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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘Water Resources Development Act of 2007’’.

4 (b) TABLE OF CONTENTS.—

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

TITLE I—WATER RESOURCES PROJECTS Sec. 1001. Project authorizations. Sec. 1002. Small projects for flood damage reduction. Sec. 1003. Small projects for emergency streambank protection. Sec. 1004. Small projects for navigation. Sec. 1005. Small projects for improvement of the quality of the environment. Sec. 1006. Small projects for aquatic ecosystem restoration. Sec. 1007. Small projects for shoreline protection. Sec. 1008. Small projects for snagging and sediment removal. Sec. 1009. Small projects to prevent or mitigate damage caused by navigation projects. Sec. 1010. Small projects for aquatic plant control.

TITLE II—GENERAL PROVISIONS Sec. 2001. Non-Federal contributions. Sec. 2002. Funding to process permits. Sec. 2003. Written agreement for water resources projects. Sec. 2004. Compilation of laws. Sec. 2005. Dredged material disposal. Sec. 2006. Remote and subsistence harbors. Sec. 2007. Use of other Federal funds. Sec. 2008. Revision of project partnership agreement; cost sharing. Sec. 2009. Expedited actions for emergency flood damage reduction. Sec. 2010. Watershed and river basin assessments. Sec. 2011. Tribal partnership program. Sec. 2012. Wildfire firefighting. Sec. 2013. Technical assistance. Sec. 2014. Lakes program. Sec. 2015. Cooperative agreements. Sec. 2016. Training funds. Sec. 2017. Access to water resource data. Sec. 2018. Shore protection projects. Sec. 2019. Ability to pay. Sec. 2020. Aquatic ecosystem and estuary restoration. Sec. 2021. Small flood damage reduction projects. Sec. 2022. Small river and harbor improvement projects. Sec. 2023. Protection of highways, bridge approaches, public works, and non- profit public services.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 2 Sec. 2024. Modification of projects for improvement of the quality of the envi- ronment. Sec. 2025. Remediation of abandoned mine sites. Sec. 2026. Leasing authority. Sec. 2027. Fiscal transparency report. Sec. 2028. Support of Army civil works program. Sec. 2029. Sense of Congress on criteria for operation and maintenance of har- bor dredging projects. Sec. 2030. Interagency and international support authority. Sec. 2031. Water resources principles and guidelines. Sec. 2032. Water resource priorities report. Sec. 2033. Planning. Sec. 2034. Independent peer review. Sec. 2035. Safety assurance review. Sec. 2036. Mitigation for fish and wildlife and wetlands losses. Sec. 2037. Regional sediment management. Sec. 2038. National shoreline erosion control development program. Sec. 2039. Monitoring ecosystem restoration. Sec. 2040. Electronic submission of permit applications. Sec. 2041. Project administration. Sec. 2042. Program administration. Sec. 2043. Studies and reports for water resources projects. Sec. 2044. Coordination and scheduling of Federal, State, and local actions. Sec. 2045. Project streamlining. Sec. 2046. Project deauthorization. Sec. 2047. Federal hopper dredges.

TITLE III—PROJECT-RELATED PROVISIONS Sec. 3001. Black Warrior-Tombigbee Rivers, Alabama. Sec. 3002. Cook Inlet, Alaska. Sec. 3003. King Cove Harbor, Alaska. Sec. 3004. Seward Harbor, Alaska. Sec. 3005. Sitka, Alaska. Sec. 3006. Tatitlek, Alaska. Sec. 3007. Rio De Flag, Flagstaff, Arizona. Sec. 3008. Nogales Wash and tributaries flood control project, Arizona. Sec. 3009. Tucson drainage area, Arizona. Sec. 3010. Osceola Harbor, Arkansas. Sec. 3011. St. Francis River Basin, Arkansas and Missouri. Sec. 3012. Pine Mountain Dam, Arkansas. Sec. 3013. Red-Ouachita River Basin Levees, Arkansas and Louisiana. Sec. 3014. Cache Creek Basin, California. Sec. 3015. CALFED stability program, California. Sec. 3016. Compton Creek, California. Sec. 3017. Grayson Creek/Murderer’s Creek, California. Sec. 3018. Hamilton Airfield, California. Sec. 3019. John F. Baldwin Ship Channel and Stockton Ship Channel, Cali- fornia. Sec. 3020. Kaweah River, California. Sec. 3021. Larkspur Ferry Channel, Larkspur, California. Sec. 3022. Llagas Creek, California. Sec. 3023. Magpie Creek, California. Sec. 3024. Pacific Flyway Center, Sacramento, California. Sec. 3025. Petaluma River, Petaluma, California.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 3 Sec. 3026. Pinole Creek, California. Sec. 3027. Prado Dam, California. Sec. 3028. Redwood City Navigation Channel, California. Sec. 3029. Sacramento and American Rivers flood control, California. Sec. 3030. Sacramento Deep Water Ship Channel, California. Sec. 3031. Sacramento River bank protection, California. Sec. 3032. Salton Sea restoration, California. Sec. 3033. Santa Ana River Mainstem, California. Sec. 3034. Santa Barbara Streams, Lower Mission Creek, California. Sec. 3035. Santa Cruz Harbor, California. Sec. 3036. Seven Oaks Dam, California. Sec. 3037. Upper Guadalupe River, California. Sec. 3038. Walnut Creek Channel, California. Sec. 3039. Wildcat/San Pablo Creek Phase I, California. Sec. 3040. Wildcat/San Pablo Creek Phase II, California. Sec. 3041. Yuba River Basin project, California. Sec. 3042. South Platte River basin, Colorado. Sec. 3043. Intracoastal Waterway, Delaware River to Chesapeake Bay, Dela- ware and Maryland. Sec. 3044. St. George’s Bridge, Delaware. Sec. 3045. Brevard County, Florida. Sec. 3046. Broward County and Hillsboro Inlet, Florida. Sec. 3047. Canaveral Harbor, Florida. Sec. 3048. Gasparilla and Estero Islands, Florida. Sec. 3049. Lido Key Beach, Sarasota, Florida. Sec. 3050. Peanut Island, Florida. Sec. 3051. Port Sutton, Florida. Sec. 3052. Tampa Harbor-Big Bend Channel, Florida. Sec. 3053. Tampa Harbor Cut B, Florida. Sec. 3054. Allatoona Lake, Georgia. Sec. 3055. Latham River, Glynn County, Georgia. Sec. 3056. Dworshak Reservoir improvements, Idaho. Sec. 3057. Little Wood River, Gooding, Idaho. Sec. 3058. Beardstown Community Boat Harbor, Beardstown, Illinois. Sec. 3059. Cache River Levee, Illinois. Sec. 3060. Chicago River, Illinois. Sec. 3061. Chicago Sanitary and Ship Canal dispersal barriers project, Illinois. Sec. 3062. Emiquon, Illinois. Sec. 3063. Lasalle, Illinois. Sec. 3064. Spunky Bottoms, Illinois. Sec. 3065. Cedar Lake, Indiana. Sec. 3066. Koontz Lake, Indiana. Sec. 3067. White River, Indiana. Sec. 3068. Des Moines River and Greenbelt, Iowa. Sec. 3069. Perry Creek, Iowa. Sec. 3070. Rathbun Lake, Iowa. Sec. 3071. Hickman Bluff stabilization, Kentucky. Sec. 3072. Mcalpine Lock and Dam, Kentucky and Indiana. Sec. 3073. Prestonsburg, Kentucky. Sec. 3074. Amite River and tributaries, Louisiana, East Baton Rouge Parish Watershed. Sec. 3075. Atchafalaya Basin Floodway System, Louisiana. Sec. 3076. Atchafalaya Basin Floodway System, regional visitor center, Lou- isiana. Sec. 3077. Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 4 Sec. 3078. Bayou Plaquemine, Louisiana. Sec. 3079. Calcasieu River and Pass, Louisiana. Sec. 3080. Red River (J. Bennett Johnston) Waterway, Louisiana. Sec. 3081. Mississippi Delta Region, Louisiana. Sec. 3082. Mississippi River-Gulf Outlet relocation assistance, Louisiana. Sec. 3083. Violet, Louisiana. Sec. 3084. West bank of the Mississippi River (East of Harvey Canal), Lou- isiana. Sec. 3085. Camp Ellis, Saco, Maine. Sec. 3086. Cumberland, Maryland. Sec. 3087. Poplar Island, Maryland. Sec. 3088. Detroit River shoreline, Detroit, Michigan. Sec. 3089. St. Clair River and Lake St. Clair, Michigan. Sec. 3090. St. Joseph Harbor, Michigan. Sec. 3091. Sault Sainte Marie, Michigan. Sec. 3092. Ada, Minnesota. Sec. 3093. Duluth Harbor, McQuade Road, Minnesota. Sec. 3094. Grand Marais, Minnesota. Sec. 3095. Grand Portage Harbor, Minnesota. Sec. 3096. Granite Falls, Minnesota. Sec. 3097. Knife River Harbor, Minnesota. Sec. 3098. Red Lake River, Minnesota. Sec. 3099. Silver Bay, Minnesota. Sec. 3100. Taconite Harbor, Minnesota. Sec. 3101. Two Harbors, Minnesota. Sec. 3102. Deer Island, Harrison County, Mississippi. Sec. 3103. Jackson County, Mississippi. Sec. 3104. Pearl River Basin, Mississippi. Sec. 3105. Festus and Crystal City, Missouri. Sec. 3106. L–15 levee, Missouri. Sec. 3107. Monarch-Chesterfield, Missouri. Sec. 3108. River Des Peres, Missouri. Sec. 3109. Lower Yellowstone project, Montana. Sec. 3110. Yellowstone River and tributaries, Montana and North Dakota. Sec. 3111. Antelope Creek, Lincoln, Nebraska. Sec. 3112. Sand Creek watershed, Wahoo, Nebraska. Sec. 3113. Western Sarpy and Clear Creek, Nebraska. Sec. 3114. Lower Truckee River, McCarran Ranch, Nevada. Sec. 3115. Lower Cape May Meadows, Cape May Point, New Jersey. Sec. 3116. Passaic River basin flood management, New Jersey. Sec. 3117. Cooperative agreements, New Mexico. Sec. 3118. Middle Rio Grande restoration, New Mexico. Sec. 3119. Buffalo Harbor, New York. Sec. 3120. Long Island Sound oyster restoration, New York and Connecticut. Sec. 3121. Mamaroneck and Sheldrake Rivers watershed management, New York. Sec. 3122. Orchard Beach, Bronx, New York. Sec. 3123. Port of New York and New Jersey, New York and New Jersey. Sec. 3124. New York State Canal System. Sec. 3125. Susquehanna River and Upper Delaware River watershed manage- ment, New York. Sec. 3126. Missouri River restoration, North Dakota. Sec. 3127. Wahpeton, North Dakota. Sec. 3128. Ohio. Sec. 3129. Lower Girard Lake Dam, Girard, Ohio.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 5 Sec. 3130. Mahoning River, Ohio. Sec. 3131. Arcadia Lake, Oklahoma. Sec. 3132. Arkansas River Corridor, Oklahoma. Sec. 3133. Lake Eufaula, Oklahoma. Sec. 3134. Oklahoma lakes demonstration program, Oklahoma. Sec. 3135. Ottawa County, Oklahoma. Sec. 3136. Red River chloride control, Oklahoma and Texas. Sec. 3137. Waurika Lake, Oklahoma. Sec. 3138. Upper Willamette River watershed ecosystem restoration, Oregon. Sec. 3139. Delaware River, Pennsylvania, New Jersey, and Delaware. Sec. 3140. Raystown Lake, Pennsylvania. Sec. 3141. Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania. Sec. 3142. Solomon’s Creek, Wilkes-Barre, Pennsylvania. Sec. 3143. South Central Pennsylvania. Sec. 3144. Wyoming Valley, Pennsylvania. Sec. 3145. Narragansett Bay, Rhode Island. Sec. 3146. Missouri River Restoration, South Dakota. Sec. 3147. Cedar Bayou, Texas. Sec. 3148. Freeport Harbor, Texas. Sec. 3149. Lake Kemp, Texas. Sec. 3150. Lower Rio Grande Basin, Texas. Sec. 3151. North Padre Island, Corpus Christi Bay, Texas. Sec. 3152. Pat Mayse Lake, Texas. Sec. 3153. Proctor Lake, Texas. Sec. 3154. San Antonio Channel, San Antonio, Texas. Sec. 3155. Connecticut River restoration, Vermont. Sec. 3156. Dam remediation, Vermont. Sec. 3157. Lake Champlain Eurasian milfoil, water chestnut, and other non- native plant control, Vermont. Sec. 3158. Upper Connecticut River Basin wetland restoration, Vermont and New Hampshire. Sec. 3159. Upper Connecticut River basin ecosystem restoration, Vermont and New Hampshire. Sec. 3160. Lake Champlain watershed, Vermont and New York. Sec. 3161. Sandbridge Beach, Virginia Beach, Virginia. Sec. 3162. Tangier Island Seawall, Virginia. Sec. 3163. Duwamish/Green, Washington. Sec. 3164. McNary Lock and Dam, McNary National Wildlife Refuge, Wash- ington and Idaho. Sec. 3165. Snake River project, Washington and Idaho. Sec. 3166. Yakima River, Port of Sunnyside, Washington. Sec. 3167. Bluestone Lake, Ohio River Basin, West Virginia. Sec. 3168. Greenbrier River basin, West Virginia. Sec. 3169. Lesage/Greenbottom Swamp, West Virginia. Sec. 3170. Lower Mud River, Milton, West Virginia. Sec. 3171. Mcdowell County, West Virginia. Sec. 3172. Parkersburg, West Virginia. Sec. 3173. Green Bay Harbor, Green Bay, Wisconsin. Sec. 3174. Manitowoc Harbor, Wisconsin. Sec. 3175. Mississippi River headwaters reservoirs. Sec. 3176. Upper basin of Missouri River. Sec. 3177. Upper Mississippi River System environmental management pro- gram.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 6 Sec. 3178. Upper Ohio River and Tributaries navigation system new technology pilot program. Sec. 3179. Continuation of project authorizations. Sec. 3180. Project reauthorizations. Sec. 3181. Project deauthorizations. Sec. 3182. Land conveyances. Sec. 3183. Extinguishment of reversionary interests and use restrictions.

TITLE IV—STUDIES Sec. 4001. John Glenn Great Lakes Basin Program. Sec. 4002. Lake Erie dredged material disposal sites. Sec. 4003. Southwestern United States drought study. Sec. 4004. Delaware River. Sec. 4005. Eurasian milfoil. Sec. 4006. Fire Island, Alaska. Sec. 4007. Knik Arm, Cook Inlet, Alaska. Sec. 4008. Kuskokwim River, Alaska. Sec. 4009. Nome Harbor, Alaska. Sec. 4010. St. George Harbor, Alaska. Sec. 4011. Susitna River, Alaska. Sec. 4012. Valdez, Alaska. Sec. 4013. Gila Bend, Maricopa, Arizona. Sec. 4014. Searcy County, Arkansas. Sec. 4015. Aliso Creek, California. Sec. 4016. Fresno, Kings, and Kern counties, California. Sec. 4017. Fruitvale Avenue Railroad Bridge, Alameda, California. Sec. 4018. Los Angeles River revitalization study, California. Sec. 4019. Lytle Creek, Rialto, California. Sec. 4020. Mokelumne River, San Joaquin County, California. Sec. 4021. Orick, California. Sec. 4022. Shoreline study, Oceanside, California. Sec. 4023. Rialto, Fontana, and Colton, California. Sec. 4024. Sacramento River, California. Sec. 4025. San Diego County, California. Sec. 4026. San Francisco Bay, Sacramento-San Joaquin Delta, California. Sec. 4027. South San Francisco Bay Shoreline, California. Sec. 4028. Twentynine Palms, California. Sec. 4029. Yucca Valley, California. Sec. 4030. Selenium studies, Colorado. Sec. 4031. Delaware and Christina Rivers and Shellpot Creek, Wilmington, Delaware. Sec. 4032. Delaware inland bays and tributaries and Atlantic coast, Delaware. Sec. 4033. Collier County Beaches, Florida. Sec. 4034. Lower St. Johns River, Florida. Sec. 4035. Herbert Hoover Dike supplemental major rehabilitation report, Florida. Sec. 4036. Vanderbilt Beach Lagoon, Florida. Sec. 4037. Meriwether County, Georgia. Sec. 4038. Boise River, Idaho. Sec. 4039. Ballard’s Island Side Channel, Illinois. Sec. 4040. Chicago, Illinois. Sec. 4041. Salem, Indiana. Sec. 4042. Buckhorn Lake, Kentucky. Sec. 4043. Dewey Lake, Kentucky.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 7 Sec. 4044. Louisville, Kentucky. Sec. 4045. Vidalia Port, Louisiana. Sec. 4046. Fall River Harbor, Massachusetts and Rhode Island. Sec. 4047. Clinton River, Michigan. Sec. 4048. Hamburg and Green Oak Townships, Michigan. Sec. 4049. Lake Erie at Luna Pier, Michigan. Sec. 4050. Duluth-Superior Harbor, Minnesota and Wisconsin. Sec. 4051. Northeast Mississippi. Sec. 4052. Dredged material disposal, New Jersey. Sec. 4053. Bayonne, New Jersey. Sec. 4054. Carteret, New Jersey. Sec. 4055. Gloucester County, New Jersey. Sec. 4056. Perth Amboy, New Jersey. Sec. 4057. Batavia, New York. Sec. 4058. Big Sister Creek, Evans, New York. Sec. 4059. Finger Lakes, New York. Sec. 4060. Lake Erie Shoreline, Buffalo, New York. Sec. 4061. Newtown Creek, New York. Sec. 4062. Niagara River, New York. Sec. 4063. Shore Parkway Greenway, Brooklyn, New York. Sec. 4064. Upper Delaware River watershed, New York. Sec. 4065. Lincoln County, North Carolina. Sec. 4066. Wilkes County, North Carolina. Sec. 4067. Yadkinville, North Carolina. Sec. 4068. Flood damage reduction, Ohio. Sec. 4069. Lake Erie, Ohio. Sec. 4070. Ohio River, Ohio. Sec. 4071. Toledo Harbor dredged material placement, Toledo, Ohio. Sec. 4072. Toledo Harbor, Maumee River, and Lake Channel project, Toledo, Ohio. Sec. 4073. Ecosystem restoration and fish passage improvements, Oregon. Sec. 4074. Walla Walla River basin, Oregon. Sec. 4075. Chartiers Creek watershed, Pennsylvania. Sec. 4076. Kinzua Dam and Allegheny Reservoir, Pennsylvania. Sec. 4077. Western Pennsylvania flood damage reduction. Sec. 4078. Williamsport, Pennsylvania. Sec. 4079. Yardley Borough, Pennsylvania. Sec. 4080. Rio Valenciano, Juncos, Puerto Rico. Sec. 4081. Woonsocket local protection project, Blackstone River basin, Rhode Island. Sec. 4082. Crooked Creek, Bennettsville, South Carolina. Sec. 4083. Broad River, York County, South Carolina. Sec. 4084. Savannah River, South Carolina and Georgia. Sec. 4085. Chattanooga, Tennessee. Sec. 4086. Cleveland, Tennessee. Sec. 4087. Cumberland River, Nashville, Tennessee. Sec. 4088. Lewis, Lawrence, and Wayne Counties, Tennessee. Sec. 4089. Wolf River and Nonconnah Creek, Memphis, Tennessee. Sec. 4090. Abilene, Texas. Sec. 4091. Coastal Texas ecosystem protection and restoration, Texas. Sec. 4092. Port of Galveston, Texas. Sec. 4093. Grand County and Moab, Utah. Sec. 4094. Southwestern Utah. Sec. 4095. Ecosystem and hydropower generation dams, Vermont. Sec. 4096. Elliott Bay Seawall, Seattle, Washington.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 8 Sec. 4097. Monongahela River Basin, Northern West Virginia. Sec. 4098. Kenosha Harbor, Wisconsin. Sec. 4099. Johnsonville Dam, Johnsonville, Wisconsin. Sec. 4100. Wauwatosa, Wisconsin. Sec. 4101. Debris removal.

TITLE V—MISCELLANEOUS Sec. 5001. Maintenance of navigation channels. Sec. 5002. Watershed management. Sec. 5003. Dam safety. Sec. 5004. Structural integrity evaluations. Sec. 5005. Flood mitigation priority areas. Sec. 5006. Additional assistance for authorized projects. Sec. 5007. Expedited completion of reports and construction for certain projects. Sec. 5008. Expedited completion of reports for certain projects. Sec. 5009. Southeastern water resources assessment. Sec. 5010. Missouri and Middle Mississippi Rivers enhancement project. Sec. 5011. Great Lakes fishery and ecosystem restoration program. Sec. 5012. Great Lakes remedial action plans and sediment remediation. Sec. 5013. Great Lakes tributary models. Sec. 5014. Great Lakes navigation and protection. Sec. 5015. Saint Lawrence Seaway. Sec. 5016. Upper Mississippi River dispersal barrier project. Sec. 5017. Estuary restoration. Sec. 5018. Missouri River and tributaries, mitigation, recovery, and restoration, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, and Wyoming. Sec. 5019. Susquehanna, Delaware, and Potomac River basins, Delaware, Maryland, Pennsylvania, and Virginia. Sec. 5020. Chesapeake Bay environmental restoration and protection program. Sec. 5021. Chesapeake Bay oyster restoration, Virginia and Maryland. Sec. 5022. Hypoxia assessment. Sec. 5023. Potomac River watershed assessment and tributary strategy evalua- tion and monitoring program. Sec. 5024. Lock and dam security. Sec. 5025. Research and development program for Columbia and Snake River salmon survival. Sec. 5026. Wage surveys. Sec. 5027. Rehabilitation. Sec. 5028. Auburn, Alabama. Sec. 5029. Pinhook Creek, Huntsville, Alabama. Sec. 5030. Alaska. Sec. 5031. Barrow, Alaska. Sec. 5032. Lowell Creek Tunnel, Seward, Alaska. Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska. Sec. 5034. Tanana River, Alaska. Sec. 5035. Wrangell Harbor, Alaska. Sec. 5036. Augusta and Clarendon, Arkansas. Sec. 5037. Des Arc levee protection, Arkansas. Sec. 5038. Loomis Landing, Arkansas. Sec. 5039. California. Sec. 5040. Calaveras River and Littlejohn Creek and tributaries, Stockton, California.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 9 Sec. 5041. Cambria, California. Sec. 5042. Contra Costa Canal, Oakley and Knightsen, California; Mallard Slough, Pittsburg, California. Sec. 5043. Dana Point Harbor, California. Sec. 5044. East San Joaquin County, California. Sec. 5045. Eastern Santa Clara basin, California. Sec. 5046. LA–3 dredged material ocean disposal site designation, California. Sec. 5047. Lancaster, California. Sec. 5048. Los Osos, California. Sec. 5049. Pine Flat Dam fish and wildlife habitat, California. Sec. 5050. Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, California. Sec. 5051. San Francisco, California. Sec. 5052. San Francisco, California, waterfront area. Sec. 5053. San Pablo Bay, California, watershed and Suisun Marsh ecosystem restoration. Sec. 5054. St. Helena, California. Sec. 5055. Upper Calaveras River, Stockton, California. Sec. 5056. Rio Grande environmental management program, Colorado, New Mexico, and Texas. Sec. 5057. Charles Hervey Townshend Breakwater, New Haven Harbor, Con- necticut. Sec. 5058. Stamford, Connecticut. Sec. 5059. Delmarva conservation corridor, Delaware, Maryland, and Virginia. Sec. 5060. Anacostia River, District of Columbia and Maryland. Sec. 5061. East Central and Northeast Florida. Sec. 5062. Florida Keys water quality improvements. Sec. 5063. Lake Worth, Florida. Sec. 5064. Big Creek, Georgia, watershed management and restoration pro- gram. Sec. 5065. Metropolitan North Georgia Water Planning District. Sec. 5066. Savannah, Georgia. Sec. 5067. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyo- ming. Sec. 5068. Riley Creek Recreation Area, Idaho. Sec. 5069. Floodplain mapping, Little Calumet River, Chicago, Illinois. Sec. 5070. Reconstruction of Illinois and Missouri flood protection projects. Sec. 5071. Illinois River basin restoration. Sec. 5072. Promontory Point third-party review, Chicago shoreline, Chicago, Il- linois. Sec. 5073. Kaskaskia River basin, Illinois, restoration. Sec. 5074. Southwest Illinois. Sec. 5075. Calumet region, Indiana. Sec. 5076. Floodplain mapping, Missouri River, Iowa. Sec. 5077. Paducah, Kentucky. Sec. 5078. Southern and eastern Kentucky. Sec. 5079. Winchester, Kentucky. Sec. 5080. Baton Rouge, Louisiana. Sec. 5081. Calcasieu Ship Channel, Louisiana. Sec. 5082. East Atchafalaya basin and Amite River basin region, Louisiana. Sec. 5083. Inner Harbor Navigation Canal Lock project, Louisiana. Sec. 5084. Lake Pontchartrain, Louisiana. Sec. 5085. Southeast Louisiana region, Louisiana. Sec. 5086. West Baton Rouge Parish, Louisiana. Sec. 5087. Charlestown, Maryland.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 10 Sec. 5088. St. Mary’s River, Maryland. Sec. 5089. Massachusetts dredged material disposal sites. Sec. 5090. Ontonagon Harbor, Michigan. Sec. 5091. Crookston, Minnesota. Sec. 5092. Garrison and Kathio Township, Minnesota. Sec. 5093. Itasca County, Minnesota. Sec. 5094. Minneapolis, Minnesota. Sec. 5095. Northeastern Minnesota. Sec. 5096. Wild Rice River, Minnesota. Sec. 5097. Mississippi. Sec. 5098. Harrison, Hancock, and Jackson Counties, Mississippi. Sec. 5099. Mississippi River, Missouri and Illinois. Sec. 5100. St. Louis, Missouri. Sec. 5101. St. Louis Regional Greenways, St. Louis, Missouri. Sec. 5102. Missoula, Montana. Sec. 5103. St. Mary project, Glacier County, Montana. Sec. 5104. Lower Platte River watershed restoration, Nebraska. Sec. 5105. Hackensack Meadowlands area, New Jersey. Sec. 5106. Atlantic Coast of New York. Sec. 5107. College Point, New York City, New York. Sec. 5108. Flushing Bay and Creek, New York City, New York. Sec. 5109. Hudson River, New York. Sec. 5110. Mount Morris Dam, New York. Sec. 5111. North Hempstead and Glen Cove North Shore watershed restora- tion, New York. Sec. 5112. Rochester, New York. Sec. 5113. North Carolina. Sec. 5114. Stanly County, North Carolina. Sec. 5115. John H. Kerr Dam and Reservoir, North Carolina. Sec. 5116. Cincinnati, Ohio. Sec. 5117. Ohio River basin environmental management. Sec. 5118. Toussaint River navigation project, Carroll Township, Ohio. Sec. 5119. Statewide comprehensive water planning, Oklahoma. Sec. 5120. Fern Ridge Dam, Oregon. Sec. 5121. Allegheny County, Pennsylvania. Sec. 5122. Clinton County, Pennsylvania. Sec. 5123. Kehly Run Dams, Pennsylvania. Sec. 5124. Lehigh River, Lehigh County, Pennsylvania. Sec. 5125. Northeast Pennsylvania. Sec. 5126. Upper Susquehanna River basin, Pennsylvania and New York. Sec. 5127. Cano Martin Pena, San Juan, Puerto Rico. Sec. 5128. Lakes Marion and Moultrie, South Carolina. Sec. 5129. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terres- trial wildlife habitat restoration, South Dakota. Sec. 5130. East Tennessee. Sec. 5131. Fritz Landing, Tennessee. Sec. 5132. J. Percy Priest Dam and Reservoir, Tennessee. Sec. 5133. Nashville, Tennessee. Sec. 5134. Nonconnah Weir, Memphis, Tennessee. Sec. 5135. Tennessee River partnership. Sec. 5136. Town Creek, Lenoir City, Tennessee. Sec. 5137. Upper Mississippi embayment, Tennessee, Arkansas, and Mis- sissippi. Sec. 5138. Texas. Sec. 5139. Bosque River watershed, Texas.

f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 11 Sec. 5140. Dallas County region, Texas. Sec. 5141. Dallas Floodway, Dallas, Texas. Sec. 5142. Harris County, Texas. Sec. 5143. Johnson Creek, Arlington, Texas. Sec. 5144. Onion Creek, Texas. Sec. 5145. Connecticut River dams, Vermont. Sec. 5146. Lake Champlain Canal, Vermont and New York. Sec. 5147. Dyke Marsh, Fairfax County, Virginia. Sec. 5148. Eastern Shore and Southwest Virginia. Sec. 5149. James River, Virginia. Sec. 5150. Baker Bay and Ilwaco Harbor, Washington. Sec. 5151. Hamilton Island campground, Washington. Sec. 5152. Erosion control, Puget Island, Wahkiakum County, Washington. Sec. 5153. Willapa Bay, Washington. Sec. 5154. West Virginia and Pennsylvania flood control. Sec. 5155. Central West Virginia. Sec. 5156. Southern West Virginia. Sec. 5157. Construction of flood control projects by non-Federal interests. Sec. 5158. Additional assistance for critical projects.

TITLE VI—FLORIDA EVERGLADES Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida. Sec. 6002. Pilot projects. Sec. 6003. Maximum costs. Sec. 6004. Credit. Sec. 6005. Outreach and assistance. Sec. 6006. Critical restoration projects. Sec. 6007. Regional engineering model for environmental restoration.

TITLE VII—LOUISIANA COASTAL AREA Sec. 7001. Definitions. Sec. 7002. Comprehensive plan. Sec. 7003. Louisiana coastal area. Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task Force. Sec. 7005. Project modifications. Sec. 7006. Construction. Sec. 7007. Non-Federal cost share. Sec. 7008. Project justification. Sec. 7009. Independent review. Sec. 7010. Expedited reports. Sec. 7011. Reporting. Sec. 7012. New Orleans and vicinity. Sec. 7013. Mississippi River-Gulf Outlet. Sec. 7014. Hurricane and storm damage reduction. Sec. 7015. Larose to Golden Meadow. Sec. 7016. Lower Jefferson Parish, Louisiana.

TITLE VIII—UPPER MISSISSIPPI RIVER AND ILLINOIS WATER- WAY SYSTEM Sec. 8001. Definitions. Sec. 8002. Navigation improvements and restoration. Sec. 8003. Authorization of construction of navigation improvements.

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TITLE IX—NATIONAL LEVEE SAFETY PROGRAM Sec. 9001. Short title. Sec. 9002. Definitions. Sec. 9003. Committee on Levee Safety. Sec. 9004. Inventory and inspection of levees. Sec. 9005. Limitations on statutory construction. Sec. 9006. Authorization of appropriations.

1 SEC. 2. DEFINITION OF SECRETARY. 2 In this Act, the term ‘‘Secretary’’ means the Sec- 3 retary of the Army. 4 TITLE I—WATER RESOURCES 5 PROJECTS

6 SEC. 1001. PROJECT AUTHORIZATIONS. 7 Except as otherwise provided in this section, the fol- 8 lowing projects for water resources development and con- 9 servation and other purposes are authorized to be carried 10 out by the Secretary substantially in accordance with the 11 plans, and subject to the conditions, described in the re- 12 spective reports designated in this section:

13 (1) HAINES, ALASKA.—The project for naviga- 14 tion, Haines, Alaska: Report of the Chief of Engi- 15 neers dated December 20, 2004, at a total cost of 16 $14,040,000, with an estimated Federal cost of 17 $11,232,000 and an estimated non-Federal cost of 18 $2,808,000.

19 (2) PORT LIONS, ALASKA.—The project for 20 navigation, Port Lions, Alaska: Report of the Chief

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5 (3) SANTA CRUZ RIVER, PASEO DE LAS

6 IGLESIAS, ARIZONA.—The project for environmental 7 restoration, Santa Cruz River, Pima County, Ari- 8 zona: Report of the Chief of Engineers dated March 9 28, 2006, at a total cost of $97,700,000, with an es- 10 timated Federal cost of $63,300,000 and an esti- 11 mated non-Federal cost of $34,400,000.

12 (4) TANQUE VERDE CREEK, PIMA COUNTY, ARI-

13 ZONA.—The project for environmental restoration, 14 Tanque Verde Creek, Pima County, Arizona: Report 15 of the Chief of Engineers dated July 22, 2003, at 16 a total cost of $5,906,000, with an estimated Fed- 17 eral cost of $3,836,000 and an estimated non-Fed- 18 eral cost of $2,070,000.

19 (5) SALT RIVER (RIO SALADO OESTE), MARI-

20 COPA COUNTY, ARIZONA.—The project for environ- 21 mental restoration, Salt River (Rio Salado Oeste), 22 Maricopa County, Arizona: Report of the Chief of 23 Engineers dated December 19, 2006, at a total cost 24 of $166,650,000, with an estimated Federal cost of

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3 (6) SALT RIVER (VA SHLY’AY AKIMEL), MARI-

4 COPA COUNTY, ARIZONA.—

5 (A) IN GENERAL.—The project for envi- 6 ronmental restoration, Salt River (Va Shly’ay 7 Akimel), Arizona: Report of the Chief of Engi- 8 neers dated January 3, 2005, at a total cost of 9 $162,100,000, with an estimated Federal cost 10 of $105,200,000 and an estimated non-Federal 11 cost of $56,900,000.

12 (B) COORDINATION WITH FEDERAL REC-

13 LAMATION PROJECTS.—The Secretary, to the 14 maximum extent practicable, shall coordinate 15 the design and construction of the project de- 16 scribed in subparagraph (A) with the Bureau of 17 Reclamation and any operating agent for any 18 Federal reclamation project in the Salt River 19 Basin to avoid impacts to existing Federal rec- 20 lamation facilities and operations in the Salt 21 River Basin.

22 (7) MAY BRANCH, FORT SMITH, ARKANSAS.— 23 The project for flood damage reduction, May 24 Branch, Fort Smith, Arkansas: Report of the Chief 25 of Engineers dated December 19, 2006, at a total

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4 (8) HAMILTON CITY, GLENN COUNTY, CALI-

5 FORNIA.—The project for flood damage reduction 6 and environmental restoration, Hamilton City, Glenn 7 County, California: Report of the Chief of Engineers 8 dated December 22, 2004, at a total cost of 9 $52,400,000, with an estimated Federal cost of 10 $34,100,000 and estimated non-Federal cost of 11 $18,300,000.

12 (9) SILVER STRAND SHORELINE, IMPERIAL

13 BEACH, CALIFORNIA.—The project for storm damage 14 reduction, Silver Strand Shoreline, Imperial Beach, 15 California: Report of the Chief of Engineers dated 16 December 30, 2003, at a total cost of $13,700,000, 17 with an estimated Federal cost of $8,521,000 and 18 an estimated non-Federal cost of $5,179,000, and at 19 an estimated total cost of $42,500,000 for periodic 20 beach nourishment over the 50-year life of the 21 project, with an estimated Federal cost of 22 $21,250,000 and an estimated non-Federal cost of 23 $21,250,000.

24 (10) MATILIJA DAM, VENTURA COUNTY, CALI-

25 FORNIA.—The project for environmental restoration,

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6 (11) MIDDLE CREEK, LAKE COUNTY, CALI-

7 FORNIA.—The project for flood damage reduction 8 and environmental restoration, Middle Creek, Lake 9 County, California: Report of the Chief of Engineers 10 dated November 29, 2004, at a total cost of 11 $45,200,000, with an estimated Federal cost of 12 $29,500,000 and an estimated non-Federal cost of 13 $15,700,000.

14 (12) NAPA RIVER SALT MARSH RESTORATION,

15 CALIFORNIA.—

16 (A) IN GENERAL.—The project for envi- 17 ronmental restoration, Napa River Salt Marsh 18 Restoration, Napa, California: Report of the 19 Chief of Engineers dated December 22, 2004, 20 at a total cost of $134,500,000, with an esti- 21 mated Federal cost of $87,500,000 and an esti- 22 mated non-Federal cost of $47,000,000.

23 (B) ADMINISTRATION.—In carrying out 24 the project authorized by this paragraph, the 25 Secretary shall—

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9 (13) DENVER COUNTY REACH, SOUTH PLATTE

10 RIVER, DENVER, COLORADO.—The project for envi- 11 ronmental restoration, Denver County Reach, South 12 Platte River, Denver, Colorado: Report of the Chief 13 of Engineers dated May 16, 2003, at a total cost of 14 $20,100,000, with an estimated Federal cost of 15 $13,065,000 and an estimated non-Federal cost of 16 $7,035,000.

17 (14) CENTRAL AND SOUTHERN FLORIDA, IN-

18 DIAN RIVER LAGOON, FLORIDA.—

19 (A) IN GENERAL.—The Secretary may 20 carry out the project for ecosystem restoration, 21 water supply, flood control, and protection of 22 water quality, Central and Southern Florida, 23 Indian River Lagoon, Florida, at a total cost of 24 $1,365,000,000, with an estimated Federal cost 25 of $682,500,000 and an estimated non-Federal

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6 (B) DEAUTHORIZATIONS.—The following 7 projects are not authorized after the date of en- 8 actment of this Act: 9 (i) The uncompleted portions of the 10 project for the C–44 Basin Storage Res- 11 ervoir of the Comprehensive Everglades 12 Restoration Plan, authorized by section 13 601(b)(2)(C)(i) of the Water Resources 14 Development Act of 2000 (114 Stat. 15 2682), at a total cost of $147,800,000, 16 with an estimated Federal cost of 17 $73,900,000 and an estimated non-Federal 18 cost of $73,900,000. 19 (ii) The uncompleted portions of the 20 Martin County, Florida, modifications to 21 the project for Central and Southern Flor- 22 ida, authorized by section 203 of the Flood 23 Control Act of 1968 (82 Stat. 740), at a 24 total cost of $15,471,000, with an esti-

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13 (15) COMPREHENSIVE EVERGLADES RESTORA-

14 TION PLAN, CENTRAL AND SOUTHERN FLORIDA, PIC-

15 AYUNE STRAND RESTORATION PROJECT, COLLIER

16 COUNTY, FLORIDA.—The project for ecosystem res- 17 toration, Comprehensive Everglades Restoration 18 Plan, Central and Southern Florida, Picayune 19 Strand Restoration Project, Collier County, Florida: 20 Report of the Chief of Engineers dated September 21 15, 2005, at a total cost of $375,330,000 with an 22 estimated Federal cost of $187,665,000 and an esti- 23 mated non-Federal cost of $187,665,000.

