
health, safety, and welfare on any project--
(A) for which the reliability of performance under
emergency conditions is critical;
(B) that uses innovative materials or techniques;
(C) for which the project design is lacking in
redundancy, or that has a unique construction
sequencing or a short or overlapping design
construction schedule; or
(D) other than a project described in subparagraphs
(A) through (C), as the Director of Independent Review
determines to be appropriate.
(2) Safety assurance review panels.--At the appropriate
point in the development of detailed engineering and design
specifications for each water resources project subject to
review under this subsection, the Director of Independent
Review shall establish an independent panel of experts to
review and report to the Secretary on the adequacy of
construction activities for the project. An independent panel
of experts under this subsection shall be composed of not less
than 5 nor more than 9 independent experts selected from among
individuals who are distinguished experts in engineering,
hydrology, or other pertinent disciplines. The Director of
Independent Review shall apply the National Academy of
Science's policy for selecting committee members to ensure that
panel members have no conflict with the project being reviewed.
An individual serving on a panel of experts under this
subsection shall be compensated at a rate of pay to be
determined by the Secretary, and shall be allowed travel
expenses.
(3) Deadlines for safety assurance reviews.--An independent
panel of experts established under this subsection shall submit
a written report to the Secretary on the adequacy of the
construction activities prior to the initiation of physical
construction and periodically thereafter until construction
activities are completed on a publicly available schedule
determined by the Director of Independent Review for the
purposes of assuring the public safety. The Director of
Independent Review shall ensure that these reviews be carried
out in a way to protect the public health, safety, and welfare,
while not causing unnecessary delays in construction
activities.
(4) Safety assurance review record.--After receiving a
written report from an independent panel of experts established
under this subsection, the Secretary shall--
(A) take into consideration recommendations
contained in the report, provide a written explanation
of recommendations not adopted, and immediately make
the report and explanation available to the public on
the Internet; and
(B) submit the report to the Committee on
Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the
House of Representatives.
(e) Expenses.--
(1) In general.--The costs of an independent panel of
experts established under subsection (c) or (d) shall be a
Federal expense and shall not exceed--
(A) $250,000, if the total cost of the project in
current year dollars is less than $50,000,000; and
(B) 0.5 percent of the total cost of the project in
current year dollars, if the total cost is $50,000,000
or more.
(2) Waiver.--The Secretary, at the written request of the
Director of Independent Review, may waive the cost limitations
under paragraph (1) if the Secretary determines appropriate.
(f) Report.--Not later than 5 years after the date of enactment of
this Act, the Secretary shall submit to Congress a report describing
the implementation of this section.
(g) Savings Clause.--Nothing in this section shall be construed to
affect any authority of the Secretary to cause or conduct a peer review
of the engineering, scientific, or technical basis of any water
resources project in existence on the date of enactment of this Act.

SEC. 2008. MITIGATION FOR FISH AND WILDLIFE LOSSES.

(a) Completion of Mitigation.--Section 906(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(a)) is amended by
adding at the following:
``(3) Completion of mitigation.--In any case in which it is
not technically practicable to complete mitigation by the last
day of construction of the project or separable element of the
project because of the nature of the mitigation to be
undertaken, the Secretary shall complete the required
mitigation as expeditiously as practicable, but in no case
later than the last day of the first fiscal year beginning
after the last day of construction of the project or separable
element of the project.''.
(b) Use of Consolidated Mitigation.--Section 906(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(b)) is amended by
adding at the end the following:
``(3) Use of consolidated mitigation.--
``(A) In general.--If the Secretary determines that
other forms of compensatory mitigation are not
practicable or are less environmentally desirable, the
Secretary may purchase available credits from a
mitigation bank or conservation bank that is approved
in accordance with the Federal Guidance for the
Establishment, Use and Operation of Mitigations Banks
(60 Fed. Reg. 58605) or other applicable Federal laws
(including regulations).
``(B) Service area.--To the maximum extent
practicable, the service area of the mitigation bank or
conservation bank shall be in the same watershed as the
affected habitat.
``(C) Responsibility relieved.--Purchase of credits
from a mitigation bank or conservation bank for a water
resources project relieves the Secretary and the non-
Federal interest from responsibility for monitoring or
demonstrating mitigation success.''.
(c) Mitigation Requirements.--Section 906(d) of the Water Resources
Development Act of 1986 (33 U.S.C. 2283(d)) is amended--
(1) in paragraph (1)--
(A) in the first sentence, by striking ``to the
Congress unless such report contains'' and inserting
``to Congress, and shall not select a project
alternative in any final record of decision,
environmental impact statement, or environmental
assessment, unless the proposal, record of decision,
environmental impact statement, or environmental
assessment contains''; and
(B) in the second sentence, by inserting ``, and
other habitat types are mitigated to not less than in-
kind conditions'' after ``mitigated in-kind''; and
(2) by adding at the end the following:
``(3) Mitigation requirements.--
``(A) In general.--To mitigate losses to flood
damage reduction capabilities and fish and wildlife
resulting from a water resources project, the Secretary
shall ensure that the mitigation plan for each water
resources project complies fully with the mitigation
standards and policies established pursuant to section
404 of the Federal Water Pollution Control Act (33
U.S.C. 1344).
``(B) Inclusions.--A specific mitigation plan for a
water resources project under paragraph (1) shall
include, at a minimum--
``(i) a plan for monitoring the
implementation and ecological success of each
mitigation measure, including a designation of
the entities that will be responsible for the
monitoring;
``(ii) the criteria for ecological success
by which the mitigation will be evaluated and
determined to be successful;
``(iii) land and interests in land to be
acquired for the mitigation plan and the basis
for a determination that the land and interests
are available for acquisition;
``(iv) a description of--
``(I) the types and amount of
restoration activities to be conducted;
and
``(II) the resource functions and
values that will result from the
mitigation plan; and
``(v) a contingency plan for taking
corrective actions in cases in which monitoring
demonstrates that mitigation measures are not
achieving ecological success in accordance with
criteria under clause (ii).
``(4) Determination of success.--
``(A) In general.--A mitigation plan under this
subsection shall be considered to be successful at the
time at which the criteria under paragraph (3)(B)(ii)
are achieved under the plan, as determined by
monitoring under paragraph (3)(B)(i).
``(B) Consultation.--In determining whether a
mitigation plan is successful under subparagraph (A),
the Secretary shall consult annually with appropriate
Federal agencies and each State in which the applicable
project is located on at least the following:
``(i) The ecological success of the
mitigation as of the date on which the report
is submitted.
``(ii) The likelihood that the mitigation
will achieve ecological success, as defined in
the mitigation plan.
``(iii) The projected timeline for
achieving that success.
``(iv) Any recommendations for improving
the likelihood of success.
``(C) Reporting.--Not later than 60 days after the
date of completion of the annual consultation, the
Federal agencies consulted shall, and each State in
which the project is located may, submit to the
Secretary a report that describes the results of the
consultation described in (B).
``(D) Action by secretary.--The Secretary shall
respond in writing to the substance and recommendations
contained in each report under subparagraph (C) by not
later than 30 days after the date of receipt of the
report.
``(5) Monitoring.--Mitigation monitoring shall continue
until it has been demonstrated that the mitigation has met the
ecological success criteria.''.
(d) Status Report.--
(1) In general.--Concurrent with the submission of the
President to Congress of the request of the President for
appropriations for the Civil Works Program for a fiscal year,
the Secretary shall submit to the Committee on the Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing the status of construction
of projects that require mitigation under section 906 of Water
Resources Development Act 1986 (33 U.S.C. 2283) and the status
of that mitigation.
(2) Projects included.--The status report shall include the
status of--
(A) all projects that are under construction as of
the date of the report;
(B) all projects for which the President requests
funding for the next fiscal year; and
(C) all projects that have completed construction,
but have not completed the mitigation required under
section 906 of the Water Resources Development Act of
1986 (33 U.S.C. 2283).
(e) Mitigation Tracking System.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish a
recordkeeping system to track, for each water resources project
undertaken by the Secretary and for each permit issued under
section 404 of the Federal Water Pollution Control Act (33
U.S.C. 1344)--
(A) the quantity and type of wetland and any other
habitat type affected by the project, project
operation, or permitted activity;
(B) the quantity and type of mitigation measures
required with respect to the project, project
operation, or permitted activity;
(C) the quantity and type of mitigation measures
that have been completed with respect to the project,
project operation, or permitted activity; and
(D) the status of monitoring of the mitigation
measures carried out with respect to the project,
project operation, or permitted activity.
(2) Requirements.--The recordkeeping system under paragraph
(1) shall--
(A) include information relating to the impacts and
mitigation measures relating to projects described in
paragraph (1) that occur after November 17, 1986; and
(B) be organized by watershed, project, permit
application, and zip code.
(3) Availability of information.--The Secretary shall make
information contained in the recordkeeping system available to
the public on the Internet.

SEC. 2009. STATE TECHNICAL ASSISTANCE.

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

``SEC. 22. PLANNING ASSISTANCE TO STATES.

``(a) Federal-State Cooperation.--
``(1) Comprehensive plans.--The Secretary'';
(2) in subsection (a), by adding at the end the following:
``(2) Technical assistance.--
``(A) In general.--At the request of a governmental
agency or non-Federal interest, the Secretary may
provide, at Federal expense, technical assistance to
the agency or non-Federal interest in managing water
resources.
``(B) Types of assistance.--Technical assistance
under this paragraph may include provision and
integration of hydrologic, economic, and environmental
data and analyses.'';
(3) in subsection (b)(1), by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(4) in subsection (b)(2), by striking ``up to \1/2\ of
the'' and inserting ``the'';
(5) in subsection (c)--
(A) by striking ``(c) There is'' and inserting the
following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(B) in paragraph (1) (as designated by subparagraph
(A)), by striking ``the provisions of this section
except that not more than $500,000 shall be expended in
any one year in any one State.'' and inserting
``subsection (a)(1).''; and
(C) by adding at the end the following:
``(2) Technical assistance.--There is authorized to be
appropriated to carry out subsection (a)(2) $10,000,000 for
each fiscal year, of which not more than $2,000,000 for each
fiscal year may be used by the Secretary to enter into
cooperative agreements with nonprofit organizations and State
agencies to provide assistance to rural and small
communities.''; and
(6) by adding at the end the following:
``(e) Annual Submission.--For each fiscal year, based on
performance criteria developed by the Secretary, the Secretary shall
list in the annual civil works budget submitted to Congress the
individual activities proposed for funding under subsection (a)(1) for
the fiscal year.''.

SEC. 2010. ACCESS TO WATER RESOURCE DATA.

(a) In General.--The Secretary, acting through the Chief of
Engineers, shall carry out a program to provide public access to water
resource and related water quality data in the custody of the Corps of
Engineers.
(b) Data.--Public access under subsection (a) shall--
(1) include, at a minimum, access to data generated in
water resource project development and regulation under section
404 of the Federal Water Pollution Control Act (33 U.S.C.
1344); and
(2) appropriately employ geographic information system
technology and linkages to water resource models and analytical
techniques.
(c) Partnerships.--To the maximum extent practicable, in carrying
out activities under this section, the Secretary shall develop
partnerships, including cooperative agreements with State, tribal, and
local governments and other Federal agencies.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each fiscal year.

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

(a) In General.--Section 211(e)(6) of the Water Resources
Development Act of 1996 (33 U.S.C. 701b-13(e)(6)) is amended by adding
at the end following:
``(E) Budget priority.--
``(i) In general.--Budget priority for
projects under this section shall be
proportionate to the percentage of project
completion.
``(ii) Completed project.--A completed
project shall have the same priority as a
project with a contractor on site.''.
(b) Construction of Flood Control Projects by Non-Federal
Interests.--Section 211(f) of the Water Resources Development Act of
1996 (33 U.S.C. 701b-13) is amended by adding at the end the following:
``(9) Thornton reservoir, cook county, illinois.--An
element of the project for flood control, Chicagoland Underflow
Plan, Illinois.
``(10) St. paul downtown airport (holman field), st. paul,
minnesota.--The project for flood damage reduction, St. Paul
Downtown Holman Field), St. Paul, Minnesota.
``(11) Buffalo bayou, texas.--The project for flood
control, Buffalo Bayou, Texas, authorized by the first section
of the Act of June 20, 1938 (52 Stat. 804, chapter 535)
(commonly known as the `River and Harbor Act of 1938') and
modified by section 3a of the Act of August 11, 1939 (53 Stat.
1414, chapter 699) (commonly known as the `Flood Control Act of
1939'), except that, subject to the approval of the Secretary
as provided by this section, the non-Federal interest may
design and construct an alternative to such project.
``(12) Halls bayou, texas.--The Halls Bayou element of the
project for flood control, Buffalo Bayou and tributaries,
Texas, authorized by section 101(a)(21) of the Water Resources
Development Act of 1990 (33 U.S.C. 2201 note), except that,
subject to the approval of the Secretary as provided by this
section, the non-Federal interest may design and construct an
alternative to such project.
``(13) Menomonee river watershed, wisconsin.--The project
for the Menominee River Watershed, Wisconsin.''.

SEC. 2012. REGIONAL SEDIMENT MANAGEMENT.