24 (16) COMPREHENSIVE EVERGLADES RESTORA-

25 TION PLAN, CENTRAL AND SOUTHERN FLORIDA,

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1 SITE 1 IMPOUNDMENT PROJECT, PALM BEACH COUN-

2 TY, FLORIDA.—The project for ecosystem restora- 3 tion, Comprehensive Everglades Restoration Plan, 4 Central and Southern Florida, Site 1 Impoundment 5 Project, Palm Beach County, Florida: Report of the 6 Chief of Engineers dated December 19, 2006, at a 7 total cost of $80,840,000, with an estimated Federal 8 cost of $40,420,000 and an estimated non-Federal 9 cost of $40,420,000.

10 (17) MIAMI HARBOR, MIAMI-DADE COUNTY,

11 FLORIDA.—

12 (A) IN GENERAL.—The project for naviga- 13 tion, Miami Harbor, Miami-Dade County, Flor- 14 ida: Report of the Chief of Engineers dated 15 April 25, 2005, at a total cost of $125,270,000, 16 with an estimated Federal cost of $75,140,000 17 and an estimated non-Federal cost of 18 $50,130,000.

19 (B) GENERAL REEVALUATION REPORT.— 20 The non-Federal share of the cost of the gen- 21 eral reevaluation report that resulted in the re- 22 port of the Chief of Engineers referred to in 23 subparagraph (A) shall be the same percentage 24 as the non-Federal share of cost of construction 25 of the project.

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1 (C) AGREEMENT.—The Secretary shall 2 enter into a new partnership with the non-Fed- 3 eral interest to reflect the cost sharing required 4 by subparagraph (B).

5 (18) EAST ST. LOUIS AND VICINITY, ILLI-

6 NOIS.—The project for environmental restoration 7 and recreation, East St. Louis and Vicinity, Illinois: 8 Report of the Chief of Engineers dated December 9 22, 2004, at a total cost of $208,260,000, with an 10 estimated Federal cost of $134,910,000 and an esti- 11 mated non-Federal cost of $73,350,000.

12 (19) PEORIA RIVERFRONT DEVELOPMENT, ILLI-

13 NOIS.—The project for environmental restoration, 14 Peoria Riverfront Development, Illinois: Report of 15 the Chief of Engineers dated July 28, 2003, at a 16 total cost of $18,220,000, with an estimated Federal 17 cost of $11,840,000 and an estimated non-Federal 18 cost of $6,380,000.

19 (20) WOOD RIVER LEVEE SYSTEM RECON-

20 STRUCTION, MADISON COUNTY, ILLINOIS.—The 21 project for flood damage reduction, Wood River 22 Levee System Reconstruction, Madison County, Illi- 23 nois: Report of the Chief of Engineers dated July 24 18, 2006, at a total cost of $17,220,000, with an es-

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3 (21) DES MOINES AND RACCOON RIVERS, DES

4 MOINES, IOWA.—The project for flood damage re- 5 duction, Des Moines and Raccoon Rivers, Des 6 Moines, Iowa: Report of the Chief of Engineers 7 dated March 28, 2006, at a total cost of 8 $10,780,000, with an estimated Federal cost of 9 $6,967,000 and an estimated non-Federal cost of 10 $3,813,000.

11 (22) LICKING RIVER BASIN, CYNTHIANA, KEN-

12 TUCKY.—The project for flood damage reduction, 13 Licking River Basin, Cynthiana, Kentucky: Report 14 of the Chief of Engineers dated October 24, 2006, 15 at a total cost of $18,200,000, with an estimated 16 Federal cost of $11,830,000 and an estimated non- 17 Federal cost of $6,370,000.

18 (23) BAYOU SORREL LOCK, LOUISIANA.—The 19 project for navigation, Bayou Sorrel Lock, Lou- 20 isiana: Report of the Chief of Engineers dated Janu- 21 ary 3, 2005, at a total cost of $9,600,000. The costs

22 of construction of the project are to be paid 1⁄2 from 23 amounts appropriated from the general fund of the

24 Treasury and 1⁄2 from amounts appropriated from 25 the Inland Waterways Trust Fund.

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1 (24) MORGANZA TO THE GULF OF MEXICO,

2 LOUISIANA.—

3 (A) IN GENERAL.—The project for hurri- 4 cane and storm damage reduction, Morganza to 5 the Gulf of Mexico, Louisiana: Reports of the 6 Chief of Engineers dated August 23, 2002, and 7 July 22, 2003, at a total cost of $886,700,000, 8 with an estimated Federal cost of $576,355,000 9 and an estimated non-Federal cost of 10 $310,345,000.

11 (B) OPERATION AND MAINTENANCE.—The 12 operation, maintenance, repair, rehabilitation, 13 and replacement of the Houma Navigation 14 Canal lock complex and the Gulf Intracoastal 15 Waterway floodgate features of the project de- 16 scribed in subparagraph (A) that provide for in- 17 land waterway transportation shall be a Federal 18 responsibility in accordance with section 102 of 19 the Water Resources Development Act of 1986 20 (33 U.S.C. 2212).

21 (25) PORT OF IBERIA, LOUISIANA.—The project 22 for navigation, Port of Iberia, Louisiana: Report of 23 the Chief of Engineers dated December 31, 2006, at 24 a total cost of $131,250,000, with an estimated Fed- 25 eral cost of $105,315,000 and an estimated non-

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10 (26) SMITH ISLAND, SOMERSET COUNTY, MARY-

11 LAND.—The project for environmental restoration, 12 Smith Island, Somerset County, Maryland: Report 13 of the Chief of Engineers dated October 29, 2001, 14 at a total cost of $15,580,000, with an estimated 15 Federal cost of $10,127,000 and an estimated non- 16 Federal cost of $5,453,000.

17 (27) ROSEAU RIVER, ROSEAU, MINNESOTA.— 18 The project for flood damage reduction, Roseau 19 River, Roseau, Minnesota: Report of the Chief of 20 Engineers dated December 19, 2006, at a total cost 21 of $25,100,000, with an estimated Federal cost of 22 $13,820,000 and an estimated non-Federal cost of 23 $11,280,000.

24 (28) ARGENTINE, EAST BOTTOMS, FAIRFAX-

25 JERSEY CREEK, AND NORTH KANSAS LEVEES UNITS,

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1 MISSOURI RIVER AND TRIBUTARIES AT KANSAS CIT-

2 IES, MISSOURI AND KANSAS.—The project for flood 3 damage reduction, Argentine, East Bottoms, Fair- 4 fax-Jersey Creek, and North Kansas Levees units, 5 Missouri River and tributaries at Kansas Cities, 6 Missouri and Kansas: Report of the Chief of Engi- 7 neers dated December 19, 2006, at a total cost of 8 $65,430,000, with an estimated Federal cost of 9 $42,530,000 and an estimated non-Federal cost of 10 $22,900,000.

11 (29) SWOPE PARK INDUSTRIAL AREA, BLUE

12 RIVER, KANSAS CITY, MISSOURI.—The project for 13 flood damage reduction, Swope Park Industrial 14 Area, Blue River, Kansas City, Missouri: Report of 15 the Chief of Engineers dated December 30, 2003, at 16 a total cost of $16,980,000, with an estimated Fed- 17 eral cost of $11,037,000 and an estimated non-Fed- 18 eral cost of $5,943,000.

19 (30) GREAT EGG HARBOR INLET TO TOWN-

20 SENDS INLET, NEW JERSEY.—The project for hurri- 21 cane and storm damage reduction, Great Egg Har- 22 bor Inlet to Townsends Inlet, New Jersey: Report of 23 the Chief of Engineers dated October 24, 2006, at 24 a total cost of $54,360,000, with an estimated Fed- 25 eral cost of $35,069,000 and an estimated non-Fed-

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6 (31) HUDSON RARITAN ESTUARY, LIBERTY

7 STATE PARK, NEW JERSEY.—

8 (A) IN GENERAL.—The project for envi- 9 ronmental restoration, Hudson Raritan Estu- 10 ary, Liberty State Park, New Jersey: Report of 11 the Chief of Engineers dated August 25, 2006, 12 at a total cost of $34,100,000, with an esti- 13 mated Federal cost of $22,200,000 and an esti- 14 mated non-Federal cost of $11,900,000.

15 (B) RESTORATION TEAMS.—In carrying 16 out the project, the Secretary shall establish 17 and utilize watershed restoration teams com- 18 posed of estuary restoration experts from the 19 Corps of Engineers, the New Jersey department 20 of environmental protection, and the Port Au- 21 thority of New York and New Jersey and other 22 experts designated by the Secretary for the pur- 23 pose of developing habitat restoration and water 24 quality enhancement.

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1 (32) NEW JERSEY SHORE PROTECTION STUDY,

2 MANASQUAN INLET TO BARNEGAT INLET, NEW JER-

3 SEY.—The project for hurricane and storm damage 4 reduction, New Jersey Shore Protection Study, 5 Manasquan Inlet to Barnegat Inlet, New Jersey: Re- 6 port of the Chief of Engineers dated December 30, 7 2003, at a total cost of $71,900,000, with an esti- 8 mated Federal cost of $46,735,000 and an esti- 9 mated non-Federal cost of $25,165,000, and at an 10 estimated total cost of $119,680,000 for periodic 11 beach nourishment over the 50-year life of the 12 project, with an estimated Federal cost of 13 $59,840,000 and an estimated non-Federal cost of 14 $59,840,000.

15 (33) RARITAN BAY AND SANDY HOOK BAY,

16 UNION BEACH, NEW JERSEY.—The project for hurri- 17 cane and storm damage reduction, Raritan Bay and 18 Sandy Hook Bay, Union Beach, New Jersey: Report 19 of the Chief of Engineers dated January 4, 2006, at 20 a total cost of $115,000,000, with an estimated Fed- 21 eral cost of $74,800,000 and an estimated non-Fed- 22 eral cost of $40,200,000, and at an estimated total 23 cost of $6,500,000 for periodic nourishment over the 24 50-year life of the project, with an estimated Federal

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3 (34) SOUTH RIVER, RARITAN RIVER BASIN,

4 NEW JERSEY.—The project for hurricane and storm 5 damage reduction and environmental restoration, 6 South River, Raritan River Basin, New Jersey: Re- 7 port of the Chief of Engineers dated July 22, 2003, 8 at a total cost of $122,300,000, with an estimated 9 Federal cost of $79,500,000 and an estimated non- 10 Federal cost of $42,800,000.

11 (35) SOUTHWEST VALLEY, BERNALILLO COUN-

12 TY, NEW MEXICO.—The project for flood damage re- 13 duction, Southwest Valley, Bernalillo County, New 14 Mexico: Report of the Chief of Engineers dated No- 15 vember 29, 2004, at a total cost of $24,840,000, 16 with an estimated Federal cost of $16,150,000 and 17 an estimated non-Federal cost of $8,690,000.

18 (36) MONTAUK POINT, NEW YORK.—The 19 project for hurricane and storm damage reduction, 20 Montauk Point, New York: Report of the Chief of 21 Engineers dated March 31, 2006, at a total cost of 22 $14,600,000, with an estimated Federal cost of 23 $7,300,000 and an estimated non-Federal cost of 24 $7,300,000.

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1 (37) HOCKING RIVER BASIN, MONDAY CREEK,

2 OHIO.—

3 (A) IN GENERAL.—The project for eco- 4 system restoration, Hocking River Basin, Mon- 5 day Creek, Ohio: Report of the Chief of Engi- 6 neers dated August 24, 2006, at a total cost of 7 $20,980,000, with an estimated Federal cost of 8 $13,440,000 and an estimated non-Federal cost 9 of $7,540,000.

10 (B) WAYNE NATIONAL FOREST.—

11 (i) IN GENERAL.—The Secretary, in 12 cooperation with the Secretary of Agri- 13 culture, may construct other project fea- 14 tures on property that is located in the 15 Wayne National Forest, Ohio, owned by 16 the United States and managed by the 17 Forest Service as described in the report of 18 the Corps of Engineers entitled ‘‘Hocking 19 River Basin, Ohio, Monday Creek Sub- 20 Basin Ecosystem Restoration Project Fea- 21 sibility Report and Environmental Assess- 22 ment’’.

23 (ii) COST.—Each project feature car- 24 ried out on Federal land shall be designed,

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3 (iii) AUTHORIZATION OF APPROPRIA-

4 TIONS.—There is authorized to be appro- 5 priated to the Secretary of Agriculture to 6 carry out this subparagraph $1,270,000.

7 (38) TOWN OF BLOOMSBURG, COLUMBIA COUN-

8 TY, PENNSYLVANIA.—The project for flood damage 9 reduction, town of Bloomsburg, Columbia County, 10 Pennsylvania: Report of the Chief of Engineers 11 dated January 25, 2006, at a total cost of 12 $44,500,000, with an estimated Federal cost of 13 $28,925,000 and an estimated non-Federal cost of 14 $15,575,000.

15 (39) PAWLEYS ISLAND, SOUTH CAROLINA.— 16 The project for hurricane and storm damage reduc- 17 tion, Pawleys Island, South Carolina: Report of the 18 Chief of Engineers dated December 19, 2006, at a 19 total cost of $8,980,000, with an estimated Federal 20 cost of $5,840,000 and an estimated non-Federal 21 cost of $3,140,000, and at an estimated total cost 22 of $21,200,000 for periodic nourishment over the 23 50-year life of the project, with an estimated Federal 24 cost of $10,600,000 and an estimated non-Federal 25 cost of $10,600,000.

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1 (40) CORPUS CHRISTI SHIP CHANNEL, CORPUS

2 CHRISTI, TEXAS.—

3 (A) IN GENERAL.—The project for naviga- 4 tion and ecosystem restoration, Corpus Christi 5 Ship Channel, Texas: Report of the Chief of 6 Engineers dated June 2, 2003, at a total cost 7 of $188,110,000, with an estimated Federal 8 cost of $87,810,000 and an estimated non-Fed- 9 eral cost of $100,300,000.

10 (B) NAVIGATIONAL SERVITUDE.—In car- 11 rying out the project under subparagraph (A), 12 the Secretary shall enforce the navigational ser- 13 vitude in the Corpus Christi Ship Channel (in- 14 cluding the removal or relocation of any facility 15 obstructing the project) consistent with the cost 16 sharing requirements of section 101 of the 17 Water Resources Development Act of 1986 (33 18 U.S.C. 2211).

19 (41) GULF INTRACOASTAL WATERWAY, BRAZOS

20 RIVER TO PORT O’CONNOR, MATAGORDA BAY RE-

21 ROUTE, TEXAS.—The project for navigation, Gulf 22 Intracoastal Waterway, Brazos River to Port O’Con- 23 nor, Matagorda Bay Re-Route, Texas: Report of the 24 Chief of Engineers dated December 24, 2002, at a 25 total cost of $17,280,000. The costs of construction

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1 of the project are to be paid 1⁄2 from amounts appro- 2 priated from the general fund of the Treasury and

3 1⁄2 from amounts appropriated from the Inland Wa- 4 terways Trust Fund.

5 (42) GULF INTRACOASTAL WATERWAY, HIGH

6 ISLAND TO BRAZOS RIVER, TEXAS.—The project for 7 navigation, Gulf Intracoastal Waterway, High Island 8 to Brazos River, Texas: Report of the Chief of Engi- 9 neers dated April 16, 2004, at a total cost of 10 $14,450,000. The costs of construction of the

11 project are to be paid 1⁄2 from amounts appropriated

12 from the general fund of the Treasury and 1⁄2 from 13 amounts appropriated from the Inland Waterways 14 Trust Fund.

15 (43) LOWER COLORADO RIVER BASIN PHASE I,

16 TEXAS.—The project for flood damage reduction and 17 ecosystem restoration, Lower Colorado River Basin 18 Phase I, Texas: Report of the Chief of Engineers 19 dated December 31, 2006, at a total cost of 20 $110,730,000, with an estimated Federal cost of 21 $69,640,000 and an estimated non-Federal cost of 22 $41,090,000.

23 (44) ATLANTIC INTRACOASTAL WATERWAY

24 BRIDGE REPLACEMENT, DEEP CREEK, CHESAPEAKE,

25 VIRGINIA.—The project for Atlantic Intracoastal

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4 (45) CRANEY ISLAND EASTWARD EXPANSION,

5 NORFOLK HARBOR AND CHANNELS, HAMPTON

6 ROADS, VIRGINIA.—

7 (A) IN GENERAL.—The project for naviga- 8 tion, Craney Island Eastward Expansion, Nor- 9 folk Harbor and Channels, Hampton Roads, 10 Virginia: Report of Chief of Engineers dated 11 October 24, 2006, at a total cost of 12 $712,103,000.

13 (B) NON-FEDERAL SHARE.—Notwith- 14 standing sections 101 and 103 of the Water 15 Resources Development Act of 1986 (33 U.S.C. 16 2211 and 2213), the Federal share of the cost 17 of the project shall be 50 percent.

18 (46) CENTRALIA, CHEHALIS RIVER, LEWIS

19 COUNTY, WASHINGTON.—

20 (A) IN GENERAL.—The project for flood 21 damage reduction, Centralia, Chehalis River, 22 Lewis County, Washington: Report of the Chief 23 of Engineers dated September 27, 2004, at a 24 total cost of $123,770,000, with an estimated

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3 (B) CREDIT.—The Secretary shall— 4 (i) credit, in accordance with section 5 221 of the Flood Control Act of 1970 (42 6 U.S.C. 1962d–5b), toward the non-Federal 7 share of the cost of the project up to 8 $6,500,000 for the cost of planning and 9 design work carried out by the non-Federal 10 interest in accordance with the project 11 study plan dated November 28, 1999; and 12 (ii) credit toward the non-Federal 13 share of the cost of the project the cost of 14 design and construction work carried out 15 by the non-Federal interest before the date 16 of the partnership agreement for the 17 project if the Secretary determines that the 18 work is integral to the project.

19 SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUC-

20 TION.

21 (a) IN GENERAL.—The Secretary shall conduct a 22 study for each of the following projects and, if the Sec- 23 retary determines that a project is feasible, may carry out 24 the project under section 205 of the Flood Control Act 25 of 1948 (33 U.S.C. 701s):

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1 (1) HALEYVILLE, ALABAMA.—Project for flood 2 damage reduction, Haleyville, Alabama.

3 (2) WEISS LAKE, ALABAMA.—Project for flood 4 damage reduction, Weiss Lake, Alabama.

5 (3) FORT YUKON, ALASKA.—Project for flood 6 damage reduction, Fort Yukon, Alaska.

7 (4) LITTLE COLORADO RIVER LEVEE, ARI-

8 ZONA.—Project for flood damage reduction, Little 9 Colorado River Levee, Arizona.

10 (5) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— 11 Project for flood damage reduction, Cache River 12 Basin, Grubbs, Arkansas.

13 (6) BARREL SPRINGS WASH, PALMDALE, CALI-

14 FORNIA.—Project for flood damage reduction, Barrel 15 Springs Wash, Palmdale, California.

16 (7) BORREGO SPRINGS, CALIFORNIA.—Project 17 for flood damage reduction, Borrego Springs, Cali- 18 fornia.

19 (8) COLTON, CALIFORNIA.—Project for flood 20 damage reduction, Colton, California.

21 (9) DUNLAP STREAM, YUCAIPA, CALIFORNIA.— 22 Project for flood damage reduction, Dunlap Stream, 23 Yucaipa, California.

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1 (10) HUNTS CANYON WASH, PALMDALE, CALI-

2 FORNIA.—Project for flood damage reduction, Hunts 3 Canyon Wash, Palmdale, California.

4 (11) ONTARIO AND CHINO, CALIFORNIA.— 5 Project for flood damage reduction, Ontario and 6 Chino, California.

7 (12) SANTA VENETIA, CALIFORNIA.—Project 8 for flood damage reduction, Santa Venetia, Cali- 9 fornia.

10 (13) WHITTIER, CALIFORNIA.—Project for flood 11 damage reduction, Whittier, California.

12 (14) WILDWOOD CREEK, YUCAIPA, CALI-

13 FORNIA.—Project for flood damage reduction, Wild- 14 wood Creek, Yucaipa, California.

15 (15) BIBB COUNTY AND CITY OF MACON

16 LEVEE, GEORGIA.—Project for flood damage reduc- 17 tion, Bibb County and City of Macon Levee, Geor- 18 gia.

19 (16) FORT WAYNE AND VICINITY, INDIANA.— 20 Project for flood damage reduction, St. Mary’s and 21 Maumee Rivers, Fort Wayne and vicinity, Indiana.

22 (17) ST. FRANCISVILLE, LOUSIANA.—Project 23 for flood damage reduction, St. Francisville, Lou- 24 isiana.

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1 (18) SALEM, MASSACHUSETTS.—Project for 2 flood damage reduction, Salem, Massachusetts.

3 (19) CASS RIVER, MICHIGAN.—Project for flood 4 damage reduction, Cass River, Vassar and vicinity, 5 Michigan.

6 (20) CROW RIVER, ROCKFORD, MINNESOTA.— 7 Project for flood damage reduction, Crow River, 8 Rockford, Minnesota.

9 (21) MARSH CREEK, MINNESOTA.—Project for 10 flood damage reduction, Marsh Creek, Minnesota.

11 (22) SOUTH BRANCH OF THE WILD RICE RIVER,

12 BORUP, MINNESOTA.—Project for flood damage re- 13 duction, South Branch of the Wild Rice River, 14 Borup, Minnesota.

15 (23) BLACKSNAKE CREEK, ST. JOSEPH, MIS-

16 SOURI.—Project for flood damage reduction, Black- 17 snake Creek, St. Joseph, Missouri.

18 (24) ACID BROOK, POMPTON LAKES, NEW JER-

19 SEY.—Project for flood damage reduction, Acid 20 Brook, Pompton Lakes, New Jersey.

21 (25) CANISTEO RIVER, ADDISON, NEW YORK.— 22 Project for flood damage reduction, Canisteo River, 23 Addison, New York.

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1 (26) COHOCTON RIVER, CAMPBELL, NEW

2 YORK.—Project for flood damage reduction, 3 Cohocton River, Campbell, New York.

4 (27) DRY AND OTTER CREEKS, CORTLAND, NEW

5 YORK.—Project for flood damage reduction, Dry and 6 Otter Creeks, Cortland, New York.

7 (28) EAST RIVER, SILVER BEACH, NEW YORK

8 CITY, NEW YORK.—Project for flood damage reduc- 9 tion, East River, Silver Beach, New York City, New 10 York.

11 (29) EAST VALLEY CREEK, ANDOVER, NEW

12 YORK.—Project for flood damage reduction, East 13 Valley Creek, Andover, New York.

14 (30) SUNNYSIDE BROOK, WESTCHESTER COUN-

15 TY, NEW YORK.—Project for flood damage reduction, 16 Sunnyside Brook, Westchester County, New York.

17 (31) LITTLE YANKEE AND MUD RUN, TRUM-

18 BULL COUNTY, OHIO.—Project for flood damage re- 19 duction, Little Yankee and Mud Run, Trumbull 20 County, Ohio.

21 (32) LITTLE NESHAMINY CREEK, WARRINGTON,

22 PENNSYLVANIA.—Project for flood damage reduc- 23 tion, Little Neshaminy Creek, Warrington, Pennsyl- 24 vania.

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1 (33) SOUTHAMPTON CREEK WATERSHED,

2 SOUTHAMPTON, PENNSYLVANIA.—Project for flood 3 damage reduction, Southampton Creek watershed, 4 Southampton, Pennsylvania.

5 (34) SPRING CREEK, LOWER MACUNGIE TOWN-

6 SHIP, PENNSYLVANIA.—Project for flood damage re- 7 duction, Spring Creek, Lower Macungie Township, 8 Pennsylvania.

9 (35) YARDLEY AQUEDUCT, SILVER AND BROCK

10 CREEKS, YARDLEY, PENNSYLVANIA.—Project for 11 flood damage reduction, Yardley Aqueduct, Silver 12 and Brock Creeks, Yardley, Pennsylvania.

13 (36) SURFSIDE BEACH, SOUTH CAROLINA.— 14 Project for flood damage reduction, Surfside Beach 15 and vicinity, South Carolina.

16 (37) SANDY CREEK, JACKSON COUNTY, TEN-

17 NESSEE.—A project for flood damage reduction, 18 Sandy Creek, Jackson County, Tennessee.

19 (38) CONGELOSI DITCH, MISSOURI CITY,

20 TEXAS.—Project for flood damage reduction, 21 Congelosi Ditch, Missouri City, Texas.

22 (39) DILLEY, TEXAS.—Project for flood dam- 23 age reduction, Dilley, Texas.

24 (40) CHEYENNE, WYOMING.—Project for flood 25 damage reduction, Cheyenne, Wyoming.

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1 (b) SPECIAL RULES.—

2 (1) CACHE RIVER BASIN, GRUBBS, ARKANSAS.— 3 The Secretary may proceed with the project for the 4 Cache River Basin, Grubbs, Arkansas, referred to in 5 subsection (a)(5), notwithstanding that the project is 6 located within the boundaries of the flood control 7 project, Cache River Basin, Arkansas and Missouri, 8 authorized by section 204 of the Flood Control Act 9 of 1950, (64 Stat. 172) and modified by section 99 10 of the Water Resources Development Act of 1974 11 (88 Stat. 41).

12 (2) ONTARIO AND CHINO, CALIFORNIA.—The 13 Secretary shall carry out the project for flood dam- 14 age reduction, Ontario and Chino, California, re- 15 ferred to in subsection (a)(11) if the Secretary de- 16 termines that the project is feasible.

17 (3) SANTA VENETIA, CALIFORNIA.—The Sec- 18 retary shall carry out the project for flood damage 19 reduction, Santa Venetia, California, referred to in 20 subsection (a)(12) if the Secretary determines that 21 the project is feasible and shall allow the non-Fed- 22 eral interest to participate in the financing of the 23 project in accordance with section 903(c) of the 24 Water Resources Development Act of 1986 (100 25 Stat. 4184) to the extent that the Secretary’s eval-

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3 (4) WHITTIER, CALIFORNIA.—The Secretary 4 shall carry out the project for flood damage reduc- 5 tion, Whittier, California, referred to in subsection 6 (a)(13) if the Secretary determines that the project 7 is feasible.

8 (5) WILDWOOD CREEK, YUCAIPA, CALI-

9 FORNIA.—The Secretary shall review the locally pre- 10 pared plan for the project for flood damage, Wild- 11 wood Creek, California, referred to in subsection 12 (a)(14) and, if the Secretary determines that the 13 plan meets the evaluation and design standards of 14 the Corps of Engineers and that the plan is feasible, 15 the Secretary may use the plan to carry out the 16 project and shall provide credit toward the non-Fed- 17 eral share of the cost of the project for the cost of 18 work carried out by the non-Federal interest before 19 the date of the partnership agreement for the 20 project if the Secretary determines that the work is 21 integral to the project.

22 (6) FORT WAYNE AND VICINITY, INDIANA.—In 23 carrying out the project for flood damage reduction, 24 St. Mary’s and Maumee Rivers, Fort Wayne and vi-

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14 (7) SOUTH BRANCH OF THE WILD RICE RIVER,

15 BORUP, MINNESOTA.—In carrying out the project for 16 flood damage reduction, South Branch of the Wild 17 Rice River, Borup, Minnesota, referred to in sub- 18 section (a)(22) the Secretary may consider national 19 ecosystem restoration benefits in determining the 20 Federal interest in the project and shall allow the 21 non-Federal interest to participate in the financing 22 of the project in accordance with section 903(c) of 23 the Water Resources Development Act of 1986 (100 24 Stat. 4184) to the extent that the Secretary’s eval-

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3 (8) ACID BROOK, POMPTON LAKES, NEW JER-

4 SEY.—The Secretary shall carry out the project for 5 flood damage reduction, Acid Brook, Pompton 6 Lakes, New Jersey, referred to in subsection (a)(24) 7 if the Secretary determines that the project is fea- 8 sible.

9 (9) SANDY CREEK, TENNESSEE.—Consistent 10 with the report of the Chief of Engineers dated 11 March 24, 1948, on the West Tennessee Tributaries 12 project, in carrying out the project for flood damage 13 reduction, Sandy Creek, Tennessee, referred to in 14 section (a)(37)— 15 (A) Sandy Creek shall not be considered to 16 be an authorized channel of the West Tennessee 17 Tributaries project; and 18 (B) the project shall not be considered to 19 be part of the West Tennessee Tributaries 20 project.

21 (10) DILLEY, TEXAS.—The Secretary shall 22 carry out the project for flood damage reduction, 23 Dilley, Texas, referred to in subsection (a)(39) if the 24 Secretary determines that the project is feasible.

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2 STREAMBANK PROTECTION. 3 The Secretary shall conduct a study for each of the 4 following projects and, if the Secretary determines that 5 a project is feasible, may carry out the project under sec- 6 tion 14 of the Flood Control Act of 1946 (33 U.S.C. 7 701r):

8 (1) ALISO CREEK, CALIFORNIA.—Projects for 9 emergency streambank protection, Aliso Creek, Cali- 10 fornia.

11 (2) ST. JOHNS BLUFF TRAINING WALL, DUVAL

12 COUNTY, FLORIDA.—Project for emergency 13 streambank protection, St. Johns Bluff Training 14 Wall, Duval County, Florida.

15 (3) GULF INTRACOASTAL WATERWAY,

16 IBERVILLE PARISH, LOUISIANA.—Projects for emer- 17 gency streambank protection, Gulf Intracoastal Wa- 18 terway, Iberville Parish, Louisiana.

19 (4) OUACHITA AND BLACK RIVERS, ARKANSAS

20 AND LOUISIANA.—Projects for emergency 21 streambank protection, Ouachita and Black Rivers, 22 Arkansas and Louisiana.

23 (5) PINEY POINT LIGHTHOUSE, ST. MARY’S

24 COUNTY, MARYLAND.—Project for emergency 25 streambank protection, Piney Point Lighthouse, St. 26 Mary’s County, Maryland.

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1 (6) PUG HOLE LAKE, MINNESOTA.—Project for 2 emergency streambank protection, Pug Hole Lake, 3 Minnesota.

4 (7) MIDDLE FORK GRAND RIVER, GENTRY

5 COUNTY, MISSOURI.—Project for emergency 6 streambank protection, Middle Fork Grand River, 7 Gentry County, Missouri.

8 (8) PLATTE RIVER, PLATTE CITY, MISSOURI.— 9 Project for emergency streambank protection, Platte 10 River, Platte City, Missouri.

11 (9) RUSH CREEK, PARKVILLE, MISSOURI.— 12 Project for emergency streambank protection, Rush 13 Creek, Parkville, Missouri, including measures to ad- 14 dress degradation of the creek bed.

15 (10) DRY AND OTTER CREEKS, CORTLAND

16 COUNTY, NEW YORK.—Project for emergency 17 streambank protection, Dry and Otter Creeks, 18 Cortland County, New York.

19 (11) KEUKA LAKE, HAMMONDSPORT, NEW

20 YORK.—Project for emergency streambank protec- 21 tion, Keuka Lake, Hammondsport, New York.

22 (12) KOWAWESE UNIQUE AREA AND HUDSON

23 RIVER, NEW WINDSOR, NEW YORK.—Project for 24 emergency streambank protection, Kowawese Unique 25 Area and Hudson River, New Windsor, New York.

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1 (13) OWEGO CREEK, TIOGA COUNTY, NEW

2 YORK.—Project for emergency streambank protec- 3 tion, Owego Creek, Tioga County, New York.

4 (14) HOWARD ROAD OUTFALL, SHELBY COUN-

5 TY, TENNESSEE.—Project for emergency 6 streambank protection, Howard Road outfall, Shelby 7 County, Tennessee.

8 (15) MITCH FARM DITCH AND LATERAL D,

9 SHELBY COUNTY, TENNESSEE.—Project for emer- 10 gency streambank protection, Mitch Farm Ditch and 11 Lateral D, Shelby County, Tennessee.

12 (16) WOLF RIVER TRIBUTARIES, SHELBY COUN-

13 TY, TENNESSEE.—Project for emergency 14 streambank protection, Wolf River tributaries, Shel- 15 by County, Tennessee.

16 (17) JOHNSON CREEK, ARLINGTON, TEXAS.— 17 Project for emergency streambank protection, John- 18 son Creek, Arlington, Texas.

19 (18) WELLS RIVER, NEWBURY, VERMONT.— 20 Project for emergency streambank protection, Wells 21 River, Newbury, Vermont.

22 SEC. 1004. SMALL PROJECTS FOR NAVIGATION.

23 (a) IN GENERAL.—The Secretary shall conduct a 24 study for each of the following projects and, if the Sec- 25 retary determines that a project is feasible, may carry out

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3 (1) BARROW HARBOR, ALASKA.—Project for 4 navigation, Barrow Harbor, Alaska.

5 (2) COFFMAN COVE, ALASKA.—Project for navi- 6 gation, Coffman Cove, Alaska.

7 (3) KOTZEBUE HARBOR, ALASKA.—Project for 8 navigation, Kotzebue Harbor, Alaska.

9 (4) NOME HARBOR, ALASKA.—Project for navi- 10 gation, Nome Harbor, Alaska.

11 (5) OLD HARBOR, ALASKA.—Project for naviga- 12 tion, Old Harbor, Alaska.

13 (6) LITTLE ROCK PORT, ARKANSAS.—Project 14 for navigation, Little Rock Port, Arkansas River, 15 Arkansas.

16 (7) MISSISSIPPI RIVER SHIP CHANNEL, LOU-

17 ISIANA.—Project for navigation, Mississippi River 18 Ship Channel, Louisiana.

19 (8) EAST BASIN, CAPE COD CANAL, SANDWICH,

20 MASSACHUSETTS.—Project for navigation, East 21 Basin, Cape Cod Canal, Sandwich, Massachusetts.

22 (9) LYNN HARBOR, LYNN, MASSACHUSETTS.— 23 Project for navigation, Lynn Harbor, Lynn, Massa- 24 chusetts.

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1 (10) MERRIMACK RIVER, HAVERHILL, MASSA-

2 CHUSETTS.—Project for navigation, Merrimack 3 River, Haverhill, Massachusetts.

4 (11) OAK BLUFFS HARBOR, OAK BLUFFS, MAS-

5 SACHUSETTS.—Project for navigation, Oak Bluffs 6 Harbor, Oak Bluffs, Massachusetts.

7 (12) WOODS HOLE GREAT HARBOR, FALMOUTH,

8 MASSACHUSETTS.—Project for navigation, Woods 9 Hole Great Harbor, Falmouth, Massachusetts.

10 (13) AU SABLE RIVER, MICHIGAN.—Project for 11 navigation, Au Sable River in the vicinity of Oscoda, 12 Michigan.

13 (14) CLINTON RIVER, MICHIGAN.—Project for 14 navigation, Clinton River, Michigan.

15 (15) ONTONAGON RIVER, MICHIGAN.—Project 16 for navigation, Ontonagon River, Ontonagon, Michi- 17 gan.

18 (16) OUTER CHANNEL AND INNER HARBOR,

19 MENOMINEE HARBOR, MICHIGAN AND WISCONSIN.— 20 Project for navigation, Outer Channel and Inner 21 Harbor, Menominee Harbor, Michigan and Wis- 22 consin.

23 (17) SEBEWAING RIVER, MICHIGAN.—Project 24 for navigation, Sebewaing River, Michigan.

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1 (18) TRAVERSE CITY HARBOR, TRAVERSE CITY,

2 MICHIGAN.—Project for navigation, Traverse City 3 Harbor, Traverse City, Michigan.

4 (19) TOWER HARBOR, TOWER, MINNESOTA.— 5 Project for navigation, Tower Harbor, Tower, Min- 6 nesota.

7 (20) OLCOTT HARBOR, OLCOTT, NEW YORK.— 8 Project for navigation, Olcott Harbor, Olcott, New 9 York.

10 (21) MILWAUKEE HARBOR, WISCONSIN.— 11 Project for navigation, Milwaukee Harbor, Mil- 12 waukee, Wisconsin.

13 (b) SPECIAL RULES.—

14 (1) TRAVERSE CITY HARBOR, TRAVERSE CITY,

15 MICHIGAN.—The Secretary shall review the locally 16 prepared plan for the project for navigation, Tra- 17 verse City Harbor, Michigan, referred to in sub- 18 section (a)(18), and, if the Secretary determines 19 that the plan meets the evaluation and design stand- 20 ards of the Corps of Engineers and that the plan is 21 feasible, the Secretary may use the plan to carry out 22 the project and shall provide credit toward the non- 23 Federal share of the cost of the project for the cost 24 of work carried out by the non-Federal interest be- 25 fore the date of the partnership agreement for the

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3 (2) TOWER HARBOR, TOWER MINNESOTA.—The 4 Secretary shall carry out the project for navigation, 5 Tower Harbor, Tower, Minnesota, referred to in 6 subsection (a)(19) if the Secretary determines that 7 the project is feasible.