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

``SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

``(a) In General.--In connection with sediment obtained through the
construction, operation, or maintenance of an authorized Federal water
resources project, the Secretary, acting through the Chief of
Engineers, shall develop Regional Sediment Management plans and carry
out projects at locations identified in the plan prepared under
subsection (e), or identified jointly by the non-Federal interest and
the Secretary, for use in the construction, repair, modification, or
rehabilitation of projects associated with Federal water resources
projects, for--
``(1) the protection of property;
``(2) the protection, restoration, and creation of aquatic
and ecologically related habitats, including wetlands; and
``(3) the transport and placement of suitable sediment
``(b) Secretarial Findings.--Subject to subsection (c), projects
carried out under subsection (a) may be carried out in any case in
which the Secretary finds that--
``(1) the environmental, economic, and social benefits of
the project, both monetary and nonmonetary, justify the cost of
the project; and
``(2) the project would not result in environmental
degradation.
``(c) Determination of Planning and Project Costs.--
``(1) In general.--In consultation and cooperation with the
appropriate Federal, State, regional, and local agencies, the
Secretary, acting through the Chief of Engineers, shall develop
at Federal expense plans and projects for regional management
of sediment obtained in conjunction with construction,
operation, and maintenance of Federal water resources projects.
``(2) Costs of construction.--
``(A) In general.--Costs associated with
construction of a project under this section or
identified in a Regional Sediment Management plan shall
be limited solely to construction costs that are in
excess of those costs necessary to carry out the
dredging for construction, operation, or maintenance of
an authorized Federal water resources project in the
most cost-effective way, consistent with economic,
engineering, and environmental criteria.
``(B) Cost sharing.--The determination of any non-
Federal share of the construction cost shall be based
on the cost sharing as specified in subsections (a)
through (d) of section 103 of the Water Resources
Development Act of 1986 (33 U.S.C. 2213), for the type
of Federal water resource project using the dredged
resource.
``(C) Total cost.--Total Federal costs associated
with construction of a project under this section shall
not exceed $5,000,000 without Congressional approval.
``(3) Operation, maintenance, replacement, and
rehabilitation costs.--Operation, maintenance, replacement, and
rehabilitation costs associated with a project are a non-
Federal sponsor responsibility.
``(d) Selection of Sediment Disposal Method for Environmental
Purposes.--
``(1) In general.--In developing and carrying out a Federal
water resources project involving the disposal of material, the
Secretary may select, with the consent of the non-Federal
interest, a disposal method that is not the least-cost option
if the Secretary determines that the incremental costs of the
disposal method are reasonable in relation to the environmental
benefits, including the benefits to the aquatic environment to
be derived from the creation of wetlands and control of
shoreline erosion.
``(2) Federal share.--The Federal share of such incremental
costs shall be determined in accordance with subsection (c).
``(e) State and Regional Plans.--The Secretary, acting through the
Chief of Engineers, may--
``(1) cooperate with any State in the preparation of a
comprehensive State or regional coastal sediment management
plan within the boundaries of the State;
``(2) encourage State participation in the implementation
of the plan; and
``(3) submit to Congress reports and recommendations with
respect to appropriate Federal participation in carrying out
the plan.
``(f) Priority Areas.--In carrying out this section, the Secretary
shall give priority to regional sediment management projects in the
vicinity of--
``(1) Fire Island Inlet, Suffolk County, New York;
``(2) Fletcher Cove, California;
``(3) Delaware River Estuary, New Jersey and Pennsylvania;
and
``(4) Toledo Harbor, Lucas County, Ohio.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000 during each fiscal
year, to remain available until expended, for the Federal costs
identified under subsection (c), of which up to $5,000,000 shall be
used for the development of regional sediment management plans as
provided in subsection (e).
``(h) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity, with the consent of the affected local government.''.
(b) Repeal.--
(1) In general.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is repealed.
(2) Existing projects.--The Secretary, acting through the
Chief of Engineers, may complete any project being carried out
under section 145 on the day before the date of enactment of
this Act.

SEC. 2013. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT PROGRAM.

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

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

``(a) Construction of Small Shore and Beach Restoration and
Protection Projects.--
``(1) In general.--The Secretary may carry out construction
of small shore and beach restoration and protection projects
not specifically authorized by Congress that otherwise comply
with the first section of this Act if the Secretary determines
that such construction is advisable.
``(2) Local cooperation.--The local cooperation requirement
under the first section of this Act shall apply to a project
under this section.
``(3) Completeness.--A project under this section--
``(A) shall be complete; and
``(B) shall not commit the United States to any
additional improvement to ensure the successful
operation of the project, except for participation in
periodic beach nourishment in accordance with--
``(i) the first section of this Act; and
``(ii) the procedure for projects
authorized after submission of a survey report.
``(b) National Shoreline Erosion Control Development and
Demonstration Program.--
``(1) In general.--The Secretary, acting through the Chief
of Engineers, shall conduct a national shoreline erosion
control development and demonstration program (referred to in
this section as the `program').
``(2) Requirements.--
``(A) In general.--The program shall include
provisions for--
``(i) projects consisting of planning,
design, construction, and adequate monitoring
of prototype engineered and native and
naturalized vegetative shoreline erosion
control devices and methods;
``(ii) detailed engineering and
environmental reports on the results of each
project carried out under the program; and
``(iii) technology transfers, as
appropriate, to private property owners, State
and local entities, nonprofit educational
institutions, and nongovernmental
organizations.
``(B) Determination of feasibility.--A project
under this section shall not be carried out until the
Secretary, acting through the Chief of Engineers,
determines that the project is feasible.
``(C) Emphasis.--A project carried out under the
program shall emphasize, to the maximum extent
practicable--
``(i) the development and demonstration of
innovative technologies;
``(ii) efficient designs to prevent erosion
at a shoreline site, taking into account the
lifecycle cost of the design, including
cleanup, maintenance, and amortization;
``(iii) new and enhanced shore protection
project design and project formulation tools
the purposes of which are to improve the
physical performance, and lower the lifecycle
costs, of the projects;
``(iv) natural designs, including the use
of native and naturalized vegetation or
temporary structures that minimize permanent
structural alterations to the shoreline;
``(v) the avoidance of negative impacts to
adjacent shorefront communities;
``(vi) the potential for long-term
protection afforded by the technology; and
``(vii) recommendations developed from
evaluations of the program established under
the Shoreline Erosion Control Demonstration Act
of 1974 (42 U.S.C. 1962-5 note; 88 Stat. 26),
including--
``(I) adequate consideration of the
subgrade;
``(II) proper filtration;
``(III) durable components;
``(IV) adequate connection between
units; and
``(V) consideration of additional
relevant information.
``(D) Sites.--
``(i) In general.--Each project under the
program shall be carried out at--
``(I) a privately owned site with
substantial public access; or
``(II) a publicly owned site on
open coast or in tidal waters.
``(ii) Selection.--The Secretary, acting
through the Chief of Engineers, shall develop
criteria for the selection of sites for
projects under the program, including criteria
based on--
``(I) a variety of geographic and
climatic conditions;
``(II) the size of the population
that is dependent on the beaches for
recreation or the protection of private
property or public infrastructure;
``(III) the rate of erosion;
``(IV) significant natural
resources or habitats and
environmentally sensitive areas; and
``(V) significant threatened
historic structures or landmarks.
``(3) Consultation.--The Secretary, acting through the
Chief of Engineers, shall carry out the program in consultation
with--
``(A) the Secretary of Agriculture, particularly
with respect to native and naturalized vegetative means
of preventing and controlling shoreline erosion;
``(B) Federal, State, and local agencies;
``(C) private organizations;
``(D) the Coastal Engineering Research Center
established by the first section of Public Law 88-172
(33 U.S.C. 426-1); and
``(E) applicable university research facilities.
``(4) Completion of demonstration.--After carrying out the
initial construction and evaluation of the performance and
lifecycle cost of a demonstration project under this section,
the Secretary, acting through the Chief of Engineers, may--
``(A) at the request of a non-Federal interest of
the project, amend the agreement for a federally-
authorized shore protection project in existence on the
date on which initial construction of the demonstration
project is complete to incorporate the demonstration
project as a feature of the shore protection project,
with the future cost of the demonstration project to be
determined by the cost-sharing ratio of the shore
protection project; or
``(B) transfer all interest in and responsibility
for the completed demonstration project to the non-
Federal or other Federal agency interest of the
project.
``(5) Agreements.--The Secretary, acting through the Chief
of Engineers, may enter into an agreement with the non-Federal
or other Federal agency interest of a project under this
section--
``(A) to share the costs of construction,
operation, maintenance, and monitoring of a project
under the program;
``(B) to share the costs of removing a project or
project element constructed under the program, if the
Secretary determines that the project or project
element is detrimental to private property, public
infrastructure, or public safety; or
``(C) to specify ownership of a completed project
that the Chief of Engineers determines will not be part
of a Corps of Engineers project.
``(6) Report.--Not later than December 31 of each year
beginning after the date of enactment of this paragraph, the
Secretary shall prepare and submit to the Committee on
Environment and Public works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report describing--
``(A) the activities carried out and
accomplishments made under the program during the
preceding year; and
``(B) any recommendations of the Secretary relating
to the program.
``(c) Authorization of Appropriations.--
``(1) In general.--Subject to paragraph (2), the Secretary
may expend, from any appropriations made available to the
Secretary for the purpose of carrying out civil works, not more
than $30,000,000 during any fiscal year to pay the Federal
share of the costs of construction of small shore and beach
restoration and protection projects or small projects under the
program.
``(2) Limitation.--The total amount expended for a project
under this section shall--
``(A) be sufficient to pay the cost of Federal
participation in the project (including periodic
nourishment as provided for under the first section of
this Act), as determined by the Secretary; and
``(B) be not more than $3,000,000.''.
(b) Repeal.--Section 5 the Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of publicly
owned property'', approved August 13, 1946 (33 U.S.C. 426e et seq.; 110
Stat. 3700) is repealed.

SEC. 2014. SHORE PROTECTION PROJECTS.

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

SEC. 2015. COST SHARING FOR MONITORING.

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

SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.

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

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

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

SEC. 2018. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.

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

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

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

SEC. 2020. FEDERAL HOPPER DREDGES.

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. NATIONAL DAM SAFETY PROGRAM REAUTHORIZATION.

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

SEC. 2027. EXTENSION OF SHORE PROTECTION PROJECTS.

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

Subtitle B--Continuing Authorities Projects

SEC. 2031. NAVIGATION ENHANCEMENTS FOR WATERBOURNE TRANSPORTATION.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) In General.--The Secretary may carry out an estuary habitat
restoration project if the Secretary determines that the project--
(1) will improve the elements and features of an estuary
(as defined in section 103 of the Estuaries and Clean Waters
Act of 2000 (33 U.S.C. 2902));
(2) is in the public interest; and
(3) is cost-effective.
(b) Cost Sharing.--The non-Federal share of the cost of
construction of any project under this section--
(1) shall be 35 percent; and
(2) shall include the costs of all land, easements, rights-
of-way, and necessary relocations.
(c) Agreements.--Construction of a project under this section shall
commence only after a non-Federal interest has entered into a binding
agreement with the Secretary to pay--
(1) the non-Federal share of the costs of construction
required under subsection (b); and
(2) in accordance with regulations promulgated by the
Secretary, 100 percent of the costs of any operation,
maintenance, replacement, or rehabilitation of the project.
(d) Limitation.--Not more than $5,000,000 in Federal funds may be
allocated under this section for a project at any 1 location.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $25,000,000 for each fiscal year
beginning after the date of enactment of this Act.

SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.

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

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

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

SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.

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

SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.

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

SEC. 2040. PROGRAM NAMES.

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

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

``The''.

Subtitle C--National Levee Safety Program

SEC. 2051. SHORT TITLE.

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

SEC. 2052. DEFINITIONS.

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

SEC. 2053. NATIONAL LEVEE SAFETY COMMITTEE.

(a) Establishment.--
(1) In general.--The Secretary shall establish a National
Levee Safety Committee, consisting of representatives of
Federal agencies and State, tribal, and local governments, in
accordance with this subsection.
(2) Federal agencies.--
(A) In general.--The head of each Federal agency
and the head of the International Boundary Waters
Commission may designate a representative to serve on
the Committee.
(B) Action by secretary.--The Secretary shall
ensure, to the maximum extent practicable, that--
(i) each Federal agency that designs, owns,
operates, or maintains a levee is represented
on the Committee; and
(ii) each Federal agency that has
responsibility for emergency preparedness or
response activities is represented on the
Committee.
(3) Tribal, state, and local governments.--
(A) In general.--The Secretary shall appoint 8
members to the Committee--
(i) 3 of whom shall represent tribal
governments affected by levees, based on
recommendations of tribal governments;
(ii) 3 of whom shall represent State levee
safety agencies, based on recommendations of
Governors of the States; and
(iii) 2 of whom shall represent local
governments, based on recommendations of
Governors of the States.
(B) Requirement.--In appointing members under
subparagraph (A), the Secretary shall ensure broad
geographic representation, to the maximum extent
practicable.
(4) Chairperson.--The Secretary shall serve as Chairperson
of the Committee.
(5) Other members.--The Secretary, in consultation with the
Committee, may invite to participate in meetings of the
Committee, as appropriate, 1 or more of the following:
(A) Representatives of the National Laboratories.
(B) Levee safety experts.
(C) Environmental organizations.
(D) Members of private industry.
(E) Any other individual or entity, as the
Committee determines to be appropriate.
(b) Duties.--
(1) In general.--The Committee shall--
(A) advise the Secretary in implementing the
national levee safety program under section 2054;
(B) support the establishment and maintenance of
effective programs, policies, and guidelines to enhance
levee safety for the protection of human life and
property throughout the United States; and
(C) support coordination and information exchange
between Federal agencies and State levee safety
agencies that share common problems and
responsibilities relating to levee safety, including
planning, design, construction, operation, emergency
action planning, inspections, maintenance, regulation
or licensing, technical or financial assistance,
research, and data management.
(c) Powers.--
(1) Information from federal agencies.--
(A) In general.--The Committee may secure directly
from a Federal agency such information as the Committee
considers to be necessary to carry out this section.
(B) Provision of information.--On request of the
Committee, the head of a Federal agency shall provide
the information to the Committee.
(2) Contracts.--The Committee may enter into any contract
the Committee determines to be necessary to carry out a duty of
the Committee.
(d) Working Groups.--
(1) In general.--The Secretary may establish working groups
to assist the Committee in carrying out this section.
(2) Membership.--A working group under paragraph (1) shall
be composed of--
(A) members of the Committee; and
(B) any other individual, as the Secretary
determines to be appropriate.
(e) Compensation of Members.--
(1) Federal employees.--A member of the Committee who is an
officer or employee of the United States shall serve without
compensation in addition to compensation received for the
services of the member as an officer or employee of the United
States.
(2) Other members.--A member of the Committee who is not an
officer or employee of the United States shall serve without
compensation.
(f) Travel Expenses.--
(1) Representatives of federal agencies.--To the extent
amounts are made available in advance in appropriations Acts, a
member of the Committee who represents a Federal agency shall
be reimbursed with appropriations for travel expenses by the
agency of the member, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from home or regular place of business of the
member in the performance of services for the Committee.
(2) Other individuals.--To the extent amounts are made
available in advance in appropriations Acts, a member of the
Committee who represents a State levee safety agency, a member
of the Committee who represents the private sector, and a
member of a working group created under subsection (d) shall be
reimbursed for travel expenses by the Secretary, including per
diem in lieu of subsistence, at rates authorized for an
employee of an agency under subchapter 1 of chapter 57 of title
5, United States Code, while away from home or regular place of
business of the member in performance of services for the
Committee.
(g) Nonapplicability of FACA.--The Federal Advisory Committee Act
(5 U.S.C. App.) shall not apply to the Committee.

SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.

(a) In General.--The Secretary, in consultation with the Committee
and State levee safety agencies, shall establish and maintain a
national levee safety program.
(b) Purposes.--The purposes of the program under this section are--
(1) to ensure that new and existing levees are safe through
the development of technologically and economically feasible
programs and procedures for hazard reduction relating to
levees;
(2) to encourage appropriate engineering policies and
procedures to be used for levee site investigation, design,
construction, operation and maintenance, and emergency
preparedness;
(3) to encourage the establishment and implementation of
effective levee safety programs in each State;
(4) to develop and support public education and awareness
projects to increase public acceptance and support of State
levee safety programs;
(5) to develop technical assistance materials for Federal
and State levee safety programs;
(6) to develop methods of providing technical assistance
relating to levee safety to non-Federal entities; and
(7) to develop technical assistance materials, seminars,
and guidelines to improve the security of levees in the United
States.
(c) Strategic Plan.--In carrying out the program under this
section, the Secretary, in coordination with the Committee, shall
prepare a strategic plan--
(1) to establish goals, priorities, and target dates to
improve the safety of levees in the United States;
(2) to cooperate and coordinate with, and provide
assistance to, State levee safety agencies, to the maximum
extent practicable;
(3) to share information among Federal agencies, State and
local governments, and private entities relating to levee
safety; and
(4) to provide information to the public relating to risks
associated with levee failure or overtopping.
(d) Federal Guidelines.--
(1) In general.--In carrying out the program under this
section, the Secretary, in coordination with the Committee,
shall establish Federal guidelines relating to levee safety.
(2) Incorporation of federal activities.--The Federal
guidelines under paragraph (1) shall incorporate, to the
maximum extent practicable, any activity carried out by a
Federal agency as of the date on which the guidelines are
established.
(e) Incorporation of Existing Activities.--The program under this
section shall incorporate, to the maximum extent practicable--
(1) any activity carried out by a State or local
government, or a private entity, relating to the construction,
operation, or maintenance of a levee; and
(2) any activity carried out by a Federal agency to support
an effort by a State levee safety agency to develop and
implement an effective levee safety program.
(f) Inventory of Levees.--The Secretary shall develop, maintain,
and periodically publish an inventory of levees in the United States,
including the results of any levee assessment conducted under this
section and inspection.
(g) Assessments of Levees.--
(1) In general.--Except as provided in paragraph (2), as
soon as practicable after the date of enactment of this Act,
the Secretary shall conduct an assessment of each levee in the
United States that protects human life or the public safety to
determine the potential for a failure or overtopping of the
levee that would pose a risk of loss of human life or a risk to
the public safety.
(2) Exception.--The Secretary may exclude from assessment
under paragraph (1) any non-Federal levee the failure or
overtopping of which would not pose a risk of loss of human
life or a risk to the public safety.
(3) Prioritization.--In determining the order in which to
assess levees under paragraph (1), the Secretary shall give
priority to levees the failure or overtopping of which would
constitute the highest risk of loss of human life or a risk to
the public safety, as determined by the Secretary.
(4) Determination.--In assessing levees under paragraph
(1), the Secretary shall take into consideration the potential
of a levee to fail or overtop because of--
(A) hydrologic or hydraulic conditions;
(B) storm surges;
(C) geotechnical conditions;
(D) inadequate operating procedures;
(E) structural, mechanical, or design deficiencies;
or
(F) other conditions that exist or may occur in the
vicinity of the levee.
(5) State participation.--On request of a State levee
safety agency, with respect to any levee the failure of which
would affect the State, the Secretary shall--
(A) provide information to the State levee safety
agency relating to the construction, operation, and
maintenance of the levee; and
(B) allow an official of the State levee safety
agency to participate in the assessment of the levee.
(6) Report.--As soon as practicable after the date on which
a levee is assessed under this section, the Secretary shall
provide to the Governor of the State in which the levee is
located a notice describing the results of the assessment,
including--
(A) a description of the results of the assessment
under this subsection;
(B) a description of any hazardous condition
discovered during the assessment; and
(C) on request of the Governor, information
relating to any remedial measure necessary to mitigate
or avoid any hazardous condition discovered during the
assessment.
(7) Subsequent assessments.--
(A) In general.--After the date on which a levee is
initially assessed under this subsection, the Secretary
shall conduct a subsequent assessment of the levee not
less frequently than once every 5 years.
(B) State assessment of non-federal levees.--
(i) In general.--Each State shall conduct
assessments of non-Federal levees located
within the State in accordance with the
applicable State levee safety program.
(ii) Availability of information.--Each
State shall make the results of the assessments
under clause (i) available for inclusion in the
national inventory under subsection (f).
(iii) Non-federal levees.--
(I) In general.--On request of the
Governor of a State, the Secretary may
assess a non-Federal levee in the
State.
(II) Cost.--The State shall pay 100
percent of the cost of an assessment
under subclause (I).
(III) Funding.--The Secretary may
accept funds from any levee owner for
the purposes of conducting engineering
assessments to determine the
performance and structural integrity of
a levee.
(h) State Levee Safety Programs.--
(1) Assistance to states.--In carrying out the program
under this section, the Secretary shall provide funds to State
levee safety agencies (or another appropriate State agency, as
designated by the Governor of the State) to assist States in
establishing, maintaining, and improving levee safety programs.
(2) Application.--
(A) In general.--To receive funds under this
subsection, a State levee safety agency shall submit to
the Secretary an application in such time, in such
manner, and containing such information as the
Secretary may require.
(B) Inclusion.--An application under subparagraph
(A) shall include an agreement between the State levee
safety agency and the Secretary under which the State
levee safety agency shall, in accordance with State
law--
(i) review and approve plans and
specifications to construct, enlarge, modify,
remove, or abandon a levee in the State;
(ii) perform periodic evaluations during
levee construction to ensure compliance with
the approved plans and specifications;
(iii) approve the construction of a levee
in the State before the date on which the levee
becomes operational;
(iv) assess, at least once every 5 years,
all levees and reservoirs in the State the
failure of which would cause a significant risk
of loss of human life or risk to the public
safety to determine whether the levees and
reservoirs are safe;
(v) establish a procedure for more detailed
and frequent safety evaluations;
(vi) ensure that assessments are led by a
State-registered professional engineer with
related experience in levee design and
construction;
(vii) issue notices, if necessary, to
require owners of levees to perform necessary
maintenance or remedial work, improve security,
revise operating procedures, or take other
actions, including breaching levees;
(viii) contribute funds to--
(I) ensure timely repairs or other
changes to, or removal of, a levee in
order to reduce the risk of loss of
human life and the risk to public
safety; and
(II) if the owner of a levee does
not take an action described in
subclause (I), take appropriate action
as expeditiously as practicable;
(ix) establish a system of emergency
procedures and emergency response plans to be
used if a levee fails or if the failure of a
levee is imminent;
(x) identify--
(I) each levee the failure of which
could be reasonably expected to
endanger human life;
(II) the maximum area that could be
flooded if a levee failed; and
(III) necessary public facilities
that would be affected by the flooding;
and
(xi) for the period during which the funds
are provided, maintain or exceed the aggregate
expenditures of the State during the 2 fiscal
years preceding the fiscal year during which
the funds are provided to ensure levee safety.
(3) Determination of secretary.--
(A) In general.--Not later than 120 days after the
date on which the Secretary receives an application
under paragraph (2), the Secretary shall approve or
disapprove the application.
(B) Notice of disapproval.--If the Secretary
disapproves an application under subparagraph (A), the
Secretary shall immediately provide to the State levee
safety agency a written notice of the disapproval,
including a description of--
(i) the reasons for the disapproval; and
(ii) changes necessary for approval of the
application, if any.
(C) Failure to determine.--If the Secretary fails
to make a determination by the deadline under
subparagraph (A), the application shall be considered
to be approved.
(4) Review of state levee safety programs.--
(A) In general.--The Secretary, in conjunction with
the Committee, may periodically review any program
carried out using funds under this subsection.
(B) Inadequate programs.--If the Secretary
determines under a review under subparagraph (A) that a
program is inadequate to reasonably protect human life
and property, the Secretary shall, until the Secretary
determines the program to be adequate--
(i) revoke the approval of the program; and
(ii) withhold assistance under this
subsection.
(i) Reporting.--Not later than 90 days after the end of each odd-
numbered fiscal year, the Secretary, in consultation with the
Committee, shall submit to Congress a report describing--
(1) the status of the program under this section;
(2) the progress made by Federal agencies during the 2
preceding fiscal years in implementing Federal guidelines for
levee safety;
(3) the progress made by State levee safety agencies
participating in the program; and
(4) recommendations for legislative or other action that
the Secretary considers to be necessary, if any.
(j) Research.--The Secretary, in coordination with the Committee,
shall carry out a program of technical and archival research to develop
and support--
(1) improved techniques, historical experience, and
equipment for rapid and effective levee construction,
rehabilitation, and assessment or inspection;
(2) the development of devices for the continued monitoring
of levee safety;
(3) the development and maintenance of information
resources systems required to manage levee safety projects; and
(4) public policy initiatives and other improvements
relating to levee safety engineering, security, and management.
(k) Participation by State Levee Safety Agencies.--In carrying out
the levee safety program under this section, the Secretary shall--
(1) solicit participation from State levee safety agencies;
and
(2) periodically update State levee safety agencies and
Congress on the status of the program.
(l) Levee Safety Training.--The Secretary, in consultation with the
Committee, shall establish a program under which the Secretary shall
provide training for State levee safety agency staff and inspectors to
a State that has, or intends to develop, a State levee safety program,
on request of the State.
(m) Effect of Subtitle.--Nothing in this subtitle--
(1) creates any Federal liability relating to the recovery
of a levee caused by an action or failure to act;
(2) relieves an owner or operator of a levee of any legal
duty, obligation, or liability relating to the ownership or
operation of the levee; or
(3) except as provided in subsection (g)(7)(B)(iii)(III),
preempts any applicable Federal or State law.

SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.

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

TITLE III--PROJECT-RELATED PROVISIONS

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

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

SEC. 3002. SITKA, ALASKA.

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

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

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

SEC. 3004. RIO DE FLAG, FLAGSTAFF, ARIZONA.

The project for flood damage reduction, Rio De Flag, Flagstaff,
Arizona, authorized by section 101(b)(3) of the Water Resources
Development Act of 2000 (114 Stat. 2576), is modified to authorize the
Secretary to construct the project at a total cost of $54,100,000, with
an estimated Federal cost of $35,000,000 and a non-Federal cost of
$19,100,000.