8 SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE

9 QUALITY OF THE ENVIRONMENT. 10 The Secretary shall conduct a study for each of the 11 following projects and, if the Secretary determines that 12 a project is appropriate, may carry out the project under 13 section 1135 of the Water Resources Development Act of 14 1986 (33 U.S.C. 2309a):

15 (1) BALLONA CREEK, LOS ANGELES COUNTY,

16 CALIFORNIA.—Project for improvement of the qual- 17 ity of the environment, Ballona Creek, Los Angeles 18 County, California.

19 (2) BALLONA LAGOON TIDE GATES, MARINA

20 DEL REY, CALIFORNIA.—Project for improvement of 21 the quality of the environment, Ballona Lagoon Tide 22 Gates, Marina Del Rey, California.

23 (3) FT. GEORGE INLET, DUVAL COUNTY, FLOR-

24 IDA.—Project for improvement of the quality of the

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3 (4) RATHBUN LAKE, IOWA.—Project for im- 4 provement of the quality of the environment, 5 Rathbun Lake, Iowa.

6 (5) SMITHVILLE LAKE, MISSOURI.—Project for 7 improvement of the quality of the environment, 8 Smithville Lake, Missouri.

9 (6) DELAWARE BAY, NEW JERSEY AND DELA-

10 WARE.—Project for improvement of the quality of 11 the environment, Delaware Bay, New Jersey and 12 Delaware, for the purpose of oyster restoration.

13 (7) TIOGA-HAMMOND LAKES, PENNSYLVANIA.— 14 Project for improvement of the quality of the envi- 15 ronment, Tioga-Hammond Lakes, Pennsylvania.

16 SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM

17 RESTORATION.

18 (a) IN GENERAL.—The Secretary shall conduct a 19 study for each of the following projects and, if the Sec- 20 retary determines that a project is appropriate, may carry 21 out the project under section 206 of the Water Resources 22 Development Act of 1996 (33 U.S.C. 2330):

23 (1) CYPRESS CREEK, MONTGOMERY, ALA-

24 BAMA.—Project for aquatic ecosystem restoration, 25 Cypress Creek, Montgomery, Alabama.

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1 (2) BLACK LAKE, ALASKA.—Project for aquatic 2 ecosystem restoration, Black Lake, Alaska, at the 3 head of the Chignik watershed.

4 (3) BEN LOMOND DAM, SANTA CRUZ, CALI-

5 FORNIA.—Project for aquatic ecosystem restoration, 6 Ben Lomond Dam, Santa Cruz, California.

7 (4) DOCKWEILER BLUFFS, LOS ANGELES COUN-

8 TY, CALIFORNIA.—Project for aquatic ecosystem res- 9 toration, Dockweiler Bluffs, Los Angeles County, 10 California.

11 (5) SALT RIVER, CALIFORNIA.—Project for 12 aquatic ecosystem restoration, Salt River, California.

13 (6) SAN DIEGO RIVER, CALIFORNIA.—Project 14 for aquatic ecosystem restoration, San Diego River, 15 California, including efforts to address aquatic nui- 16 sance species.

17 (7) SANTA ROSA CREEK, SANTA ROSA, CALI-

18 FORNIA.—Project for aquatic ecosystem restoration, 19 Santa Rosa Creek in the vicinity of the Prince Me- 20 morial Greenway, Santa Rosa, California.

21 (8) STOCKTON DEEP WATER SHIP CHANNEL

22 AND LOWER SAN JOAQUIN RIVER, CALIFORNIA.— 23 Project for aquatic ecosystem restoration, Stockton 24 Deep Water Ship Channel and lower San Joaquin 25 River, California.

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1 (9) SUISUN MARSH, SAN PABLO BAY, CALI-

2 FORNIA.—Project for aquatic ecosystem restoration, 3 Suisun Marsh, San Pablo Bay, California.

4 (10) SWEETWATER RESERVOIR, SAN DIEGO

5 COUNTY, CALIFORNIA.—Project for aquatic eco- 6 system restoration, Sweetwater Reservoir, San Diego 7 County, California, including efforts to address 8 aquatic nuisance species.

9 (11) BISCAYNE BAY, FLORIDA.—Project for 10 aquatic ecosystem restoration, Biscayne Bay, Key 11 Biscayne, Florida.

12 (12) CLAM BAYOU AND DINKINS BAYOU,

13 SANIBEL ISLAND, FLORIDA.—Project for aquatic 14 ecosystem restoration, Clam Bayou and Dinkins 15 Bayou, Sanibel Island, Florida.

16 (13) MOUNTAIN PARK, GEORGIA.—Project for 17 aquatic ecosystem restoration, Mountain Park, Geor- 18 gia.

19 (14) CHATTAHOOCHEE FALL LINE, GEORGIA

20 AND ALABAMA.—Project for aquatic ecosystem res- 21 toration, Chattahoochee Fall Line, Georgia and Ala- 22 bama.

23 (15) LONGWOOD COVE, GAINESVILLE, GEOR-

24 GIA.—Project for aquatic ecosystem restoration, 25 Longwood Cove, Gainesville, Georgia.

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1 (16) CITY PARK, UNIVERSITY LAKES, LOU-

2 ISIANA.—Project for aquatic ecosystem restoration, 3 City Park, University Lakes, Louisiana.

4 (17) LAWRENCE GATEWAY, MASSACHUSETTS.— 5 Project for aquatic ecosystem restoration at the 6 Lawrence Gateway quadrant project along the 7 Merrimack and Spicket Rivers in Lawrence, Massa- 8 chusetts, in accordance with the general conditions 9 established by the project approval of the Environ- 10 mental Protection Agency, Region I, including filling 11 abandoned drainage facilities and making improve- 12 ments to the drainage system on the Lawrence Gate- 13 way to prevent continued migration of contaminated 14 sediments into the river systems.

15 (18) MILFORD POND, MILFORD, MASSACHU-

16 SETTS.—Project for aquatic ecosystem restoration, 17 Milford Pond, Milford, Massachusetts.

18 (19) MILL POND, LITTLETON, MASSACHU-

19 SETTS.—Project for aquatic ecosystem restoration, 20 Mill Pond, Littleton, Massachusetts.

21 (20) PINE TREE BROOK, MILTON, MASSACHU-

22 SETTS.—Project for aquatic ecosystem restoration, 23 Pine Tree Brook, Milton, Massachusetts.

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1 (21) CLINTON RIVER, MICHIGAN.—Project for 2 aquatic ecosystem restoration, Clinton River, Michi- 3 gan.

4 (22) KALAMAZOO RIVER WATERSHED, BATTLE

5 CREEK, MICHIGAN.—Project for aquatic ecosystem 6 restoration, Kalamazoo River watershed, Battle 7 Creek, Michigan.

8 (23) RUSH LAKE, MINNESOTA.—Project for 9 aquatic ecosystem restoration, Rush Lake, Min- 10 nesota.

11 (24) SOUTH FORK OF THE CROW RIVER,

12 HUTCHINSON, MINNESOTA.—Project for aquatic eco- 13 system restoration, South Fork of the Crow River, 14 Hutchinson, Minnesota.

15 (25) ST. LOUIS, MISSOURI.—Project for aquatic 16 ecosystem restoration, St. Louis, Missouri.

17 (26) MOBLEY DAM, TONGUE RIVER, MON-

18 TANA.—Project for aquatic ecosystem restoration, 19 Mobley Dam, Tongue River, Montana.

20 (27) S AND H DAM, TONGUE RIVER, MON-

21 TANA.—Project for aquatic ecosystem restoration, S 22 and H Dam, Tongue River, Montana.

23 (28) VANDALIA DAM, MILK RIVER, MONTANA.— 24 Project for aquatic ecosystem restoration, Vandalia 25 Dam, Milk River, Montana.

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1 (29) TRUCKEE RIVER, RENO, NEVADA.—Project 2 for aquatic ecosystem restoration, Truckee River, 3 Reno, Nevada, including features for fish passage in 4 Washoe County.

5 (30) GROVER’S MILL POND, NEW JERSEY.— 6 Project for aquatic ecosystem restoration, Grover’s 7 Mill Pond, New Jersey.

8 (31) CALDWELL COUNTY, NORTH CAROLINA.— 9 Project for aquatic ecosystem restoration, Caldwell 10 County, North Carolina.

11 (32) MECKLENBURG COUNTY, NORTH CARO-

12 LINA.—Project for aquatic ecosystem restoration, 13 Mecklenburg County, North Carolina.

14 (33) DUGWAY CREEK, BRATENAHL, OHIO.— 15 Project for aquatic ecosystem restoration, Dugway 16 Creek, Bratenahl, Ohio.

17 (34) JOHNSON CREEK, GRESHAM, OREGON.— 18 Project for aquatic ecosystem restoration, Johnson 19 Creek, Gresham, Oregon.

20 (35) BEAVER CREEK, BEAVER AND SALEM,

21 PENNSYLVANIA.—Project for aquatic ecosystem res- 22 toration, Beaver Creek, Beaver and Salem, Pennsyl- 23 vania.

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1 (36) CEMENTON DAM, LEHIGH RIVER, PENN-

2 SYLVANIA.—Project for aquatic ecosystem restora- 3 tion, Cementon Dam, Lehigh River, Pennsylvania.

4 (37) INGHAM SPRING DAM, SOLEBURY TOWN-

5 SHIP, PENNSYLVANIA.—Project for aquatic eco- 6 system restoration, Ingham Spring Dam, Solebury 7 Township, Pennsylvania.

8 (38) SAUCON CREEK, NORTHAMPTON COUNTY,

9 PENNSYLVANIA.—Project for aquatic ecosystem res- 10 toration, Saucon Creek, Northampton County, Penn- 11 sylvania.

12 (39) STILLWATER LAKE DAM, MONROE COUN-

13 TY, PENNSYLVANIA.—Project for aquatic ecosystem 14 restoration, Stillwater Lake Dam, Monroe County, 15 Pennsylvania.

16 (40) BLACKSTONE RIVER, RHODE ISLAND.— 17 Project for aquatic ecosystem restoration, Black- 18 stone River, Rhode Island.

19 (41) WILSON BRANCH, CHERAW, SOUTH CARO-

20 LINA.—Project for aquatic ecosystem restoration, 21 Wilson Branch, Cheraw, South Carolina.

22 (42) WHITE RIVER, BETHEL, VERMONT.— 23 Project for aquatic ecosystem restoration, White 24 River, Bethel, Vermont.

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1 (43) COLLEGE LAKE, LYNCHBURG, VIRGINIA.— 2 Project for aquatic ecosystem restoration, College 3 Lake, Lynchburg, Virginia.

4 (b) SPECIAL RULES.—

5 (1) BLACK LAKE, ALASKA.—The Secretary shall 6 carry out the project for aquatic ecosystem restora- 7 tion, Black Lake, Alaska referred to in subsection 8 (a)(2) if the Secretary determines that the project is 9 appropriate.

10 (2) TRUCKEE RIVER, RENO, NEVADA.—The 11 maximum amount of Federal funds that may be ex- 12 pended for the project for aquatic ecosystem restora- 13 tion, Truckee River, Reno, Nevada, referred to in 14 subsection (a)(29) shall be $6,000,000 and the Sec- 15 retary shall carry out the project if the Secretary de- 16 termines that the project is appropriate.

17 (3) BLACKSTONE RIVER, RHODE ISLAND.—The 18 Secretary shall carry out the project for aquatic eco- 19 system restoration, Blackstone River, Rhode Island, 20 referred to in subsection (a)(40) if the Secretary de- 21 termines that the project is appropriate.

22 (4) COLLEGE LAKE, LYNCHBURG, VIRGINIA.— 23 The Secretary shall carry out the project for aquatic 24 ecosystem restoration, College Lake, Lynchburg,

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3 SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTEC-

4 TION. 5 The Secretary shall conduct a study for each of the 6 following projects and, if the Secretary determines that 7 a project is feasible, may carry out the project under sec- 8 tion 3 of the Act entitled ‘‘An Act authorizing Federal 9 participation in the cost of protecting the shores of pub- 10 licly owned property’’, approved August 13, 1946 (33 11 U.S.C. 426g):

12 (1) NELSON LAGOON, ALASKA.—Project for 13 shoreline protection, Nelson Lagoon, Alaska.

14 (2) NICHOLAS CANYON, LOS ANGELES, CALI-

15 FORNIA.—Project for shoreline protection, Nicholas 16 Canyon, Los Angeles, California.

17 (3) SANIBEL ISLAND, FLORIDA.—Project for 18 shoreline protection, Sanibel Island, Florida.

19 (4) APRA HARBOR, GUAM.—Project for shore- 20 line protection, Apra Harbor, Guam.

21 (5) PITI, CABRAS ISLAND, GUAM.—Project for 22 shoreline protection, Piti, Cabras Island, Guam.

23 (6) NARROWS AND GRAVESEND BAY, UPPER

24 NEW YORK BAY, BROOKLYN, NEW YORK.—Project 25 for shoreline protection in the vicinity of the con-

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4 (7) DELAWARE RIVER, PHILADELPHIA NAVAL

5 SHIPYARD, PENNSYLVANIA.—Project for shoreline 6 protection, Delaware River in the vicinity of the 7 Philadelphia Naval Shipyard, Pennsylvania.

8 (8) PORT ARANSAS, TEXAS.—Project for shore- 9 line protection, Port Aransas, Texas.

10 SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDI-

11 MENT REMOVAL. 12 The Secretary shall conduct a study for the following 13 project and, if the Secretary determines that the project 14 is feasible, the Secretary may carry out the project under 15 section 2 of the Flood Control Act of August 28, 1937 16 (33 U.S.C. 701g): Project for removal of snags and clear- 17 ing and straightening of channels for flood control, 18 Kowawese Unique Area and Hudson River, New Windsor, 19 New York.

20 SEC. 1009. SMALL PROJECTS TO PREVENT OR MITIGATE

21 DAMAGE CAUSED BY NAVIGATION PROJECTS. 22 The Secretary shall conduct a study for each of the 23 following projects and, if the Secretary determines that 24 a project is feasible, may carry out the project under sec-

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5 SEC. 1010. SMALL PROJECTS FOR AQUATIC PLANT CON-

6 TROL.

7 (a) IN GENERAL.—The Secretary is authorized to 8 carry out a project for aquatic nuisance plant control in 9 the Republican River Basin, Nebraska, under section 104 10 of the River and Harbor Act of 1958 (33 U.S.C. 610).

11 (b) SPECIAL RULE.—In carrying out the project 12 under subsection (a), the Secretary may control and eradi- 13 cate riverine nuisance plants. 14 TITLE II—GENERAL PROVISIONS

15 SEC. 2001. NON-FEDERAL CONTRIBUTIONS. 16 Section 103 of the Water Resources Development Act 17 of 1986 (33 U.S.C. 2213) is amended by adding at the 18 end the following:

19 ‘‘(n) NON-FEDERAL CONTRIBUTIONS.—

20 ‘‘(1) PROHIBITION ON SOLICITATION OF EX-

21 CESS CONTRIBUTIONS.—The Secretary may not— 22 ‘‘(A) solicit contributions from non-Federal 23 interests for costs of constructing authorized 24 water resources projects or measures in excess 25 of the non-Federal share assigned to the appro-

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6 ‘‘(2) LIMITATION ON STATUTORY CONSTRUC-

7 TION.—Nothing in this subsection shall be construed 8 to affect the Secretary’s authority under section 9 903(c).’’.

10 SEC. 2002. FUNDING TO PROCESS PERMITS. 11 Section 214(c) of the Water Resources Development 12 Act of 2000 (33 U.S.C. 2201 note; 114 Stat. 2594; 119 13 Stat. 2169; 120 Stat. 318; 120 Stat. 3197) is amended 14 by striking ‘‘2008’’ and inserting ‘‘2009’’.

15 SEC. 2003. WRITTEN AGREEMENT FOR WATER RESOURCES

16 PROJECTS.

17 (a) IN GENERAL.—Section 221 of the Flood Control 18 Act of 1970 (42 U.S.C. 1962d–5b) is amended—

19 (1) by striking ‘‘SEC. 221.’’ and inserting the 20 following:

21 ‘‘SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR

22 WATER RESOURCES PROJECTS.’’; 23 (2) by striking subsection (a) and inserting the 24 following:

25 ‘‘(a) COOPERATION OF NON-FEDERAL INTEREST.—

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1 ‘‘(1) IN GENERAL.—After December 31, 1970, 2 the construction of any water resources project, or 3 an acceptable separable element thereof, by the Sec- 4 retary of the Army, acting through the Chief of En- 5 gineers, or by a non-Federal interest where such in- 6 terest will be reimbursed for such construction under 7 any provision of law, shall not be commenced until 8 each non-Federal interest has entered into a written 9 partnership agreement with the Secretary (or, where 10 appropriate, the district engineer for the district in 11 which the project will be carried out) under which 12 each party agrees to carry out its responsibilities 13 and requirements for implementation or construction 14 of the project or the appropriate element of the 15 project, as the case may be; except that no such 16 agreement shall be required if the Secretary deter- 17 mines that the administrative costs associated with 18 negotiating, executing, or administering the agree- 19 ment would exceed the amount of the contribution 20 required from the non-Federal interest and are less 21 than $25,000.

22 ‘‘(2) LIQUIDATED DAMAGES.—A partnership 23 agreement described in paragraph (1) may include a 24 provision for liquidated damages in the event of a 25 failure of one or more parties to perform.

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1 ‘‘(3) OBLIGATION OF FUTURE APPROPRIA-

2 TIONS.—In any partnership agreement described in 3 paragraph (1) and entered into by a State, or a body 4 politic of the State which derives its powers from the 5 State constitution, or a governmental entity created 6 by the State legislature, the agreement may reflect 7 that it does not obligate future appropriations for 8 such performance and payment when obligating fu- 9 ture appropriations would be inconsistent with con- 10 stitutional or statutory limitations of the State or a 11 political subdivision of the State.

12 ‘‘(4) CREDIT FOR IN-KIND CONTRIBUTIONS.—

13 ‘‘(A) IN GENERAL.—A partnership agree- 14 ment described in paragraph (1) may provide 15 with respect to a project that the Secretary 16 shall credit toward the non-Federal share of the 17 cost of the project, including a project imple- 18 mented without specific authorization in law, 19 the value of in-kind contributions made by the 20 non-Federal interest, including— 21 ‘‘(i) the costs of planning (including 22 data collection), design, management, miti- 23 gation, construction, and construction serv- 24 ices that are provided by the non-Federal 25 interest for implementation of the project;

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9 ‘‘(B) CONDITION.—The Secretary may 10 credit an in-kind contribution under subpara- 11 graph (A) only if the Secretary determines that 12 the material or service provided as an in-kind 13 contribution is integral to the project.

14 ‘‘(C) WORK PERFORMED BEFORE PART-

15 NERSHIP AGREEMENT.—In any case in which 16 the non-Federal interest is to receive credit 17 under subparagraph (A)(ii) for the cost of work 18 carried out by the non-Federal interest and 19 such work has not been carried out as of the 20 date of enactment of this subparagraph, the 21 Secretary and the non-Federal interest shall 22 enter into an agreement under which the non- 23 Federal interest shall carry out such work, and 24 only work carried out following the execution of 25 the agreement shall be eligible for credit.

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1 ‘‘(D) LIMITATIONS.—Credit authorized 2 under this paragraph for a project— 3 ‘‘(i) shall not exceed the non-Federal 4 share of the cost of the project; 5 ‘‘(ii) shall not alter any other require- 6 ment that a non-Federal interest provide 7 lands, easements, relocations, rights-of- 8 way, or areas for disposal of dredged mate- 9 rial for the project; 10 ‘‘(iii) shall not alter any requirement 11 that a non-Federal interest pay a portion 12 of the costs of construction of the project 13 under sections 101 and 103 of the Water 14 Resources Development Act of 1986 (33 15 U.S.C. 2211; 33 U.S.C. 2213); and 16 ‘‘(iv) shall not exceed the actual and 17 reasonable costs of the materials, services, 18 or other things provided by the non-Fed- 19 eral interest, as determined by the Sec- 20 retary.

21 ‘‘(E) APPLICABILITY.—

22 ‘‘(i) IN GENERAL.—This paragraph 23 shall apply to water resources projects au- 24 thorized after November 16, 1986, includ-

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3 ‘‘(ii) LIMITATION.—In any case in 4 which a specific provision of law provides 5 for a non-Federal interest to receive credit 6 toward the non-Federal share of the cost 7 of a study for, or construction or operation 8 and maintenance of, a water resources 9 project, the specific provision of law shall 10 apply instead of this paragraph.’’.

11 (b) NON-FEDERAL INTEREST.—Section 221(b) of 12 such Act is amended to read as follows:

13 ‘‘(b) DEFINITION OF NON-FEDERAL INTEREST.— 14 The term ‘non-Federal interest’ means— 15 ‘‘(1) a legally constituted public body (including 16 a federally recognized Indian tribe); or 17 ‘‘(2) a nonprofit entity with the consent of the 18 affected local government, 19 that has full authority and capability to perform the terms 20 of its agreement and to pay damages, if necessary, in the 21 event of failure to perform.’’.

22 (c) PROGRAM ADMINISTRATION.—Section 221 of 23 such Act is further amended— 24 (1) by redesignating subsection (e) as sub- 25 section (h); and

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3 ‘‘(e) DELEGATION OF AUTHORITY.—Not later than 4 June 30, 2008, the Secretary shall issue policies and 5 guidelines for partnership agreements that delegate to the 6 district engineers, at a minimum— 7 ‘‘(1) the authority to approve any policy in a 8 partnership agreement that has appeared in an 9 agreement previously approved by the Secretary; 10 ‘‘(2) the authority to approve any policy in a 11 partnership agreement the specific terms of which 12 are dictated by law or by a final feasibility study, 13 final environmental impact statement, or other final 14 decision document for a water resources project; 15 ‘‘(3) the authority to approve any partnership 16 agreement that complies with the policies and guide- 17 lines issued by the Secretary; and 18 ‘‘(4) the authority to sign any partnership 19 agreement for any water resources project unless, 20 within 30 days of the date of authorization of the 21 project, the Secretary notifies the district engineer in 22 which the project will be carried out that the Sec- 23 retary wishes to retain the prerogative to sign the 24 partnership agreement for that project.

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1 ‘‘(f) REPORT TO CONGRESS.—Not later than 2 years 2 after the date of enactment of this subsection, and every 3 year thereafter, the Secretary shall submit to Congress a 4 report detailing the following: 5 ‘‘(1) The number of partnership agreements 6 signed by district engineers and the number of part- 7 nership agreements signed by the Secretary. 8 ‘‘(2) For any partnership agreement signed by 9 the Secretary, an explanation of why delegation to 10 the district engineer was not appropriate.

11 ‘‘(g) PUBLIC AVAILABILITY.—Not later than 120 12 days after the date of enactment of this subsection, the 13 Chief of Engineers shall— 14 ‘‘(1) ensure that each district engineer has 15 made available to the public, including on the Inter- 16 net, all partnership agreements entered into under 17 this section within the preceding 10 years and all 18 partnership agreements for water resources projects 19 currently being carried out in that district; and 20 ‘‘(2) make each partnership agreement entered 21 into after such date of enactment available to the 22 public, including on the Internet, not later than 7 23 days after the date on which such agreement is en- 24 tered into.’’.

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1 (d) LOCAL COOPERATION.—Section 912(b) of the 2 Water Resources Development Act of 1986 (101 Stat. 3 4190) is amended— 4 (1) in paragraph (2)— 5 (A) by striking ‘‘shall’’ the first place it 6 appears and inserting ‘‘may’’; and 7 (B) by striking the last sentence; and 8 (2) in paragraph (4)— 9 (A) by inserting after ‘‘injunction, for’’ the 10 following: ‘‘payment of damages or, for’’; 11 (B) by striking ‘‘to collect a civil penalty 12 imposed under this section,’’; and 13 (C) by striking ‘‘any civil penalty imposed 14 under this section,’’ and inserting ‘‘any dam- 15 ages,’’.

16 (e) APPLICABILITY.—The amendments made by sub- 17 sections (a), (b), and (d) only apply to partnership agree- 18 ments entered into after the date of enactment of this Act; 19 except that, at the request of a non-Federal interest for 20 a project, the district engineer for the district in which 21 the project is located may amend a project partnership 22 agreement entered into on or before such date and under 23 which construction on the project has not been initiated 24 as of such date of enactment for the purpose of incor- 25 porating such amendments.

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1 (f) AGREEMENTS AND REFERENCES.—

2 (1) IN GENERAL.—A goal of agreements en- 3 tered into under section 221 of the Flood Control 4 Act of 1970 (42 U.S.C. 1962d–5b) shall be to fur- 5 ther partnership and cooperation, and the agree- 6 ments shall be referred to as ‘‘partnership agree- 7 ments’’.

8 (2) REFERENCES TO COOPERATION AGREE-

9 MENTS.—Any reference in a law, regulation, docu- 10 ment, or other paper of the United States to a ‘‘co- 11 operation agreement’’ or ‘‘project cooperation agree- 12 ment’’ shall be deemed to be a reference to a ‘‘part- 13 nership agreement’’ or a ‘‘project partnership agree- 14 ment’’, respectively.

15 (3) REFERENCES TO PARTNERSHIP AGREE-

16 MENTS.—Any reference to a ‘‘partnership agree- 17 ment’’ or ‘‘project partnership agreement’’ in this 18 Act (other than this section) shall be deemed to be 19 a reference to a ‘‘cooperation agreement’’ or a 20 ‘‘project cooperation agreement’’, respectively.

21 SEC. 2004. COMPILATION OF LAWS.

22 (a) COMPILATION OF LAWS ENACTED AFTER NO-

23 VEMBER 8, 1966.—The Secretary and the Chief of Engi- 24 neers shall prepare a compilation of the laws of the United 25 States relating to the improvement of rivers and harbors,

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8 (b) REPRINT OF LAWS ENACTED BEFORE NOVEM-

9 BER 8, 1966.—The Secretary shall have the volumes con- 10 taining the laws referred to in subsection (a) enacted be- 11 fore November 8, 1966, reprinted.

12 (c) INDEX.—The Secretary shall include an index in 13 each volume compiled, and each volume reprinted, pursu- 14 ant to this section.

15 (d) CONGRESSIONAL COPIES.—Not later than April 16 1, 2008, the Secretary shall transmit at least 25 copies 17 of each volume compiled, and of each volume reprinted, 18 pursuant to this section to each of the Committee on 19 Transportation and Infrastructure of the House of Rep- 20 resentatives and the Committee on Environment and Pub- 21 lic Works of the Senate.

22 (e) AVAILABILITY.—The Secretary shall ensure that 23 each volume compiled, and each volume reprinted, pursu- 24 ant to this section are available through electronic means, 25 including on the Internet.

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8 ‘‘(c) DREDGED MATERIAL FACILITY.—

9 ‘‘(1) IN GENERAL.—The Secretary may enter 10 into a partnership agreement under section 221 of 11 the Flood Control Act of 1970 (42 U.S.C. 1962d– 12 5b) with one or more non-Federal interests with re- 13 spect to a water resources project, or group of water 14 resources projects within a geographic region, if ap- 15 propriate, for the acquisition, design, construction, 16 management, or operation of a dredged material 17 processing, treatment, contaminant reduction, or 18 disposal facility (including any facility used to dem- 19 onstrate potential beneficial uses of dredged mate- 20 rial, which may include effective sediment contami- 21 nant reduction technologies) using funds provided in 22 whole or in part by the Federal Government.

23 ‘‘(2) PERFORMANCE.—One or more of the par- 24 ties to a partnership agreement under this sub- 25 section may perform the acquisition, design, con- 26 struction, management, or operation of a dredged

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3 ‘‘(3) MULTIPLE PROJECTS.—If appropriate, the 4 Secretary may combine portions of separate water 5 resources projects with appropriate combined cost- 6 sharing among the various water resources projects 7 in a partnership agreement for a facility under this 8 subsection if the facility serves to manage dredged 9 material from multiple water resources projects lo- 10 cated in the geographic region of the facility.

11 ‘‘(4) SPECIFIED FEDERAL FUNDING SOURCES

12 AND COST SHARING.—

13 ‘‘(A) SPECIFIED FEDERAL FUNDING.—A 14 partnership agreement with respect to a facility 15 under this subsection shall specify— 16 ‘‘(i) the Federal funding sources and 17 combined cost-sharing when applicable to 18 multiple water resources projects; and 19 ‘‘(ii) the responsibilities and risks of 20 each of the parties relating to present and 21 future dredged material managed by the 22 facility.

23 ‘‘(B) MANAGEMENT OF SEDIMENTS.—

24 ‘‘(i) IN GENERAL.—A partnership 25 agreement under this subsection may in-

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5 ‘‘(ii) PAYMENTS.—A partnership 6 agreement under this subsection may allow 7 the non-Federal interest to receive reim- 8 bursable payments from the Federal Gov- 9 ernment for commitments made by the 10 non-Federal interest for disposal or place- 11 ment capacity at dredged material proc- 12 essing, treatment, contaminant reduction, 13 or disposal facilities.

14 ‘‘(C) CREDIT.—A partnership agreement 15 under this subsection may allow costs incurred 16 by the non-Federal interest before execution of 17 the partnership agreement to be credited in ac- 18 cordance with section 221 of the Flood Control 19 Act of 1970 (42 U.S.C. 1962d–5b).

20 ‘‘(5) CREDIT.—

21 ‘‘(A) EFFECT ON EXISTING AGREE-

22 MENTS.—Nothing in this subsection supersedes 23 or modifies an agreement in effect on the date 24 of enactment of this paragraph between the 25 Federal Government and any non-Federal inter-

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4 ‘‘(B) CREDIT FOR FUNDS.—Subject to the 5 approval of the Secretary and in accordance 6 with law (including regulations and policies) in 7 effect on the date of enactment of this para- 8 graph, a non-Federal interest for a water re- 9 sources project may receive credit for funds 10 provided for the acquisition, design, construc- 11 tion, management, or operation of a dredged 12 material processing, treatment, contaminant re- 13 duction, or disposal facility to the extent the fa- 14 cility is used to manage dredged material from 15 the project.

16 ‘‘(C) NON-FEDERAL INTEREST RESPON-

17 SIBILITIES.—A non-Federal interest entering 18 into a partnership agreement under this sub- 19 section for a facility shall— 20 ‘‘(i) be responsible for providing all 21 necessary lands, easements, relocations, 22 and rights-of-way associated with the facil- 23 ity; and 24 ‘‘(ii) receive credit toward the non- 25 Federal share of the cost of the project

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11 SEC. 2006. REMOTE AND SUBSISTENCE HARBORS.

12 (a) IN GENERAL.—In conducting a study of harbor 13 and navigation improvements, the Secretary may rec- 14 ommend a project without the need to demonstrate that 15 the project is justified solely by national economic develop- 16 ment benefits if the Secretary determines that— 17 (1)(A) the community to be served by the 18 project is at least 70 miles from the nearest surface 19 accessible commercial port and has no direct rail or 20 highway link to another community served by a sur- 21 face accessible port or harbor; or 22 (B) the project would be located in the State of 23 Hawaii, the Commonwealth of Puerto Rico, Guam, 24 the Commonwealth of the Northern Mariana Is-

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11 (b) JUSTIFICATION.—In considering whether to rec- 12 ommend a project under subsection (a), the Secretary 13 shall consider the benefits of the project to— 14 (1) public health and safety of the local commu- 15 nity, including access to facilities designed to protect 16 public health and safety; 17 (2) access to natural resources for subsistence 18 purposes; 19 (3) local and regional economic opportunities; 20 (4) welfare of the local population; and 21 (5) social and cultural value to the community.

22 SEC. 2007. USE OF OTHER FEDERAL FUNDS. 23 The non-Federal interest for a water resources study 24 or project may use, and the Secretary shall accept, funds 25 provided by a Federal agency under any other Federal

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5 SEC. 2008. REVISION OF PROJECT PARTNERSHIP AGREE-

6 MENT; COST SHARING.

7 (a) FEDERAL ALLOCATION.—Upon authorization by 8 law of an increase in the maximum amount of Federal 9 funds that may be allocated for a water resources project 10 or an increase in the total cost of a water resources project 11 authorized to be carried out by the Secretary, the Sec- 12 retary shall enter into a revised partnership agreement for 13 the project to take into account the change in Federal par- 14 ticipation in the project.

15 (b) COST SHARING.—An increase in the maximum 16 amount of Federal funds that may be allocated for a water 17 resources project, or an increase in the total cost of a 18 water resources project, authorized to be carried out by 19 the Secretary shall not affect any cost-sharing require- 20 ment applicable to the project.

21 (c) COST ESTIMATES.—The estimated Federal and 22 non-Federal costs of water resources projects authorized 23 to be carried out by the Secretary before, on, or after the 24 date of enactment of this Act are for informational pur-

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3 SEC. 2009. EXPEDITED ACTIONS FOR EMERGENCY FLOOD

4 DAMAGE REDUCTION. 5 The Secretary shall expedite any authorized planning, 6 design, and construction of any project for flood damage 7 reduction for an area that, within the preceding 5 years, 8 has been subject to flooding that resulted in the loss of 9 life and caused damage of sufficient severity and mag- 10 nitude to warrant a declaration of a major disaster by the 11 President under the Robert T. Stafford Disaster Relief 12 and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

13 SEC. 2010. WATERSHED AND RIVER BASIN ASSESSMENTS. 14 Section 729 of the Water Resources Development Act 15 of 1986 (33 U.S.C. 2267a; 114 Stat. 2587–2588; 100 16 Stat. 4164) is amended— 17 (1) in subsection (d)— 18 (A) by striking ‘‘and’’ at the end of para- 19 graph (4); 20 (B) by striking the period at the end of 21 paragraph (5) and inserting a semicolon; and 22 (C) by adding at the end the following: 23 ‘‘(6) Tuscarawas River Basin, Ohio; 24 ‘‘(7) Sauk River Basin, Snohomish and Skagit 25 Counties, Washington;

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7 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal 8 share of the costs of an assessment carried out 9 under this section on or after December 11, 2000, 10 shall be 25 percent.’’; and 11 (3) by striking subsection (g).

12 SEC. 2011. TRIBAL PARTNERSHIP PROGRAM.

13 (a) PROGRAM.—Section 203(b) of the Water Re- 14 sources Development Act of 2000 (33 U.S.C. 2269(b); 114 15 Stat. 2589) is amended— 16 (1) in paragraph (1) by inserting ‘‘carry out 17 water-related planning activities and’’ after ‘‘the 18 Secretary may’’; 19 (2) in paragraph (1)(B) by inserting after 20 ‘‘Code’’ the following: ‘‘, and including lands that 21 are within the jurisdictional area of an Oklahoma 22 Indian tribe, as determined by the Secretary of the 23 Interior, and are recognized by the Secretary of the 24 Interior as eligible for trust land status under part 25 151 of title 25, Code of Federal Regulations’’; and

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10 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 11 203(e) of such Act is amended by striking ‘‘2006’’ and 12 inserting ‘‘2012’’.

13 SEC. 2012. WILDFIRE FIREFIGHTING. 14 Section 309 of Public Law 102–154 (42 U.S.C. 15 1856a–1; 105 Stat. 1034) is amended by inserting ‘‘the 16 Secretary of the Army,’’ after ‘‘the Secretary of Energy,’’.

17 SEC. 2013. TECHNICAL ASSISTANCE. 18 Section 22 of the Water Resources Development Act 19 of 1974 (42 U.S.C. 1962d–16) is amended— 20 (1) in subsection (a) by striking ‘‘The Sec- 21 retary’’ and inserting the following:

22 ‘‘(a) FEDERAL STATE COOPERATION.—

23 ‘‘(1) COMPREHENSIVE PLANS.—The Sec- 24 retary’’;

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3 ‘‘(2) TECHNICAL ASSISTANCE.—

4 ‘‘(A) IN GENERAL.—At the request of a 5 governmental agency or non-Federal interest, 6 the Secretary may provide, at Federal expense, 7 technical assistance to such agency or non-Fed- 8 eral interest in managing water resources.

9 ‘‘(B) TYPES OF ASSISTANCE.—Technical 10 assistance under this paragraph may include 11 provision and integration of hydrologic, eco- 12 nomic, and environmental data and analyses.’’; 13 (3) in subsection (b)(1) by striking ‘‘this sec- 14 tion’’ each place it appears and inserting ‘‘subsection 15 (a)(1)’’;

16 (4) in subsection (b)(2) by striking ‘‘Up to 1⁄2 17 of the’’ and inserting ‘‘The’’; 18 (5) in subsection (c) by striking ‘‘(c) There is’’ 19 and inserting the following:

20 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

21 ‘‘(1) FEDERAL AND STATE COOPERATION.— 22 There is’’; 23 (6) in subsection (c)(1) (as designated by para- 24 graph (5))—

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7 ‘‘(2) TECHNICAL ASSISTANCE.—There is au- 8 thorized to be appropriated $5,000,000 annually to 9 carry out subsection (a)(2), of which not more than 10 $2,000,000 annually may be used by the Secretary 11 to enter into cooperative agreements with nonprofit 12 organizations to provide assistance to rural and 13 small communities.’’; 14 (8) by redesignating subsection (d) as sub- 15 section (e); and 16 (9) by inserting after subsection (c) the fol- 17 lowing:

18 ‘‘(d) ANNUAL SUBMISSION OF PROPOSED ACTIVI-

19 TIES.—Concurrent with the President’s submission to 20 Congress of the President’s request for appropriations for 21 the Civil Works Program for a fiscal year, the Secretary 22 shall submit to the Committee on Transportation and In- 23 frastructure of the House of Representatives and the Com- 24 mittee on Environment and Public Works of the Senate

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3 SEC. 2014. LAKES PROGRAM. 4 Section 602(a) of the Water Resources Development 5 Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 6 295) is amended— 7 (1) by striking ‘‘and’’ at end of paragraph (18); 8 (2) by striking the period at the end of para- 9 graph (19) and inserting a semicolon; and 10 (3) by adding at the end the following: 11 ‘‘(20) Kinkaid Lake, Jackson County, Illinois, 12 removal of silt and aquatic growth and measures to 13 address excessive sedimentation; 14 ‘‘(21) McCarter Pond, Borough of Fairhaven, 15 New Jersey, removal of silt and measures to address 16 water quality; 17 ‘‘(22) Rogers Pond, Franklin Township, New 18 Jersey, removal of silt and restoration of structural 19 integrity; 20 ‘‘(23) Greenwood Lake, New York and New 21 Jersey, removal of silt and aquatic growth; 22 ‘‘(24) Lake Rodgers, Creedmoor, North Caro- 23 lina, removal of silt and excessive nutrients and res- 24 toration of structural integrity;

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11 SEC. 2015. COOPERATIVE AGREEMENTS.