SEC. 3005. AUGUSTA AND CLARENDON, ARKANSAS.

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

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

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

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

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

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

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

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

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

SEC. 3010. CACHE CREEK BASIN, CALIFORNIA.

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

SEC. 3011. CALFED LEVEE STABILITY PROGRAM, CALIFORNIA.

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

SEC. 3012. HAMILTON AIRFIELD, CALIFORNIA.

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

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

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

SEC. 3014. LARKSPUR FERRY CHANNEL, CALIFORNIA.

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

SEC. 3015. LLAGAS CREEK, CALIFORNIA.

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

SEC. 3016. MAGPIE CREEK, CALIFORNIA.

(a) In General.--Subject to subsection (b), the project for Magpie
Creek, California, authorized by section 205 of the Flood Control Act
of 1948 (33 U.S.C. 701s), is modified to direct the Secretary to apply
the cost-sharing requirements applicable to nonstructural flood control
under section 103(b) of the Water Resources Development Act of 1986
(100 Stat. 4085) for the portion of the project consisting of land
acquisition to preserve and enhance existing floodwater storage.
(b) Crediting.--The crediting allowed under subsection (a) shall
not exceed the non-Federal share of the cost of the project.

SEC. 3017. PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA.

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

SEC. 3018. REDWOOD CITY NAVIGATION PROJECT, CALIFORNIA.

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

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

(a) Credit for Non-Federal Work.--
(1) In general.--The Secretary shall credit toward that
portion of the non-Federal share of the cost of any flood
damage reduction project authorized before the date of
enactment of this Act that is to be paid by the Sacramento Area
Flood Control Agency an amount equal to the Federal share of
the flood control project authorized by section 9159 of the
Department of Defense Appropriations Act, 1993 (106 Stat.
1944).
(2) Federal share.--In determining the Federal share of the
project authorized by section 9159(b) of that Act, the
Secretary shall include all audit verified costs for planning,
engineering, construction, acquisition of project land,
easements, rights-of-way, relocations, and environmental
mitigation for all project elements that the Secretary
determines to be cost-effective.
(3) Amount credited.--The amount credited shall be equal to
the Federal share determined under this section, reduced by the
total of all reimbursements paid to the non-Federal interests
for work under section 9159(b) of that Act before the date of
enactment of this Act.
(b) Folsom Dam.--Section 128(a) of the Energy and Water Development
Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2259), is
amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting the following:
``(1) In general.--The Secretary'';
(2) in the second sentence, by striking ``The Secretaries''
and inserting the following:
``(2) Technical reviews.--The Secretaries'';
(3) in the third sentence, by striking ``In developing''
and inserting the following:
``(3) Improvements.--
``(A) In general.--In developing'';
(4) in the fourth sentence, by striking ``In conducting''
and inserting the following:
``(B) Use of funds.--In conducting''; and
(5) by adding at the end the following:
``(4) Project alternative solutions study.--The
Secretaries, in cooperation with non-Federal agencies, are
directed to expedite their respective activities, including the
formulation of all necessary studies and decision documents, in
furtherance of the collaborative effort known as the `Project
Alternative Solutions Study', as well as planning, engineering,
and design, including preparation of plans and specifications,
of any features recommended for authorization by the Secretary
of the Army under paragraph (6).
``(5) Consolidation of technical reviews and design
activities.--The Secretary of the Army shall consolidate
technical reviews and design activities for--
``(A) the project for flood damage reduction
authorized by section 101(a)(6) of the Water Resources
Development Act of 1999 (113 Stat. 274); and
``(B) the project for flood damage reduction, dam
safety, and environmental restoration authorized by
sections 128 and 134 of the Energy and Water
Development Appropriations Act, 2004 (117 Stat. 1838,
1842).
``(6) Report.--The recommendations of the Secretary of the
Army, along with the views of the Secretary of the Interior and
relevant non-Federal agencies resulting from the activities
directed in paragraphs (4) and (5), shall be forwarded to the
Committee on Environment and Public Works of the Senate and the
Committee on Transportation and Infrastructure of the House of
Representatives by not later than June 30, 2007, and shall
provide status reports by not later than September 30, 2006,
and quarterly thereafter.
``(7) Effect.--Nothing in this section shall be deemed as
deauthorizing the full range of project features and parameters
of the projects listed in paragraph (5), nor shall it limit any
previous authorizations granted by Congress.''.

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

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

SEC. 3021. SALTON SEA RESTORATION, CALIFORNIA.

(a) Definitions.--In this section:
(1) Salton sea authority.--The term ``Salton Sea
Authority'' means the Joint Powers Authority established under
the laws of the State of California by a joint power agreement
signed on June 2, 1993.
(2) Salton sea science office.--The term ``Salton Sea
Science Office'' means the Office established by the United
States Geological Survey and currently located in La Quinta,
California.
(b) Pilot Projects.--
(1) In general.--The Secretary shall review the preferred
restoration concept plan approved by the Salton Sea Authority
to determine that the pilot projects are economically
justified, technically sound, environmentally acceptable, and
meet the objectives of the Salton Sea Reclamation Act (Public
Law 105-372). If the Secretary makes a positive determination,
the Secretary may enter into an agreement with the Salton Sea
Authority and, in consultation with the Salton Sea Science
Office, carry out the pilot project for improvement of the
environment in the Salton Sea, except that the Secretary shall
be a party to each contract for construction under this
subsection.
(2) Local participation.--In prioritizing pilot projects
under this section, the Secretary shall--
(A) consult with the Salton Sea Authority and the
Salton Sea Science Office; and
(B) consider the priorities of the Salton Sea
Authority.
(3) Cost sharing.--Before carrying out a pilot project
under this section, the Secretary shall enter into a written
agreement with the Salton Sea Authority that requires the non-
Federal interest to--
(A) pay 35 percent of the total costs of the pilot
project;
(B) acquire any land, easements, rights-of-way,
relocations, and dredged material disposal areas
necessary to carry out the pilot project; and
(C) hold the United States harmless from any claim
or damage that may arise from carrying out the pilot
project, except any claim or damage that may arise from
the negligence of the Federal Government or a
contractor of the Federal Government.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (b) $26,000,000, of which not more
than $5,000,000 may be used for any 1 pilot project under this section.

SEC. 3022. SANTA BARBARA STREAMS, LOWER MISSION CREEK, CALIFORNIA.

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

SEC. 3023. UPPER GUADALUPE RIVER, CALIFORNIA.

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

SEC. 3024. YUBA RIVER BASIN PROJECT, CALIFORNIA.

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

SEC. 3025. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR,
CONNECTICUT.

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

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

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

SEC. 3027. NORWALK HARBOR, CONNECTICUT.

(a) In General.--The portions of a 10-foot channel of the project
for navigation, Norwalk Harbor, Connecticut, authorized by the first
section of the Act of March 2, 1919 (40 Stat. 1276) and described in
subsection (b), are not authorized.
(b) Description of Portions.--The portions of the channel referred
to in subsection (a) are as follows:
(1) Rectangular portion.--An approximately rectangular-
shaped section along the northwesterly terminus of the channel.
The section is 35-feet wide and about 460-feet long and is
further described as commencing at a point N. 104,165.85, E.
417,662.71, thence running south 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. 3028. ST. GEORGE'S BRIDGE, DELAWARE.

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

SEC. 3029. CHRISTINA RIVER, WILMINGTON, DELAWARE.

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

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

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

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

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

SEC. 3032. BREVARD COUNTY, FLORIDA.

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

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

Section 528(b)(3)(C) of the Water Resources Development Act of 1996
(110 Stat. 3769) is amended--
(1) in clause (i), by striking ``$75,000,000'' and all that
follows and inserting ``$95,000,000.''; and
(2) by striking clause (ii) and inserting the following:
``(ii) Federal share.--
``(I) In general.--Except as
provided in subclause (II), the Federal
share of the cost of carrying out a
project under subparagraph (A) shall
not exceed $25,000,000.
``(II) Seminole water conservation
plan.--The Federal share of the cost of
carrying out the Seminole Water
Conservation Plan shall not exceed
$30,000,000.''.

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

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

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

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

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

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

SEC. 3037. TAMPA HARBOR, CUT B, TAMPA, FLORIDA.

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

SEC. 3038. ALLATOONA LAKE, GEORGIA.

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

SEC. 3039. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.

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

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

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

SEC. 3041. PORT OF LEWISTON, IDAHO.

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

SEC. 3042. CACHE RIVER LEVEE, ILLINOIS.

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

SEC. 3043. CHICAGO, ILLINOIS.

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

SEC. 3044. CHICAGO RIVER, ILLINOIS.

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

SEC. 3045. ILLINOIS RIVER BASIN RESTORATION.

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

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

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

SEC. 3047. SPUNKY BOTTOM, ILLINOIS.

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

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

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

SEC. 3049. MILFORD LAKE, MILFORD, KANSAS.

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

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

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

SEC. 3051. MCALPINE LOCK AND DAM, KENTUCKY AND INDIANA.

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

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

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

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

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

SEC. 3054. CALCASIEU RIVER AND PASS, LOUISIANA.

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

SEC. 3055. EAST BATON ROUGE PARISH, LOUISIANA.

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

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

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

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

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

SEC. 3058. CAMP ELLIS, SACO, MAINE.

The maximum amount of Federal funds that may be expended for the
project being carried out under section 111 of the River and Harbor Act
of 1968 (33 U.S.C. 426i) for the mitigation of shore damages
attributable to the project for navigation, Camp Ellis, Saco, Maine,
shall be $20,000,000.

SEC. 3059. UNION RIVER, MAINE.

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

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

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

SEC. 3061. CUMBERLAND, MARYLAND.

Section 580(a) of the Water Resources Development Act of 1999 (113
Stat. 375) is amended--
(1) by striking ``$15,000,000'' and inserting
``$25,750,000'';
(2) by striking ``$9,750,000'' and inserting
``$16,738,000''; and
(3) by striking ``$5,250,000'' and inserting
``$9,012,000''.

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

(a) Deauthorization.--The portion of the project for navigation,
Aunt Lydia's Cove, Massachusetts, authorized August 31, 1994, pursuant
to section 107 of the Act of July 14, 1960 (33 U.S.C. 577) (commonly
known as the ``River and Harbor Act of 1960''), consisting of the 8-
foot deep anchorage in the cove described in subsection (b) is
deauthorized.
(b) Description.--The portion of the project described in
subsection (a) is more particularly described as the portion beginning
at a point along the southern limit of the existing project, N.
254332.00, E. 1023103.96, thence running northwesterly about 761.60
feet to a point along the western limit of the existing project N.
255076.84, E. 1022945.07, thence running southwesterly about 38.11 feet
to a point N. 255038.99, E. 1022940.60, thence running southeasterly
about 267.07 feet to a point N. 254772.00, E. 1022947.00, thence
running southeasterly about 462.41 feet to a point N. 254320.06, E.
1023044.84, thence running northeasterly about 60.31 feet to the point
of origin.

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

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

SEC. 3064. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.

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

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

``(a) Definitions.--In this section:
``(1) Management plan.--The term `management plan' means
the management plan for the St. Clair River and Lake St. Clair,
Michigan, that is in effect as of the date of enactment of this
section.
``(2) Partnership.--The term `Partnership' means the
partnership established by the Secretary under subsection
(b)(1).
``(b) Partnership.--
``(1) In general.--The Secretary shall establish and lead a
partnership of appropriate Federal agencies (including the
Environmental Protection Agency) and the State of Michigan
(including political subdivisions of the State)--
``(A) to promote cooperation among the Federal
Government, State and local governments, and other
involved parties in the management of the St. Clair
River and Lake St. Clair watersheds; and
``(B) develop and implement projects consistent
with the management plan.
``(2) Coordination with actions under other law.--
``(A) In general.--Actions taken under this section
by the Partnership shall be coordinated with actions to
restore and conserve the St. Clair River and Lake St.
Clair and watersheds taken under other provisions of
Federal and State law.
``(B) No effect on other law.--Nothing in this
section alters, modifies, or affects any other
provision of Federal or State law.
``(c) Implementation of St. Clair River and Lake St. Clair
Management Plan.--
``(1) In general.--The Secretary shall--
``(A) develop a St. Clair River and Lake St. Clair
strategic implementation plan in accordance with the
management plan;
``(B) provide technical, planning, and engineering
assistance to non-Federal interests for developing and
implementing activities consistent with the management
plan;
``(C) plan, design, and implement projects
consistent with the management plan; and
``(D) provide, in coordination with the
Administrator of the Environmental Protection Agency,
financial and technical assistance, including grants,
to the State of Michigan (including political
subdivisions of the State) and interested nonprofit
entities for the planning, design, and implementation
of projects to restore, conserve, manage, and sustain
the St. Clair River, Lake St. Clair, and associated
watersheds.
``(2) Specific measures.--Financial and technical
assistance provided under subparagraphs (B) and (C) of
paragraph (1) may be used in support of non-Federal activities
consistent with the management plan.
``(d) Supplements to Management Plan and Strategic Implementation
Plan.--In consultation with the Partnership and after providing an
opportunity for public review and comment, the Secretary shall develop
information to supplement--
``(1) the management plan; and
``(2) the strategic implementation plan developed under
subsection (c)(1)(A).
``(e) Cost Sharing.--
``(1) Non-federal share.--The non-Federal share of the cost
of technical assistance, or the cost of planning, design,
construction, and evaluation of a project under subsection (c),
and the cost of development of supplementary information under
subsection (d)--
``(A) shall be 25 percent of the total cost of the
project or development; and
``(B) may be provided through the provision of in-
kind services.
``(2) Credit for land, easements, and rights-of-way.--The
Secretary shall credit the non-Federal sponsor for the value of
any land, easements, rights-of-way, dredged material disposal
areas, or relocations provided for use in carrying out a
project under subsection (c).
``(3) Nonprofit entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
Federal sponsor for any project carried out under this section
may include a nonprofit entity.
``(4) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
projects carried out under this section shall be non-Federal
responsibilities.
``(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.''.