12 (a) IN GENERAL.—For the purpose of expediting the 13 cost-effective design and construction of wetlands restora- 14 tion that is part of an authorized water resources project, 15 the Secretary may enter into cooperative agreements 16 under section 6305 of title 31, United States Code, with 17 nonprofit organizations with expertise in wetlands restora- 18 tion to carry out such design and construction on behalf 19 of the Secretary.

20 (b) LIMITATIONS.—

21 (1) PER PROJECT LIMIT.—A cooperative agree- 22 ment under this section may not obligate the Sec- 23 retary to pay the nonprofit organization more than 24 $1,000,000 for any single wetlands restoration 25 project.

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1 (2) ANNUAL LIMIT.—The total value of work 2 carried out under cooperative agreements under this 3 section may not exceed $5,000,000 in any fiscal 4 year.

5 SEC. 2016. TRAINING FUNDS.

6 (a) IN GENERAL.—The Secretary may include indi- 7 viduals not employed by the Department of the Army in 8 training classes and courses offered by the Corps of Engi- 9 neers in any case in which the Secretary determines that 10 it is in the best interest of the Federal Government to 11 include those individuals as participants.

12 (b) EXPENSES.—

13 (1) IN GENERAL.—An individual not employed 14 by the Department of the Army attending a training 15 class or course described in subsection (a) shall pay 16 the full cost of the training provided to the indi- 17 vidual.

18 (2) PAYMENTS.—Payments made by an indi- 19 vidual for training received under paragraph (1), up 20 to the actual cost of the training— 21 (A) may be retained by the Secretary; 22 (B) shall be credited to an appropriations 23 account used for paying training costs; and

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4 (3) EXCESS AMOUNTS.—Any payments received 5 under paragraph (2) that are in excess of the actual 6 cost of training provided shall be credited as mis- 7 cellaneous receipts to the Treasury of the United 8 States.

9 SEC. 2017. ACCESS TO WATER RESOURCE DATA.

10 (a) IN GENERAL.—The Secretary shall carry out a 11 program to provide public access to water resources and 12 related water quality data in the custody of the Corps of 13 Engineers.

14 (b) DATA.—Public access under subsection (a) 15 shall— 16 (1) include, at a minimum, access to data gen- 17 erated in water resources project development and 18 regulation under section 404 of the Federal Water 19 Pollution Control Act (33 U.S.C. 1344); and 20 (2) appropriately employ geographic informa- 21 tion system technology and linkages to water re- 22 source models and analytical techniques.

23 (c) PARTNERSHIPS.—To the maximum extent prac- 24 ticable, in carrying out activities under this section, the 25 Secretary shall develop partnerships, including cooperative

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3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out this section 5 $3,000,000 for each fiscal year.

6 SEC. 2018. SHORE PROTECTION PROJECTS.

7 (a) IN GENERAL.—In accordance with the Act of 8 July 3, 1930 (33 U.S.C. 426), and notwithstanding ad- 9 ministrative actions, it is the policy of the United States 10 to promote beach nourishment for the purposes of flood 11 damage reduction and hurricane and storm damage reduc- 12 tion and related research that encourage the protection, 13 restoration, and enhancement of sandy beaches, including 14 beach restoration and periodic beach renourishment for a 15 period of 50 years, on a comprehensive and coordinated 16 basis by the Federal Government, States, localities, and 17 private enterprises.

18 (b) PREFERENCE.—In carrying out the policy under 19 subsection (a), preference shall be given to— 20 (1) areas in which there has been a Federal in- 21 vestment of funds for the purposes described in sub- 22 section (a); and 23 (2) areas with respect to which the need for 24 prevention or mitigation of damage to shores and

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3 (c) APPLICABILITY.—The Secretary shall apply the 4 policy under subsection (a) to each shore protection and 5 beach renourishment project (including shore protection 6 and beach renourishment projects constructed before the 7 date of enactment of this Act).

8 SEC. 2019. ABILITY TO PAY.

9 (a) CRITERIA AND PROCEDURES.—Section 10 103(m)(2) of the Water Resources Development Act of 11 1986 (33 U.S.C. 2213(m)(2)) is amended by striking 12 ‘‘180 days after such date of enactment’’ and inserting 13 ‘‘December 31, 2007’’.

14 (b) PROJECTS.—The Secretary shall apply the cri- 15 teria and procedures referred to in section 103(m) of the 16 Water Resources Development Act of 1986 (33 U.S.C. 17 2213(m)) to the following projects:

18 (1) ST. JOHNS BAYOU AND NEW MADRID

19 FLOODWAY, MISSOURI.—The project for flood con- 20 trol, St. Johns Bayou and New Madrid Floodway, 21 Missouri, authorized by section 401(a) of the Water 22 Resources Development Act of 1986 (100 Stat. 23 4118).

24 (2) LOWER RIO GRANDE BASIN, TEXAS.—The 25 project for flood control, Lower Rio Grande Basin,

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4 (3) WEST VIRGINIA AND PENNSYLVANIA

5 PROJECTS.—The projects for flood control author- 6 ized by section 581 of the Water Resources Develop- 7 ment Act of 1996 (110 Stat. 3790–3791).

8 SEC. 2020. AQUATIC ECOSYSTEM AND ESTUARY RESTORA-

9 TION. 10 Section 206 of the Water Resources Development Act 11 of 1996 (33 U.S.C. 2330; 110 Stat. 3679) is amended— 12 (1) by striking subsection (a) and inserting the 13 following:

14 ‘‘(a) GENERAL AUTHORITY.—

15 ‘‘(1) IN GENERAL.—The Secretary may carry 16 out a project to restore and protect an aquatic eco- 17 system or estuary if the Secretary determines that 18 the project— 19 ‘‘(A)(i) will improve the quality of the envi- 20 ronment and is in the public interest; or 21 ‘‘(ii) will improve the elements and fea- 22 tures of an estuary (as defined in section 103 23 of the Estuaries and Clean Waters Act of 2000 24 (33 U.S.C. 2902)); and 25 ‘‘(B) is cost-effective.

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1 ‘‘(2) DAM REMOVAL.—A project under this sec- 2 tion may include removal of a dam.’’; and 3 (2) in subsection (e) by striking ‘‘$25,000,000’’ 4 and inserting ‘‘$50,000,000’’.

5 SEC. 2021. SMALL FLOOD DAMAGE REDUCTION PROJECTS. 6 Section 205 of the Flood Control Act of 1948 (33 7 U.S.C. 701s) is amended by striking ‘‘$50,000,000’’ and 8 inserting ‘‘$55,000,000’’.

9 SEC. 2022. SMALL RIVER AND HARBOR IMPROVEMENT

10 PROJECTS. 11 Section 107(b) of the River and Harbor Act of 1960 12 (33 U.S.C. 577(b)) is amended by striking ‘‘$4,000,000’’ 13 and inserting ‘‘$7,000,000’’.

14 SEC. 2023. PROTECTION OF HIGHWAYS, BRIDGE AP-

15 PROACHES, PUBLIC WORKS, AND NONPROFIT

16 PUBLIC SERVICES. 17 Section 14 of the Flood Control Act of 1946 (33 18 U.S.C. 701r) is amended by striking ‘‘$1,000,000’’ and 19 inserting ‘‘$1,500,000’’.

20 SEC. 2024. MODIFICATION OF PROJECTS FOR IMPROVE-

21 MENT OF THE QUALITY OF THE ENVIRON-

22 MENT. 23 Section 1135(h) of the Water Resources Development 24 Act of 1986 (33 U.S.C. 2309a(h)) is amended by striking 25 ‘‘$25,000,000’’ and inserting ‘‘$40,000,000’’.

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5 SEC. 2026. LEASING AUTHORITY. 6 Section 4 of the Act entitled ‘‘An Act authorizing the 7 construction of certain public works on rivers and harbors 8 for flood control, and other purposes’’, approved December 9 22, 1944 (16 U.S.C. 460d), is amended— 10 (1) by inserting ‘‘federally recognized Indian 11 tribes and’’ before ‘‘Federal’’ the first place it ap- 12 pears; 13 (2) by inserting ‘‘Indian tribes or’’ after ‘‘con- 14 siderations, to such’’; and 15 (3) by inserting ‘‘federally recognized Indian 16 tribe’’ after ‘‘That in any such lease or license to a’’.

17 SEC. 2027. FISCAL TRANSPARENCY REPORT.

18 (a) IN GENERAL.—On the third Tuesday of January 19 of each year beginning January 2008, the Chief of Engi- 20 neers shall submit to the Committee on Environment and 21 Public Works of the Senate and the Committee on Trans- 22 portation and Infrastructure of the House of Representa- 23 tives a report on— 24 (1) the expenditures by the Corps for the pre- 25 ceding fiscal year and estimated expenditures by the 26 Corps for the current fiscal year; and

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7 (b) CONTENTS.—In addition to the information de- 8 scribed in subsection (a), the report shall contain a de- 9 tailed accounting of the following information: 10 (1) With respect to activities carried out with 11 funding provided under the Construction appropria- 12 tions account for the Secretary, information on— 13 (A) projects currently under construction, 14 including— 15 (i) allocations to date; 16 (ii) the number of years remaining to 17 complete construction; 18 (iii) the estimated annual Federal cost 19 to maintain that construction schedule; 20 and 21 (iv) a list of projects the Corps of En- 22 gineers expects to complete during the cur- 23 rent fiscal year; and

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14 SEC. 2028. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

15 (a) IN GENERAL.—Notwithstanding section 2361 of 16 title 10, United States Code, the Secretary may provide 17 assistance through contracts, cooperative agreements, and 18 grants to— 19 (1) the University of Tennessee, Knoxville, Ten- 20 nessee, for establishment and operation of the 21 Southeastern Water Resources Institute to study 22 sustainable development and utilization of water re- 23 sources in the southeastern United States; 24 (2) Lewis and Clark Community College, Illi- 25 nois, for the Great Rivers National Research and

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19 (b) AUTHORIZATION OF APPROPRIATIONS.—There 20 are authorized to be appropriated to the Secretary to carry 21 out subsection (a)(1) $2,000,000, to carry out subsection 22 (a)(2) $2,000,000, and to carry out subsection (a)(3) 23 $5,000,000.

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2 ATION AND MAINTENANCE OF HARBOR

3 DREDGING PROJECTS.

4 (a) FINDINGS.—Congress finds the following: 5 (1) Insufficient maintenance dredging results in 6 inefficient water transportation and harmful eco- 7 nomic consequences. 8 (2) The estimated dredging backlog at commer- 9 cial harbors in the Great Lakes alone is 16,000,000 10 cubic yards. 11 (3) Approximately two-thirds of all shipping in 12 the United States either starts or finishes at small 13 harbors. 14 (4) Small harbors often have a greater propor- 15 tional impact on local economies than do larger har- 16 bors. 17 (5) Performance metrics can be valuable tools 18 in the budget process for water resources projects. 19 (6) The use of a single performance metric for 20 water resources projects can result in a budget bi- 21 ased against small and rural communities.

22 (b) SENSE OF CONGRESS.—It is the sense of Con- 23 gress that the operations and maintenance budget of the 24 Corps of Engineers should reflect the use of all available 25 economic data, rather than a single performance metric.

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2 AUTHORITY. 3 Section 234 of the Water Resources Development Act 4 of 1996 (33 U.S.C. 2323a) is amended— 5 (1) by striking subsection (a) and inserting the 6 following:

7 ‘‘(a) IN GENERAL.—The Secretary may engage in ac- 8 tivities (including contracting) in support of other Federal 9 agencies, international organizations, or foreign govern- 10 ments to address problems of national significance to the 11 United States.’’; 12 (2) in subsection (b) by striking ‘‘Secretary of 13 State’’ and inserting ‘‘Department of State’’; and 14 (3) in subsection (d)— 15 (A) by striking ‘‘$250,000 for fiscal year 16 2001’’ and inserting ‘‘$1,000,000 for fiscal year 17 2008’’; and 18 (B) by striking ‘‘or international organiza- 19 tions’’ and inserting ‘‘, international organiza- 20 tions, or foreign governments’’.

21 SEC. 2031. WATER RESOURCES PRINCIPLES AND GUIDE-

22 LINES.

23 (a) NATIONAL WATER RESOURCES PLANNING POL-

24 ICY.—It is the policy of the United States that all water 25 resources projects should reflect national priorities, en-

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13 (b) PRINCIPLES AND GUIDELINES.—

14 (1) PRINCIPLES AND GUIDELINES DEFINED.— 15 In this subsection, the term ‘‘principles and guide- 16 lines’’ means the principles and guidelines contained 17 in the document prepared by the Water Resources 18 Council pursuant to section 103 of the Water Re- 19 sources Planning Act (42 U.S.C. 1962a–2), entitled 20 ‘‘Economic and Environmental Principles and 21 Guidelines for Water and Related Land Resources 22 Implementation Studies’’, and dated March 10, 23 1983.

24 (2) IN GENERAL.—Not later than 2 years after 25 the date of enactment of this Act, the Secretary

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5 (3) CONSIDERATIONS.—In developing revisions 6 to the principles and guidelines under paragraph (2), 7 the Secretary shall evaluate the consistency of the 8 principles and guidelines with, and ensure that the 9 principles and guidelines address, the following: 10 (A) The use of best available economic 11 principles and analytical techniques, including 12 techniques in risk and uncertainty analysis. 13 (B) The assessment and incorporation of 14 public safety in the formulation of alternatives 15 and recommended plans. 16 (C) Assessment methods that reflect the 17 value of projects for low-income communities 18 and projects that use nonstructural approaches 19 to water resources development and manage- 20 ment. 21 (D) The assessment and evaluation of the 22 interaction of a project with other water re- 23 sources projects and programs within a region 24 or watershed.

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8 (4) CONSULTATION AND PUBLIC PARTICIPA-

9 TION.—In carrying out paragraph (2), the Secretary 10 shall— 11 (A) consult with the Secretary of the Inte- 12 rior, the Secretary of Agriculture, the Secretary 13 of Commerce, the Secretary of Housing and 14 Urban Development, the Secretary of Transpor- 15 tation, the Administrator of the Environmental 16 Protection Agency, the Secretary of Energy, the 17 Secretary of Homeland Security, the National 18 Academy of Sciences, and the Council on Envi- 19 ronmental Quality; and 20 (B) solicit and consider public and expert 21 comments.

22 (5) PUBLICATION.—The Secretary shall— 23 (A) submit to the Committee on Environ- 24 ment and Public Works of the Senate and the 25 Committee on Transportation and Infrastruc-

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13 (6) EFFECT.—Subject to the requirements of 14 this subsection, the principles and guidelines as re- 15 vised under this subsection shall apply to water re- 16 sources projects carried out by the Secretary instead 17 of the principles and guidelines for such projects in 18 effect on the day before date of enactment of this 19 Act.

20 (7) APPLICABILITY.—After the date of issuance 21 of the revisions to the principles and guidelines, the 22 revisions shall apply— 23 (A) to all water resources projects carried 24 out by the Secretary, other than projects for

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12 (8) EXISTING STUDIES.—Revisions to the prin- 13 ciples and guidelines issued under paragraph (2) 14 shall not affect the validity of any completed study 15 of a water resources project.

16 (9) RECOMMENDATION.—Upon completion of 17 the revisions to the principles and guidelines for use 18 by the Secretary, the Secretary shall make a rec- 19 ommendation to Congress as to the advisability of 20 repealing subsections (a) and (b) of section 80 of the 21 Water Resources Development Act of 1974 (42 22 U.S.C. 1962d–17).

23 SEC. 2032. WATER RESOURCE PRIORITIES REPORT.

24 (a) IN GENERAL.—Not later than 2 years after the 25 date of enactment of this Act, the President shall submit

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7 (b) INCLUSIONS.—The report under subsection (a) 8 shall include— 9 (1) an assessment of the extent to which pro- 10 grams in the United States relating to flooding ad- 11 dress flood risk reduction priorities; 12 (2) the extent to which those programs may be 13 encouraging development and economic activity in 14 flood-prone areas; 15 (3) recommendations for improving those pro- 16 grams with respect to reducing and responding to 17 flood risks; and 18 (4) proposals for implementing the rec- 19 ommendations.

20 SEC. 2033. PLANNING.

21 (a) MATTERS TO BE ADDRESSED IN PLANNING.— 22 Section 904 of the Water Resources Development Act of 23 1986 (33 U.S.C. 2281) is amended— 24 (1) by striking ‘‘Enhancing’’ and inserting the 25 following:

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1 ‘‘(a) IN GENERAL.—Enhancing’’; and 2 (2) by adding at the end the following:

3 ‘‘(b) ASSESSMENTS.—For all feasibility reports for 4 water resources projects completed after December 31, 5 2007, the Secretary shall assess whether— 6 ‘‘(1) the water resources project and each sepa- 7 rable element is cost-effective; and 8 ‘‘(2) the water resources project complies with 9 Federal, State, and local laws (including regulations) 10 and public policies.’’.

11 (b) PLANNING PROCESS IMPROVEMENTS.—The Chief 12 of Engineers— 13 (1) shall adopt a risk analysis approach to 14 project cost estimates for water resources projects; 15 and 16 (2) not later than one year after the date of en- 17 actment of this Act, shall— 18 (A) issue procedures for risk analysis for 19 cost estimation for water resources projects; 20 and 21 (B) submit to Congress a report that in- 22 cludes any recommended amendments to section 23 902 of the Water Resources Development Act 24 of 1986 (33 U.S.C. 2280).

25 (c) BENCHMARKS.—

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1 (1) IN GENERAL.—Not later than 12 months 2 after the date of enactment of this Act, the Chief of 3 Engineers shall establish benchmarks for deter- 4 mining the length of time it should take to conduct 5 a feasibility study for a water resources project and 6 its associated review process under the National En- 7 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 8 seq.). The Chief of Engineers shall use such bench- 9 marks as a management tool to make the feasibility 10 study process more efficient in all districts of the 11 Corps of Engineers.

12 (2) BENCHMARK GOALS.—The Chief of Engi- 13 neers shall establish, to the extent practicable, under 14 paragraph (1) benchmark goals for completion of 15 feasibility studies for water resources projects gen- 16 erally within 2 years. In the case of feasibility stud- 17 ies that the Chief of Engineers determines may re- 18 quire additional time based on the project type, size, 19 cost, or complexity, the benchmark goal for comple- 20 tion shall be generally within 4 years.

21 (d) CALCULATION OF BENEFITS AND COSTS FOR

22 FLOOD DAMAGE REDUCTION PROJECTS.—A feasibility 23 study for a project for flood damage reduction shall in- 24 clude, as part of the calculation of benefits and costs—

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11 (e) CENTERS OF SPECIALIZED PLANNING EXPER-

12 TISE.—

13 (1) ESTABLISHMENT.—The Secretary may es- 14 tablish centers of expertise to provide specialized 15 planning expertise for water resources projects to be 16 carried out by the Secretary in order to enhance and 17 supplement the capabilities of the districts of the 18 Corps of Engineers.

19 (2) DUTIES.—A center of expertise established 20 under this subsection shall— 21 (A) provide technical and managerial as- 22 sistance to district commanders of the Corps of 23 Engineers for project planning, development, 24 and implementation;

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11 (f) COMPLETION OF CORPS OF ENGINEERS RE-

12 PORTS.—

13 (1) ALTERNATIVES.—

14 (A) IN GENERAL.—Feasibility and other 15 studies and assessments for a water resources 16 project shall include recommendations for alter- 17 natives— 18 (i) that, as determined in coordination 19 with the non-Federal interest for the 20 project, promote integrated water re- 21 sources management; and 22 (ii) for which the non-Federal interest 23 is willing to provide the non-Federal share 24 for the studies or assessments.

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1 (B) CONSTRAINTS.—The alternatives con- 2 tained in studies and assessments described in 3 subparagraph (A) shall not be constrained by 4 budgetary or other policy.

5 (C) REPORTS OF CHIEF OF ENGINEERS.— 6 The reports of the Chief of Engineers shall 7 identify any recommendation that is not the 8 best technical solution to water resource needs 9 and problems and the reason for the deviation.

10 (2) REPORT COMPLETION.—The completion of 11 a report of the Chief of Engineers for a water re- 12 sources project— 13 (A) shall not be delayed while consider- 14 ation is being given to potential changes in pol- 15 icy or priority for project consideration; and 16 (B) shall be submitted, on completion, to— 17 (i) the Committee on Environment 18 and Public Works of the Senate; and 19 (ii) the Committee on Transportation 20 and Infrastructure of the House of Rep- 21 resentatives.

22 (g) COMPLETION REVIEW.—

23 (1) IN GENERAL.—Except as provided in para- 24 graph (2), not later than 120 days after the date of 25 completion of a report of the Chief of Engineers that

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7 (2) PRIOR REPORTS.—Not later than 180 days 8 after the date of enactment of this Act, with respect 9 to any report of the Chief of Engineers recom- 10 mending a water resources project that is complete 11 prior to the date of enactment of this Act, the Sec- 12 retary shall complete review of, and provide rec- 13 ommendations to Congress for, the report in accord- 14 ance with paragraph (1).

15 SEC. 2034. INDEPENDENT PEER REVIEW.

16 (a) PROJECT STUDIES SUBJECT TO INDEPENDENT

17 PEER REVIEW.—

18 (1) IN GENERAL.—Project studies shall be sub- 19 ject to a peer review by an independent panel of ex- 20 perts as determined under this section.

21 (2) SCOPE.—The peer review may include a re- 22 view of the economic and environmental assumptions 23 and projections, project evaluation data, economic 24 analyses, environmental analyses, engineering anal- 25 yses, formulation of alternative plans, methods for

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5 (3) PROJECT STUDIES SUBJECT TO PEER RE-

6 VIEW.—

7 (A) MANDATORY.—A project study shall 8 be subject to peer review under paragraph (1) 9 if— 10 (i) the project has an estimated total 11 cost of more than $45,000,000, including 12 mitigation costs, and is not determined by 13 the Chief of Engineers to be exempt from 14 peer review under paragraph (6); 15 (ii) the Governor of an affected State 16 requests a peer review by an independent 17 panel of experts; or 18 (iii) the Chief of Engineers determines 19 that the project study is controversial con- 20 sidering the factors set forth in paragraph 21 (4).

22 (B) DISCRETIONARY.—

23 (i) AGENCY REQUEST.—A project 24 study shall be considered by the Chief of 25 Engineers for peer review under this sec-

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10 (ii) DEADLINE FOR DECISION.—A de- 11 cision of the Chief of Engineers under this 12 subparagraph whether to conduct a peer 13 review shall be made within 21 days of the 14 date of receipt of the request by the head 15 of the Federal or State agency under 16 clause (i).

17 (iii) REASONS FOR NOT CONDUCTING

18 PEER REVIEW.—If the Chief of Engineers 19 decides not to conduct a peer review fol- 20 lowing a request under clause (i), the Chief 21 shall make publicly available, including on 22 the Internet, the reasons for not con- 23 ducting the peer review.

24 (iv) APPEAL TO CHAIRMAN OF COUN-

25 CIL ON ENVIRONMENTAL QUALITY.—A de-

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12 (4) FACTORS TO CONSIDER.—In determining 13 whether a project study is controversial under para- 14 graph (3)(A)(iii), the Chief of Engineers shall con- 15 sider if— 16 (A) there is a significant public dispute as 17 to the size, nature, or effects of the project; or 18 (B) there is a significant public dispute as 19 to the economic or environmental costs or bene- 20 fits of the project.

21 (5) PROJECT STUDIES EXCLUDED FROM PEER

22 REVIEW.—The Chief of Engineers may exclude a 23 project study from peer review under paragraph 24 (1)—

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6 (6) DETERMINATION OF TOTAL COST.—For 7 purposes of determining the estimated total cost of 8 a project under paragraph (3)(A), the total cost 9 shall be based upon the reasonable estimates of the 10 Chief of Engineers at the completion of the recon- 11 naissance study for the project. If the reasonable es- 12 timate of total costs is subsequently determined to 13 be in excess of the amount in paragraph (3)(A), the 14 Chief of Engineers shall make a determination 15 whether a project study is required to be reviewed 16 under this section.

17 (b) TIMING OF PEER REVIEW.—

18 (1) IN GENERAL.—The Chief of Engineers shall 19 determine the timing of a peer review of a project 20 study under subsection (a). In all cases, the peer re- 21 view shall occur during the period beginning on the 22 date of the signing of the feasibility cost-sharing 23 agreement for the study and ending on the date es- 24 tablished under subsection (e)(1)(A) for the peer re-

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3 (2) FACTORS TO CONSIDER.—In any case in 4 which the Chief of Engineers has not initiated a 5 peer review of a project study, the Chief of Engi- 6 neers shall consider, at a minimum, whether to ini- 7 tiate a peer review at the time that— 8 (A) the without-project conditions are iden- 9 tified; 10 (B) the array of alternatives to be consid- 11 ered are identified; and 12 (C) the preferred alternative is identified.

13 (3) LIMITATION ON MULTIPLE PEER REVIEW.— 14 Nothing in this subsection shall be construed to re- 15 quire the Chief of Engineers to conduct multiple 16 peer reviews for a project study.

17 (c) ESTABLISHMENT OF PANELS.—

18 (1) IN GENERAL.—For each project study sub- 19 ject to peer review under subsection (a), as soon as 20 practicable after the Chief of Engineers determines 21 that a project study will be subject to peer review, 22 the Chief of Engineers shall contract with the Na- 23 tional Academy of Sciences or a similar independent 24 scientific and technical advisory organization or an

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3 (2) MEMBERSHIP.—A panel of experts estab- 4 lished for a project study under this section shall be 5 composed of independent experts who represent a 6 balance of areas of expertise suitable for the review 7 being conducted.

8 (3) LIMITATION ON APPOINTMENTS.—The Na- 9 tional Academy of Sciences or any other organiza- 10 tion the Chief of Engineers contracts with under 11 paragraph (1) to establish a panel of experts shall 12 apply the National Academy of Science’s policy for 13 selecting committee members to ensure that mem- 14 bers selected for the panel of experts have no con- 15 flict with the project being reviewed.

16 (4) CONGRESSIONAL NOTIFICATION.—Upon 17 identification of a project study for peer review 18 under this section, but prior to initiation of the re- 19 view, the Chief of Engineers shall notify the Com- 20 mittee on Environment and Public Works of the 21 Senate and the Committee on Transportation and 22 Infrastructure of the House of Representatives of 23 the review.

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1 (d) DUTIES OF PANELS.—A panel of experts estab- 2 lished for a peer review for a project study under this sec- 3 tion shall— 4 (1) conduct the peer review for the project 5 study; 6 (2) assess the adequacy and acceptability of the 7 economic, engineering, and environmental methods, 8 models, and analyses used by the Chief of Engi- 9 neers; 10 (3) receive from the Chief of Engineers the 11 public written and oral comments provided to the 12 Chief of Engineers; 13 (4) provide timely written and oral comments to 14 the Chief of Engineers throughout the development 15 of the project study, as requested; and 16 (5) submit to the Chief of Engineers a final re- 17 port containing the panel’s economic, engineering, 18 and environmental analysis of the project study, in- 19 cluding the panel’s assessment of the adequacy and 20 acceptability of the economic, engineering, and envi- 21 ronmental methods, models, and analyses used by 22 the Chief of Engineers, to accompany the publica- 23 tion of the report of the Chief of Engineers for the 24 project.

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1 (e) DURATION OF PROJECT STUDY PEER RE-

2 VIEWS.—

3 (1) DEADLINE.—A panel of experts established 4 under this section shall— 5 (A) complete its peer review under this sec- 6 tion for a project study and submit a report to 7 the Chief of Engineers under subsection (d)(5) 8 not more than 60 days after the last day of the 9 public comment period for the draft project 10 study, or, if the Chief of Engineers determines 11 that a longer period of time is necessary, such 12 period of time determined necessary by the 13 Chief of Engineers; and 14 (B) terminate on the date of initiation of 15 the State and agency review required by the 16 first section of the Flood Control Act of Decem- 17 ber 22, 1944 (58 Stat. 887).

18 (2) FAILURE TO MEET DEADLINE.—If a panel 19 of experts does not complete its peer review of a 20 project study under this section and submit a report 21 to the Chief of Engineers under subsection (d)(5) on 22 or before the deadline established by paragraph (1) 23 for the peer review, the Chief of Engineers shall 24 complete the project study without delay.

25 (f) RECOMMENDATIONS OF PANEL.—

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1 (1) CONSIDERATION BY THE CHIEF OF ENGI-

2 NEERS.—After receiving a report on a project study 3 from a panel of experts under this section and be- 4 fore entering a final record of decision for the 5 project, the Chief of Engineers shall consider any 6 recommendations contained in the report and pre- 7 pare a written response for any recommendations 8 adopted or not adopted.

9 (2) PUBLIC AVAILABILITY AND TRANSMITTAL

10 TO CONGRESS.—After receiving a report on a project 11 study from a panel of experts under this section, the 12 Chief of Engineers shall— 13 (A) make a copy of the report and any 14 written response of the Chief of Engineers on 15 recommendations contained in the report avail- 16 able to the public by electronic means, including 17 the Internet; and 18 (B) transmit to the Committee on Envi- 19 ronment and Public Works of the Senate and 20 the Committee on Transportation and Infra- 21 structure of the House of Representatives a 22 copy of the report, together with any such writ- 23 ten response, on the date of a final report of 24 the Chief of Engineers or other final decision 25 document for the project study.

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1 (g) COSTS.—

2 (1) IN GENERAL.—The costs of a panel of ex- 3 perts established for a peer review under this sec- 4 tion— 5 (A) shall be a Federal expense; and 6 (B) shall not exceed $500,000.

7 (2) WAIVER.—The Chief of Engineers may 8 waive the $500,000 limitation contained in para- 9 graph (1)(B) in cases that the Chief of Engineers 10 determines appropriate.

11 (h) APPLICABILITY.—This section shall apply to— 12 (1) project studies initiated during the 2-year 13 period preceding the date of enactment of this Act 14 and for which the array of alternatives to be consid- 15 ered has not been identified; and 16 (2) project studies initiated during the period 17 beginning on such date of enactment and ending 7 18 years after such date of enactment.

19 (i) REPORTS.—

20 (1) INITIAL REPORT.—Not later than 3 years 21 after the date of enactment of this section, the Chief 22 of Engineers shall submit to the Committee on Envi- 23 ronment and Public Works of the Senate and the 24 Committee on Transportation and Infrastructure of

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3 (2) ADDITIONAL REPORT.—Not later than 6 4 years after the date of enactment of this section, the 5 Chief of Engineers shall update the report under 6 paragraph (1) taking into account any further infor- 7 mation on implementation of this section and submit 8 such updated report to the Committee on Environ- 9 ment and Public Works of the Senate and the Com- 10 mittee on Transportation and Infrastructure of the 11 House of Representatives.

12 (j) NONAPPLICABILITY OF FACA.—The Federal Ad- 13 visory Committee Act (5 U.S.C. App.) shall not apply to 14 a peer review panel established under this section.

15 (k) SAVINGS CLAUSE.—Nothing in this section shall 16 be construed to affect any authority of the Chief of Engi- 17 neers to cause or conduct a peer review of a water re- 18 sources project existing on the date of enactment of this 19 section.

20 (l) DEFINITIONS.—In this section, the following defi- 21 nitions apply:

22 (1) PROJECT STUDY.—The term ‘‘project 23 study’’ means— 24 (A) a feasibility study or reevaluation 25 study for a water resources project, including

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8 (2) AFFECTED STATE.—The term ‘‘affected 9 State’’, as used with respect to a water resources 10 project, means a State all or a portion of which is 11 within the drainage basin in which the project is or 12 would be located and would be economically or envi- 13 ronmentally affected as a consequence of the project.

14 (3) ELIGIBLE ORGANIZATION.—The term ‘‘eligi- 15 ble organization’’ means an organization that— 16 (A) is described in section 501(c)(3), and 17 exempt from Federal tax under section 501(a), 18 of the Internal Revenue Code of 1986; 19 (B) is independent; 20 (C) is free from conflicts of interest; 21 (D) does not carry out or advocate for or 22 against Federal water resources projects; and 23 (E) has experience in establishing and ad- 24 ministering peer review panels.

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1 (4) TOTAL COST.—The term ‘‘total cost’’, as 2 used with respect to a water resources project, 3 means the cost of construction (including planning 4 and designing) of the project. In the case of a 5 project for hurricane and storm damage reduction or 6 flood damage reduction that includes periodic nour- 7 ishment over the life of the project, the term in- 8 cludes the total cost of the nourishment.

9 SEC. 2035. SAFETY ASSURANCE REVIEW.

10 (a) PROJECTS SUBJECT TO SAFETY ASSURANCE RE-

11 VIEW.—The Chief of Engineers shall ensure that the de- 12 sign and construction activities for hurricane and storm 13 damage reduction and flood damage reduction projects are 14 reviewed by independent experts under this section if the 15 Chief of Engineers determines that a review by inde- 16 pendent experts is necessary to assure public health, safe- 17 ty, and welfare.

18 (b) FACTORS.—In determining whether a review of 19 design and construction of a project is necessary under 20 this section, the Chief of Engineers shall consider wheth- 21 er— 22 (1) the failure of the project would pose a sig- 23 nificant threat to human life; 24 (2) the project involves the use of innovative 25 materials or techniques;

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5 (c) SAFETY ASSURANCE REVIEW.—

6 (1) INITIATION OF REVIEW.—At the appro- 7 priate point in the development of detailed engineer- 8 ing and design specifications for each water re- 9 sources project subject to review under this section, 10 the Chief of Engineers shall initiate a safety assur- 11 ance review by independent experts on the design 12 and construction activities for the project.

13 (2) SELECTION OF REVIEWERS.—A safety as- 14 surance review under this section shall include par- 15 ticipation by experts selected by the Chief of Engi- 16 neers from among individuals who are distinguished 17 experts in engineering, hydrology, or other appro- 18 priate disciplines. The Chief of Engineers shall apply 19 the National Academy of Science’s policy for select- 20 ing reviewers to ensure that reviewers have no con- 21 flict of interest with the project being reviewed.

22 (3) COMPENSATION.—An individual serving as 23 an independent reviewer under this section shall be 24 compensated at a rate of pay to be determined by 25 the Secretary and shall be allowed travel expenses.

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1 (d) SCOPE OF SAFETY ASSURANCE REVIEWS.—A 2 safety assurance review under this section shall include a 3 review of the design and construction activities prior to 4 the initiation of physical construction and periodically 5 thereafter until construction activities are completed on a 6 regular schedule sufficient to inform the Chief of Engi- 7 neers on the adequacy, appropriateness, and acceptability 8 of the design and construction activities for the purpose 9 of assuring public health, safety, and welfare. The Chief 10 of Engineers shall ensure that reviews under this section 11 do not create any unnecessary delays in design and con- 12 struction activities.

13 (e) SAFETY ASSURANCE REVIEW RECORD.—The 14 written recommendations of a reviewer or panel of review- 15 ers under this section and the responses of the Chief of 16 Engineers shall be available to the public, including 17 through electronic means on the Internet.

18 (f) APPLICABILITY.—This section shall apply to any 19 project in design or under construction on the date of en- 20 actment of this Act and to any project with respect to 21 which design or construction is initiated during the period 22 beginning on the date of enactment of this Act and ending 23 7 years after such date of enactment.

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2 LANDS LOSSES.

3 (a) MITIGATION FOR FISH AND WILDLIFE

4 LOSSES.—Section 906(d) of the Water Resources Devel- 5 opment Act of 1986 (33 U.S.C. 2283(d)) is amended— 6 (1) in the first sentence of paragraph (1) by 7 striking ‘‘to the Congress’’ and inserting ‘‘to Con- 8 gress in any report, and shall not select a project al- 9 ternative in any report,’’; 10 (2) in the second sentence of paragraph (1) by 11 inserting ‘‘, and other habitat types are mitigated to 12 not less than in-kind conditions’’ after ‘‘mitigated in- 13 kind’’; and 14 (3) by adding at the end the following:

15 ‘‘(3) MITIGATION REQUIREMENTS.—

16 ‘‘(A) IN GENERAL.—To mitigate losses to 17 flood damage reduction capabilities and fish 18 and wildlife resulting from a water resources 19 project, the Secretary shall ensure that the 20 mitigation plan for each water resources project 21 complies with the mitigation standards and 22 policies established pursuant to the regulatory 23 programs administered by the Secretary.