SEC. 3065. DULUTH HARBOR, MINNESOTA.

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

SEC. 3066. RED LAKE RIVER, MINNESOTA.

The project for flood control, Red Lake River, Crookston,
Minnesota, authorized by section 101(a)(23) of the Water Resources
Development Act of 1999 (113 Stat. 278), is modified to include flood
protection for the adjacent and interconnected areas generally known as
the Sampson and Chase/Loring neighborhoods, in accordance with the
feasibility report supplement, local flood protection, Crookston,
Minnesota, at a total cost of $25,000,000, with an estimated Federal
cost of $16,250,000 and an estimated non-Federal cost of $8,750,000.

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

(a) In General.--The project for environmental enhancement,
Mississippi and Louisiana Estuarine Areas, Mississippi and Louisiana,
authorized by section 3(a)(8) of the Water Resources Development Act of
1988 (102 Stat. 4013) is modified to direct the Secretary to carry out
that portion of the project identified as the ``Bonnet Carre Freshwater
Diversion Project'', in accordance with this section.
(b) Non-Federal Financing Requirements.--
(1) Mississippi and louisiana.--
(A) In general.--The States of Mississippi and
Louisiana shall provide the funds needed during any
fiscal year for meeting the respective non-Federal cost
sharing requirements of each State for the Bonnet Carre
Freshwater Diversion Project during that fiscal year by
making deposits of the necessary funds into an escrow
account or into such other account as the Secretary
determines to be acceptable.
(B) Deadline.--Any deposits required under this
paragraph shall be made by the affected State by not
later than 30 days after receipt of notification from
the Secretary that the amounts are due.
(2) Failure to pay.--
(A) Louisiana.--In the case of deposits required to
be made by the State of Louisiana, the Secretary may
not award any new contract or proceed to the next phase
of any feature being carried out in the State of
Louisiana under section 1003 if the State of Louisiana
is not in compliance with paragraph (1).
(B) Mississippi.--In the case of deposits required
to be made by the State of Mississippi, the Secretary
may not award any new contract or proceed to the next
phase of any feature being carried out as a part of the
Bonnet Carre Freshwater Diversion Project if the State
of Mississippi is not in compliance with paragraph (1).
(3) Allocation.--The non-Federal share of project costs
shall be allocated between the States of Mississippi and
Louisiana as described in the report to Congress on the status
and potential options and enhancement of the Bonnet Carre
Freshwater Diversion Project dated December 1996.
(4) Effect.--The modification of the Bonnet Carre
Freshwater Diversion Project by this section shall not reduce
the percentage of the cost of the project that is required to
be paid by the Federal Government as determined on the date of
enactment of section 3(a)(8) of the Water Resources Development
Act of 1988 (102 Stat. 4013).
(c) Design Schedule.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall complete the design of the
Bonnet Carre Freshwater Diversion Project by not later than 1
year after the date of enactment of this Act.
(2) Missed deadline.--If the Secretary does not complete
the design of the project by the date described in paragraph
(1)--
(A) the Secretary shall assign such resources as
the Secretary determines to be available and necessary
to complete the design; and
(B) the authority of the Secretary to expend funds
for travel, official receptions, and official
representations shall be suspended until the design is
complete.
(d) Construction Schedule.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall complete construction of
the Bonnet Carre Freshwater Diversion Project by not later than
September 30, 2012.
(2) Missed deadline.--If the Secretary does not complete
the construction of the Bonnet Carre Freshwater Diversion
Project by the date described in paragraph (1)--
(A) the Secretary shall assign such resources as
the Secretary determines to be available and necessary
to complete the construction; and
(B) the authority of the Secretary to expend funds
for travel, official receptions, and official
representations shall be suspended until the
construction is complete.

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

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

SEC. 3069. L-15 LEVEE, MISSOURI.

The portion of the L-15 levee system that is under the jurisdiction
of the Consolidated North County Levee District and situated along the
right descending bank of the Mississippi River from the confluence of
that river with the Missouri River and running upstream approximately
14 miles shall be considered to be a Federal levee for purposes of cost
sharing under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n).

SEC. 3070. UNION LAKE, MISSOURI.

(a) In General.--The Secretary shall offer to convey to the State
of Missouri, before January 31, 2006, all right, title, and interest in
and to approximately 205.50 acres of land described in subsection (b)
purchased for the Union Lake Project that was deauthorized as of
January 1, 1990 (55 Fed. Reg. 40906), in accordance with section 1001
of the Water Resources Development Act of 1986 (33 U.S.C. 579a(a)).
(b) Land Description.--The land referred to in subsection (a) is
described as follows:
(1) Tract 500.--A tract of land situated in Franklin
County, Missouri, being part of the SW\1/4\ of sec. 7, and the
NW\1/4\ of the SW\1/4\ of sec. 8, T. 42 N., R. 2 W. of the
fifth principal meridian, consisting of approximately 112.50
acres.
(2) Tract 605.--A tract of land situated in Franklin
County, Missouri, being part of the N\1/2\ of the NE, and part
of the SE of the NE of sec. 18, T. 42 N., R. 2 W. of the fifth
principal meridian, consisting of approximately 93.00 acres.
(c) Conveyance.--On acceptance by the State of Missouri of the
offer by the Secretary under subsection (a), the land described in
subsection (b) shall immediately be conveyed, in its current condition,
by Secretary to the State of Missouri.

SEC. 3071. FORT PECK FISH HATCHERY, MONTANA.

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

SEC. 3072. LOWER YELLOWSTONE PROJECT, MONTANA.

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

SEC. 3073. YELLOWSTONE RIVER AND TRIBUTARIES, MONTANA AND NORTH DAKOTA.

(a) Definition of Restoration Project.--In this section, the term
``restoration project'' means a project that will produce, in
accordance with other Federal programs, projects, and activities,
substantial ecosystem restoration and related benefits, as determined
by the Secretary.
(b) Projects.--The Secretary shall carry out, in accordance with
other Federal programs, projects, and activities, restoration projects
in the watershed of the Yellowstone River and tributaries in Montana,
and in North Dakota, to produce immediate and substantial ecosystem
restoration and recreation benefits.
(c) Local Participation.--In carrying out subsection (b), the
Secretary shall--
(1) consult with, and consider the activities being carried
out by--
(A) other Federal agencies;
(B) Indian tribes;
(C) conservation districts; and
(D) the Yellowstone River Conservation District
Council; and
(2) seek the full participation of the State of Montana.
(d) Cost Sharing.--Before carrying out any restoration project
under this section, the Secretary shall enter into an agreement with
the non-Federal interest for the restoration project under which the
non-Federal interest shall agree--
(1) to provide 35 percent of the total cost of the
restoration project, including necessary land, easements,
rights-of-way, relocations, and disposal sites;
(2) to pay the non-Federal share of the cost of feasibility
studies and design during construction following execution of a
project cooperation agreement;
(3) to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs incurred after
the date of enactment of this Act that are associated with the
restoration project; and
(4) to hold the United States harmless for any claim of
damage that arises from the negligence of the Federal
Government or a contractor of the Federal Government in
carrying out the restoration project.
(e) Form of Non-Federal Share.--Not more than 50 percent of the
non-Federal share of the cost of a restoration project carried out
under this section may be provided in the form of in-kind credit for
work performed during construction of the restoration project.
(f) Non-Federal Interests.--Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), with the consent of the
applicable local government, a nonprofit entity may be a non-Federal
interest for a restoration project carried out under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000.

SEC. 3074. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NEVADA.

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

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

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

SEC. 3076. LONG ISLAND SOUND OYSTER RESTORATION, NEW YORK AND
CONNECTICUT.

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

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

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

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

Section 217 of the Water Resources Development Act of 1996 (33
U.S.C. 2326a) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Dredged Material Facility.--
``(1) In general.--The Secretary may enter into cost-
sharing agreements with 1 or more non-Federal public interests
with respect to a project, or group of projects within a
geographic region, if appropriate, for the acquisition, design,
construction, management, or operation of a dredged material
processing, treatment, contaminant reduction, or disposal
facility (including any facility used to demonstrate potential
beneficial uses of dredged material, which may include
effective sediment contaminant reduction technologies) using
funds provided in whole or in part by the Federal Government.
``(2) Performance.--One or more of the parties to the
agreement may perform the acquisition, design, construction,
management, or operation of a dredged material processing,
treatment, contaminant reduction, or disposal facility.
``(3) Multiple federal projects.--If appropriate, the
Secretary may combine portions of separate Federal projects
with appropriate combined cost-sharing between the various
projects, if the facility serves to manage dredged material
from multiple Federal projects located in the geographic region
of the facility.
``(4) Public financing.--
``(A) Agreements.--
``(i) Specified federal funding sources and
cost sharing.--The cost-sharing agreement used
shall clearly specify--
``(I) the Federal funding sources
and combined cost-sharing when
applicable to multiple Federal
navigation projects; and
``(II) the responsibilities and
risks of each of the parties related to
present and future dredged material
managed by the facility.
``(ii) Management of sediments.--
``(I) In general.--The cost-sharing
agreement may include the management of
sediments from the maintenance dredging
of Federal navigation projects that do
not have partnerships agreements.
``(II) Payments.--The cost-sharing
agreement may allow the non-Federal
interest to receive reimbursable
payments from the Federal Government
for commitments made by the non-Federal
interest for disposal or placement
capacity at dredged material treatment,
processing, contaminant reduction, or
disposal facilities.
``(iii) Credit.--The cost-sharing agreement
may allow costs incurred prior to execution of
a partnership agreement for construction or the
purchase of equipment or capacity for the
project to be credited according to existing
cost-sharing rules.
``(B) Credit.--
``(i) Effect on existing agreements.--
Nothing in this subsection supersedes or
modifies an agreement in effect on the date of
enactment of this paragraph between the Federal
Government and any other non-Federal interest
for the cost-sharing, construction, and
operation and maintenance of a Federal
navigation project.
``(ii) Credit for funds.--Subject to the
approval of the Secretary and in accordance
with law (including regulations and policies)
in effect on the date of enactment of this
paragraph, a non-Federal public interest of a
Federal navigation project may seek credit for
funds provided for the acquisition, design,
construction, management, or operation of a
dredged material processing, treatment, or
disposal facility to the extent the facility is
used to manage dredged material from the
Federal navigation project.
``(iii) Non-federal interest
responsibilities.--The non-Federal interest
shall--
``(I) be responsible for providing
all necessary land, easement rights-of-
way, or relocations associated with the
facility; and
``(II) receive credit for those
items.''; and
(3) in paragraphs (1) and (2)(A) of subsection (d) (as
redesignated by paragraph (1))--
(A) by inserting ``and maintenance'' after
``operation'' each place it appears; and
(B) by inserting ``processing, treatment, or''
after ``dredged material'' the first place it appears
in each of those paragraphs.

SEC. 3079. MISSOURI RIVER RESTORATION, NORTH DAKOTA.

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

SEC. 3080. LOWER GIRARD LAKE DAM, GIRARD, OHIO.

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

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

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

SEC. 3082. ARCADIA LAKE, OKLAHOMA.

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

SEC. 3083. LAKE EUFAULA, OKLAHOMA.

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

SEC. 3084. RELEASE OF RETAINED RIGHTS, INTERESTS, AND RESERVATIONS,
OKLAHOMA.

(a) Release of Retained Rights, Interests, and Reservations.--Each
reversionary interest and use restriction relating to public parks and
recreation on the land conveyed by the Secretary to the State of
Oklahoma at Lake Texoma pursuant to the Act entitled ``An Act to
authorize the sale of certain lands to the State of Oklahoma'' (67
Stat. 62, chapter 118) is terminated.
(b) Instrument of Release.--As soon as practicable after the date
of enactment of this Act, the Secretary shall execute and file in the
appropriate office a deed of release, an amended deed, or another
appropriate instrument to release each interest and use restriction
described in subsection (a).

SEC. 3085. OKLAHOMA LAKES DEMONSTRATION PROGRAM, OKLAHOMA.

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

SEC. 3086. WAURIKA LAKE, OKLAHOMA.

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

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

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

SEC. 3088. UPPER WILLAMETTE RIVER WATERSHED ECOSYSTEM RESTORATION.

(a) In General.--The Secretary shall conduct studies and ecosystem
restoration projects for the upper Willamette River watershed from
Albany, Oregon, to the headwaters of the Willamette River and
tributaries.
(b) Consultation.--The Secretary shall carry out ecosystem
restoration projects under this section for the Upper Willamette River
watershed in consultation with the Governor of the State of Oregon, the
heads of appropriate Indian tribes, the Environmental Protection
Agency, the United States Fish and Wildlife Service, the National
Marine Fisheries Service, the Bureau of Land Management, the Forest
Service, and local entities.
(c) Authorized Activities.--In carrying out ecosystem restoration
projects under this section, the Secretary shall undertake activities
necessary to protect, monitor, and restore fish and wildlife habitat.
(d) Cost Sharing Requirements.--
(1) Studies.--Studies conducted under this section shall be
subject to cost sharing in accordance with section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330).
(2) Ecosystem restoration projects.--
(A) In general.--Non-Federal interests shall pay 35
percent of the cost of any ecosystem restoration
project carried out under this section.
(B) Items provided by non-federal interests.--
(i) In general.--Non-Federal interests
shall provide all land, easements, rights-of-
way, dredged material disposal areas, and
relocations necessary for ecosystem restoration
projects to be carried out under this section.
(ii) Credit toward payment.--The value of
the land, easements, rights-of-way, dredged
material disposal areas, and relocations
provided under paragraph (1) shall be credited
toward the payment required under subsection
(a).
(C) In-kind contributions.--100 percent of the non-
Federal share required under subsection (a) may be
satisfied by the provision of in-kind contributions.
(3) Operations and maintenance.--Non-Federal interests
shall be responsible for all costs associated with operating,
maintaining, replacing, repairing, and rehabilitating all
projects carried out under this section.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.

SEC. 3089. TIOGA TOWNSHIP, PENNSYLVANIA.

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

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

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

SEC. 3091. NARRAGANSETT BAY, RHODE ISLAND.

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

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

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

SEC. 3093. MISSOURI RIVER RESTORATION, SOUTH DAKOTA.

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

SEC. 3094. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.

Section 514 of the Water Resources Development Act of 1999 (113
Stat. 343; 117 Stat. 142) is amended--
(1) by redesignating subsections (f) and (g) as subsections
(h) and (i), respectively;
(2) in subsection (h) (as redesignated by paragraph (1)),
by striking paragraph (1) and inserting the following:
``(1) Non-federal share.--
``(A) In general.--The non-Federal share of the
cost of projects may be provided--
``(i) in cash;
``(ii) by the provision of land, easements,
rights-of-way, relocations, or disposal areas;
``(iii) by in-kind services to implement
the project; or
``(iv) by any combination of the foregoing.
``(B) Private ownership.--Land needed for a project
under this authority may remain in private ownership
subject to easements that are--
``(i) satisfactory to the Secretary; and
``(ii) necessary to assure achievement of
the project purposes.'';
(3) in subsection (i) (as redesignated by paragraph (1)),
by striking ``for the period of fiscal years 2000 and 2001.''
and inserting ``per year, and that authority shall extend until
Federal fiscal year 2015.''; and
(4) by inserting after subsection (e) the following:
``(f) Nonprofit Entities.--Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project
undertaken under this section, a non-Federal interest may include a
regional or national nonprofit entity with the consent of the affected
local government.
``(g) Cost Limitation.--Not more than $5,000,000 in Federal funds
may be allotted under this section for a project at any single
locality.''

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

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

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

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

SEC. 3097. NONCONNAH WEIR, MEMPHIS, TENNESSEE.

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

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

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

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

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

SEC. 3100. CEDAR BAYOU, TEXAS.

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

SEC. 3101. DENISON, TEXAS.

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

SEC. 3102. FREEPORT HARBOR, TEXAS.

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

SEC. 3103. HARRIS COUNTY, TEXAS.

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

SEC. 3104. CONNECTICUT RIVER RESTORATION, VERMONT.

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

SEC. 3105. DAM REMEDIATION, VERMONT.

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

SEC. 3106. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER CHESTNUT, AND OTHER
NONNATIVE PLANT CONTROL, VERMONT.

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

SEC. 3107. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION, VERMONT
AND NEW HAMPSHIRE.

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

SEC. 3108. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM RESTORATION, VERMONT
AND NEW HAMPSHIRE.

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

SEC. 3109. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

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

SEC. 3110. CHESAPEAKE BAY OYSTER RESTORATION, VIRGINIA AND MARYLAND.

Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (4);
(2) in paragraph (1)--
(A) in the second sentence, by striking
``$20,000,000'' and inserting ``$50,000,000''; and
(B) in the third sentence, by striking ``Such
projects'' and inserting the following:
``(2) Inclusions.--Such projects'';
(3) by striking paragraph (2)(D) (as redesignated by
paragraph (2)(B)) and inserting the following:
``(D) the restoration and rehabilitation of habitat
for fish, including native oysters, in the Chesapeake
Bay and its tributaries in Virginia and Maryland,
including--
``(i) the construction of oyster bars and
reefs;
``(ii) the rehabilitation of existing
marginal habitat;
``(iii) the use of appropriate alternative
substrate material in oyster bar and reef
construction;
``(iv) the construction and upgrading of
oyster hatcheries; and
``(v) activities relating to increasing the
output of native oyster broodstock for seeding
and monitoring of restored sites to ensure
ecological success.
``(3) Restoration and rehabilitation activities.--The
restoration and rehabilitation activities described in
paragraph (2)(D) shall be--
``(A) for the purpose of establishing permanent
sanctuaries and harvest management areas; and
``(B) consistent with plans and strategies for
guiding the restoration of the Chesapeake Bay oyster
resource and fishery.''; and
(4) by adding at the end the following:
``(5) Definition of ecological success.--In this
subsection, the term `ecological success' means--
``(A) achieving a tenfold increase in native oyster
biomass by the year 2010, from a 1994 baseline; and
``(B) the establishment of a sustainable fishery as
determined by a broad scientific and economic
consensus.''.

SEC. 3111. TANGIER ISLAND SEAWALL, VIRGINIA.

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

SEC. 3112. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY, WASHINGTON.

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

SEC. 3113. LOWER GRANITE POOL, WASHINGTON.

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

SEC. 3114. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE,
WASHINGTON AND IDAHO.

(a) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the land acquired for the McNary Lock and Dam Project
and managed by the United States Fish and Wildlife Service under
Cooperative Agreement Number DACW68-4-00-13 with the Corps of
Engineers, Walla Walla District, is transferred from the Secretary to
the Secretary of the Interior.
(b) Easements.--The transfer of administrative jurisdiction under
subsection (a) shall be subject to easements in existence as of the
date of enactment of this Act on land subject to the transfer.
(c) Rights of Secretary.--
(1) In general.--Except as provided in paragraph (3), the
Secretary shall retain rights described in paragraph (2) with
respect to the land for which administrative jurisdiction is
transferred under subsection (a).
(2) Rights.--The rights of the Secretary referred to in
paragraph (1) are the rights--
(A) to flood land described in subsection (a) to
the standard project flood elevation;
(B) to manipulate the level of the McNary Project
Pool;
(C) to access such land described in subsection (a)
as may be required to install, maintain, and inspect
sediment ranges and carry out similar activities;
(D) to construct and develop wetland, riparian
habitat, or other environmental restoration features
authorized by section 1135 of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a) and section
206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330);
(E) to dredge and deposit fill materials; and
(F) to carry out management actions for the purpose
of reducing the take of juvenile salmonids by avian
colonies that inhabit, before, on, or after the date of
enactment of this Act, any island included in the land
described in subsection (a).
(3) Coordination.--Before exercising a right described in
any of subparagraphs (C) through (F) of paragraph (2), the
Secretary shall coordinate the exercise with the United States
Fish and Wildlife Service.
(d) Management.--
(1) In general.--The land described in subsection (a) shall
be managed by the Secretary of the Interior as part of the
McNary National Wildlife Refuge.
(2) Cummins property.--
(A) Retention of credits.--Habitat unit credits
described in the memorandum entitled ``Design
Memorandum No. 6, LOWER SNAKE RIVER FISH AND WILDLIFE
COMPENSATION PLAN, Wildlife Compensation and Fishing
Access Site Selection, Letter Supplement No. 15, SITE
DEVELOPMENT PLAN FOR THE WALLULA HMU'' provided for the
Lower Snake River Fish and Wildlife Compensation Plan
through development of the parcel of land formerly
known as the ``Cummins property'' shall be retained by
the Secretary despite any changes in management of the
parcel on or after the date of enactment of this Act.
(B) Site development plan.--The United States Fish
and Wildlife Service shall obtain prior approval of the
Washington State Department of Fish and Wildlife for
any change to the previously approved site development
plan for the parcel of land formerly known as the
``Cummins property''.
(3) Madame dorian recreation area.--The United States Fish
and Wildlife Service shall continue operation of the Madame
Dorian Recreation Area for public use and boater access.
(e) Administrative Costs.--The United States Fish and Wildlife
Service shall be responsible for all survey, environmental compliance,
and other administrative costs required to implement the transfer of
administrative jurisdiction under subsection (a).

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

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

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

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

SEC. 3117. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

The project for flood control at Milton, West Virginia, authorized
by section 580 of the Water Resources Development Act of 1996 (110
Stat. 3790), as modified by section 340 of the Water Resources
Development Act of 2000 (114 Stat. 2612), is modified to authorize the
Secretary to construct the project substantially in accordance with the
draft report of the Corps of Engineers dated May 2004, at an estimated
total cost of $45,500,000, with an estimated Federal cost of
$34,125,000 and an estimated non-Federal cost of $11,375,000.

SEC. 3118. MCDOWELL COUNTY, WEST VIRGINIA.

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

SEC. 3119. GREEN BAY HARBOR PROJECT, GREEN BAY, WISCONSIN.

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

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

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

SEC. 3121. OCONTO HARBOR, WISCONSIN.

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

SEC. 3122. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

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

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

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

SEC. 3124. PILOT PROGRAM, MIDDLE MISSISSIPPI RIVER.

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

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

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

SEC. 3126. UPPER BASIN OF MISSOURI RIVER.

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

SEC. 3127. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION PROGRAM.

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

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

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

SEC. 3129. GREAT LAKES TRIBUTARY MODELS.

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

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

(a) Definition of Upper Ohio River and Tributaries Navigation
System.--In this section, the term ``Upper Ohio River and Tributaries
Navigation System'' means the Allegheny, Kanawha, Monongahela, and Ohio
Rivers.
(b) Establishment.--
(1) In general.--The Secretary shall establish a pilot
program to evaluate new technologies applicable to the Upper
Ohio River and Tributaries Navigation System.
(2) Inclusions.--The program may include the design,
construction, or implementation of innovative technologies and
solutions for the Upper Ohio River and Tributaries Navigation
System, including projects for--
(A) improved navigation;
(B) environmental stewardship;
(C) increased navigation reliability; and
(D) reduced navigation costs.
(3) Purposes.--The purposes of the program shall be, with
respect to the Upper Ohio River and Tributaries Navigation
System--
(A) to increase the reliability and availability of
federally-owned and federally-operated navigation
facilities;
(B) to decrease system operational risks; and
(C) to improve--
(i) vessel traffic management;
(ii) access; and
(iii) Federal asset management.
(c) Federal Ownership Requirement.--The Secretary may provide
assistance for a project under this section only if the project is
federally owned.
(d) Local Cooperation Agreements.--
(1) In general.--The Secretary shall enter into local
cooperation agreements with non-Federal interests to provide
for the design, construction, installation, and operation of
the projects to be carried out under the program.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall include the following:
(A) Plan.--Development by the Secretary, in
consultation with appropriate Federal and State
officials, of a navigation improvement project,
including appropriate engineering plans and
specifications.
(B) Legal and institutional structures.--
Establishment of such legal and institutional
structures as are necessary to ensure the effective
long-term operation of the project.
(3) Cost sharing.--Total project costs under each local
cooperation agreement shall be cost-shared in accordance with
the formula relating to the applicable original construction
project.
(4) Expenditures.--
(A) In general.--Expenditures under the program may
include, for establishment at federally-owned property,
such as locks, dams, and bridges--
(i) transmitters;
(ii) responders;
(iii) hardware;
(iv) software; and
(v) wireless networks.
(B) Exclusions.--Transmitters, responders,
hardware, software, and wireless networks or other
equipment installed on privately-owned vessels or
equipment shall not be eligible under the program.
(e) Report.--Not later than December 31, 2007, the Secretary shall
submit to Congress a report on the results of the pilot program carried
out under this section, together with recommendations concerning
whether the program or any component of the program should be
implemented on a national basis.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,100,000, to remain available
until expended.

TITLE IV--STUDIES

SEC. 4001. EURASIAN MILFOIL.

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

SEC. 4002. NATIONAL PORT STUDY.

(a) In General.--The Secretary, in consultation with the Secretary
of Transportation, shall conduct a study of the ability of coastal or
deepwater port infrastructure to meet current and projected national
economic needs.
(b) Components.--In conducting the study, the Secretary shall--
(1) consider--
(A) the availability of alternate transportation
destinations and modes;
(B) the impact of larger cargo vessels on existing
port capacity; and
(C) practicable, cost-effective congestion
management alternatives; and
(2) give particular consideration to the benefits and
proximity of proposed and existing port, harbor, waterway, and
other transportation infrastructure.
(c) Report.--Not later than 180 days after the date of enactment of
this Act, the Secretary shall submit to the Committee on Environment
and Public Works of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report that describes
the results of the study.