24 ‘‘(B) INCLUSIONS.—A specific mitigation 25 plan for a water resources project under para- 26 graph (1) shall include, at a minimum—

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13 ‘‘(C) RESPONSIBILITY FOR MONITORING.— 14 In any case in which it is not practicable to 15 identify in a mitigation plan for a water re- 16 sources project the entity responsible for moni- 17 toring at the time of a final report of the Chief 18 of Engineers or other final decision document 19 for the project, such entity shall be identified in 20 the partnership agreement entered into with the 21 non-Federal interest under section 221 of Flood 22 Control Act of 1970 (42 U.S.C. 1962d–5b).

23 ‘‘(4) DETERMINATION OF SUCCESS.—

24 ‘‘(A) IN GENERAL.—A mitigation plan 25 under this subsection shall be considered to be

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5 ‘‘(B) CONSULTATION.—In determining 6 whether a mitigation plan is successful under 7 subparagraph (A), the Secretary shall consult 8 annually with appropriate Federal agencies and 9 each State in which the applicable project is lo- 10 cated on at least the following: 11 ‘‘(i) The ecological success of the miti- 12 gation as of the date on which the report 13 is submitted. 14 ‘‘(ii) The likelihood that the mitiga- 15 tion will achieve ecological success, as de- 16 fined in the mitigation plan. 17 ‘‘(iii) The projected timeline for 18 achieving that success. 19 ‘‘(iv) Any recommendations for im- 20 proving the likelihood of success.

21 ‘‘(5) MONITORING.—Mitigation monitoring 22 shall continue until it has been demonstrated that 23 the mitigation has met the ecological success cri- 24 teria.’’.

25 (b) STATUS REPORT.—

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1 (1) IN GENERAL.—Concurrent with the Presi- 2 dent’s submission to Congress of the President’s re- 3 quest for appropriations for the Civil Works Pro- 4 gram for a fiscal year, the Secretary shall submit to 5 the Committee on Transportation and Infrastructure 6 of the House of Representatives and the Committee 7 on Environment and Public Works of the Senate a 8 report on the status of construction of projects that 9 require mitigation under section 906 of the Water 10 Resources Development Act of 1986 (33 U.S.C. 11 2283), the status of such mitigation, and the results 12 of the consultation under subsection (d)(4)(B) of 13 such section.

14 (2) PROJECTS INCLUDED.—The status report 15 shall include the status of— 16 (A) all projects that are under construction 17 as of the date of the report; 18 (B) all projects for which the President re- 19 quests funding for the next fiscal year; and 20 (C) all projects that have undergone or 21 completed construction, but have not completed 22 the mitigation required under section 906 of the 23 Water Resources Development Act of 1986.

24 (3) AVAILABILITY OF INFORMATION.—The Sec- 25 retary shall make information contained in the sta-

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3 (c) WETLANDS MITIGATION.—

4 (1) IN GENERAL.—In carrying out a water re- 5 sources project that involves wetlands mitigation and 6 that has impacts that occur within the service area 7 of a mitigation bank, the Secretary, where appro- 8 priate, shall first consider the use of the mitigation 9 bank if the bank contains sufficient available credits 10 to offset the impact and the bank is approved in ac- 11 cordance with the Federal Guidance for the Estab- 12 lishment, Use and Operation of Mitigation Banks 13 (60 Fed. Reg. 58605) or other applicable Federal 14 law (including regulations).

15 (2) SERVICE AREA.—To the maximum extent 16 practicable, the service area of the mitigation bank 17 under paragraph (1) shall be in the same watershed 18 as the affected habitat.

19 (3) RESPONSIBILITY FOR MONITORING.—

20 (A) IN GENERAL.—Purchase of credits 21 from a mitigation bank for a water resources 22 project relieves the Secretary and the non-Fed- 23 eral interest from responsibility for monitoring 24 or demonstrating mitigation success.

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1 (B) APPLICABILITY.—The relief of respon- 2 sibility under subparagraph (A) applies only in 3 any case in which the Secretary determines that 4 monitoring of mitigation success is being con- 5 ducted by the Secretary or by the owner or op- 6 erator of the mitigation bank.

7 SEC. 2037. REGIONAL SEDIMENT MANAGEMENT.

8 (a) IN GENERAL.—Section 204 of the Water Re- 9 sources Development Act of 1992 (33 U.S.C. 2326) is 10 amended to read as follows:

11 ‘‘SEC. 204. REGIONAL SEDIMENT MANAGEMENT.

12 ‘‘(a) IN GENERAL.—

13 ‘‘(1) SEDIMENT USE.—For sediment obtained 14 through the construction, operation, or maintenance 15 of an authorized Federal water resources project, 16 the Secretary shall develop, at Federal expense, re- 17 gional sediment management plans and carry out 18 projects at locations identified in plans developed 19 under this section, or identified jointly by the non- 20 Federal interest and the Secretary, for use in the 21 construction, repair, modification, or rehabilitation 22 of projects associated with Federal water resources 23 projects for purposes listed in paragraph (3).

24 ‘‘(2) COOPERATION.—The Secretary shall de- 25 velop plans under this subsection in cooperation with

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3 ‘‘(3) PURPOSES FOR SEDIMENT USE IN

4 PROJECTS.—The purposes of using sediment for the 5 construction, repair, modification, or rehabilitation 6 of Federal water resources projects are— 7 ‘‘(A) to reduce storm damage to property; 8 ‘‘(B) to protect, restore, and create aquatic 9 and ecologically related habitats, including wet- 10 lands; and 11 ‘‘(C) to transport and place suitable sedi- 12 ment.

13 ‘‘(b) SECRETARIAL FINDINGS.—Subject to sub- 14 section (c), projects carried out under subsection (a) may 15 be carried out in any case in which the Secretary finds 16 that— 17 ‘‘(1) the environmental, economic, and social 18 benefits of the project, both monetary and nonmone- 19 tary, justify the cost of the project; and 20 ‘‘(2) the project will not result in environmental 21 degradation.

22 ‘‘(c) DETERMINATION OF PROJECT COSTS.—

23 ‘‘(1) COSTS OF CONSTRUCTION.—

24 ‘‘(A) IN GENERAL.—Costs associated with 25 construction of a project under this section or

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9 ‘‘(B) COST SHARING.—

10 ‘‘(i) IN GENERAL.—Except as pro- 11 vided in clause (ii), the non-Federal share 12 of the construction cost of a project under 13 this section shall be determined as pro- 14 vided in subsections (a) through (d) of sec- 15 tion 103 of the Water Resources Develop- 16 ment Act of 1986 (33 U.S.C. 2213).

17 ‘‘(ii) SPECIAL RULE.—Construction of 18 a project under this section for one or 19 more of the purposes of protection, res- 20 toration, or creation of aquatic and eco- 21 logically related habitat, the cost of which 22 does not exceed $750,000 and which is lo- 23 cated in a disadvantaged community as de- 24 termined by the Secretary, may be carried 25 out at Federal expense.

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1 ‘‘(C) TOTAL COST.—The total Federal 2 costs associated with construction of a project 3 under this section may not exceed $5,000,000.

4 ‘‘(2) OPERATION, MAINTENANCE, REPLACE-

5 MENT, AND REHABILITATION COSTS.—Operation, 6 maintenance, replacement, and rehabilitation costs 7 associated with a project under this section are the 8 responsibility of the non-Federal interest.

9 ‘‘(d) SELECTION OF DREDGED MATERIAL DISPOSAL

10 METHOD FOR ENVIRONMENTAL PURPOSES.—

11 ‘‘(1) IN GENERAL.—In developing and carrying 12 out a Federal water resources project involving the 13 disposal of dredged material, the Secretary may se- 14 lect, with the consent of the non-Federal interest, a 15 disposal method that is not the least cost option if 16 the Secretary determines that the incremental costs 17 of the disposal method are reasonable in relation to 18 the environmental benefits, including the benefits to 19 the aquatic environment to be derived from the cre- 20 ation of wetlands and control of shoreline erosion.

21 ‘‘(2) FEDERAL SHARE.—The Federal share of 22 such incremental costs shall be determined in ac- 23 cordance with subsection (c).

24 ‘‘(e) STATE AND REGIONAL PLANS.—The Secretary 25 may—

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10 ‘‘(f) PRIORITY AREAS.—In carrying out this section, 11 the Secretary shall give priority to a regional sediment 12 management project in the vicinity of each of the fol- 13 lowing: 14 ‘‘(1) Little Rock Slackwater Harbor, Arkansas. 15 ‘‘(2) Fletcher Cove, California. 16 ‘‘(3) Egmont Key, Florida. 17 ‘‘(4) Calcasieu Ship Channel, Louisiana. 18 ‘‘(5) Delaware River Estuary, New Jersey and 19 Pennsylvania. 20 ‘‘(6) Fire Island Inlet, Suffolk County, New 21 York. 22 ‘‘(7) Smith Point Park Pavilion and the TWA 23 Flight 800 Memorial, Brookhaven, New York. 24 ‘‘(8) Morehead City, North Carolina. 25 ‘‘(9) Toledo Harbor, Lucas County, Ohio.

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3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 4 is authorized to be appropriated to carry out this section 5 $30,000,000 per fiscal year, of which not more than 6 $5,000,000 per fiscal year may be used for the develop- 7 ment of regional sediment management plans authorized 8 by subsection (e) and of which not more than $3,000,000 9 per fiscal year may be used for construction of projects 10 to which subsection (c)(1)(B)(ii) applies. Such funds shall 11 remain available until expended.’’.

12 (b) CONFORMING REPEAL.—

13 (1) IN GENERAL.—Section 145 of the Water 14 Resources Development Act of 1976 (33 U.S.C. 15 426j) is repealed.

16 (2) EXISTING PROJECTS.—The Secretary may 17 complete any project being carried out under section 18 145 of the Water Resources Development Act of 19 1976 on the day before the date of enactment of this 20 Act.

21 SEC. 2038. NATIONAL SHORELINE EROSION CONTROL DE-

22 VELOPMENT PROGRAM.

23 (a) IN GENERAL.—Section 3 of the Act entitled ‘‘An 24 Act authorizing Federal participation in the cost of pro- 25 tecting the shores of publicly owned property’’, approved

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3 ‘‘SEC. 3. STORM AND HURRICANE RESTORATION AND IM-

4 PACT MINIMIZATION PROGRAM.

5 ‘‘(a) CONSTRUCTION OF SMALL SHORE AND BEACH

6 RESTORATION AND PROTECTION PROJECTS.—

7 ‘‘(1) IN GENERAL.—The Secretary may carry 8 out a program for the construction of small shore 9 and beach restoration and protection projects not 10 specifically authorized by Congress that otherwise 11 comply with the first section of this Act if the Sec- 12 retary determines that such construction is advis- 13 able.

14 ‘‘(2) LOCAL COOPERATION.—The local coopera- 15 tion requirement of the first section of this Act shall 16 apply to a project under this section.

17 ‘‘(3) COMPLETENESS.—A project under this 18 subsection— 19 ‘‘(A) shall be complete; and 20 ‘‘(B) shall not commit the United States to 21 any additional improvement to ensure the suc- 22 cessful operation of the project; except for par- 23 ticipation in periodic beach nourishment in ac- 24 cordance with— 25 ‘‘(i) the first section of this Act; and

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4 ‘‘(b) NATIONAL SHORELINE EROSION CONTROL DE-

5 VELOPMENT AND DEMONSTRATION PROGRAM.—

6 ‘‘(1) IN GENERAL.—The Secretary shall con- 7 duct under the program authorized by subsection (a) 8 a national shoreline erosion control development and 9 demonstration program (referred to in this section 10 as the ‘demonstration program’).

11 ‘‘(2) REQUIREMENTS.—

12 ‘‘(A) IN GENERAL.—The demonstration 13 program shall include provisions for— 14 ‘‘(i) projects consisting of planning, 15 design, construction, and monitoring of 16 prototype engineered and native and natu- 17 ralized vegetative shoreline erosion control 18 devices and methods; 19 ‘‘(ii) monitoring of the applicable pro- 20 totypes; 21 ‘‘(iii) detailed engineering and envi- 22 ronmental reports on the results of each 23 project carried out under the demonstraton 24 program; and

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6 ‘‘(B) DETERMINATION OF FEASIBILITY.— 7 A project under the demonstration program 8 shall not be carried out until the Secretary de- 9 termines that the project is feasible.

10 ‘‘(C) EMPHASIS.—A project under the 11 demonstration program shall emphasize, to the 12 maximum extent practicable— 13 ‘‘(i) the development and demonstra- 14 tion of innovative technologies; 15 ‘‘(ii) efficient designs to prevent ero- 16 sion at a shoreline site, taking into account 17 the lifecycle cost of the design, including 18 cleanup, maintenance, and amortization; 19 ‘‘(iii) new and enhanced shore protec- 20 tion project design and project formulation 21 tools the purposes of which are to improve 22 the physical performance, and lower the 23 lifecycle costs, of the projects; 24 ‘‘(iv) natural designs, including the 25 use of native and naturalized vegetation or

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24 ‘‘(D) SITES.—

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1 ‘‘(i) IN GENERAL.—Each project 2 under the demonstration program may be 3 carried out at— 4 ‘‘(I) a privately owned site with 5 substantial public access; or 6 ‘‘(II) a publicly owned site on 7 open coast or in tidal waters.

8 ‘‘(ii) SELECTION.—The Secretary 9 shall develop criteria for the selection of 10 sites for projects under the demonstration 11 program, including criteria based on— 12 ‘‘(I) a variety of geographic and 13 climatic conditions; 14 ‘‘(II) the size of the population 15 that is dependent on the beaches for 16 recreation or the protection of private 17 property or public infrastructure; 18 ‘‘(III) the rate of erosion; 19 ‘‘(IV) significant natural re- 20 sources or habitats and environ- 21 mentally sensitive areas; and 22 ‘‘(V) significant threatened his- 23 toric structures or landmarks.

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1 ‘‘(3) CONSULTATION.—The Secretary shall 2 carry out the demonstration program in consultation 3 with— 4 ‘‘(A) the Secretary of Agriculture, particu- 5 larly with respect to native and naturalized veg- 6 etative means of preventing and controlling 7 shoreline erosion; 8 ‘‘(B) Federal, State, and local agencies; 9 ‘‘(C) private organizations; 10 ‘‘(D) the Coastal Engineering Research 11 Center established by the first section of Public 12 Law 88–172 (33 U.S.C. 426–1); and 13 ‘‘(E) applicable university research facili- 14 ties.

15 ‘‘(4) COMPLETION OF DEMONSTRATION.—After 16 carrying out the initial construction and evaluation 17 of the performance and cost of a project under the 18 demonstration program, the Secretary may— 19 ‘‘(A) amend, at the request of a non-Fed- 20 eral interest of the project, the partnership 21 agreement for a federally authorized shore pro- 22 tection project in existence on the date on 23 which initial construction of the project under 24 the demonstration program is complete to in- 25 corporate the project constructed under the

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11 ‘‘(5) AGREEMENTS.—The Secretary may enter 12 into a partnership agreement with the non-Federal 13 interest or a cooperative agreement with the head of 14 another Federal agency under the demonstration 15 program— 16 ‘‘(A) to share the costs of construction, op- 17 eration, maintenance, and monitoring of a 18 project under the demonstration program; 19 ‘‘(B) to share the costs of removing the 20 project, or element of the project if the Sec- 21 retary determines that the project or element of 22 the project is detrimental to public or private 23 property, public infrastructure, or public safety; 24 or

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5 ‘‘(6) REPORT.—Not later than December 31, 6 2008, and every 3 years thereafter, the Secretary 7 shall prepare and submit to the Committee on Envi- 8 ronment and Public Works of the Senate and the 9 Committee on Transportation and Infrastructure of 10 the House of Representatives a report describing— 11 ‘‘(A) the activities carried out and accom- 12 plishments made under the demonstration pro- 13 gram since the previous report under this para- 14 graph; and 15 ‘‘(B) any recommendations of the Sec- 16 retary relating to the program.

17 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

18 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 19 the Secretary may expend, from any appropriations 20 made available to the Secretary for the purpose of 21 carrying out civil works, not more than $30,000,000 22 during any fiscal year to pay the Federal share of 23 the costs of construction of small shore and beach 24 restoration and protection projects or small projects 25 under this section.

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1 ‘‘(2) LIMITATION.—The total amount expended 2 for a project under this section shall— 3 ‘‘(A) be sufficient to pay the cost of Fed- 4 eral participation in the project (including peri- 5 odic nourishment as provided for under the first 6 section of this Act), as determined by the Sec- 7 retary; and 8 ‘‘(B) be not more than $5,000,000.’’.

9 (b) REPEAL.—Section 5 the Act entitled ‘‘An Act au- 10 thorizing Federal participation in the cost of protecting 11 the shores of publicly owned property’’, approved August 12 13, 1946 (33 U.S.C. 426h), is repealed.

13 SEC. 2039. MONITORING ECOSYSTEM RESTORATION.

14 (a) IN GENERAL.—In conducting a feasibility study 15 for a project (or a component of a project) for ecosystem 16 restoration, the Secretary shall ensure that the rec- 17 ommended project includes, as an integral part of the 18 project, a plan for monitoring the success of the ecosystem 19 restoration.

20 (b) MONITORING PLAN.—The monitoring plan 21 shall— 22 (1) include a description of the monitoring ac- 23 tivities to be carried out, the criteria for ecosystem 24 restoration success, and the estimated cost and du- 25 ration of the monitoring; and

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5 (c) COST SHARE.—For a period of 10 years from 6 completion of construction of a project (or a component 7 of a project) for ecosystem restoration, the Secretary shall 8 consider the cost of carrying out the monitoring as a 9 project cost. If the monitoring plan under subsection (b) 10 requires monitoring beyond the 10-year period, the cost 11 of monitoring shall be a non-Federal responsibility.

12 SEC. 2040. ELECTRONIC SUBMISSION OF PERMIT APPLICA-

13 TIONS.

14 (a) IN GENERAL.—Not later than 2 years after the 15 date of enactment of this Act, the Secretary shall imple- 16 ment a program to allow electronic submission of permit 17 applications for permits under the jurisdiction of the Sec- 18 retary.

19 (b) LIMITATIONS.—This section does not preclude 20 the submission of a physical copy.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to carry out this section 23 $3,000,000.

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2 (a) PROJECT TRACKING.—The Secretary shall assign 3 a unique tracking number to each water resources project 4 under the jurisdiction of the Secretary to be used by each 5 Federal agency throughout the life of the project.

6 (b) REPORT REPOSITORY.—

7 (1) IN GENERAL.—The Secretary shall provide 8 to the Library of Congress a copy of each final feasi- 9 bility study, final environmental impact statement, 10 final reevaluation report, record of decision, and re- 11 port to Congress prepared by the Corps of Engi- 12 neers.

13 (2) AVAILABILITY TO PUBLIC.—Each document 14 described in paragraph (1) shall be made available 15 to the public, and an electronic copy of each docu- 16 ment shall be made permanently available to the 17 public through the Internet.

18 SEC. 2042. PROGRAM ADMINISTRATION. 19 Sections 101, 106, and 108 of the Energy and Water 20 Development Appropriations Act, 2006 (Public Law 109– 21 103; 119 Stat. 2252–2254), are repealed.

22 SEC. 2043. STUDIES AND REPORTS FOR WATER RESOURCES

23 PROJECTS.

24 (a) STUDIES.—

25 (1) COST-SHARING REQUIREMENTS.—Section 26 105(a) of the Water Resources Development Act of

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3 ‘‘(3) DETAILED PROJECT REPORTS.—The re- 4 quirements of this subsection that apply to a feasi- 5 bility study also shall apply to a study that results 6 in a detailed project report, except that— 7 ‘‘(A) the first $100,000 of the costs of a 8 study that results in a detailed project report 9 shall be a Federal expense; and 10 ‘‘(B) paragraph (1)(C)(ii) shall not apply 11 to such a study.’’.

12 (2) PLANNING AND ENGINEERING.—Section 13 105(b) of such Act (33 U.S.C. 2215(b)) is amended 14 by striking ‘‘authorized by this Act’’.

15 (3) DEFINITIONS.—Section 105 of such Act (33 16 U.S.C. 2215) is amended by adding at the end the 17 following:

18 ‘‘(d) DEFINITIONS.—In this section, the following 19 definitions apply:

20 ‘‘(1) DETAILED PROJECT REPORT.—The term 21 ‘detailed project report’ means a report for a project 22 not specifically authorized by Congress in law or 23 otherwise that determines the feasibility of the 24 project with a level of detail appropriate to the scope 25 and complexity of the recommended solution and

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7 ‘‘(2) FEASIBILITY STUDY.—The term ‘feasi- 8 bility study’ means a study that results in a feasi- 9 bility report under section 905, and any associated 10 environmental impact statement and mitigation 11 plan, prepared by the Corps of Engineers for a 12 water resources project. The term includes a study 13 that results in a project implementation report pre- 14 pared under title VI of the Water Resources Devel- 15 opment Act of 2000 (114 Stat. 2680–2694), a gen- 16 eral reevaluation report, and a limited reevaluation 17 report.’’.

18 (b) REPORTS.—

19 (1) PREPARATION.—Section 905(a) of the 20 Water Resources Development Act of 1986 (33 21 U.S.C. 2282(a)) is amended— 22 (A) by striking ‘‘(a) In the case of any’’ 23 and inserting the following:

24 ‘‘(a) PREPARATION OF REPORTS.—

25 ‘‘(1) IN GENERAL.—In the case of any’’;

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10 ‘‘(2) CONTENTS OF FEASIBILITY REPORTS.—A 11 feasibility report’’; 12 (D) by striking ‘‘The feasibility report’’ 13 and inserting ‘‘A feasibility report’’; and 14 (E) by striking the last sentence and in- 15 serting the following:

16 ‘‘(3) APPLICABILITY.—This subsection shall not 17 apply to— 18 ‘‘(A) any study with respect to which a re- 19 port has been submitted to Congress before the 20 date of enactment of this Act; 21 ‘‘(B) any study for a project, which project 22 is authorized for construction by this Act and 23 is not subject to section 903(b);

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7 ‘‘(4) FEASIBILITY REPORT DEFINED.—In this 8 subsection, the term ‘feasibility report’ means each 9 feasibility report, and any associated environmental 10 impact statement and mitigation plan, prepared by 11 the Corps of Engineers for a water resources 12 project. The term includes a project implementation 13 report prepared under title VI of the Water Re- 14 sources Development Act of 2000 (114 Stat. 2680– 15 2694), a general reevaluation report, and a limited 16 reevaluation report.’’.

17 (2) PROJECTS NOT SPECIFICALLY AUTHORIZED

18 BY CONGRESS.—Section 905 of such Act is further 19 amended—

20 (A) in subsection (b) by inserting ‘‘RECON-

21 NAISSANCE STUDIES.—’’ before ‘‘Before initi- 22 ating’’; 23 (B) by redesignating subsections (c), (d), 24 and (e) as subsections (d), (e), and (f), respec- 25 tively;

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3 ‘‘(c) PROJECTS NOT SPECIFICALLY AUTHORIZED BY

4 CONGRESS.—In the case of any water resources project- 5 related study authorized to be undertaken by the Sec- 6 retary without specific authorization by Congress in law 7 or otherwise, the Secretary shall prepare a detailed project 8 report.’’; 9 (D) in subsection (d) (as so redesignated)

10 by inserting ‘‘INDIAN TRIBES.—’’ before ‘‘For 11 purposes of’’; and 12 (E) in subsection (e) (as so redesignated)

13 by inserting ‘‘STANDARD AND UNIFORM PRO-

14 CEDURES AND PRACTICES.—’’ before ‘‘The Sec- 15 retary shall’’.

16 SEC. 2044. COORDINATION AND SCHEDULING OF FEDERAL,

17 STATE, AND LOCAL ACTIONS.

18 (a) NOTICE OF INTENT.—Upon request of the non- 19 Federal interest in the form of a written notice of intent 20 to construct or modify a non-Federal water supply, waste- 21 water infrastructure, flood damage reduction, storm dam- 22 age reduction, ecosystem restoration, or navigation project 23 that requires the approval of the Secretary, the Secretary 24 shall initiate, subject to subsection (c), procedures to es- 25 tablish a schedule for consolidating Federal, State, and

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8 (b) COORDINATION.—The Secretary shall seek, to the 9 extent practicable, to consolidate hearing and comment pe- 10 riods, procedures for data collection and report prepara- 11 tion, and the environmental review and permitting proc- 12 esses associated with the project and related activities. 13 The Secretary shall notify, to the extent possible, the non- 14 Federal interest of its responsibilities for data develop- 15 ment and information that may be necessary to process 16 each permit required for the project, including a schedule 17 when the information and data should be provided to the 18 appropriate Federal, State, or local agency or Indian tribe.

19 (c) COSTS OF COORDINATION.—The costs incurred 20 by the Secretary to establish and carry out a schedule to 21 consolidate Federal, State, and local agency and Indian 22 tribe environmental assessments, project reviews, and per- 23 mit issuance for a project under this section shall be paid 24 by the non-Federal interest.

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1 (d) REPORT ON TIMESAVINGS METHODS.—Not later 2 than 3 years after the date of enactment of this section, 3 the Secretary shall prepare and transmit to Congress a 4 report estimating the time required for the issuance of all 5 Federal, State, local, and tribal permits for the construc- 6 tion of non-Federal projects for water supply, wastewater 7 infrastructure, flood damage reduction, storm damage re- 8 duction, ecosystem restoration, and navigation.

9 SEC. 2045. PROJECT STREAMLINING.

10 (a) POLICY.—The benefits of water resources 11 projects are important to the Nation’s economy and envi- 12 ronment, and recommendations to Congress regarding 13 such projects should not be delayed due to uncoordinated 14 or inefficient reviews or the failure to timely resolve dis- 15 putes during the development of water resources projects.

16 (b) SCOPE.—This section shall apply to each study 17 initiated after the date of enactment of this Act to develop 18 a feasibility report under section 905 of the Water Re- 19 sources Development Act of 1986 (33 U.S.C. 2282), or 20 a reevaluation report, for a water resources project if the 21 Secretary determines that such study requires an environ- 22 mental impact statement under the National Environ- 23 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

24 (c) WATER RESOURCES PROJECT REVIEW PROC-

25 ESS.—The Secretary shall develop and implement a co-

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3 (d) COORDINATED REVIEWS.—The coordinated re- 4 view process under this section may provide that all re- 5 views, analyses, opinions, permits, licenses, and approvals 6 that must be issued or made by a Federal, State, or local 7 government agency or Indian tribe for the development of 8 a water resources project described in subsection (b) will 9 be conducted, to the maximum extent practicable, concur- 10 rently and completed within a time period established by 11 the Secretary in cooperation with the agencies identified 12 under subsection (e) with respect to the project.

13 (e) IDENTIFICATION OF JURISDICTIONAL AGEN-

14 CIES.—With respect to the development of each water re- 15 sources project, the Secretary shall identify, as soon as 16 practicable, all Federal, State, and local government agen- 17 cies and Indian tribes that may— 18 (1) have jurisdiction over the project; 19 (2) be required by law to conduct or issue a re- 20 view, analysis, or opinion for the project; or 21 (3) be required to make a determination on 22 issuing a permit, license, or approval for the project.

23 (f) STATE AUTHORITY.—If the coordinated review 24 process is being implemented under this section by the 25 Secretary with respect to the development of a water re-

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10 (g) MEMORANDUM OF UNDERSTANDING.—The co- 11 ordinated review process developed under this section may 12 be incorporated into a memorandum of understanding for 13 a water resources project between the Secretary, the heads 14 of Federal, State, and local government agencies, Indian 15 tribes identified under subsection (e), and the non-Federal 16 interest for the project.

17 (h) EFFECT OF FAILURE TO MEET DEADLINE.—

18 (1) NOTIFICATION.—If the Secretary deter- 19 mines that a Federal, State, or local government 20 agency, Indian tribe, or non-Federal interest that is 21 participating in the coordinated review process under 22 this section with respect to the development of a 23 water resources project has not met a deadline es- 24 tablished under subsection (d) for the project, the 25 Secretary shall notify, within 30 days of the date of

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4 (2) AGENCY REPORT.—Not later than 30 days 5 after the date of receipt of a notice under paragraph 6 (1), the Federal, State, or local government agency, 7 Indian tribe, or non-Federal interest involved may 8 submit a report to the Secretary, explaining why the 9 agency, Indian tribe, or non-Federal interest did not 10 meet the deadline and what actions it intends to 11 take to complete or issue the required review, anal- 12 ysis, or opinion or determination on issuing a per- 13 mit, license, or approval.

14 (3) REPORT TO CONGRESS.—Not later than 30 15 days after the date of receipt of a report under para- 16 graph (2), the Secretary shall compile and submit a 17 report to the Committee on Transportation and In- 18 frastructure of the House of Representatives, the 19 Committee on Environment and Public Works of the 20 Senate, and the Council on Environmental Quality, 21 describing any deadlines identified in paragraph (1), 22 and any information provided to the Secretary by 23 the Federal, State, or local government agency, In- 24 dian tribe, or non-Federal interest involved under 25 paragraph (2).

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1 (i) LIMITATIONS.—Nothing in this section shall pre- 2 empt or interfere with— 3 (1) any statutory requirement for seeking pub- 4 lic comment; 5 (2) any power, jurisdiction, or authority that a 6 Federal, State, or local government agency, Indian 7 tribe, or non-Federal interest has with respect to 8 carrying out a water resources project; or 9 (3) any obligation to comply with the provisions 10 of the National Environmental Policy Act of 1969 11 and the regulations issued by the Council on Envi- 12 ronmental Quality to carry out such Act.

13 SEC. 2046. PROJECT DEAUTHORIZATION. 14 Section 1001(b)(2) of the Water Resources Develop- 15 ment Act of 1986 (33 U.S.C. 579a(b)(2)) is amended— 16 (1) in the first sentence— 17 (A) by striking ‘‘two years’’ and inserting 18 ‘‘year’’; and 19 (B) by striking ‘‘7’’ and inserting ‘‘5’’; 20 (2) in the last sentence by striking ‘‘30 months 21 after the date’’ and inserting ‘‘the last date of the 22 fiscal year following the fiscal year in which’’; and 23 (3) in the last sentence by striking ‘‘such 30 24 month period’’ and inserting ‘‘such period’’.

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2 (a) HOPPER DREDGE MCFARLAND.—Section 563 of 3 the Water Resources Development Act of 1996 (110 Stat. 4 3784) is amended to read as follows:

5 ‘‘SEC. 563. HOPPER DREDGE MCFARLAND.

6 ‘‘(a) PLACEMENT IN READY RESERVE STATUS.—Not 7 before October 1, 2009, and not after December 31, 2009, 8 the Secretary shall— 9 ‘‘(1) place the Federal hopper dredge McFar- 10 land (referred to in this section as the ‘vessel’) in a 11 ready reserve status; and 12 ‘‘(2) use the vessel solely for urgent and emer- 13 gency purposes in accordance with existing emer- 14 gency response protocols.

15 ‘‘(b) ROUTINE TESTS AND MAINTENANCE.—

16 ‘‘(1) IN GENERAL.—The Secretary shall peri- 17 odically perform routine underway dredging tests of 18 the equipment (not to exceed 70 days per year) of 19 the vessel in a ready reserve status to ensure the 20 ability of the vessel to perform urgent and emer- 21 gency work.

22 ‘‘(2) MAINTENANCE.—The Secretary— 23 ‘‘(A) shall not assign any scheduled hopper 24 dredging work to the vessel other than dredging 25 tests in the Delaware River and Bay; but

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5 ‘‘(c) ACTIVE STATUS FOR DREDGING.—The Sec- 6 retary, in consultation with affected stakeholders, shall 7 place the vessel in active status in order to perform dredg- 8 ing work if the Secretary determines that private industry 9 has failed— 10 ‘‘(1) to submit a responsive and responsible bid 11 for work advertised by the Secretary; or 12 ‘‘(2) to carry out a project as required pursuant 13 to a contract between the industry and the Sec- 14 retary.’’.

15 (b) HOPPER DREDGES ESSAYONS AND YAQUINA.— 16 Section 3(c)(7)(B) of the Act of August 11, 1888 (33 17 U.S.C. 622; 25 Stat. 423), is amended by adding at the 18 end the following: ‘‘This subparagraph shall not apply to 19 the Federal hopper dredges Essayons and Yaquina of the 20 Corps of Engineers.’’.

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3 SEC. 3001. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA. 4 Section 111 of title I of division C of the Consolidated 5 Appropriations Act, 2005 (118 Stat. 2944) is amended to 6 read as follows:

7 ‘‘SEC. 111. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.

8 ‘‘(a) CONSTRUCTION OF NEW FACILITIES.—

9 ‘‘(1) DEFINITIONS.—In this subsection, the fol- 10 lowing definitions apply:

11 ‘‘(A) EXISTING FACILITY.—The term ‘ex- 12 isting facility’ means the administrative and 13 maintenance facility for the project for Black 14 Warrior-Tombigbee Rivers, Alabama, author- 15 ized by the first section of the River and Har- 16 bor Appropriations Act of July 5, 1884 (24 17 Stat. 141), in existence on the date of enact- 18 ment of the Water Resources Development Act 19 of 2007.

20 ‘‘(B) PARCEL.—The term ‘Parcel’ means 21 the land owned by the Corps of Engineers serv- 22 ing as the operations and maintenance facility 23 of the Corps of Engineers in the city of Tusca- 24 loosa, Alabama, in existence on the date of en-

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3 ‘‘(2) AUTHORIZATION.—In carrying out the 4 project for Black Warrior-Tombigbee Rivers, Ala- 5 bama, the Secretary is authorized, at Federal ex- 6 pense— 7 ‘‘(A) to purchase land on which the Sec- 8 retary may construct a new maintenance facility 9 for the project, to be located— 10 ‘‘(i) at a different location from the 11 existing facility; and 12 ‘‘(ii) in the vicinity of the city of Tus- 13 caloosa, Alabama; 14 ‘‘(B) at any time during or after the com- 15 pletion of (and relocation to) the new mainte- 16 nance facility, to demolish the existing facility; 17 and 18 ‘‘(C) to construct on the Parcel a new ad- 19 ministrative facility for the project.

20 ‘‘(b) ACQUISITION AND DISPOSITION OF PROP-

21 ERTY.—The Secretary— 22 ‘‘(1) may acquire any real property necessary 23 for the construction of the new maintenance facility 24 under subsection (a)(2)(A); and

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11 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 12 is authorized to be appropriated to carry out this section 13 $32,000,000.’’.

14 SEC. 3002. COOK INLET, ALASKA. 15 Section 118(a)(3) of the Energy and Water Develop- 16 ment Appropriations Act, 2005 (title I of division C of 17 the Consolidated Appropriations Act, 2005; 118 Stat. 18 2945) is amended by inserting ‘‘as part of the operation 19 and maintenance of such project modification’’ after ‘‘by 20 the Secretary’’.

21 SEC. 3003. KING COVE HARBOR, ALASKA. 22 The maximum amount of Federal funds that may be 23 expended for the project for navigation, King Cove Har- 24 bor, Alaska, being carried out under section 107 of the

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3 SEC. 3004. SEWARD HARBOR, ALASKA. 4 The project for navigation, Seward Harbor, Alaska, 5 authorized by section 101(a)(3) of the Water Resources 6 Development Act of 1999 (113 Stat. 274), is modified to 7 authorize the Secretary to extend the existing breakwater 8 by approximately 215 feet, at a total cost of $3,333,000, 9 with an estimated Federal cost of $2,666,000 and an esti- 10 mated non-Federal cost of $667,000.

11 SEC. 3005. SITKA, ALASKA. 12 The Sitka, Alaska, element of the project for naviga- 13 tion, Southeast Alaska Harbors of Refuge, Alaska, author- 14 ized by section 101(1) of the Water Resources Develop- 15 ment Act of 1992 (106 Stat. 4801), is modified to direct 16 the Secretary to take such action as is necessary to correct 17 design deficiencies in the Sitka Harbor Breakwater at 18 Federal expense. The estimated cost is $6,300,000.

19 SEC. 3006. TATITLEK, ALASKA. 20 The maximum amount of Federal funds that may be 21 expended for the project for navigation, Tatitlek, Alaska, 22 being carried out under section 107 of the River and Har- 23 bor Act of 1960 (33 U.S.C. 577), shall be $10,000,000.

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9 SEC. 3008. NOGALES WASH AND TRIBUTARIES FLOOD CON-

10 TROL PROJECT, ARIZONA. 11 The project for flood control, Nogales Wash and trib- 12 utaries, Arizona, authorized by section 101(a)(4) of the 13 Water Resources Development Act of 1990 (104 Stat. 14 4606) and modified by section 303 of the Water Resources 15 Development Act of 1996 (110 Stat. 3711) and section 16 302 of the Water Resources Development Act of 2000 17 (114 Stat. 2600), is modified to authorize the Secretary 18 to construct the project at a total cost of $25,410,000, 19 with an estimated Federal cost of $22,930,000 and an es- 20 timated non-Federal cost of $2,480,000.

21 SEC. 3009. TUCSON DRAINAGE AREA, ARIZONA. 22 The project for flood damage reduction, environ- 23 mental restoration, and recreation, Tucson drainage area, 24 Arizona, authorized by section 101(a)(5) of the Water Re- 25 sources Development Act of 1999 (113 Stat. 274), is 26 modified to authorize the Secretary to construct the

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4 SEC. 3010. OSCEOLA HARBOR, ARKANSAS.

5 (a) IN GENERAL.—The project for navigation, Osce- 6 ola Harbor, Arkansas, constructed under section 107 of 7 the River and Harbor Act of 1960 (33 U.S.C. 577), is 8 modified to allow non-Federal interests to construct a 9 mooring facility within the existing authorized harbor 10 channel, subject to all necessary permits, certifications, 11 and other requirements.

12 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 13 Nothing in this section shall be construed as affecting the 14 responsibility of the Secretary to maintain the general 15 navigation features of the project at a bottom width of 16 250 feet.

17 SEC. 3011. ST. FRANCIS RIVER BASIN, ARKANSAS AND MIS-

18 SOURI. 19 The project for flood control, St. Francis River 20 Basin, Arkansas and Missouri, authorized by the Act of 21 June 15, 1936 (49 Stat. 1508), is modified to authorize 22 the Secretary to undertake channel stabilization and sedi- 23 ment removal measures on the St. Francis River and trib- 24 utaries as a nonseparable element of the original project.

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14 SEC. 3013. RED-OUACHITA RIVER BASIN LEVEES, ARKAN-

15 SAS AND LOUISIANA.

16 (a) IN GENERAL.—Section 204 of the Flood Control 17 Act of 1950 (64 Stat. 173) is amended in the matter

18 under the heading ‘‘RED-OUACHITA RIVER BASIN’’ by 19 striking ‘‘improvements at Calion, Arkansas’’ and insert- 20 ing ‘‘improvements at Calion, Arkansas (including author- 21 ization for the comprehensive flood-control project for 22 Ouachita River and tributaries, incorporating in the 23 project all flood control, drainage, and power improve- 24 ments in the basin above the lower end of the left bank 25 Ouachita River levee)’’.

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1 (b) MODIFICATION.—Section 3 of the Flood Control 2 Act of August 18, 1941 (55 Stat. 642), is amended in 3 the second sentence of subsection (a) in the matter under

4 the heading ‘‘LOWER MISSISSIPPI RIVER’’ by inserting be- 5 fore the period at the end the following: ‘‘; except that 6 the Ouachita River Levees, Louisiana, authorized by the 7 first section of the Mississippi River Flood Control Act 8 of May 15, 1928 (45 Stat. 534), shall remain as a compo- 9 nent of the Mississippi River and Tributaries Project and 10 afforded operation and maintenance responsibilities as 11 provided under section 3 of that Act (45 Stat. 535)’’.

12 SEC. 3014. CACHE CREEK BASIN, CALIFORNIA.

13 (a) IN GENERAL.—The project for flood control, 14 Cache Creek Basin, California, authorized by section 15 401(a) of the Water Resources Development Act of 1986 16 (100 Stat. 4112), is modified to direct the Secretary to 17 mitigate the impacts of the new south levee of the Cache 18 Creek settling basin on the storm drainage system of the 19 city of Woodland, including all appurtenant features, ero- 20 sion control measures, and environmental protection fea- 21 tures.

22 (b) OBJECTIVES.—Mitigation under subsection (a) 23 shall restore the preproject capacity of the city of Wood- 24 land to release 1,360 cubic feet per second of water to 25 the Yolo Bypass and shall include—

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8 SEC. 3015. CALFED STABILITY PROGRAM, CALIFORNIA.

9 (a) AMENDMENTS.—Section 103(f)(3) of the Water 10 Supply, Reliability, and Environmental Improvement Act 11 (118 Stat. 1695–1696) is amended— 12 (1) in subparagraph (A) by striking ‘‘within the 13 Delta (as defined in Cal. Water Code §12220)’’; 14 (2) by striking subparagraph (C) and inserting 15 the following:

16 ‘‘(C) JUSTIFICATION.—

17 ‘‘(i) IN GENERAL.—Notwithstanding 18 section 209 of the Flood Control Act of 19 1970 (42 U.S.C. 1962–2), in carrying out 20 levee stability programs and projects pur- 21 suant to this paragraph, the Secretary of 22 the Army may determine that the pro- 23 grams and projects are justified by the 24 benefits of the project purposes described 25 in subparagraph (A), and the programs

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5 ‘‘(ii) APPLICABILITY.—Clause (i) shall 6 not apply to any separable element in- 7 tended to produce benefits that are pre- 8 dominantly unrelated to the project pur- 9 poses described in subparagraph (A).’’; and 10 (3) in subparagraph (D)(i) by inserting ‘‘as de- 11 scribed in the Record of Decision’’ after ‘‘Public 12 Law 84–99 standard)’’.

13 (b) ADDITIONAL AUTHORIZATION OF APPROPRIA-

14 TIONS.—In addition to funds made available pursuant to 15 the Water Supply, Reliability, and Environmental Im- 16 provement Act (Public Law 108–361) to carry out section 17 103(f)(3)(D) of that Act (118 Stat. 1696), there is au- 18 thorized to be appropriated to carry out projects described 19 in that section $106,000,000, to remain available until ex- 20 pended.

21 SEC. 3016. COMPTON CREEK, CALIFORNIA. 22 The project for flood control, Los Angeles Drainage 23 Area, California, authorized by section 101(b) of the 24 Water Resources Development Act of 1990 (104 Stat.

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3 SEC. 3017. GRAYSON CREEK/MURDERER’S CREEK, CALI-

4 FORNIA. 5 The project for aquatic ecosystem restoration, Gray- 6 son Creek/Murderer’s Creek, California, being carried out 7 under section 206 of the Water Resources Development 8 Act of 1996 (33 U.S.C. 2330), is modified— 9 (1) to direct the Secretary to credit, in accord- 10 ance with section 221 of the Flood Control Act of 11 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 12 share of the cost of the project the cost of work car- 13 ried out by the non-Federal interest for the project 14 before the date of the partnership agreement for the 15 project; and 16 (2) to authorize the Secretary to consider na- 17 tional ecosystem restoration benefits in determining 18 the Federal interest in the project.

19 SEC. 3018. HAMILTON AIRFIELD, CALIFORNIA. 20 The project for environmental restoration, Hamilton 21 Airfield, California, authorized by section 101(b)(3) of the 22 Water Resources Development Act of 1999 (113 Stat. 23 279), is modified to direct the Secretary to construct the 24 project substantially in accordance with the report of the 25 Chief of Engineers dated July 19, 2004, at a total cost

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4 SEC. 3019. JOHN F. BALDWIN SHIP CHANNEL AND STOCK-

5 TON SHIP CHANNEL, CALIFORNIA. 6 The project for navigation, San Francisco to Stock- 7 ton, California, authorized by section 301 of the River and 8 Harbor Act of 1965 (79 Stat. 1091) is modified— 9 (1) to provide that the non-Federal share of the 10 cost of the John F. Baldwin Ship Channel and 11 Stockton Ship Channel element of the project may 12 be provided in the form of in-kind services and ma- 13 terials; and 14 (2) to direct the Secretary to credit, in accord- 15 ance with section 221 of the Flood Control Act of 16 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 17 share of the cost of such element the cost of plan- 18 ning and design work carried out by the non-Federal 19 interest for such element before the date of an 20 agreement for such planning and design.

21 SEC. 3020. KAWEAH RIVER, CALIFORNIA. 22 The project for flood control, Terminus Dam, 23 Kaweah River, California, authorized by section 101(b)(5) 24 of the Water Resources Development Act of 1996 (110 25 Stat. 3658), is modified to direct the Secretary to credit,

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7 SEC. 3021. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI-

8 FORNIA. 9 The project for navigation, Larkspur Ferry Channel, 10 Larkspur, California, authorized by section 601(d) of the 11 Water Resources Development Act of 1986 (100 Stat. 12 4148), is modified to direct the Secretary to determine 13 whether maintenance of the project is feasible, and if the 14 Secretary determines that maintenance of the project is 15 feasible, to carry out such maintenance.

16 SEC. 3022. LLAGAS CREEK, CALIFORNIA.

17 (a) IN GENERAL.—The project for flood damage re- 18 duction, Llagas Creek, California, authorized by section 19 501(a) of the Water Resources Development Act of 1999 20 (113 Stat. 333), is modified to direct the Secretary to 21 carry out the project at a total cost of $105,000,000, with 22 an estimated Federal cost of $65,000,000 and an esti- 23 mated non-Federal cost of $40,000,000.

24 (b) SPECIAL RULE.—In evaluating and implementing 25 the project, the Secretary shall allow the non-Federal in-

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6 SEC. 3023. MAGPIE CREEK, CALIFORNIA.

7 (a) IN GENERAL.—The project for Magpie Creek, 8 California, authorized under section 205 of the Flood Con- 9 trol Act of 1948 (33 U.S.C. 701s), is modified to direct 10 the Secretary to apply the cost-sharing requirements of 11 section 103(b) of the Water Resources Development Act 12 of 1986 (100 Stat. 4085) for the portion of the project 13 consisting of land acquisition to preserve and enhance ex- 14 isting floodwater storage.

15 (b) CREDIT.—The Secretary shall credit, in accord- 16 ance with section 221 of the Flood Control Act of 1970 17 (42 U.S.C. 1962d–5b), toward the non-Federal share of 18 the cost of the project the cost of planning and design 19 work carried out by the non-Federal interest for the 20 project before the date of the partnership agreement for 21 the project.

22 (c) COST.—The maximum amount of Federal funds 23 that may be expended for the project referred to in sub- 24 section (a) shall be $10,000,000.

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2 FORNIA. 3 The project for aquatic ecosystem restoration, Pacific 4 Flyway Center, Sacramento, California, being carried out 5 under section 206 of the Water Resources Development 6 Act of 1996 (33 U.S.C. 2330), is modified to authorize 7 the Secretary to expend $2,000,000 to enhance public ac- 8 cess to the project.

9 SEC. 3025. PETALUMA RIVER, PETALUMA, CALIFORNIA. 10 The project for flood damage reduction, Petaluma 11 River, Petaluma, California, authorized by section 112 of 12 the Water Resources Development Act of 2000 (114 Stat. 13 2587), is modified to authorize the Secretary to construct 14 the project at a total cost of $41,500,000, with an esti- 15 mated Federal cost of $26,975,000 and an estimated non- 16 Federal cost of $14,525,000.

17 SEC. 3026. PINOLE CREEK, CALIFORNIA. 18 The project for improvement of the quality of the en- 19 vironment, Pinole Creek Phase I, California, being carried 20 out under section 1135 of the Water Resources Develop- 21 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 22 the Secretary to credit, in accordance with section 221 of 23 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), to- 24 ward the non-Federal share of the cost of the project the 25 cost of work carried out by the non-Federal interest for

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3 SEC. 3027. PRADO DAM, CALIFORNIA. 4 Upon completion of the modifications to the Prado 5 Dam element of the project for flood control, Santa Ana 6 River Mainstem, California, authorized by section 401(a) 7 of the Water Resources Development Act of 1986 (100 8 Stat. 4113), the Memorandum of Agreement for the Oper- 9 ation for Prado Dam for Seasonal Additional Water Con- 10 servation between the Department of the Army and the 11 Orange County Water District (including all the condi- 12 tions and stipulations in the memorandum) shall remain 13 in effect for volumes of water made available prior to such 14 modifications.

15 SEC. 3028. REDWOOD CITY NAVIGATION CHANNEL, CALI-

16 FORNIA. 17 The Secretary may dredge the Redwood City Naviga- 18 tion Channel, California, on an annual basis, to maintain 19 the authorized depth of –30 feet mean lower low water.

20 SEC. 3029. SACRAMENTO AND AMERICAN RIVERS FLOOD

21 CONTROL, CALIFORNIA.

22 (a) NATOMAS LEVEE FEATURES.—

23 (1) IN GENERAL.—The project for flood control 24 and recreation, Sacramento and American Rivers, 25 California (Natomas Levee features), authorized by

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7 (2) ALLOCATION OF CREDIT.—The Secretary 8 shall allocate the amount to be credited pursuant to 9 paragraph (1) toward the non-Federal share of such 10 projects as are requested by the Sacramento Area 11 Flood Control Agency.

12 (b) JOINT FEDERAL PROJECT AT FOLSOM DAM.—

13 (1) IN GENERAL.—The project for flood con- 14 trol, American and Sacramento Rivers, California, 15 authorized by section 101(a)(6)(A) of the Water Re- 16 sources Development Act of 1999 (113 Stat. 274) 17 and modified by section 128 of the Energy and 18 Water Development Appropriations Act, 2006 (119 19 Stat. 2259), is modified to authorize the Secretary 20 to construct the auxiliary spillway generally in ac- 21 cordance with the Post Authorization Change Re- 22 port, American River Watershed Project (Folsom 23 Dam Modification and Folsom Dam Raise Projects), 24 dated March 2007, at a total cost of $683,000,000,

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3 (2) DAM SAFETY.—Nothing in this subsection 4 limits the authority of the Secretary of the Interior 5 to carry out dam safety activities in connection with 6 the auxiliary spillway in accordance with the Bureau 7 of Reclamation safety of dams program.

8 (3) TRANSFER OF FUNDS.—

9 (A) IN GENERAL.—The Secretary and the 10 Secretary of the Interior are authorized to 11 transfer between the Department of the Army 12 and the Department of the Interior appro- 13 priated amounts and other available funds (in- 14 cluding funds contributed by non-Federal inter- 15 ests) for the purpose of planning, design, and 16 construction of the auxiliary spillway.

17 (B) TERMS AND CONDITIONS.—Any trans- 18 fer made pursuant to this subsection shall be 19 subject to such terms and conditions as may be 20 agreed on by the Secretary and the Secretary of 21 the Interior.

22 SEC. 3030. SACRAMENTO DEEP WATER SHIP CHANNEL,

23 CALIFORNIA. 24 The project for navigation, Sacramento Deep Water 25 Ship Channel, California, authorized by section 202(a) of

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9 SEC. 3031. SACRAMENTO RIVER BANK PROTECTION, CALI-

10 FORNIA. 11 Section 202 of the River Basin Monetary Authoriza- 12 tion Act of 1974 (88 Stat. 49) is amended by striking 13 ‘‘and the monetary authorization’’ and all that follows 14 through the period at the end and inserting ‘‘; except that 15 the lineal feet in the second phase shall be increased from 16 405,000 lineal feet to 485,000 lineal feet.’’.

17 SEC. 3032. SALTON SEA RESTORATION, CALIFORNIA.

18 (a) DEFINITIONS.—In this section, the following defi- 19 nitions apply:

20 (1) SALTON SEA AUTHORITY.—The term 21 ‘‘Salton Sea Authority’’ means the joint powers au- 22 thority established under the laws of the State by a 23 joint power agreement signed on June 2, 1993.

24 (2) SALTON SEA SCIENCE OFFICE.—The term 25 ‘‘Salton Sea Science Office’’ means the office estab-

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4 (3) STATE.—The term ‘‘State’’ means the State 5 of California.

6 (b) PILOT PROJECTS.—

7 (1) IN GENERAL.—

8 (A) REVIEW.—The Secretary shall review 9 the plan approved by the State, entitled the 10 ‘‘Salton Sea Ecosystem Restoration Program 11 Preferred Alternative Report and Funding 12 Plan’’, and dated May 2007 to determine 13 whether the pilot projects described in the plan 14 are feasible.

15 (B) IMPLEMENTATION.—

16 (i) IN GENERAL.—Subject to clause 17 (ii), if the Secretary determines that the 18 pilot projects referred to in subparagraph 19 (A) meet the requirements described in 20 that subparagraph, the Secretary may— 21 (I) enter into an agreement with 22 the State; and 23 (II) in consultation with the 24 Salton Sea Authority and the Salton 25 Sea Science Office, carry out pilot

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4 (ii) REQUIREMENT.—The Secretary 5 shall be a party to each contract for con- 6 struction entered into under this subpara- 7 graph.

8 (2) LOCAL PARTICIPATION.—In prioritizing 9 pilot projects under this section, the Secretary 10 shall— 11 (A) consult with the State, the Salton Sea 12 Authority, and the Salton Sea Science Office; 13 and 14 (B) take into consideration the priorities of 15 the State and the Salton Sea Authority.

16 (3) COST SHARING.—Before carrying out a 17 pilot project under this section, the Secretary shall 18 enter into a written agreement with the State that 19 requires the non-Federal interest for the pilot 20 project to pay 35 percent of the total costs of the 21 pilot project.

22 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated to carry out subsection (b) 24 $30,000,000, of which not more than $5,000,000 shall be 25 used for any one pilot project under this section.

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13 SEC. 3034. SANTA BARBARA STREAMS, LOWER MISSION

14 CREEK, CALIFORNIA. 15 The project for flood damage reduction, Santa Bar- 16 bara streams, Lower Mission Creek, California, authorized 17 by section 101(b)(8) of the Water Resources Development 18 Act of 2000 (114 Stat. 2577), is modified to authorize 19 the Secretary to construct the project at a total cost of 20 $30,000,000, with an estimated Federal cost of 21 $15,000,000 and an estimated non-Federal cost of 22 $15,000,000.

23 SEC. 3035. SANTA CRUZ HARBOR, CALIFORNIA. 24 The project for navigation, Santa Cruz Harbor, Cali- 25 fornia, authorized by section 101 of the River and Harbor 26 Act of 1958 (72 Stat. 300) and modified by section 809

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14 SEC. 3036. SEVEN OAKS DAM, CALIFORNIA. 15 The project for flood control, Santa Ana Mainstem, 16 authorized by section 401(a) of the Water Resources De- 17 velopment Act of 1986 (100 Stat. 4113) and modified by 18 section 104 of the Energy and Water Development Appro- 19 priations Act, 1988 (101 Stat. 1329–11), section 102(e) 20 of the Water Resources Development Act of 1990 (104 21 Stat. 4611), and section 311 of the Water Resources De- 22 velopment Act of 1996 (110 Stat. 3713), is modified to 23 direct the Secretary—

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6 SEC. 3037. UPPER GUADALUPE RIVER, CALIFORNIA. 7 The project for flood damage reduction and recre- 8 ation, Upper Guadalupe River, California, authorized by 9 section 101(a)(9) of the Water Resources Development 10 Act of 1999 (113 Stat. 275), is modified to authorize the 11 Secretary to construct the project generally in accordance 12 with the Upper Guadalupe River Flood Damage Reduc- 13 tion, San Jose, California, Limited Reevaluation Report, 14 dated March 2004, at a total cost of $256,000,000, with 15 an estimated Federal cost of $136,700,000 and an esti- 16 mated non-Federal cost of $119,300,000.

17 SEC. 3038. WALNUT CREEK CHANNEL, CALIFORNIA. 18 The project for aquatic ecosystem restoration, Wal- 19 nut Creek Channel, California, being carried out under 20 section 206 of the Water Resources Development Act of 21 1996 (33 U.S.C. 2330), is modified— 22 (1) to direct the Secretary to credit, in accord- 23 ance with section 221 of the Flood Control Act of 24 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 25 share of the cost of the project the cost of work car-

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7 SEC. 3039. WILDCAT/SAN PABLO CREEK PHASE I, CALI-

8 FORNIA. 9 The project for improvement of the quality of the en- 10 vironment, Wildcat/San Pablo Creek Phase I, California, 11 being carried out under section 1135 of the Water Re- 12 sources Development Act of 1986 (33 U.S.C. 2309a), is 13 modified to direct the Secretary to credit, in accordance 14 with section 221 of the Flood Control Act of 1970 (42 15 U.S.C. 1962d–5b), toward the non-Federal share of the 16 cost of the project the cost of work carried out by the 17 non-Federal interest for the project before the date of the 18 partnership agreement for the project.

19 SEC. 3040. WILDCAT/SAN PABLO CREEK PHASE II, CALI-

20 FORNIA. 21 The project for aquatic ecosystem restoration, Wild- 22 cat/San Pablo Creek Phase II, California, being carried 23 out under section 206 of the Water Resources Develop- 24 ment Act of 1996 (33 U.S.C. 2330), is modified to direct 25 the Secretary to credit, in accordance with section 221 of

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8 SEC. 3041. YUBA RIVER BASIN PROJECT, CALIFORNIA. 9 The project for flood damage reduction, Yuba River 10 Basin, California, authorized by section 101(a)(10) of the 11 Water Resources Development Act of 1999 (113 Stat. 12 275), is modified— 13 (1) to authorize the Secretary to construct the 14 project at a total cost of $107,700,000, with an esti- 15 mated Federal cost of $70,000,000 and an esti- 16 mated non-Federal cost of $37,700,000; and 17 (2) to direct the Secretary to credit, in accord- 18 ance with section 221 of the Flood Control Act of 19 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 20 share of the cost of the project the cost of work car- 21 ried out by the non-Federal interest for the project 22 before the date of the partnership agreement for the 23 project.

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6 SEC. 3043. INTRACOASTAL WATERWAY, DELAWARE RIVER

7 TO CHESAPEAKE BAY, DELAWARE AND MARY-

8 LAND. 9 The project for navigation, Intracoastal Waterway, 10 Delaware River to Chesapeake Bay, Delaware and Mary- 11 land, authorized by the first section of the Rivers and Har- 12 bors Act of August 30, 1935 (49 Stat. 1030), and section 13 101 of the River and Harbor Act of 1954 (68 Stat. 1249), 14 is modified to add recreation as a project purpose.

15 SEC. 3044. ST. GEORGE’S BRIDGE, DELAWARE. 16 Section 102(g) of the Water Resources Development 17 Act of 1990 (104 Stat. 4612) is amended by adding at 18 the end the following: ‘‘The Secretary shall assume owner- 19 ship responsibility for the replacement bridge not later 20 than the date on which the construction of the bridge is 21 completed and the contractors are released of their respon- 22 sibility by the State. In addition, the Secretary may not 23 carry out any action to close or remove the St. George’s 24 Bridge, Delaware, without specific congressional author- 25 ization.’’.

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2 (a) SHORELINE.—The project for shoreline protec- 3 tion, Brevard County, Florida, authorized by section 4 101(b)(7) of the Water Resources Development Act of 5 1996 (110 Stat. 3667), is modified to authorize the Sec- 6 retary to include the mid-reach as an element of the 7 project from the Florida department of environmental pro- 8 tection monuments 75.4 to 118.3, a distance of approxi- 9 mately 7.6 miles. The restoration work shall only be un- 10 dertaken upon a determination by the Secretary, following 11 completion of the general reevaluation report authorized 12 by section 418 of the Water Resources Development Act 13 of 2000 (114 Stat. 2637), that the shoreline protection 14 is feasible.

15 (b) CREDIT.—Section 310 of the Water Resources 16 Development Act of 1999 (113 Stat. 301) is amended by 17 adding at the end the following:

18 ‘‘(d) CREDIT.—After completion of the study, the 19 Secretary may credit, in accordance with section 221 of 20 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), to- 21 ward the non-Federal share of the cost of the project for 22 shore protection the cost of nourishment and renourish- 23 ment associated with the project for shore protection in- 24 curred by the non-Federal interest to respond to damages 25 to Brevard County beaches that are the result of a Federal

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3 SEC. 3046. BROWARD COUNTY AND HILLSBORO INLET,

4 FLORIDA. 5 The project for shore protection, Broward County 6 and Hillsboro Inlet, Florida, authorized by section 301 of 7 the River and Harbor Act of 1965 (79 Stat. 1090), and 8 modified by section 311 of the Water Resources Develop- 9 ment Act of 1999 (113 Stat. 301), is modified to direct 10 the Secretary to credit, in accordance with section 221 of 11 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), to- 12 ward the non-Federal share of the cost of the project the 13 cost of mitigation construction and derelict erosion control 14 structure removal carried out by the non-Federal interest 15 for the project before the date of the partnership agree- 16 ment for the project.

17 SEC. 3047. CANAVERAL HARBOR, FLORIDA. 18 In carrying out the project for navigation, Canaveral 19 Harbor, Florida, authorized by section 101 of the River 20 and Harbor Act of 1962 (76 Stat. 1174), the Secretary 21 shall construct a sediment trap if the Secretary determines 22 construction of the sediment trap is feasible.

23 SEC. 3048. GASPARILLA AND ESTERO ISLANDS, FLORIDA. 24 The project for shore protection, Gasparilla and 25 Estero Island segments, Lee County, Florida, authorized

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12 SEC. 3049. LIDO KEY BEACH, SARASOTA, FLORIDA.

13 (a) IN GENERAL.—The project for shore protection, 14 Lido Key Beach, Sarasota, Florida, authorized by section 15 101 of the River and Harbor Act of 1970 (84 Stat. 1819), 16 deauthorized under section 1001(b) of the Water Re- 17 sources Development Act of 1986 (33 U.S.C. 579a(b)), 18 and reauthorized by section 364(2)(A) of the Water Re- 19 sources Development Act of 1999 (113 Stat. 313), is 20 modified to direct the Secretary to construct the project 21 substantially in accordance with the report of the Chief 22 of Engineers dated December 22, 2004, at a total cost 23 of $15,190,000, with an estimated Federal cost of 24 $9,320,000 and an estimated non-Federal cost of 25 $5,870,000, and at an estimated total cost of $65,000,000

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4 (b) CONSTRUCTION OF SHORELINE PROTECTION

5 PROJECTS BY NON-FEDERAL INTERESTS.—The Sec- 6 retary shall enter into a partnership agreement with the 7 non-Federal interest in accordance with section 206 of the 8 Water Resources Development Act of 1992 (33 U.S.C. 9 426i–1) for the modified project.

10 SEC. 3050. PEANUT ISLAND, FLORIDA. 11 The maximum amount of Federal funds that may be 12 expended for the project for improvement of the quality 13 of the environment, Peanut Island, Palm Beach County, 14 Florida, being carried out under section 1135 of the Water 15 Resources Development Act of 1986 (33 U.S.C. 2309a) 16 shall be $9,750,000.

17 SEC. 3051. PORT SUTTON, FLORIDA. 18 The project for navigation, Port Sutton, Florida, au- 19 thorized by section 101(b)(12) of the Water Resources De- 20 velopment Act of 2000 (114 Stat. 2577), is modified to 21 authorize the Secretary to carry out the project at a total 22 cost of $12,900,000.

23 SEC. 3052. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA. 24 The project for navigation, Tampa Harbor-Big Bend 25 Channel, Florida, authorized by section 101(a)(18) of the

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9 SEC. 3053. TAMPA HARBOR CUT B, FLORIDA.

10 (a) IN GENERAL.—The project for navigation, 11 Tampa Harbor, Florida, authorized by section 101 of the 12 River and Harbor Act of 1970 (84 Stat. 1818), is modified 13 to authorize the Secretary to construct passing lanes in 14 an area approximately 3.5 miles long and centered on 15 Tampa Harbor Cut B if the Secretary determines that 16 such improvements are necessary for navigation safety.

17 (b) GENERAL REEVALUATION REPORT.—The non- 18 Federal share of the cost of the general reevaluation re- 19 port for Tampa Harbor, Florida, being conducted on June 20 1, 2005, shall be the same percentage as the non-Federal 21 share of the cost of construction of the project.

22 (c) AGREEMENT.—The Secretary shall enter into a 23 new partnership agreement with the non-Federal interest 24 to reflect the cost sharing required by subsection (b).

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2 (a) LAND EXCHANGE.—

3 (1) IN GENERAL.—The Secretary may exchange 4 land above 863 feet in elevation at Allatoona Lake, 5 Georgia, identified in the Real Estate Design Memo- 6 randum prepared by the Mobile district engineer, 7 April 5, 1996, and approved October 8, 1996, for 8 land on the north side of Allatoona Lake that is re- 9 quired for wildlife management and protection of the 10 water quality and overall environment of Allatoona 11 Lake.

12 (2) TERMS AND CONDITIONS.—The basis for all 13 land exchanges under this subsection shall be a fair 14 market appraisal to ensure that land exchanged is of 15 equal value.

16 (b) DISPOSAL AND ACQUISITION OF LAND,

17 ALLATOONA LAKE, GEORGIA.—

18 (1) IN GENERAL.—The Secretary may— 19 (A) sell land above 863 feet in elevation at 20 Allatoona Lake, Georgia, identified in the 21 memorandum referred to in subsection (a)(1); 22 and 23 (B) use the proceeds of the sale, without 24 further appropriation, to pay costs associated 25 with the purchase of land required for wildlife

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3 (2) TERMS AND CONDITIONS.—

4 (A) WILLING SELLERS.—Land acquired 5 under this subsection shall be by negotiated 6 purchase from willing sellers only.

7 (B) BASIS.—The basis for all transactions 8 under this subsection shall be a fair market 9 value appraisal acceptable to the Secretary.

10 (C) SHARING OF COSTS.—Each purchaser 11 of land under this subsection shall share in the 12 associated costs of the purchase, including sur- 13 veys and associated fees in accordance with the 14 memorandum referred to in subsection (a)(1).

15 (D) OTHER CONDITIONS.—The Secretary 16 may impose on the sale and purchase of land 17 under this subsection such other conditions as 18 the Secretary determines to be appropriate.

19 (c) REPEAL.—Section 325 of the Water Resources 20 Development Act of 1992 (106 Stat. 4849) is repealed.

21 SEC. 3055. LATHAM RIVER, GLYNN COUNTY, GEORGIA. 22 The maximum amount of Federal funds that may be 23 expended for the project for improvement of the quality 24 of the environment, Latham River, Glynn County, Geor- 25 gia, being carried out under section 1135 of the Water

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3 SEC. 3056. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.

4 (a) IN GENERAL.—The Secretary shall carry out ad- 5 ditional general construction measures to allow for oper- 6 ation at lower pool levels to satisfy the recreation mission 7 at Dworshak Dam, Idaho.

8 (b) IMPROVEMENTS.—In carrying out subsection (a), 9 the Secretary shall provide for appropriate improvements 10 to— 11 (1) facilities that are operated by the Corps of 12 Engineers; and 13 (2) facilities that, as of the date of enactment 14 of this Act, are leased, permitted, or licensed for use 15 by others.

16 (c) COST SHARING.—The Secretary shall carry out 17 this section through a cost-sharing program with Idaho 18 State parks and recreation department at a total esti- 19 mated project cost of $5,300,000. Notwithstanding section 20 103 of the Water Resources Development Act of 1986 (33 21 U.S.C. 2313), the Federal share of such cost shall be 75 22 percent.

23 SEC. 3057. LITTLE WOOD RIVER, GOODING, IDAHO.

24 (a) IN GENERAL.—The project for flood control, 25 Gooding, Idaho, constructed under the emergency con-

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13 (b) COST SHARING.—

14 (1) IN GENERAL.—Costs for reconstruction of a 15 project under this section shall be shared by the Sec- 16 retary and the non-Federal interest in the same per- 17 centages as the costs of construction of the original 18 project were shared.

19 (2) OPERATION, MAINTENANCE, AND REPAIR

20 COSTS.—The costs of operation, maintenance, re- 21 pair, and rehabilitation of a project carried out 22 under this section shall be a non-Federal responsi- 23 bility.

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1 (c) ECONOMIC JUSTIFICATION.—Reconstruction ef- 2 forts and activities carried out under this section shall not 3 require economic justification.

4 SEC. 3058. BEARDSTOWN COMMUNITY BOAT HARBOR,

5 BEARDSTOWN, ILLINOIS.

6 (a) IN GENERAL.—The project for navigation, 7 Muscooten Bay, Illinois River, Beardstown Community 8 Boat Harbor, Beardstown, Illinois, constructed under sec- 9 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 10 577), is modified— 11 (1) to include the channel between the harbor 12 and the Illinois River; and 13 (2) to direct the Secretary to enter into a part- 14 nership agreement with the city of Beardstown to 15 replace the local cooperation agreement dated Au- 16 gust 18, 1983, with the Beardstown Community 17 Park District.

18 (b) TERMS OF PARTNERSHIP AGREEMENT.—The 19 partnership agreement referred to in subsection (a) shall 20 include the same rights and responsibilities as the local 21 cooperation agreement dated August 18, 1983, changing 22 only the identity of the non-Federal sponsor.

23 (c) MAINTENANCE.—Following execution of the part- 24 nership agreement referred to in subsection (a), the Sec-

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3 SEC. 3059. CACHE RIVER LEVEE, ILLINOIS. 4 The Cache River Levee constructed for flood control 5 at the Cache River, Illinois, and authorized by the Act of 6 June 28, 1938 (52 Stat. 1217), is modified to add envi- 7 ronmental restoration as a project purpose.

8 SEC. 3060. CHICAGO RIVER, ILLINOIS. 9 The Federal navigation channel for the North Branch 10 Channel portion of the Chicago River authorized by sec- 11 tion 22 of the Act of March 3, 1899 (30 Stat. 1156), ex- 12 tending from 100 feet downstream of the Halsted Street 13 Bridge to 100 feet upstream of the Division Street Bridge, 14 Chicago, Illinois, shall be no wider than 66 feet.

15 SEC. 3061. CHICAGO SANITARY AND SHIP CANAL DIS-

16 PERSAL BARRIERS PROJECT, ILLINOIS.

17 (a) TREATMENT AS SINGLE PROJECT.—The Chicago 18 Sanitary and Ship Canal Dispersal Barrier Project (in this 19 section referred to as ‘‘Barrier I’’), as in existence on the 20 date of enactment of this Act and constructed as a dem- 21 onstration project under section 1202(i)(3) of the Non- 22 indigenous Aquatic Nuisance Prevention and Control Act 23 of 1990 (16 U.S.C. 4722(i)(3)), and the project relating 24 to the Chicago Sanitary and Ship Canal Dispersal Barrier, 25 authorized by section 345 of the District of Columbia Ap-

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4 (b) AUTHORIZATION.—

5 (1) IN GENERAL.—The Secretary, at Federal 6 expense, shall— 7 (A) upgrade and make permanent Barrier 8 I; 9 (B) construct Barrier II, notwithstanding 10 the project cooperation agreement with the 11 State of Illinois dated June 14, 2005; 12 (C) operate and maintain Barrier I and 13 Barrier II as a system to optimize effectiveness; 14 (D) conduct, in consultation with appro- 15 priate Federal, State, local, and nongovern- 16 mental entities, a study of a range of options 17 and technologies for reducing impacts of haz- 18 ards that may reduce the efficacy of the Bar- 19 riers; and 20 (E) provide to each State a credit in an 21 amount equal to the amount of funds contrib- 22 uted by the State toward Barrier II.

23 (2) USE OF CREDIT.—A State may apply a 24 credit provided to the State under paragraph (1)(E) 25 to any cost sharing responsibility for an existing or

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3 (c) CONFORMING AMENDMENT.—Section 345 of the 4 District of Columbia Appropriations Act, 2005 (Public 5 Law 108–335; 118 Stat. 1352) is amended to read as fol- 6 lows:

7 ‘‘SEC. 345. CHICAGO SANITARY AND SHIP CANAL DIS-

8 PERSAL BARRIER, ILLINOIS. 9 ‘‘There are authorized to be appropriated such sums 10 as may be necessary to carry out the Barrier II element 11 of the project for the Chicago Sanitary and Ship Canal 12 Dispersal Barrier, Illinois, initiated pursuant to section 13 1135 of the Water Resources Development Act of 1986 14 (33 U.S.C. 2294 note; 100 Stat. 4251).’’.

15 (d) FEASIBILITY STUDY.—The Secretary, in con- 16 sultation with appropriate Federal, State, local, and non- 17 governmental entities, shall conduct, at Federal expense, 18 a feasibility study of the range of options and technologies 19 available to prevent the spread of aquatic nuisance species 20 between the Great Lakes and Mississippi River Basins 21 through the Chicago Sanitary and Ship Canal and other 22 aquatic pathways.

23 SEC. 3062. EMIQUON, ILLINOIS.

24 (a) MAXIMUM AMOUNT.—The maximum amount of 25 Federal funds that may be expended for the project for

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5 (b) LIMITATION.—Nothing in this section shall affect 6 the eligibility of the project for emergency repair assist- 7 ance under section 5 of the Act entitled ‘‘An Act author- 8 izing the construction of certain public works on rivers and 9 harbors for flood control, and for other purposes’’, ap- 10 proved August 18, 1941 (33 U.S.C. 701n).

11 SEC. 3063. LASALLE, ILLINOIS. 12 In carrying out section 312 of the Water Resources 13 Development Act of 1990 (104 Stat. 4639–4640), the Sec- 14 retary shall give priority to work in the vicinity of LaSalle, 15 Illinois, on the Illinois and Michigan Canal.

16 SEC. 3064. SPUNKY BOTTOMS, ILLINOIS.

17 (a) PROJECT PURPOSE.—The project for flood con- 18 trol, Spunky Bottoms, Illinois, authorized by section 5 of 19 the Flood Control Act of June 22, 1936 (49 Stat. 1583), 20 is modified to add environmental restoration as a project 21 purpose.

22 (b) MAXIMUM AMOUNT.—The maximum amount of 23 Federal funds that may be expended for the project for 24 improvement of the quality of the environment, Spunky 25 Bottoms, Illinois, being carried out under section 1135 of

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3 (c) LIMITATION.—Nothing in this section shall affect 4 the eligibility of the project for emergency repair assist- 5 ance under section 5 of the Act entitled ‘‘An Act author- 6 izing the construction of certain public works on rivers and 7 harbors for flood control, and for other purposes’’, ap- 8 proved August 18, 1941 (33 U.S.C. 701n).

9 (d) POST CONSTRUCTION MONITORING AND MAN-

10 AGEMENT.—Of the Federal funds expended under sub- 11 section (b), not less than $500,000 shall remain available 12 for a period of 5 years after the date of completion of 13 construction of the modifications for use in carrying out 14 post construction monitoring and adaptive management.

15 SEC. 3065. CEDAR LAKE, INDIANA.

16 (a) IN GENERAL.—The Secretary is authorized to 17 plan, design, and construct an aquatic ecosystem restora- 18 tion project at Cedar Lake, Indiana.

19 (b) COMPLETE FEASIBILITY REPORT.—In planning 20 the project authorized by subsection (a), the Secretary 21 shall expedite completion of the feasibility report for the 22 project for aquatic ecosystem restoration and protection, 23 Cedar Lake, Indiana, initiated pursuant to section 206 of 24 the Water Resources Development Act 1996 (33 U.S.C. 25 2330).

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1 (c) AUTHORIZATION.—

2 (1) IN GENERAL.—There is authorized to be 3 appropriated $11,050,000 to carry out the activities 4 authorized by this section.