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

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

SEC. 4004. LOS ANGELES RIVER REVITALIZATION STUDY, CALIFORNIA.

(a) In General.--The Secretary, in coordination with the city of
Los Angeles, shall--
(1) prepare a feasibility study for environmental ecosystem
restoration, flood control, recreation, and other aspects of
Los Angeles River revitalization that is consistent with the
goals of the Los Angeles River Revitalization Master Plan
published by the city of Los Angeles; and
(2) consider any locally-preferred project alternatives
developed through a full and open evaluation process for
inclusion in the study.
(b) Use of Existing Information and Measures.--In preparing the
study under subsection (a), the Secretary shall use, to the maximum
extent practicable--
(1) information obtained from the Los Angeles River
Revitalization Master Plan; and
(2) the development process of that plan.
(c) Demonstration Projects.--
(1) In general.--The Secretary is authorized to construct
demonstration projects in order to provide information to
develop the study under subsection (a)(1).
(2) Federal share.--The Federal share of the cost of any
project under this subsection shall be not more than 65
percent.
(3) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $12,000,000.

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

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

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

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

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

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

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

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

SEC. 4009. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA.

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

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

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

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

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

SEC. 4012. SELENIUM STUDY, COLORADO.

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

SEC. 4013. PROMONTORY POINT THIRD-PARTY REVIEW, CHICAGO SHORELINE,
CHICAGO, ILLINOIS.

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

SEC. 4014. VIDALIA PORT, LOUISIANA.

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

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

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

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

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

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

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

SEC. 4018. JOHNSON CREEK, ARLINGTON, TEXAS.

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

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

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

TITLE V--MISCELLANEOUS PROVISIONS

SEC. 5001. LAKES PROGRAM.

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

SEC. 5002. ESTUARY RESTORATION.

(a) Purposes.--Section 102 of the Estuary Restoration Act of 2000
(33 U.S.C. 2901) is amended--
(1) in paragraph (1), by inserting before the semicolon the
following: ``by implementing a coordinated Federal approach to
estuary habitat restoration activities, including the use of
common monitoring standards and a common system for tracking
restoration acreage'';
(2) in paragraph (2), by inserting ``and implement'' after
``to develop''; and
(3) in paragraph (3), by inserting ``through cooperative
agreements'' after ``restoration projects''.
(b) Definition of Estuary Habitat Restoration Plan.--Section
103(6)(A) of the Estuary Restoration Act of 2000 (33 U.S.C. 2902(6)(A))
is amended by striking ``Federal or State'' and inserting ``Federal,
State, or regional''.
(c) Estuary Habitat Restoration Program.--Section 104 of the
Estuary Restoration Act of 2000 (33 U.S.C. 2903) is amended--
(1) in subsection (a), by inserting ``through the award of
contracts and cooperative agreements'' after ``assistance'';
(2) in subsection (c)--
(A) in paragraph (3)(A), by inserting ``or State''
after ``Federal''; and
(B) in paragraph (4)(B), by inserting ``or
approach'' after ``technology'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) by striking ``Except'' and inserting
the following:
``(i) In general.--Except''; and
(ii) by adding at the end the following:
``(ii) Monitoring.--
``(I) Costs.--The costs of
monitoring an estuary habitat
restoration project funded under this
title may be included in the total cost
of the estuary habitat restoration
project.
``(II) Goals.--The goals of the
monitoring are--
``(aa) to measure the
effectiveness of the
restoration project; and
``(bb) to allow adaptive
management to ensure project
success.'';
(B) in paragraph (2), by inserting ``or approach''
after ``technology''; and
(C) in paragraph (3), by inserting ``(including
monitoring)'' after ``services'';
(4) in subsection (f)(1)(B), by inserting ``long-term''
before ``maintenance''; and
(5) in subsection (g)--
(A) by striking ``In carrying'' and inserting the
following:
``(1) In general.--In carrying''; and
(B) by adding at the end the following:
``(2) Small projects.--
``(A) Definition.--Small projects carried out under
this Act shall have a Federal share of less than
$1,000,000.
``(B) Delegation of project implementation.--In
carrying out this section, the Secretary, on
recommendation of the Council, shall consider
delegating implementation of the small project to--
``(i) the Secretary of the Interior (acting
through the Director of the United States Fish
and Wildlife Service);
``(ii) the Under Secretary for Oceans and
Atmosphere of the Department of Commerce;
``(iii) the Administrator of the
Environmental Protection Agency; or
``(iv) the Secretary of Agriculture.
``(C) Funding.--Small projects delegated to another
Federal department or agency may be funded from the
responsible department or appropriations of the agency
authorized by section 109(a)(1).
``(D) Agreements.--The Federal department or agency
to which a small project is delegated shall enter into
an agreement with the non-Federal interest generally in
conformance with the criteria in subsections (d) and
(e). Cooperative agreements may be used for any
delegated project.''.
(d) Establishment of Estuary Habitat Restoration Council.--Section
105(b) of the Estuary Restoration Act of 2000 (33 U.S.C. 2904(b)) is
amended--
(1) in paragraph (4), by striking ``and'' after the
semicolon;
(2) in paragraph (5), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(6) cooperating in the implementation of the strategy
developed under section 106;
``(7) recommending standards for monitoring for restoration
projects and contribution of project information to the
database developed under section 107; and
``(8) otherwise using the respective agency authorities of
the Council members to carry out this title.''.
(e) Monitoring of Estuary Habitat Restoration Projects.--Section
107(d) of the Estuary Restoration Act of 2000 (33 U.S.C. 2906(d)) is
amended by striking ``compile'' and inserting ``have general data
compilation, coordination, and analysis responsibilities to carry out
this title and in support of the strategy developed under this section,
including compilation of''.
(f) Reporting.--Section 108(a) of the Estuary Restoration Act of
2000 (33 U.S.C. 2907(a)) is amended by striking ``third and fifth'' and
inserting ``sixth, eighth, and tenth''.
(g) Funding.--Section 109(a) of the Estuary Restoration Act of 2000
(33 U.S.C. 2908(a)) is amended--
(1) in paragraph (1), by striking subparagraphs (A) through
(D) and inserting the following:
``(A) to the Secretary, $25,000,000 for each of
fiscal years 2006 through 2010;
``(B) to the Secretary of the Interior (acting
through the Director of the United States Fish and
Wildlife Service), $2,500,000 for each of fiscal years
2006 through 2010;
``(C) to the Under Secretary for Oceans and
Atmosphere of the Department of Commerce, $2,500,000
for each of fiscal years 2006 through 2010;
``(D) to the Administrator of the Environmental
Protection Agency, $2,500,000 for each of fiscal years
2006 through 2010; and
``(E) to the Secretary of Agriculture, $2,500,000
for each of fiscal years 2006 through 2010.''; and
(2) in the first sentence of paragraph (2)--
(A) by inserting ``and other information compiled
under section 107'' after ``this title''; and
(B) by striking ``2005'' and inserting ``2010''.
(h) General Provisions.--Section 110 of the Estuary Restoration Act
of 2000 (33 U.S.C. 2909) is amended--
(1) in subsection (b)(1)--
(A) by inserting ``or contracts'' after
``agreements''; and
(B) by inserting ``, nongovernmental
organizations,'' after ``agencies''; and
(2) by striking subsections (d) and (e).

SEC. 5003. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND MARYLAND.

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

SEC. 5004. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE,
MARYLAND, PENNSYLVANIA, AND VIRGINIA.

(a) Ex Officio Member.--Notwithstanding section 3001(a) of the 1997
Emergency Supplemental Appropriations Act for Recovery From Natural
Disasters, and for Overseas Peacekeeping Efforts, Including Those in
Bosnia (111 Stat. 176) and sections 2.2 of the Susquehanna River Basin
Compact (Public Law 91-575) and the Delaware River Basin Compact
(Public Law 87-328), beginning in fiscal year 2002, and each fiscal
year thereafter, the Division Engineer, North Atlantic Division, Corps
of Engineers--
(1) shall be the ex officio United States member under the
Susquehanna River Basin Compact, the Delaware River Basin
Compact, and the Potomac River Basin Compact;
(2) shall serve without additional compensation; and
(3) may designate an alternate member in accordance with
the terms of those compacts.
(b) Authorization To Allocate.--The Secretary shall allocate funds
to the Susquehanna River Basin Commission, Delaware River Basin
Commission, and the Interstate Commission on the Potomac River Basin
(Potomac River Basin Compact (Public Law 91-407)) to fulfill the
equitable funding requirements of the respective interstate compacts.
(c) Water Supply and Conservation Storage, Delaware River Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Delaware River Basin Commission to provide
temporary water supply and conservation storage at the Francis
E. Walter Dam, Pennsylvania, for any period during which the
Commission has determined that a drought warning or drought
emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
(d) Water Supply and Conservation Storage, Susquehanna River
Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Susquehanna River Basin Commission to
provide temporary water supply and conservation storage at
Federal facilities operated by the Corps of Engineers in the
Susquehanna River Basin, during any period in which the
Commission has determined that a drought warning or drought
emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.
(e) Water Supply and Conservation Storage, Potomac River Basin.--
(1) In general.--The Secretary shall enter into an
agreement with the Potomac River Basin Commission to provide
temporary water supply and conservation storage at Federal
facilities operated by the Corps of Engineers in the Potomac
River Basin for any period during which the Commission has
determined that a drought warning or drought emergency exists.
(2) Limitation.--The agreement shall provide that the cost
for water supply and conservation storage under paragraph (1)
shall not exceed the incremental operating costs associated
with providing the storage.

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

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

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

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

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

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

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

(a) Short Title.--This section may be cited as the ``Rio Grande
Environmental Management Act of 2006''.
(b) Definitions.--In this section:
(1) Rio grande compact.--The term ``Rio Grande Compact''
means the compact approved by Congress under the Act of May 31,
1939 (53 Stat. 785, chapter 155), and ratified by the States.
(2) Rio grande basin.--The term ``Rio Grande Basin'' means
the Rio Grande (including all tributaries and their headwaters)
located--
(A) in the State of Colorado, from the Rio Grande
Reservoir, near Creede, Colorado, to the New Mexico
State border;
(B) in the State of New Mexico, from the Colorado
State border downstream to the Texas State border; and
(C) in the State of Texas, from the New Mexico
State border to the southern terminus of the Rio Grande
at the Gulf of Mexico.
(3) States.--The term ``States'' means the States of
Colorado, New Mexico, and Texas.
(c) Program Authority.--
(1) In general.--The Secretary shall carry out, in the Rio
Grande Basin--
(A) a program for the planning, construction, and
evaluation of measures for fish and wildlife habitat
rehabilitation and enhancement; and
(B) implementation of a long-term monitoring,
computerized data inventory and analysis, applied
research, and adaptive management program.
(2) Reports.--Not later than December 31, 2008, and not
later than December 31 of every sixth year thereafter, the
Secretary, in consultation with the Secretary of the Interior
and the States, shall submit to Congress a report that--
(A) contains an evaluation of the programs
described in paragraph (1);
(B) describes the accomplishments of each program;
(C) provides updates of a systemic habitat needs
assessment; and
(D) identifies any needed adjustments in the
authorization of the programs.
(d) State and Local Consultation and Cooperative Effort.--For the
purpose of ensuring the coordinated planning and implementation of the
programs described in subsection (c), the Secretary shall--
(1) consult with the States and other appropriate entities
in the States the rights and interests of which might be
affected by specific program activities; and
(2) enter into an interagency agreement with the Secretary
of the Interior to provide for the direct participation of, and
transfer of funds to, the United States Fish and Wildlife
Service and any other agency or bureau of the Department of the
Interior for the planning, design, implementation, and
evaluation of those programs.
(e) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of a
project carried out under subsection (c)(1)(A)--
(A) shall be 35 percent;
(B) may be provided through in-kind services or
direct cash contributions; and
(C) shall include provision of necessary land,
easements, relocations, and disposal sites.
(2) Operation and maintenance.--The costs of operation and
maintenance of a project located on Federal land, or land owned
or operated by a State or local government, shall be borne by
the Federal, State, or local agency that has jurisdiction over
fish and wildlife activities on the land.
(f) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), with the consent of the
affected local government, a nonprofit entity may be included as a non-
Federal interest for any project carried out under subsection
(c)(1)(A).
(g) Effect on Other Law.--
(1) Water law.--Nothing in this section preempts any State
water law.
(2) Compacts and decrees.--In carrying out this section,
the Secretary shall comply with the Rio Grande Compact, and any
applicable court decrees or Federal and State laws, affecting
water or water rights in the Rio Grande Basin.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $25,000,000 for
fiscal year 2006 and each subsequent fiscal year.

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

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

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

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

SEC. 5010. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
TERRESTRIAL WILDLIFE HABITAT RESTORATION, SOUTH DAKOTA.