5 (2) OTHER.—The Secretary is authorized to 6 use funds previously appropriated for the project for 7 aquatic ecosystem restoration and protection, Cedar 8 Lake, Indiana, under section 206 of the Water Re- 9 sources Development Act 1996 (33 U.S.C. 2330) to 10 carry out the activities authorized by this section.

11 SEC. 3066. KOONTZ LAKE, INDIANA. 12 The project for aquatic ecosystem restoration, Koontz 13 Lake, Indiana, being carried out under section 206 of the 14 Water Resources Development Act of 1996 (33 U.S.C. 15 2330) and modified by section 520 of the Water Resources 16 Development Act of 2000 (114 Stat. 2655), is modified 17 to direct the Secretary to seek to reduce the cost of the 18 project by using innovative technologies and cost reduction 19 measures determined from a review of non-Federal lake 20 dredging projects in the vicinity of Koontz Lake.

21 SEC. 3067. WHITE RIVER, INDIANA. 22 The project for flood control, Indianapolis on West 23 Fork of White River, Indiana, authorized by section 5 of 24 the Act entitled ‘‘An Act authorizing the construction of 25 certain public works on rivers and harbors for flood con-

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20 SEC. 3068. DES MOINES RIVER AND GREENBELT, IOWA. 21 The project for the Des Moines Recreational River 22 and Greenbelt, Iowa, authorized by Public Law 99–88 and 23 modified by section 604 of the Water Resources Develop- 24 ment Act of 1986 (100 Stat. 4153), is modified to author- 25 ize the Secretary to carry out ecosystem restoration, recre-

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3 SEC. 3069. PERRY CREEK, IOWA.

4 (a) IN GENERAL.—On making a determination de- 5 scribed in subsection (b), the Secretary shall increase the 6 Federal contribution by up to $4,000,000 for the project 7 for flood control, Perry Creek, Iowa, authorized by section 8 401(a) of the Water Resources Development Act of 1986 9 (100 Stat. 4116) and modified by section 151 of the En- 10 ergy and Water Development Appropriations Act, 2004 11 (117 Stat. 1844).

12 (b) DETERMINATION.—A determination referred to 13 in subsection (a) is a determination that a modification 14 to the project described in subsection (a) is necessary for 15 the Federal Emergency Management Agency to certify 16 that the project provides flood damage reduction benefits 17 to at least a 100-year level of flood protection.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated to carry out this section 20 $4,000,000.

21 SEC. 3070. RATHBUN LAKE, IOWA.

22 (a) RIGHT OF FIRST REFUSAL.—The Secretary shall 23 provide, in accordance with the recommendations in the 24 Rathbun Lake Reallocation Report approved by the Chief 25 of Engineers on July 22, 1985, the Rathbun Regional

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5 (b) PAYMENT OF COST.—The Rathbun Regional 6 Water Association shall pay the cost of any water supply 7 storage allocation provided under subsection (a).

8 SEC. 3071. HICKMAN BLUFF STABILIZATION, KENTUCKY. 9 The project for Hickman Bluff, Kentucky, authorized 10 by chapter II of title II of the Emergency Supplemental 11 Appropriations and Rescissions for the Department of De- 12 fense to Preserve and Enhance Military Readiness Act of 13 1995 (109 Stat. 85), is modified to authorize the Sec- 14 retary to repair and restore the project, at Federal ex- 15 pense, with no further economic studies or analyses, at 16 a total cost of not more than $250,000.

17 SEC. 3072. MCALPINE LOCK AND DAM, KENTUCKY AND IN-

18 DIANA. 19 Section 101(a)(10) of the Water Resources Develop- 20 ment Act of 1990 (104 Stat. 4606) is amended by striking 21 ‘‘$219,600,000’’ each place it appears and inserting 22 ‘‘$430,000,000’’.

23 SEC. 3073. PRESTONSBURG, KENTUCKY. 24 The Prestonsburg, Kentucky, element of the project 25 for flood control, Levisa and Tug Fork of the Big Sandy

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7 SEC. 3074. AMITE RIVER AND TRIBUTARIES, LOUISIANA,

8 EAST BATON ROUGE PARISH WATERSHED. 9 The project for flood damage reduction and recre- 10 ation, Amite River and Tributaries, Louisiana, East 11 Baton Rouge Parish Watershed, authorized by section 12 101(a)(21) of the Water Resources Development Act of 13 1999 (113 Stat. 277) and modified by section 116 of divi- 14 sion D of Public Law 108–7 (117 Stat. 140), is further 15 modified— 16 (1) to direct the Secretary to carry out the 17 project with the cost sharing for the project deter- 18 mined in accordance with section 103(a) of the 19 Water Resources Development Act of 1986 (33 20 U.S.C. 2213(a)), as in effect on October 11, 1996; 21 (2) to authorize the Secretary to construct the 22 project at a total cost of $187,000,000; and 23 (3) to direct the Secretary to credit, in accord- 24 ance with section 221 of the Flood Control Act of 25 1970 (42 U.S.C. 1962d–5b), toward the non-Federal

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5 SEC. 3075. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU-

6 ISIANA.

7 (a) ACQUISITION OF ADDITIONAL LAND.—The public 8 access feature of the project for flood control, Atchafalaya 9 Basin Floodway System, Louisiana, authorized by section 10 601(a) of the Water Resources Development Act of 1986 11 (100 Stat. 4142), is modified to authorize the Secretary 12 to acquire from willing sellers the fee interest (exclusive 13 of oil, gas, and minerals) of an additional 20,000 acres 14 of land in the Lower Atchafalaya Basin Floodway for such 15 feature.

16 (b) MODIFICATION.—

17 (1) IN GENERAL.—Subject to paragraph (2), ef- 18 fective November 17, 1986, the $32,000,000 limita- 19 tion on the maximum Federal expenditure for the 20 first costs of the public access feature referred to in 21 subsection (a) shall not apply.

22 (2) COST.—The modification under paragraph 23 (1) shall not increase the total authorized cost of the 24 project referred to in subsection (a).

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1 (c) TECHNICAL AMENDMENT.—Section 315(a)(2) of 2 the Water Resources Development Act of 2000 (114 Stat. 3 2603) is amended by inserting before the period at the 4 end the following: ‘‘and shall consider Eagle Point Park, 5 Jeanerette, Louisiana, and the town of Melville, Lou- 6 isiana, as site alternatives for such recreation features’’.

7 SEC. 3076. ATCHAFALAYA BASIN FLOODWAY SYSTEM, RE-

8 GIONAL VISITOR CENTER, LOUISIANA.

9 (a) PROJECT FOR FLOOD CONTROL.—Notwith- 10 standing paragraph (3) of the report of the Chief of Engi- 11 neers dated February 28, 1983 (relating to recreational 12 development in the Lower Atchafalaya Basin Floodway), 13 the Secretary shall carry out the project for flood control, 14 Atchafalaya Basin Floodway System, Louisiana, author- 15 ized by chapter IV of title I of the Supplemental Appro- 16 priations Act, 1985 (99 Stat. 313) and section 601(a) of 17 the Water Resources Development Act of 1986 (100 Stat. 18 4142).

19 (b) VISITORS CENTER.—

20 (1) IN GENERAL.—The Secretary, in consulta- 21 tion with the State of Louisiana, shall study, design, 22 and construct a type A regional visitors center in the 23 vicinity of Morgan City, Louisiana.

24 (2) COST SHARING.—

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1 (A) COST OF TYPE B VISITORS CENTER.— 2 The cost of construction of the visitors center 3 up to the cost of construction of a type B visi- 4 tors center shall be shared in accordance with 5 the recreation cost-sharing requirement of sec- 6 tion 103(c) of the Water Resources Develop- 7 ment Act of 1986 (33 U.S.C. 2213(c)).

8 (B) COST OF UPGRADING.—The non-Fed- 9 eral share of the cost of upgrading the visitors 10 center from a type B to type A regional visitors 11 center shall be 100 percent.

12 (C) OPERATION AND MAINTENANCE.—The 13 cost of operation and maintenance of the visi- 14 tors center shall be a Federal responsibility.

15 (3) DONATIONS.—In carrying out the project 16 under this subsection, the Mississippi River Commis- 17 sion may accept the donation of cash or other funds, 18 land, materials, and services from any non-Federal 19 government entity or nonprofit corporation, as the 20 Commission determines to be appropriate.

21 SEC. 3077. ATCHAFALAYA RIVER AND BAYOUS CHENE,

22 BOEUF, AND BLACK, LOUISIANA. 23 The project for navigation, Atchafalaya River and 24 Bayous Chene, Boeuf, and Black, Louisiana, authorized 25 by section 101 of the River and Harbor Act of 1968 (82

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7 SEC. 3078. BAYOU PLAQUEMINE, LOUISIANA. 8 The project for the improvement of the quality of the 9 environment, Bayou Plaquemine, Louisiana, being carried 10 out under section 1135 of the Water Resources Develop- 11 ment Act of 1986 (33 U.S.C. 2309a), is modified to direct 12 the Secretary to credit, in accordance with section 221 of 13 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), to- 14 ward the non-Federal share of the cost of the project the 15 cost of work carried out by the non-Federal interest for 16 the project before the date of the partnership agreement 17 for the project.

18 SEC. 3079. CALCASIEU RIVER AND PASS, LOUISIANA. 19 The project for the Calcasieu River and Pass, Lou- 20 isiana, authorized by section 101 of the River and Harbor 21 Act of 1960 (74 Stat. 481), is modified to authorize the 22 Secretary to provide $3,000,000 for each fiscal year, in 23 a total amount of $15,000,000, for such rock bank protec- 24 tion of the Calcasieu River from mile 5 to mile 16 as the 25 Secretary determines to be advisable to reduce mainte-

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5 SEC. 3080. RED RIVER (J. BENNETT JOHNSTON) WATERWAY,

6 LOUISIANA. 7 The project for mitigation of fish and wildlife losses, 8 Red River Waterway, Louisiana, authorized by section 9 601(a) of the Water Resources Development Act of 1986 10 (100 Stat. 4142) and modified by section 4(h) of the 11 Water Resources Development Act of 1988 (102 Stat. 12 4016), section 102(p) of the Water Resources Develop- 13 ment Act of 1990 (104 Stat. 4613), section 301(b)(7) of 14 the Water Resources Development Act of 1996 (110 Stat. 15 3710), and section 316 of the Water Resources Develop- 16 ment Act of 2000 (114 Stat. 2604), is modified— 17 (1) to authorize the Secretary to carry out the 18 project at a total cost of $33,912,000; 19 (2) to authorize the purchase and reforestation 20 of lands that have been cleared or converted to agri- 21 cultural uses (in addition to the purchase of bottom- 22 land hardwood); and 23 (3) to incorporate wildlife and forestry manage- 24 ment practices to improve species diversity on miti-

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3 SEC. 3081. MISSISSIPPI DELTA REGION, LOUISIANA. 4 The Mississippi Delta Region project, Louisiana, au- 5 thorized as part of the project for hurricane-flood protec- 6 tion on Lake Pontchartrain, Louisiana, by section 204 of 7 the Flood Control Act of 1965 (79 Stat. 1077) and modi- 8 fied by section 365 of the Water Resources Development 9 Act of 1996 (110 Stat. 3739), is modified to direct the 10 Secretary to credit, in accordance with section 221 of the 11 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward 12 the non-Federal share of the cost of the project the costs 13 of relocating oyster beds in the Davis Pond project area.

14 SEC. 3082. MISSISSIPPI RIVER-GULF OUTLET RELOCATION

15 ASSISTANCE, LOUISIANA.

16 (a) PORT FACILITIES RELOCATION.—

17 (1) AUTHORIZATION OF APPROPRIATIONS.— 18 There is authorized to be appropriated to the Assist- 19 ant Secretary for Economic Development (referred 20 to in this section as the ‘‘Assistant Secretary’’) 21 $75,000,000, to remain available until expended, to 22 support the relocation of Port of New Orleans deep 23 draft facilities from the Mississippi River-Gulf Out- 24 let (referred to in this section as the ‘‘Outlet’’), the

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3 (2) ADMINISTRATION.—

4 (A) IN GENERAL.—Amounts appropriated 5 pursuant to paragraph (1) shall be adminis- 6 tered by the Assistant Secretary pursuant to 7 sections 209(c)(2) and 703 of the Public Works 8 and Economic Development Act of 1965 (42 9 U.S.C. 3149(c)(2), 3233).

10 (B) REQUIREMENT.—The Assistant Sec- 11 retary shall make amounts appropriated pursu- 12 ant to paragraph (1) available to the Port of 13 New Orleans to relocate to the Mississippi 14 River within the State of Louisiana the port- 15 owned facilities that are occupied by businesses 16 in the vicinity that may be impacted due to the 17 treatment of the Outlet under title VII of this 18 Act.

19 (b) REVOLVING LOAN FUND GRANTS.—There is au- 20 thorized to be appropriated to the Assistant Secretary 21 $85,000,000, to remain available until expended, to pro- 22 vide assistance pursuant to sections 209(c)(2) and 703 of 23 the Public Works and Economic Development Act of 1965 24 (42 U.S.C. 3149(c)(2), 3233) to one or more eligible re- 25 cipients under such Act to establish revolving loan funds

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7 (c) REQUIREMENTS.—In selecting one or more recipi- 8 ents under subsection (b), the Assistant Secretary shall 9 ensure that each recipient has established procedures to 10 target lending to businesses that will be directly and sub- 11 stantially impacted by the treatment of the Mississippi 12 River-Gulf Outlet under title VII of this Act.

13 (d) COORDINATION WITH SECRETARY.—The Assist- 14 ant Secretary shall ensure that the programs described in 15 subsections (a) and (b) are coordinated with the Secretary 16 to ensure that facilities are relocated in a manner that 17 is consistent with the analysis and design of comprehen- 18 sive hurricane protection authorized by title I of the En- 19 ergy and Water Development Appropriations Act, 2006 20 (119 Stat. 2247).

21 (e) ADMINISTRATIVE EXPENSES.—The Assistant 22 Secretary may use up to 2 percent of the amounts made 23 available under subsections (a) and (b) for administrative 24 expenses.

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2 (a) VIOLET DIVERSION PROJECT.—The Secretary 3 shall design and implement a project for a diversion of 4 freshwater at or near Violet, Louisiana, for the purposes 5 of reducing salinity in the western Mississippi Sound, en- 6 hancing oyster production, and promoting the sustain- 7 ability of coastal wetlands.

8 (b) SALINITY LEVELS.—The project shall be de- 9 signed to meet, or maximize the ability to meet, the salin- 10 ity levels identified in the feasibility study of the Corps 11 of Engineers entitled ‘‘Mississippi and Louisiana Estua- 12 rine Areas: Freshwater Diversion to Lake Pontchartrain 13 Basin and Mississippi Sound’’ and dated 1984.

14 (c) ADDITIONAL MEASURES.—

15 (1) RECOMMENDATIONS.—If the Secretary de- 16 termines that the diversion of freshwater at or near 17 Violet, Louisiana, will not restore salinity levels to 18 meet the requirements of subsection (b), the Sec- 19 retary shall recommend additional measures for 20 freshwater diversions sufficient to meet those levels.

21 (2) IMPLEMENTATION.—The Secretary shall 22 implement measures included in the recommenda- 23 tions developed under paragraph (1) beginning 60 24 days after the date on which a report containing the 25 recommendations is provided to the Committee on 26 Environment and Public Works of the Senate and

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3 (d) NON-FEDERAL FINANCING REQUIREMENTS.—

4 (1) ESTIMATES.—Before October 1 of each fis- 5 cal year, the Secretary shall notify the States of 6 Louisiana and Mississippi of each State’s respective 7 estimated costs for that fiscal year for the activities 8 authorized under this section.

9 (2) ESCROW.—The States of Louisiana and 10 Mississippi shall provide the funds described in para- 11 graph (1) by making a deposit into an escrow ac- 12 count, or such other account, of the Treasury as the 13 Secretary determines to be acceptable within 30 14 days after the date of receipt of the notification from 15 the Secretary under paragraph (1).

16 (3) DEPOSITS BY LOUISIANA.—

17 (A) USE OF CERTAIN FUNDS.—The State 18 of Louisiana may use funds available to the 19 State under the coastal impact assistance pro- 20 gram authorized under section 31 of the Outer 21 Continental Shelf Lands Act (43 U.S.C. 1356a) 22 in meeting its cost-sharing responsibilities 23 under this section.

24 (B) FAILURE TO PROVIDE FUNDS.—

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1 (i) IN GENERAL.—If the State of Lou- 2 isiana does not provide the funds under 3 paragraph (2), the Secretary of the Inte- 4 rior, using funds to be disbursed to the 5 State under the program referred to in 6 subparagraph (A) or under the Gulf of 7 Mexico Energy Security Act of 2006 (title 8 I of Division C of Public Law 109–432; 9 (43 U.S.C. 1331 note; 120 Stat. 3000)), 10 shall deposit such funds as are necessary 11 to meet the requirements for the State 12 under paragraph (2).

13 (ii) DEADLINE FOR DEPOSIT.—Any 14 deposit required under clause (i) shall be 15 made prior to any other disbursements 16 made to the State of Louisiana under the 17 programs referred to in clause (i).

18 (C) EXCEPTION.—The State of Louisiana 19 shall not be required to make a deposit of its 20 share in any fiscal year in which the State of 21 Mississippi does not make its deposit following 22 a notification under paragraph (1) or the State 23 of Mississippi notifies the Secretary that it does 24 not intend to make a deposit in that fiscal year.

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1 (4) CREDIT.—The Secretary shall credit, in ac- 2 cordance with section 221 of the Flood Control Act 3 of 1970 (42 U.S.C. 1962d–5b), toward the non-Fed- 4 eral share of the cost of the project for the costs of 5 design work carried out by the non-Federal interest 6 for the project before the date of the partnership 7 agreement for the project.

8 (5) FEDERAL SHARE.—The Federal share of 9 the cost of the project authorized by subsection (a) 10 shall be 75 percent.

11 (e) SCHEDULE.—

12 (1) IN GENERAL.—Subject to the availability of 13 appropriations, the Secretary shall complete the de- 14 sign of the project not later than 2 years after the 15 date of enactment of this Act and shall complete the 16 construction of the project by not later than Sep- 17 tember 30, 2012.

18 (2) MISSED DEADLINE.—If the Secretary does 19 not complete the design or construction of the 20 project in accordance with paragraph (1), the Sec- 21 retary shall complete the design or construction as 22 expeditiously as possible.

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2 OF HARVEY CANAL), LOUISIANA. 3 Section 328 of the Water Resources Development Act 4 of 1999 (113 Stat. 304–305) is amended— 5 (1) in subsection (a)— 6 (A) by striking ‘‘operation and mainte- 7 nance’’ and inserting ‘‘operation, maintenance, 8 rehabilitation, repair, and replacement’’; and 9 (B) by striking ‘‘Algiers Channel’’ and in- 10 serting ‘‘Algiers Canal Levees’’; and 11 (2) by adding at the end the following:

12 ‘‘(c) COST SHARING.—The non-Federal share of the 13 cost of the project shall be 35 percent.’’.

14 SEC. 3085. CAMP ELLIS, SACO, MAINE. 15 The maximum amount of Federal funds that may be 16 expended for the project being carried out under section 17 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i) 18 for the mitigation of shore damages attributable to the 19 project for navigation, Camp Ellis, Saco, Maine, shall be 20 $26,900,000.

21 SEC. 3086. CUMBERLAND, MARYLAND. 22 Section 580(a) of the Water Resources Development 23 Act of 1999 (113 Stat. 375) is amended— 24 (1) by striking ‘‘$15,000,000’’ and inserting 25 ‘‘$25,750,000’’;

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5 SEC. 3087. POPLAR ISLAND, MARYLAND. 6 The project for navigation and environmental restora- 7 tion through the beneficial use of dredged material, Poplar 8 Island, Maryland, authorized by section 537 of the Water 9 Resources Development Act of 1996 (110 Stat. 3776) and 10 modified by section 318 of the Water Resources Develop- 11 ment Act of 2000 (114 Stat. 2604), is modified to author- 12 ize the Secretary to construct the expansion of the project 13 in accordance with the report of the Chief of Engineers 14 dated March 31, 2006, at an additional total cost of 15 $260,000,000, with an estimated Federal cost of 16 $195,000,000 and an estimated non-Federal cost of 17 $65,000,000.

18 SEC. 3088. DETROIT RIVER SHORELINE, DETROIT, MICHI-

19 GAN.

20 (a) IN GENERAL.—The project for emergency 21 streambank and shoreline protection, Detroit River Shore- 22 line, Detroit, Michigan, being carried out under section 14 23 of the Flood Control Act of 1946 (33 U.S.C. 701r), is 24 modified to include measures to enhance public access.

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1 (b) MAXIMUM FEDERAL EXPENDITURE.—The max- 2 imum amount of Federal funds that may be expended for 3 the project shall be $3,000,000.

4 SEC. 3089. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI-

5 GAN. 6 Section 426 of the Water Resources Development Act 7 of 1999 (113 Stat. 326) is amended to read as follows:

8 ‘‘SEC. 426. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHI-

9 GAN.

10 ‘‘(a) DEFINITIONS.—In this section, the following 11 definitions apply:

12 ‘‘(1) MANAGEMENT PLAN.—The term ‘manage- 13 ment plan’ means the management plan for the St. 14 Clair River and Lake St. Clair, Michigan, that is in 15 effect as of the date of enactment of the Water Re- 16 sources Development Act of 2007.

17 ‘‘(2) PARTNERSHIP.—The term ‘Partnership’ 18 means the partnership established by the Secretary 19 under subsection (b)(1).

20 ‘‘(b) PARTNERSHIP.—

21 ‘‘(1) IN GENERAL.—The Secretary shall estab- 22 lish and lead a partnership of appropriate Federal 23 agencies (including the Environmental Protection 24 Agency) and the State of Michigan (including polit- 25 ical subdivisions of the State)—

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8 ‘‘(2) COORDINATION WITH ACTIONS UNDER

9 OTHER LAW.—

10 ‘‘(A) IN GENERAL.—Actions taken under 11 this section by the Partnership shall be coordi- 12 nated with actions to restore and conserve the 13 St. Clair River and Lake St. Clair and water- 14 sheds taken under other provisions of Federal 15 and State law.

16 ‘‘(B) NO EFFECT ON OTHER LAW.—Noth- 17 ing in this section alters, modifies, or affects 18 any other provision of Federal or State law.

19 ‘‘(c) IMPLEMENTATION OF ST. CLAIR RIVER AND

20 LAKE ST. CLAIR MANAGEMENT PLAN.—

21 ‘‘(1) IN GENERAL.—The Secretary shall— 22 ‘‘(A) develop a St. Clair River and Lake 23 St. Clair strategic implementation plan in ac- 24 cordance with the management plan;

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17 ‘‘(2) SPECIFIC MEASURES.—Financial and tech- 18 nical assistance provided under subparagraphs (B) 19 and (C) of paragraph (1) may be used in support of 20 non-Federal activities consistent with the manage- 21 ment plan.

22 ‘‘(d) SUPPLEMENTS TO MANAGEMENT PLAN AND

23 STRATEGIC IMPLEMENTATION PLAN.—In consultation 24 with the Partnership and after providing an opportunity

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6 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 7 is authorized to be appropriated to carry out this section 8 $20,000,000.’’.

9 SEC. 3090. ST. JOSEPH HARBOR, MICHIGAN. 10 The Secretary shall expedite development of the 11 dredged material management plan for the project for 12 navigation, St. Joseph Harbor, Michigan, authorized by 13 section 101 of the River and Harbor Act of 1958 (72 Stat. 14 299).

15 SEC. 3091. SAULT SAINTE MARIE, MICHIGAN.

16 (a) IN GENERAL.—The text of section 1149 of the 17 Water Resources Development Act of 1986 (100 Stat. 18 4254) is amended to read as follows: 19 ‘‘The Secretary shall construct, at Federal expense, 20 a second lock, of a width not less than 110 feet and a 21 length not less than 1,200 feet, adjacent to the existing 22 lock at Sault Sainte Marie, Michigan, generally in accord- 23 ance with the report of the Board of Engineers for Rivers 24 and Harbors, dated May 19, 1986, and the limited re-

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3 (b) CONFORMING REPEALS.—The following provi- 4 sions are repealed: 5 (1) Section 107(a)(8) of the Water Resources 6 Development Act of 1990 (104 Stat. 4620). 7 (2) Section 330 of the Water Resources Devel- 8 opment Act of 1996 (110 Stat. 3717). 9 (3) Section 330 of the Water Resources Devel- 10 opment Act of 1999 (113 Stat. 305).

11 SEC. 3092. ADA, MINNESOTA. 12 In carrying out the project for flood damage reduc- 13 tion, Wild Rice River, Ada, Minnesota, under section 205 14 of the Flood Control Act of 1948 (33 U.S.C. 701s), the 15 Secretary shall allow the non-Federal interest to partici- 16 pate in the financing of the project in accordance with sec- 17 tion 903(c) of the Water Resources Development Act of 18 1986 (100 Stat. 4184) if the detailed project report eval- 19 uation indicates that applying such section is necessary 20 to implement the project.

21 SEC. 3093. DULUTH HARBOR, MCQUADE ROAD, MINNESOTA.

22 (a) IN GENERAL.—The project for navigation, Du- 23 luth Harbor, McQuade Road, Minnesota, being carried out 24 under section 107 of the River and Harbor Act of 1960 25 (33 U.S.C. 577) and modified by section 321 of the Water

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7 (b) CREDIT.—The Secretary shall credit, in accord- 8 ance with section 221 of the Flood Control Act of 1970 9 (42 U.S.C. 1962d–5b), toward the non-Federal share of 10 the cost of the project for the costs of design work carried 11 out by the non-Federal interest for the project before the 12 date of the partnership agreement for the project.

13 (c) MAXIMUM FEDERAL EXPENDITURE.—The max- 14 imum amount of Federal funds that may be expended for 15 the project shall be $9,000,000.

16 SEC. 3094. GRAND MARAIS, MINNESOTA. 17 The project for navigation, Grand Marais, Minnesota, 18 carried out under section 107 of the River and Harbor 19 Act of 1960 (33 U.S.C. 577) is modified to direct the Sec- 20 retary to credit, in accordance with section 221 of the 21 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward 22 the non-Federal share of the cost of the project the cost 23 of design work carried out for the project before the date 24 of the partnership agreement for the project.

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10 SEC. 3096. GRANITE FALLS, MINNESOTA.

11 (a) IN GENERAL.—The Secretary is directed to im- 12 plement the locally preferred plan for flood damage reduc- 13 tion, Granite Falls, Minnesota, at a total cost of 14 $12,000,000, with an estimated Federal cost of 15 $8,000,000 and an estimated non-Federal cost of 16 $4,000,000. In carrying out the project, the Secretary 17 shall utilize, to the extent practicable, the existing detailed 18 project report dated 2002 for the project prepared under 19 the authority of section 205 of the Flood Control Act of 20 1948 (33 U.S.C. 701s).

21 (b) PROJECT FINANCING.—In evaluating and imple- 22 menting the project under this section, the Secretary shall 23 allow the non-Federal interests to participate in the fi- 24 nancing of the project in accordance with section 903(c) 25 of the Water Resources Development Act of 1986 (100 26 Stat. 4184) if the detailed project report evaluation indi-

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3 (c) CREDIT.—The Secretary shall credit, in accord- 4 ance with section 221 of the Flood Control Act of 1970 5 (42 U.S.C. 1962d–5b), toward the non-Federal share of 6 the project the cost of design and construction work car- 7 ried out by the non-Federal interest for the project before 8 the date of execution of a partnership agreement for the 9 project.

10 (d) MAXIMUM FUNDING.—The maximum amount of 11 Federal funds that may be expended for the flood damage 12 reduction shall be $8,000,000.

13 SEC. 3097. KNIFE RIVER HARBOR, MINNESOTA. 14 The project for navigation, Harbor at Knife River, 15 Minnesota, authorized by section 2 of the Rivers and Har- 16 bors Act of March 2, 1945 (59 Stat. 19), is modified to 17 direct the Secretary to develop a final design and prepare 18 plans and specifications to correct the harbor entrance and 19 mooring conditions at the project.

20 SEC. 3098. RED LAKE RIVER, MINNESOTA. 21 The project for flood control, Red Lake River, 22 Crookston, Minnesota, authorized by section 101(a)(23) of 23 the Water Resources Development Act of 1999 (113 Stat. 24 278), is modified to include flood protection for the adja- 25 cent and interconnected areas generally known as the

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7 SEC. 3099. SILVER BAY, MINNESOTA. 8 The project for navigation, Silver Bay, Minnesota, 9 authorized by section 2 of the Rivers and Harbors Act 10 of March 2, 1945 (59 Stat. 19), is modified to include 11 operation and maintenance of the general navigation fa- 12 cilities as a Federal responsibility.

13 SEC. 3100. TACONITE HARBOR, MINNESOTA. 14 The project for navigation, Taconite Harbor, Min- 15 nesota, carried out under section 107 of the River and 16 Harbor Act of 1960 (33 U.S.C. 577), is modified to in- 17 clude operation and maintenance of the general navigation 18 facilities as a Federal responsibility.

19 SEC. 3101. TWO HARBORS, MINNESOTA.

20 (a) IN GENERAL.—Notwithstanding the require- 21 ments of section 107(a) of the River and Harbor Act of 22 1960 (33 U.S.C. 577(a)), the project for navigation, Two 23 Harbors, Minnesota, being carried out under such author- 24 ity, is justified on the basis of navigation safety.

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1 (b) MAXIMUM FEDERAL EXPENDITURES.—The max- 2 imum amount of Federal funds that may be expended for 3 the project shall be $7,000,000.

4 SEC. 3102. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI. 5 The project for ecosystem restoration, Deer Island, 6 Harrison County, Mississippi, being carried out under sec- 7 tion 204 of the Water Resources Development Act of 1992 8 (33 U.S.C. 2326), is modified to authorize the non-Fed- 9 eral interest to provide, in accordance with section 221 10 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), 11 any portion of the non-Federal share of the cost of the 12 project in the form of in-kind services and materials.

13 SEC. 3103. JACKSON COUNTY, MISSISSIPPI.

14 (a) MODIFICATION.—Section 331 of the Water Re- 15 sources Development Act of 1999 (113 Stat. 305) is 16 amended by striking ‘‘$5,000,000’’ and inserting 17 ‘‘$9,000,000’’.

18 (b) APPLICABILITY OF CREDIT.—The credit provided 19 by section 331 of the Water Resources Development Act 20 of 1999 (113 Stat. 305) (as amended by subsection (a) 21 of this section) shall apply to costs incurred by the Jack- 22 son County Board of Supervisors during the period begin- 23 ning on February 8, 1994, and ending on the date of en- 24 actment of this Act for projects authorized by section

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3 SEC. 3104. PEARL RIVER BASIN, MISSISSIPPI.

4 (a) IN GENERAL.—The project for flood damage re- 5 duction, Pearl River Basin, including Shoccoe, Mississippi, 6 authorized by section 401(e)(3) of the Water Resources 7 Development Act of 1986 (100 Stat. 4132), is modified 8 to authorize the Secretary, subject to subsection (c), to 9 construct the project generally in accordance with the plan 10 described in the ‘‘Pearl River Watershed, Mississippi, Fea- 11 sibility Study Main Report, Preliminary Draft’’, dated 12 February 2007, at a total cost of $205,800,000, with an 13 estimated Federal cost of $133,770,000 and an estimated 14 non-Federal cost of $72,030,000.

15 (b) COMPARISON OF ALTERNATIVES.—Before initi- 16 ating construction of the project, the Secretary shall com- 17 pare the level of flood damage reduction provided by the 18 plan that maximizes national economic development bene- 19 fits of the project and the locally preferred plan, referred 20 to as the LeFleur Lakes plan, to that portion of Jackson, 21 Mississippi and vicinity, located below the Ross Barnett 22 Reservoir Dam.

23 (c) IMPLEMENTATION OF PLAN.—

24 (1) IN GENERAL.—If the Secretary determines 25 under subsection (b) that the locally preferred plan

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9 (2) CONSTRUCTION BY NON-FEDERAL INTER-

10 ESTS.—The non-Federal interest may carry out the 11 project under section 211 of the Water Resources 12 Development Act of 1996 (33 U.S.C. 701b–13).

13 (d) PROJECT FINANCING.—In evaluating and imple- 14 menting the project under this section, the Secretary shall 15 allow the non-Federal interests to participate in the fi- 16 nancing of the project in accordance with section 903(c) 17 of the Water Resources Development Act of 1986 (100 18 Stat. 4184) if the detailed project report evaluation indi- 19 cates that applying such section is necessary to implement 20 the project.

21 (e) NON-FEDERAL COST SHARE.—If the locally pre- 22 ferred plan is selected for construction of the project, the 23 Federal share of the cost of the project shall be limited 24 to the share as provided by law for the elements of the 25 national economic development plan.

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5 SEC. 3106. L–15 LEVEE, MISSOURI. 6 The portion of the L–15 levee system that is under 7 the jurisdiction of the Consolidated North County Levee 8 District and situated along the right descending bank of 9 the Mississippi River from the confluence of that river 10 with the Missouri River and running upstream approxi- 11 mately 14 miles shall be considered to be a Federal levee 12 for purposes of cost sharing under section 5 of the Act 13 of August 18, 1941 (33 U.S.C. 701n).

14 SEC. 3107. MONARCH-CHESTERFIELD, MISSOURI. 15 The project for flood damage reduction, Monarch- 16 Chesterfield, Missouri, authorized by section 101(b)(18) 17 of the Water Resources Development Act of 2000 (114 18 Stat. 2578), is modified to direct the Secretary to credit, 19 in accordance with section 221 of the Flood Control Act 20 of 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 21 share of the cost of the project the cost of the planning, 22 design, and construction work carried out by the non-Fed- 23 eral interest for the project before the date of the partner- 24 ship agreement for the project.

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13 SEC. 3109. LOWER YELLOWSTONE PROJECT, MONTANA. 14 The Secretary may use funds appropriated to carry 15 out the Missouri River recovery and mitigation program 16 to assist the Bureau of Reclamation in the design and con- 17 struction of the Lower Yellowstone project of the Bureau, 18 Intake, Montana, for the purpose of ecosystem restoration.

19 SEC. 3110. YELLOWSTONE RIVER AND TRIBUTARIES, MON-

20 TANA AND NORTH DAKOTA.

21 (a) DEFINITION OF RESTORATION PROJECT.—In 22 this section, the term ‘‘restoration project’’ means a 23 project that will produce, in accordance with other Federal 24 programs, projects, and activities, substantial ecosystem 25 restoration and related benefits, as determined by the Sec- 26 retary.

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1 (b) PROJECTS.—The Secretary shall carry out, in ac- 2 cordance with other Federal programs, projects, and ac- 3 tivities, restoration projects in the watershed of the Yel- 4 lowstone River and tributaries in Montana, and in North 5 Dakota, to produce immediate and substantial ecosystem 6 restoration and recreation benefits.

7 (c) LOCAL PARTICIPATION.—In carrying out sub- 8 section (b), the Secretary shall— 9 (1) consult with, and consider the activities 10 being carried out by— 11 (A) other Federal agencies; 12 (B) Indian tribes; 13 (C) conservation districts; and 14 (D) the Yellowstone River Conservation 15 District Council; and 16 (2) seek the participation of the State of Mon- 17 tana.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated to carry out this section 20 $30,000,000.

21 SEC. 3111. ANTELOPE CREEK, LINCOLN, NEBRASKA. 22 The project for flood damage reduction, Antelope 23 Creek, Lincoln, Nebraska, authorized by section 24 101(b)(19) of the Water Resources Development Act of 25 2000 (114 Stat. 2578), is modified—

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15 SEC. 3112. SAND CREEK WATERSHED, WAHOO, NEBRASKA. 16 The project for ecosystem restoration and flood dam- 17 age reduction, Sand Creek watershed, Wahoo, Nebraska, 18 authorized by section 101(b)(20) of the Water Resources 19 Development Act of 2000 (114 Stat. 2578), is modified— 20 (1) to direct the Secretary to credit, in accord- 21 ance with section 221 of the Flood Control Act of 22 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 23 share of the cost of the project or reimbursement for 24 the costs of any work performed by the non-Federal 25 interest for the project before the approval of the

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10 SEC. 3113. WESTERN SARPY AND CLEAR CREEK, NEBRASKA. 11 The project for ecosystem restoration and flood dam- 12 age reduction, Western Sarpy and Clear Creek, Nebraska, 13 authorized by section 101(b)(21) of the Water Resources 14 Development Act of 2000 (114 Stat. 2578), is modified 15 to authorize the Secretary to construct the project at a 16 total cost of $21,664,000, with an estimated Federal cost 17 of $14,082,000 and an estimated non-Federal cost of 18 $7,582,000.

19 SEC. 3114. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NE-

20 VADA. 21 The maximum amount of Federal funds that may be 22 expended for the project being carried out, as of the date 23 of enactment of this Act, under section 1135 of the Water 24 Resources Development Act of 1986 (33 U.S.C. 2309a)

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3 SEC. 3115. LOWER CAPE MAY MEADOWS, CAPE MAY POINT,

4 NEW JERSEY. 5 The project for navigation mitigation, ecosystem res- 6 toration, shore protection, and hurricane and storm dam- 7 age reduction, Lower Cape May Meadows, Cape May 8 Point, New Jersey, authorized by section 101(a)(25) of 9 the Water Resources Development Act of 1999 (113 Stat. 10 278), is modified to incorporate the project for shoreline 11 erosion control, Cape May Point, New Jersey, carried out 12 under section 5 of the Act entitled ‘‘An Act authorizing 13 Federal participation in the cost of protecting the shores 14 of publicly owned property’’, approved August 13, 1946 15 (33 U.S.C. 426h), if the Secretary determines that such 16 incorporation is feasible.