(a) Disbursement Provisions of the State of South Dakota and the
Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe Terrestrial
Wildlife Habitat Restoration Trust Funds.--Section 602(a)(4) of the
Water Resources Development Act of 1999 (113 Stat. 386) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by inserting ``and the Secretary
of the Treasury'' after ``Secretary''; and
(B) by striking clause (ii) and inserting the
following:
``(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the State of South Dakota funds from the
State of South Dakota Terrestrial Wildlife
Habitat Restoration Trust Fund established
under section 603, to be used to carry out the
plan for terrestrial wildlife habitat
restoration submitted by the State of South
Dakota after the State certifies to the
Secretary of the Treasury that the funds to be
disbursed will be used in accordance with
section 603(d)(3) and only after the Trust Fund
is fully capitalized.''; and
(2) in subparagraph (B), by striking clause (ii) and
inserting the following:
``(ii) Availability of funds.--On
notification in accordance with clause (i), the
Secretary of the Treasury shall make available
to the Cheyenne River Sioux Tribe and the Lower
Brule Sioux Tribe funds from the Cheyenne River
Sioux Terrestrial Wildlife Habitat Restoration
Trust Fund and the Lower Brule Sioux
Terrestrial Wildlife Habitat Restoration Trust
Fund, respectively, established under section
604, to be used to carry out the plans for
terrestrial wildlife habitat restoration
submitted by the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe, respectively,
after the respective tribe certifies to the
Secretary of the Treasury that the funds to be
disbursed will be used in accordance with
section 604(d)(3) and only after the Trust Fund
is fully capitalized.''.
(b) Investment Provisions of the State of South Dakota Terrestrial
Wildlife Restoration Trust Fund.--Section 603 of the Water Resources
Development Act of 1999 (113 Stat. 388) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations of
the United States issued directly to the Fund.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest the Fund in accordance with all of the
requirements of this paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited in the Fund under subsection (b)
shall be credited to an account within the Fund
(referred to in this paragraph as the
`principal account') and invested as provided
in subparagraph (C).
``(ii) Interest account.--The interest
earned from investing amounts in the principal
account of the Fund shall be transferred to a
separate account within the Fund (referred to
in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned
from investing amounts in the interest account
of the Fund shall be credited to the interest
account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount
deposited in the principal account of the Fund
shall be invested initially in eligible
obligations having the shortest maturity then
available until the date on which the amount is
divided into 3 substantially equal portions and
those portions are invested in eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having a 2-year
maturity, a 5-year maturity, and a 10-year
maturity, respectively.
``(ii) Subsequent investment.--As each 2-
year, 5-year, and 10-year eligible obligation
matures, the principal of the maturing eligible
obligation shall also be invested initially in
the shortest-maturity eligible obligation then
available until the principal is reinvested
substantially equally in the eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuance of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in eligible obligations that are
identical (except for transferability) to the
next-issued publicly issued Treasury
obligations of the maturities longer than 1
year then available.
``(D) Investment of interest account.--
``(i) Before full capitalization.--Until
the date on which the Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested in eligible
obligations that are identical (except for
transferability) to publicly issued Treasury
obligations that have maturities that coincide,
to the maximum extent practicable, with the
date on which the Fund is expected to be fully
capitalized.
``(ii) After full capitalization.--On and
after the date on which the Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested and reinvested in
eligible obligations having the shortest
maturity then available until the amounts are
withdrawn and transferred to fund the
activities authorized under subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the
principal account shall not exceed the par value of the
obligations so that the amount of the principal account
shall be preserved in perpetuity.
``(F) Highest yield.--Among eligible obligations
having the same maturity and purchase price, the
obligation to be purchased shall be the obligation
having the highest yield.
``(G) Holding to maturity.--Eligible obligations
purchased shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the State of South Dakota the
results of the investment activities and financial status of
the Fund during the preceding 12-month period.
``(4) Audits.--
``(A) In general.--The activities of the State of
South Dakota (referred to in this subsection as the
`State') in carrying out the plan of the State for
terrestrial wildlife habitat restoration under section
602(a) shall be audited as part of the annual audit
that the State is required to prepare under the Office
of Management and Budget Circular A-133 (or a successor
circulation).
``(B) Determination by auditors.--An auditor that
conducts an audit under subparagraph (A) shall--
``(i) determine whether funds received by
the State under this section during the period
covered by the audit were used to carry out the
plan of the State in accordance with this
section; and
``(ii) include the determination under
clause (i) in the written findings of the
audit.
``(5) Modification of investment requirements.--
``(A) In general.--If the Secretary of the Treasury
determines that meeting the requirements under
paragraph (2) with respect to the investment of a Fund
is not practicable, or would result in adverse
consequences for the Fund, the Secretary shall modify
the requirements, as the Secretary determines to be
necessary.
``(B) Consultation.--Before modifying a requirement
under subparagraph (A), the Secretary of the Treasury
shall consult with the State regarding the proposed
modification.'';
(2) in subsection (d)(2), by inserting ``of the Treasury''
after Secretary''; and
(3) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Secretary of the Treasury, to pay expenses
associated with investing the Fund and auditing the uses of amounts
withdrawn from the Fund--
``(1) up to $500,000 for each of fiscal years 2006 and
2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.
(c) Investment Provisions for the Cheyenne River Sioux Tribe and
Lower Brule Sioux Tribe Trust Funds.--Section 604 of the Water
Resources Development Act of 1999 (113 Stat. 389) is amended--
(1) by striking subsection (c) and inserting the following:
``(c) Investments.--
``(1) Eligible obligations.--Notwithstanding any other
provision of law, the Secretary of the Treasury shall invest
the amounts deposited under subsection (b) and the interest
earned on those amounts only in interest-bearing obligations of
the United States issued directly to the Funds.
``(2) Investment requirements.--
``(A) In general.--The Secretary of the Treasury
shall invest each of the Funds in accordance with all
of the requirements of this paragraph.
``(B) Separate investments of principal and
interest.--
``(i) Principal account.--The amounts
deposited in each Fund under subsection (b)
shall be credited to an account within the Fund
(referred to in this paragraph as the
`principal account') and invested as provided
in subparagraph (C).
``(ii) Interest account.--The interest
earned from investing amounts in the principal
account of each Fund shall be transferred to a
separate account within the Fund (referred to
in this paragraph as the `interest account')
and invested as provided in subparagraph (D).
``(iii) Crediting.--The interest earned
from investing amounts in the interest account
of each Fund shall be credited to the interest
account.
``(C) Investment of principal account.--
``(i) Initial investment.--Each amount
deposited in the principal account of each Fund
shall be invested initially in eligible
obligations having the shortest maturity then
available until the date on which the amount is
divided into 3 substantially equal portions and
those portions are invested in eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having a 2-year
maturity, a 5-year maturity, and a 10-year
maturity, respectively.
``(ii) Subsequent investment.--As each 2-
year, 5-year, and 10-year eligible obligation
matures, the principal of the maturing eligible
obligation shall also be invested initially in
the shortest-maturity eligible obligation then
available until the principal is reinvested
substantially equally in the eligible
obligations that are identical (except for
transferability) to the next-issued publicly
issued Treasury obligations having 2-year, 5-
year, and 10-year maturities.
``(iii) Discontinuation of issuance of
obligations.--If the Department of the Treasury
discontinues issuing to the public obligations
having 2-year, 5-year, or 10-year maturities,
the principal of any maturing eligible
obligation shall be reinvested substantially
equally in eligible obligations that are
identical (except for transferability) to the
next-issued publicly issued Treasury
obligations of the maturities longer than 1
year then available.
``(D) Investment of the interest account.--
``(i) Before full capitalization.--Until
the date on which each Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested in eligible
obligations that are identical (except for
transferability) to publicly issued Treasury
obligations that have maturities that coincide,
to the maximum extent practicable, with the
date on which the Fund is expected to be fully
capitalized.
``(ii) After full capitalization.--On and
after the date on which each Fund is fully
capitalized, amounts in the interest account of
the Fund shall be invested and reinvested in
eligible obligations having the shortest
maturity then available until the amounts are
withdrawn and transferred to fund the
activities authorized under subsection (d)(3).
``(E) Par purchase price.--The price to be paid for
eligible obligations purchased as investments of the
principal account shall not exceed the par value of the
obligations so that the amount of the principal account
shall be preserved in perpetuity.
``(F) Highest yield.--Among eligible obligations
having the same maturity and purchase price, the
obligation to be purchased shall be the obligation
having the highest yield.
``(G) Holding to maturity.--Eligible obligations
purchased shall generally be held to their maturities.
``(3) Annual review of investment activities.--Not less
frequently than once each calendar year, the Secretary of the
Treasury shall review with the Cheyenne River Sioux Tribe and
the Lower Brule Sioux Tribe (referred to in this subsection as
the `Tribes') the results of the investment activities and
financial status of the Funds during the preceding 12-month
period.
``(4) Audits.--
``(A) In general.--The activities of the Tribes in
carrying out the plans of the Tribes for terrestrial
wildlife habitat restoration under section 602(a) shall
be audited as part of the annual audit that the Tribes
are required to prepare under the Office of Management
and Budget Circular A-133 (or a successor circulation).
``(B) Determination by auditors.--An auditor that
conducts an audit under subparagraph (A) shall--
``(i) determine whether funds received by
the Tribes under this section during the period
covered by the audit were used to carry out the
plan of the appropriate Tribe in accordance
with this section; and
``(ii) include the determination under
clause (i) in the written findings of the
audit.
``(5) Modification of investment requirements.--
``(A) In general.--If the Secretary of the Treasury
determines that meeting the requirements under
paragraph (2) with respect to the investment of a Fund
is not practicable, or would result in adverse
consequences for the Fund, the Secretary shall modify
the requirements, as the Secretary determines to be
necessary.
``(B) Consultation.--Before modifying a requirement
under subparagraph (A), the Secretary of the Treasury
shall consult with the Tribes regarding the proposed
modification.''; and
(2) by striking subsection (f) and inserting the following:
``(f) Administrative Expenses.--There are authorized to be
appropriated, out of any money in the Treasury not otherwise
appropriated, to the Secretary of the Treasury to pay expenses
associated with investing the Funds and auditing the uses of amounts
withdrawn from the Funds--
``(1) up to $500,000 for each of fiscal years 2006 and
2007; and
``(2) such sums as are necessary for each subsequent fiscal
year.''.

SEC. 5011. CONNECTICUT RIVER DAMS, VERMONT.

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

TITLE VI--PROJECT DEAUTHORIZATIONS

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

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

SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.

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

SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.

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

SEC. 6004. BRIDGEPORT, CONNECTICUT.

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

SEC. 6005. HARTFORD, CONNECTICUT.

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

SEC. 6006. NEW HAVEN, CONNECTICUT.

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

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

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

SEC. 6008. SHINGLE CREEK BASIN, FLORIDA.

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

SEC. 6009. BREVOORT, INDIANA.

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

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

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

SEC. 6011. LAKE GEORGE, HOBART, INDIANA.

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

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

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

SEC. 6013. MUSCATINE HARBOR, IOWA.

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

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

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

SEC. 6015. EAGLE CREEK LAKE, KENTUCKY.

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

SEC. 6016. HAZARD, KENTUCKY.

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

SEC. 6017. WEST KENTUCKY TRIBUTARIES, KENTUCKY.

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

SEC. 6018. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.

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

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

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

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

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

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

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

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

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

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

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

SEC. 6024. CASCO BAY, PORTLAND, MAINE.

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

SEC. 6025. NORTHEAST HARBOR, MAINE.

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

SEC. 6026. PENOBSCOT RIVER, BANGOR, MAINE.

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

SEC. 6027. SAINT JOHN RIVER BASIN, MAINE.

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

SEC. 6028. TENANTS HARBOR, MAINE.

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

SEC. 6029. GRAND HAVEN HARBOR, MICHIGAN.

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

SEC. 6030. GREENVILLE HARBOR, MISSISSIPPI.

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

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

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

SEC. 6032. EPPING, NEW HAMPSHIRE.

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

SEC. 6033. MANCHESTER, NEW HAMPSHIRE.

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

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

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

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

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

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

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

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

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

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

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

SEC. 6039. CLEVELAND HARBOR 1958 ACT, OHIO.

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

SEC. 6040. CLEVELAND HARBOR 1960 ACT, OHIO.

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

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

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

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

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

SEC. 6043. SCHUYLKILL RIVER, PENNSYLVANIA.

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

SEC. 6044. TIOGA-HAMMOND LAKES, PENNSYLVANIA.

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

SEC. 6045. TAMAQUA, PENNSYLVANIA.

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

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

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

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

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

SEC. 6048. ARROYO COLORADO, TEXAS.

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

SEC. 6049. CYPRESS CREEK-STRUCTURAL, TEXAS.

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

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

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

SEC. 6051. FALFURRIAS, TEXAS.

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

SEC. 6052. PECAN BAYOU LAKE, TEXAS.

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

SEC. 6053. LAKE OF THE PINES, TEXAS.

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

SEC. 6054. TENNESSEE COLONY LAKE, TEXAS.

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

SEC. 6055. CITY WATERWAY, TACOMA, WASHINGTON.

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

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

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

Attest:

Secretary.
109th CONGRESS

2d Session

H. R. 2864

_______________________________________________________________________

AMENDMENT