17 SEC. 3116. PASSAIC RIVER BASIN FLOOD MANAGEMENT,

18 NEW JERSEY. 19 The project for flood control, Passaic River, New Jer- 20 sey and New York, authorized by section 101(a)(18) of 21 the Water Resources Development Act of 1990 (104 Stat. 22 4607) and modified by section 327 of the Water Resources 23 Development Act of 2000 (114 Stat. 2607), is modified 24 to direct the Secretary to include the benefits and costs

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3 SEC. 3117. COOPERATIVE AGREEMENTS, NEW MEXICO. 4 The Secretary may enter into cooperative agreements 5 with any Indian tribe any land of which is located in the 6 State of New Mexico and occupied by a flood control 7 project that is owned and operated by the Corps of Engi- 8 neers to assist in carrying out any operation or mainte- 9 nance activity associated with the flood control project.

10 SEC. 3118. MIDDLE RIO GRANDE RESTORATION, NEW MEX-

11 ICO.

12 (a) RESTORATION PROJECTS DEFINED.—In this sec- 13 tion, the term ‘‘restoration project’’ means a project that 14 will produce, consistent with other Federal programs, 15 projects, and activities, immediate and substantial eco- 16 system restoration and recreation benefits.

17 (b) PROJECT SELECTION.—The Secretary shall select 18 and shall carry out restoration projects in the Middle Rio 19 Grande from Cochiti Dam to the headwaters of Elephant 20 Butte Reservoir in the State of New Mexico.

21 (c) LOCAL PARTICIPATION.—In carrying out sub- 22 section (b), the Secretary shall consult with, and consider 23 the activities being carried out by— 24 (1) the Middle Rio Grande Endangered Species 25 Act Collaborative Program; and

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3 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated $25,000,000 to carry out 5 this section.

6 SEC. 3119. BUFFALO HARBOR, NEW YORK. 7 The project for navigation, Buffalo Harbor, New 8 York, authorized by section 101 of the River and Harbor 9 Act of 1962 (76 Stat. 1176), is modified to include meas- 10 ures to enhance public access, at Federal cost of 11 $500,000.

12 SEC. 3120. LONG ISLAND SOUND OYSTER RESTORATION,

13 NEW YORK AND CONNECTICUT.

14 (a) IN GENERAL.—The Secretary shall plan, design, 15 and construct projects to increase aquatic habitats within 16 Long Island Sound and adjacent waters, including the 17 construction and restoration of oyster beds and related 18 shellfish habitat.

19 (b) COST SHARING.—The non-Federal share of the 20 cost of activities carried out under this section shall be 21 25 percent and may be provided through in-kind services 22 and materials.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 24 authorized to be appropriated $25,000,000 to carry out 25 this section.

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2 SHED MANAGEMENT, NEW YORK.

3 (a) WATERSHED MANAGEMENT PLAN DEVELOP-

4 MENT.—

5 (1) IN GENERAL.—The Secretary, in consulta- 6 tion with the State of New York and local entities, 7 shall develop watershed management plans for the 8 Mamaroneck and Sheldrake River watershed for the 9 purposes of evaluating existing and new flood dam- 10 age reduction and ecosystem restoration.

11 (2) EXISTING PLANS.—In developing the water- 12 shed management plans, the Secretary shall use ex- 13 isting studies and plans, as appropriate.

14 (b) CRITICAL RESTORATION PROJECTS.—

15 (1) IN GENERAL.—The Secretary may partici- 16 pate in any eligible critical restoration project in the 17 Mamaroneck and Sheldrake Rivers watershed in ac- 18 cordance with the watershed management plans de- 19 veloped under subsection (a).

20 (2) ELIGIBLE PROJECTS.—A critical restoration 21 project shall be eligible for assistance under this sec- 22 tion if the project— 23 (A) meets the purposes described in the 24 watershed management plans developed under 25 subsection (a); and

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15 (c) COOPERATIVE AGREEMENTS.—In carrying out 16 this section, the Secretary may enter into one or more co- 17 operative agreements to provide financial assistance to ap- 18 propriate Federal, State, or local governments or non- 19 profit agencies, including assistance for the implementa- 20 tion of projects to be carried out under subsection (b).

21 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to carry out this section 23 $30,000,000, to remain available until expended.

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6 SEC. 3123. PORT OF NEW YORK AND NEW JERSEY, NEW

7 YORK AND NEW JERSEY. 8 The navigation project, Port of New York and New 9 Jersey, New York and New Jersey, authorized by section 10 101(a)(2) of the Water Resources Development Act of 11 2000 (114 Stat. 2576), is modified— 12 (1) to authorize the Secretary to allow the non- 13 Federal interest to construct a temporary dredged 14 material storage facility to receive dredged material 15 from the project if— 16 (A) the non-Federal interest submits, in 17 writing, a list of potential sites for the tem- 18 porary storage facility to the Committee on 19 Transportation and Infrastructure of the House 20 of Representatives, the Committee on Environ- 21 ment and Public Works of the Senate, and the 22 Secretary at least 180 days before the selection 23 of the final site; and 24 (B) at least 70 percent of the dredged ma- 25 terial generated in connection with the project 26 suitable for beneficial reuse will be used at sites

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8 SEC. 3124. NEW YORK STATE CANAL SYSTEM. 9 Section 553(c) of the Water Resources Development 10 Act of 1996 (110 Stat. 3781) is amended to read as fol- 11 lows:

12 ‘‘(c) NEW YORK STATE CANAL SYSTEM DEFINED.— 13 In this section, the term ‘New York State Canal System’ 14 means the 524 miles of navigable canal that comprise the 15 New York State Canal System, including the Erie, Ca- 16 yuga-Seneca, Oswego, and Champlain Canals and the his- 17 toric alignments of these canals, including the cities of Al- 18 bany, Rochester, and Buffalo.’’.

19 SEC. 3125. SUSQUEHANNA RIVER AND UPPER DELAWARE

20 RIVER WATERSHED MANAGEMENT, NEW

21 YORK.

22 (a) WATERSHED MANAGEMENT PLAN DEVELOP-

23 MENT.—

24 (1) IN GENERAL.—The Secretary, in consulta- 25 tion with the State of New York, the Delaware or

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8 (2) EXISTING PLANS.—In developing the water- 9 shed management plans, the Secretary shall use ex- 10 isting studies and plans, as appropriate.

11 (b) CRITICAL RESTORATION PROJECTS.—

12 (1) IN GENERAL.—The Secretary may partici- 13 pate in any eligible critical restoration project in the 14 Susquehanna River or Upper Delaware Rivers in ac- 15 cordance with the watershed management plans de- 16 veloped under subsection (a).

17 (2) ELIGIBLE PROJECTS.—A critical restoration 18 project shall be eligible for assistance under this sec- 19 tion if the project— 20 (A) meets the purposes described in the 21 watershed management plans developed under 22 subsection (a); and 23 (B) with respect to the Susquehanna River 24 or Upper Delaware River watershed in New

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13 (c) COOPERATIVE AGREEMENTS.—In carrying out 14 this section, the Secretary may enter into 1 or more coop- 15 erative agreements to provide financial assistance to ap- 16 propriate Federal, State, or local governments or non- 17 profit agencies, including assistance for the implementa- 18 tion of projects to be carried out under subsection (b).

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 20 authorized to be appropriated to carry out this section 21 $30,000,000, to remain available until expended.

22 SEC. 3126. MISSOURI RIVER RESTORATION, NORTH DA-

23 KOTA. 24 Section 707(a) of the Water Resources Development 25 Act of 2000 (114 Stat. 2699) is amended in the first sen-

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3 SEC. 3127. WAHPETON, NORTH DAKOTA. 4 The maximum amount of Federal funds that may be 5 allotted for the project for flood damage reduction, 6 Wahpeton, North Dakota, being carried out under section 7 205 of the Flood Control Act of 1948 (33 U.S.C. 701s), 8 shall be $12,000,000.

9 SEC. 3128. OHIO. 10 Section 594 of the Water Resources Development Act 11 of 1999 (113 Stat. 381) is amended— 12 (1) by redesignating subsections (f) and (g) as 13 subsections (g) and (h), respectively; and 14 (2) by inserting after subsection (e) the fol- 15 lowing:

16 ‘‘(f) NONPROFIT ENTITIES.—In accordance with sec- 17 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 18 1962d–5b), a non-Federal interest for any project carried 19 out under this section may include a nonprofit entity, with 20 the consent of the affected local government.’’.

21 SEC. 3129. LOWER GIRARD LAKE DAM, GIRARD, OHIO. 22 Section 507 of the Water Resources Development Act 23 of 1996 (110 Stat. 3758) is amended—

24 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 25 ‘‘The Secretary’’;

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12 ‘‘(b) SPECIAL RULES.—The project for Lower Girard 13 Lake Dam, Girard, Ohio, authorized by subsection (a)(1) 14 is justified on the basis of public safety.’’.

15 SEC. 3130. MAHONING RIVER, OHIO. 16 In carrying out the project for environmental dredg- 17 ing, authorized by section 312(f)(4) of the Water Re- 18 sources Development Act of 1990 (33 U.S.C. 1272(f)(4)), 19 the Secretary is directed to credit, in accordance with sec- 20 tion 221 of the Flood Control Act of 1970 (42 U.S.C. 21 1962d–5b), toward the non-Federal share of the cost of 22 the project the cost of work carried out by the non-Federal 23 interest for the project before the date of the partnership 24 agreement for the project.

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8 SEC. 3132. ARKANSAS RIVER CORRIDOR, OKLAHOMA.

9 (a) IN GENERAL.—The Secretary is authorized to 10 participate in the ecosystem restoration, recreation, and 11 flood damage reduction components of the Arkansas River 12 Corridor Master Plan dated October 2005. The Secretary 13 shall coordinate with appropriate representatives in the vi- 14 cinity of Tulsa, Oklahoma, including representatives of 15 Tulsa County and surrounding communities and the In- 16 dian Nations Council of Governments.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated $50,000,000 to carry out 19 this section.

20 SEC. 3133. LAKE EUFAULA, OKLAHOMA.

21 (a) PROJECT GOAL.—

22 (1) IN GENERAL.—The goal for operation of 23 Lake Eufaula, Oklahoma, shall be to maximize the 24 use of available storage in a balanced approach that 25 incorporates advice from representatives from all the

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3 (2) RECOGNITION OF PURPOSE.—To achieve 4 the goal described in paragraph (1), recreation is 5 recognized as a project purpose at Lake Eufaula, 6 pursuant to section 4 of the Flood Control Act of 7 December 22, 1944 (58 Stat. 889).

8 (b) LAKE EUFAULA ADVISORY COMMITTEE.—

9 (1) IN GENERAL.—In accordance with the Fed- 10 eral Advisory Committee Act (5 U.S.C. App.), the 11 Secretary shall establish an advisory committee for 12 the Lake Eufaula, Canadian River, Oklahoma 13 project authorized by the first section of the River 14 and Harbor Act of July 24, 1946 (60 Stat. 635).

15 (2) PURPOSE.—The purpose of the committee 16 shall be advisory only.

17 (3) DUTIES.—The committee shall provide in- 18 formation and recommendations to the Corps of En- 19 gineers regarding the operations of Lake Eufaula for 20 the project purposes for Lake Eufaula.

21 (4) COMPOSITION.—The Committee shall be 22 composed of members that equally represent the 23 project purposes for Lake Eufaula.

24 (c) REALLOCATION STUDY.—

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1 (1) IN GENERAL.—Subject to the appropriation 2 of funds, the Secretary shall perform a reallocation 3 study, at Federal expense, to develop and present 4 recommendations concerning the best value, while 5 minimizing ecological damages, for current and fu- 6 ture use of the Lake Eufaula storage capacity for 7 the authorized project purposes of flood control, 8 water supply, hydroelectric power, navigation, fish 9 and wildlife, and recreation.

10 (2) FACTORS FOR CONSIDERATION.—The re- 11 allocation study shall take into consideration the rec- 12 ommendations of the Lake Eufaula Advisory Com- 13 mittee.

14 (d) POOL MANAGEMENT PLAN.—

15 (1) IN GENERAL.—Not later than one year 16 after the date of enactment of this Act, to the extent 17 feasible within available project funds and subject to 18 the completion and approval of the reallocation 19 study under subsection (c), the Tulsa district engi- 20 neer, taking into consideration recommendations of 21 the Lake Eufaula Advisory Committee, shall develop 22 an interim management plan that accommodates all 23 project purposes for Lake Eufaula.

24 (2) MODIFICATIONS.—A modification of the 25 plan under paragraph (1) shall not cause significant

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5 SEC. 3134. OKLAHOMA LAKES DEMONSTRATION PROGRAM,

6 OKLAHOMA.

7 (a) IMPLEMENTATION OF PROGRAM.—Not later than 8 one year after the date of enactment of this Act, the Sec- 9 retary shall implement an innovative program at the lakes 10 located primarily in the State of Oklahoma that are a part 11 of an authorized civil works project under the administra- 12 tive jurisdiction of the Corps of Engineers for the purpose 13 of demonstrating the benefits of enhanced recreation fa- 14 cilities and activities at those lakes.

15 (b) REQUIREMENTS.—In implementing the program 16 under subsection (a), the Secretary, consistent with au- 17 thorized project purposes, shall— 18 (1) pursue strategies that will enhance, to the 19 maximum extent practicable, recreation experiences 20 at the lakes included in the program; 21 (2) use creative management strategies that op- 22 timize recreational activities; and 23 (3) ensure continued public access to recreation 24 areas located on or associated with the civil works 25 project.

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1 (c) GUIDELINES.—Not later than 180 days after the 2 date of enactment of this Act, the Secretary shall issue 3 guidelines for the implementation of this section, to be de- 4 veloped in coordination with the State of Oklahoma.

5 (d) REPORT.—

6 (1) IN GENERAL.—Not later than 2 years after 7 the date of enactment of this Act, the Secretary 8 shall submit to the Committee on Environment and 9 Public Works of the Senate and the Committee on 10 Transportation and Infrastructure of the House of 11 Representatives a report describing the results of the 12 program under subsection (a).

13 (2) INCLUSIONS.—The report under paragraph 14 (1) shall include a description of the projects under- 15 taken under the program, including— 16 (A) an estimate of the change in any re- 17 lated recreational opportunities; 18 (B) a description of any leases entered 19 into, including the parties involved; and 20 (C) the financial conditions that the Corps 21 of Engineers used to justify those leases.

22 (3) AVAILABILITY TO PUBLIC.—The Secretary 23 shall make the report available to the public in elec- 24 tronic and written formats.

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1 (e) TERMINATION.—The authority provided by this 2 section shall terminate on the date that is 10 years after 3 the date of enactment of this Act.

4 SEC. 3135. OTTAWA COUNTY, OKLAHOMA.

5 (a) IN GENERAL.—There is authorized to be appro- 6 priated $30,000,000 for the purposes set forth in sub- 7 section (b).

8 (b) PURPOSES.—Notwithstanding any other provi- 9 sion of law, funds appropriated under subsection (a) may 10 be used for the purpose of— 11 (1) the buyout of properties and permanently 12 relocating residents and businesses in or near 13 Picher, Cardin, and Hockerville, Oklahoma, from 14 areas determined by the State of Oklahoma to be at 15 risk of damage caused by land subsidence and re- 16 maining properties; and 17 (2) providing funding to the State of Oklahoma 18 to buyout properties and permanently relocate resi- 19 dents and businesses of Picher, Cardin, and 20 Hockerville, Oklahoma, from areas determined by 21 the State of Oklahoma to be at risk of damage 22 caused by land subsidence and remaining properties.

23 (c) LIMITATION.—The use of funds in accordance 24 with subsection (b) shall not be considered to be part of 25 a federally assisted program or project for purposes of

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3 (d) CONSISTENCY WITH STATE PROGRAM.—Any ac- 4 tions taken under subsection (b) shall be consistent with 5 the relocation program in the State of Oklahoma under 6 27A O.S. Supp. 2006, sections 2201 et seq.

7 (e) CONSIDERATION OF REMEDIAL ACTION.—The 8 Administrator of the Environmental Protection Agency 9 shall consider, without delay, a remedial action under the 10 Comprehensive Environmental Response, Compensation, 11 and Liability Act of 1980 (42 U.S.C. 9601 et seq.) for 12 the Tar Creek, Oklahoma, National Priorities List site 13 that includes permanent relocation of residents consistent 14 with the program currently being administered by the 15 State of Oklahoma. Such relocation shall not be subject 16 to the Uniform Relocation Assistance and Real Property 17 Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.).

18 (f) ESTIMATING COSTS.—In estimating and com- 19 paring the cost of a remedial alternative for the Tar Creek 20 Oklahoma, National Priorities List site that includes the 21 permanent relocation of residents, the Administrator shall 22 not include the cost of compliance with the Uniform Relo- 23 cation Assistance and Real Property Acquisition Policies 24 Act of 1970 (42 U.S.C. 4601 et seq.).

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1 (g) EFFECT OF CERTAIN REMEDIES.—Inclusion of 2 subsidence remedies, such as permanent relocation within 3 any remedial action, shall not preempt, alter, or delay the 4 right of any sovereign entity, including any State or tribal 5 government, to seek remedies, including abatement, for 6 land subsidence and subsidence risks under State law.

7 (h) AMENDMENT.—Section 111 of Public Law 108– 8 137 (117 Stat. 1835) is amended— 9 (1) by adding at the end of subsection (a) the 10 following: ‘‘Such activities also may include the pro- 11 vision of financial assistance to facilitate the buy out 12 of properties located in areas identified by the State 13 as areas that are or will be at risk of damage caused 14 by land subsidence and associated properties other- 15 wise identified by the State. Any buyout of such 16 properties shall not be considered to be part of a 17 federally assisted program or project for purposes of 18 Public Law 91–646 (42 U.S.C. 4601 et seq.), con- 19 sistent with section 2301 of Public Law 109–234 20 (120 Stat. 455–456).’’; and 21 (2) by striking the first sentence of subsection 22 (d) and inserting the following: ‘‘Non-Federal inter- 23 ests shall be responsible for operating and maintain- 24 ing any restoration alternatives constructed or car- 25 ried out pursuant to this section.’’.

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2 AND TEXAS. 3 The project for water quality control in the Arkansas 4 and Red River Basin, Texas, Oklahoma, and Kansas, au- 5 thorized by section 203 of the Flood Control Act of 1966 6 (80 Stat. 1420) and modified by section 1107(a) of the 7 Water Resources Development A of 1986 (100 Stat. 4229) 8 is further modified to direct the Secretary to provide oper- 9 ation and maintenance for the Red River Chloride Control 10 project, Oklahoma and Texas, at Federal expense.

11 SEC. 3137. WAURIKA LAKE, OKLAHOMA. 12 The remaining obligation of the Waurika Project 13 Master Conservancy District payable to the United States 14 Government in the amounts, rates of interest, and pay- 15 ment schedules— 16 (1) is set at the amounts, rates of interest, and 17 payment schedules that existed on June 3, 1986, 18 with respect to the project for Waurika Lake, Okla- 19 homa; and 20 (2) may not be adjusted, altered, or changed 21 without a specific, separate, and written agreement 22 between the District and the United States.

23 SEC. 3138. UPPER WILLAMETTE RIVER WATERSHED ECO-

24 SYSTEM RESTORATION, OREGON.

25 (a) IN GENERAL.—The Secretary shall conduct stud- 26 ies and ecosystem restoration projects for the upper Wil-

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3 (b) CONSULTATION.—The Secretary shall carry out 4 ecosystem restoration projects under this section for the 5 Upper Willamette River watershed in consultation with 6 the Governor of the State of Oregon, the heads of appro- 7 priate Indian tribes, the Environmental Protection Agen- 8 cy, the United States Fish and Wildlife Service, the Na- 9 tional Marine Fisheries Service, the Bureau of Land Man- 10 agement, the Forest Service, and local entities.

11 (c) AUTHORIZED ACTIVITIES.—In carrying out eco- 12 system restoration projects under this section, the Sec- 13 retary shall undertake activities necessary to protect, mon- 14 itor, and restore fish and wildlife habitat.

15 (d) PRIORITY.—In carrying out this section, the Sec- 16 retary shall give priority to a project to restore the mill- 17 race in Eugene, Oregon, and shall include noneconomic 18 benefits associated with the historical significance of the 19 millrace and associated with preservation and enhance- 20 ment of resources in evaluating the benefits of the project.

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to carry out this section 23 $15,000,000.

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2 SEY, AND DELAWARE. 3 The Secretary may remove debris from the project 4 for navigation, Delaware River, Pennsylvania, New Jersey, 5 and Delaware, Philadelphia to the Sea.

6 SEC. 3140. RAYSTOWN LAKE, PENNSYLVANIA. 7 The Secretary may take such action as may be nec- 8 essary, including construction of a breakwater, to prevent 9 shoreline erosion between .07 and 2.7 miles south of Penn- 10 sylvania State Route 994 on the east shore of Raystown 11 Lake, Pennsylvania.

12 SEC. 3141. SHERADEN PARK STREAM AND CHARTIERS

13 CREEK, ALLEGHENY COUNTY, PENNSYL-

14 VANIA. 15 The project for aquatic ecosystem restoration, 16 Sheraden Park Stream and Chartiers Creek, Allegheny 17 County, Pennsylvania, being carried out under section 206 18 of the Water Resources Development Act of 1996 (33 19 U.S.C. 2330), is modified to direct the Secretary to credit, 20 in accordance with section 221 of the Flood Control Act 21 of 1970 (42 U.S.C. 1962d–5b), up to $400,000 toward 22 the non-Federal share of the cost of the project for plan- 23 ning and design work carried out by the non-Federal in- 24 terest for the project before the date of the partnership 25 agreement for the project.

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2 VANIA. 3 The project for flood control, Wyoming Valley, Penn- 4 sylvania, authorized by section 401(a) of the Water Re- 5 sources Development Act of 1986 (100 Stat. 4124), is 6 modified to include as a project element the project for 7 flood control for Solomon’s Creek, Wilkes-Barre, Pennsyl- 8 vania.

9 SEC. 3143. SOUTH CENTRAL PENNSYLVANIA. 10 Section 313 of the Water Resources Development Act 11 of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 12 113 Stat. 310; 117 Stat. 142) is amended— 13 (1) in subsection (g)(1) by striking 14 ‘‘$180,000,000’’ and inserting ‘‘$200,000,000’’; and 15 (2) in subsection (h)(2) by striking ‘‘Allegheny, 16 Armstrong, Beford, Blair, Cambria, Clearfield, Fay- 17 ette, Franklin, Fulton, Greene, Huntingdon, Indi- 18 ana, Juniata, Mifflin, Somerset, Snyder, Wash- 19 ington, and Westmoreland Counties’’ and inserting 20 ‘‘Allegheny, Armstrong, Bedford, Blair, Cambria, 21 Fayette, Franklin, Fulton, Greene, Huntingdon, In- 22 diana, Juniata, Somerset, Washington, and West- 23 moreland Counties’’.

24 SEC. 3144. WYOMING VALLEY, PENNSYLVANIA. 25 In carrying out the project for flood control, Wyo- 26 ming Valley, Pennsylvania, authorized by section 401(a)

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5 SEC. 3145. NARRAGANSETT BAY, RHODE ISLAND. 6 The Secretary may use amounts in the Environ- 7 mental Restoration Account, Formerly Used Defense 8 Sites, under section 2703(a)(5) of title 10, United States 9 Code, for the removal of abandoned marine camels at any 10 formerly used defense site under the jurisdiction of the 11 Department of Defense that is undergoing (or is scheduled 12 to undergo) environmental remediation under chapter 160 13 of title 10, United States Code (and other provisions of 14 law), in Narragansett Bay, Rhode Island, in accordance 15 with the Corps of Engineers prioritization process under 16 the Formerly Used Defense Sites program.

17 SEC. 3146. MISSOURI RIVER RESTORATION, SOUTH DA-

18 KOTA.

19 (a) MEMBERSHIP.—Section 904(b)(1)(B) of the 20 Water Resources Development Act of 2000 (114 Stat. 21 2708) is amended— 22 (1) in clause (vii) by striking ‘‘and’’ at the end; 23 (2) by redesignating clause (viii) as clause (ix); 24 and 25 (3) by inserting after clause (vii) the following:

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2 (b) REAUTHORIZATION.—Section 907(a) of such Act 3 (114 Stat. 2712) is amended in the first sentence by strik- 4 ing ‘‘2005’’ and inserting ‘‘2010’’.

5 SEC. 3147. CEDAR BAYOU, TEXAS.

6 (a) CREDIT FOR PLANNING AND DESIGN.—The 7 project for navigation, Cedar Bayou, Texas, reauthorized 8 by section 349(a)(2) of the Water Resources Development 9 Act of 2000 (114 Stat. 2632), is modified to direct the 10 Secretary to credit, in accordance with section 221 of the 11 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward 12 the non-Federal share of the cost of the project the cost 13 of planning and design work carried out by the non-Fed- 14 eral interest for the project before the date of the partner- 15 ship agreement for the project.

16 (b) COST SHARING.—Cost sharing for construction 17 and operation and maintenance of the project shall be de- 18 termined in accordance with section 101 of the Water Re- 19 sources Development Act of 1986 (33 U.S.C. 2211).

20 (c) PROJECT FOR NAVIGATION.—Section 349(a)(2) 21 of the Water Resources Development Act of 2000 (114 22 Stat. 2632) is amended by striking ‘‘12 feet deep by 125 23 feet wide’’ and inserting ‘‘that is 10 feet deep by 100 feet 24 wide’’.

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2 (a) IN GENERAL.—The project for navigation, Free- 3 port Harbor, Texas, authorized by section 101 of the River 4 and Harbor Act of 1970 (84 Stat. 1818), is modified to 5 provide that— 6 (1) all project costs incurred as a result of the 7 discovery of the sunken vessel COMSTOCK of the 8 Corps of Engineers are a Federal responsibility; and 9 (2) the Secretary shall not seek further obliga- 10 tion or responsibility for removal of the vessel COM- 11 STOCK, or costs associated with a delay due to the 12 discovery of the sunken vessel COMSTOCK, from 13 the Port of Freeport.

14 (b) COST SHARING.—This section does not affect the 15 authorized cost sharing for the balance of the project de- 16 scribed in subsection (a).

17 SEC. 3149. LAKE KEMP, TEXAS.

18 (a) IN GENERAL.—The Secretary may not take any 19 legal or administrative action seeking to remove a Lake 20 Kemp improvement before the earlier of January 1, 2020, 21 or the date of any transfer of ownership of the improve- 22 ment occurring after the date of enactment of this Act.

23 (b) LIMITATION ON LIABILITY.—The United States, 24 or any of its officers, agents, or assignees, shall not be 25 liable for any injury, loss, or damage accruing to the own- 26 ers of a Lake Kemp improvement, their lessees, or occu-

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6 (c) LAKE KEMP IMPROVEMENT DEFINED.—In this 7 section, the term ‘‘Lake Kemp improvement’’ means an 8 improvement (including dwellings) located within the flow- 9 age easement of Lake Kemp, Texas, below elevation 1159 10 feet mean sea level.

11 SEC. 3150. LOWER RIO GRANDE BASIN, TEXAS. 12 The project for flood control, Lower Rio Grande 13 Basin, Texas, authorized by section 401(a) of the Water 14 Resources Development Act of 1986 (100 Stat. 4125), is 15 modified— 16 (1) to include as part of the project flood pro- 17 tection works to reroute drainage to Raymondville 18 Drain constructed by the non-Federal interests in 19 Hidalgo County in the vicinity of Edinburg, Texas, 20 if the Secretary determines that such work is fea- 21 sible; 22 (2) to direct the Secretary to credit, in accord- 23 ance with section 221 of the Flood Control Act of 24 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 25 share of the cost of the project the cost of planning,

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11 SEC. 3151. NORTH PADRE ISLAND, CORPUS CHRISTI BAY,

12 TEXAS. 13 The project for ecosystem restoration and storm dam- 14 age reduction, North Padre Island, Corpus Christi Bay, 15 Texas, authorized by section 556 of the Water Resources 16 Development Act of 1999 (113 Stat. 353), is modified to 17 include recreation as a project purpose.

18 SEC. 3152. PAT MAYSE LAKE, TEXAS. 19 The Secretary is directed to accept from the city of 20 Paris, Texas, $3,461,432 as payment in full of monies 21 owed to the United States for water supply storage space 22 in Pat Mayse Lake, Texas, under contract number DA– 23 34–066–CIVENG–65–1272, including accrued interest.

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7 SEC. 3154. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS. 8 The project for flood control, San Antonio Channel, 9 Texas, authorized by section 203 of the Flood Control Act 10 of 1954 (68 Stat. 1259) as part of the comprehensive plan 11 for flood protection on the Guadalupe and San Antonio 12 Rivers in Texas and modified by section 103 of the Water 13 Resources Development Act of 1976 (90 Stat. 2921) and 14 section 335 of the Water Resources Development Act of 15 2000 (114 Stat. 2611), is modified to authorize the Sec- 16 retary to credit, in accordance with section 221 of the 17 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), toward 18 the non-Federal share of the cost of the project the cost 19 of design and construction work carried out by the non- 20 Federal interest for the project.

21 SEC. 3155. CONNECTICUT RIVER RESTORATION, VERMONT. 22 Notwithstanding section 221 of the Flood Control 23 Act of 1970 (42 U.S.C. 1962d–5b), as in effect on August 24 5, 2005, with respect to the study entitled ‘‘Connecticut 25 River Restoration Authority’’, dated May 23, 2001, a non- 26 profit entity may act as the non-Federal interest for pur-

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4 SEC. 3156. DAM REMEDIATION, VERMONT. 5 Section 543 of the Water Resources Development Act 6 of 2000 (114 Stat. 2673) is amended— 7 (1) in subsection (a)(2) by striking ‘‘and’’ at 8 the end; 9 (2) in subsection (a)(3) by striking the period 10 at the end and inserting ‘‘; and’’; 11 (3) by adding at the end of subsection (a) the 12 following: 13 ‘‘(4) may carry out measures to restore, pro- 14 tect, and preserve an ecosystem affected by a dam 15 described in subsection (b).’’; and 16 (4) by adding at the end of subsection (b) the 17 following: 18 ‘‘(11) Camp Wapanacki, Hardwick. 19 ‘‘(12) Star Lake Dam, Mt. Holly. 20 ‘‘(13) Curtis Pond, Calais. 21 ‘‘(14) Weathersfield Reservoir, Springfield. 22 ‘‘(15) Burr Pond, Sudbury. 23 ‘‘(16) Maidstone Lake, Guildhall. 24 ‘‘(17) Upper and Lower Hurricane Dam. 25 ‘‘(18) Lake Fairlee.

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3 SEC. 3157. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER

4 CHESTNUT, AND OTHER NONNATIVE PLANT

5 CONTROL, VERMONT. 6 Under authority of section 104 of the River and Har- 7 bor Act of 1958 (33 U.S.C. 610), the Secretary may revise 8 the existing General Design Memorandum to permit the 9 use of chemical means of control, when appropriate, of 10 Eurasian milfoil, water chestnuts, and other nonnative 11 plants in the Lake Champlain basin, Vermont.

12 SEC. 3158. UPPER CONNECTICUT RIVER BASIN WETLAND

13 RESTORATION, VERMONT AND NEW HAMP-

14 SHIRE.

15 (a) IN GENERAL.—The Secretary, in cooperation 16 with the States of Vermont and New Hampshire, shall 17 carry out a study and develop a strategy for the use of 18 wetland restoration, soil and water conservation practices, 19 and nonstructural measures to reduce flood damage, im- 20 prove water quality, and create wildlife habitat in the 21 Upper Connecticut River watershed.

22 (b) COOPERATIVE AGREEMENTS.—In conducting the 23 study and developing the strategy under this section, the 24 Secretary may enter into one or more cooperative agree- 25 ments to provide technical assistance to appropriate Fed-

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6 (c) IMPLEMENTATION.—The Secretary shall carry 7 out development and implementation of the strategy under 8 this section in cooperation with local landowners and local 9 government officials.

10 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 11 authorized to be appropriated to carry out this section 12 $5,000,000, to remain available until expended.

13 SEC. 3159. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM

14 RESTORATION, VERMONT AND NEW HAMP-

15 SHIRE.

16 (a) GENERAL MANAGEMENT PLAN DEVELOP-

17 MENT.—

18 (1) IN GENERAL.—The Secretary, in coopera- 19 tion with the Secretary of Agriculture and in con- 20 sultation with the States of Vermont and New 21 Hampshire and the Connecticut River Joint Com- 22 mission, shall conduct a study and develop a general 23 management plan for ecosystem restoration of the 24 Upper Connecticut River ecosystem for the purposes 25 of—

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9 (2) EXISTING PLANS.—In developing the gen- 10 eral management plan, the Secretary shall depend 11 heavily on existing plans for the restoration of the 12 Upper Connecticut River.

13 (b) CRITICAL RESTORATION PROJECTS.—

14 (1) IN GENERAL.—The Secretary may partici- 15 pate in any critical restoration project in the Upper 16 Connecticut River basin in accordance with the gen- 17 eral management plan developed under subsection 18 (a).

19 (2) ELIGIBLE PROJECTS.—A critical restoration 20 project shall be eligible for assistance under this sec- 21 tion if the project— 22 (A) meets the purposes described in the 23 general management plan developed under sub- 24 section (a); and

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24 (c) COOPERATIVE AGREEMENTS.—In carrying out 25 this section, the Secretary may enter into one or more co-

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6 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 7 authorized to be appropriated to carry out this section 8 $20,000,000. Such sums shall remain available until ex- 9 pended.

10 SEC. 3160. LAKE CHAMPLAIN WATERSHED, VERMONT AND

11 NEW YORK. 12 Section 542 of the Water Resources Development Act 13 of 2000 (114 Stat. 2671) is amended— 14 (1) in subsection (b)(2)— 15 (A) by striking ‘‘or’’ at the end of subpara- 16 graph (D); 17 (B) by redesignating subparagraph (E) as 18 subparagraph (G); and 19 (C) by inserting after subparagraph (D) 20 the following: 21 ‘‘(E) river corridor assessment, protection, 22 management, and restoration for the purposes 23 of ecosystem restoration; 24 ‘‘(F) geographic mapping conducted by the 25 Secretary using existing technical capacity to

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6 ‘‘(i) IN GENERAL.—The non-Federal’’; 7 and 8 (B) by adding at the end the following:

9 ‘‘(ii) APPROVAL OF DISTRICT ENGI-

10 NEER.—Approval of credit for design work 11 of less than $100,000 shall be determined 12 by the appropriate district engineer.’’; 13 (3) in subsection (e)(2)(C) by striking ‘‘up to 14 50 percent of’’; and 15 (4) in subsection (g) by striking ‘‘$20,000,000’’ 16 and inserting ‘‘$32,000,000’’.

17 SEC. 3161. SANDBRIDGE BEACH, VIRGINIA BEACH, VIR-

18 GINIA. 19 The project for beach erosion control and hurricane 20 protection, Sandbridge Beach, Virginia Beach, Virginia, 21 authorized by section 101(22) of the Water Resources De- 22 velopment Act of 1992 (106 Stat. 4804) and modified by 23 section 338 of the Water Resources Development Act of 24 2000 (114 Stat. 2612), is modified to authorize the Sec- 25 retary to review the project to determine whether any ad-

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5 SEC. 3162. TANGIER ISLAND SEAWALL, VIRGINIA. 6 Section 577(a) of the Water Resources Development 7 Act of 1996 (110 Stat. 3789) is amended by striking ‘‘at 8 a total cost of $1,200,000, with an estimated Federal cost 9 of $900,000 and an estimated non-Federal cost of 10 $300,000.’’ and inserting ‘‘at a total cost of $3,600,000.’’.

11 SEC. 3163. DUWAMISH/GREEN, WASHINGTON. 12 The project for ecosystem restoration, Duwamish/ 13 Green, Washington, authorized by section 101(b)(26) of 14 the Water Resources Development Act of 2000 (114 Stat. 15 2579), is modified— 16 (1) to direct the Secretary to credit, in accord- 17 ance with section 221 of the Flood Control Act of 18 1970 (42 U.S.C. 1962d–5b), toward the non-Federal 19 share of the cost of the project the cost of work car- 20 ried out by the non-Federal interest for the project 21 before the date of the partnership agreement for the 22 project; and 23 (2) to authorize the non-Federal interest to pro- 24 vide any portion of the non-Federal share of the cost

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3 SEC. 3164. MCNARY LOCK AND DAM, MCNARY NATIONAL

4 WILDLIFE REFUGE, WASHINGTON AND

5 IDAHO.

6 (a) TRANSFER OF ADMINISTRATIVE JURISDIC-

7 TION.—Administrative jurisdiction over the land acquired 8 for the McNary Lock and Dam project and managed by 9 the United States Fish and Wildlife Service under cooper- 10 ative agreement number DACW68–4–00–13 with the 11 Corps of Engineers, Walla Walla District, is transferred 12 from the Secretary to the Secretary of the Interior.

13 (b) EASEMENTS.—The transfer of administrative ju- 14 risdiction under paragraph (1) shall be subject to ease- 15 ments in existence as of the date of enactment of this Act 16 on land subject to the transfer.

17 (c) RIGHTS OF SECRETARY.—

18 (1) IN GENERAL.—Except as provided in sub- 19 paragraph (C), the Secretary shall retain rights de- 20 scribed in subparagraph (B) with respect to the land 21 for which administrative jurisdiction is transferred 22 under paragraph (1).

23 (2) RIGHTS.—The rights of the Secretary re- 24 ferred to in paragraph (1) are the rights—

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24 (3) COORDINATION.—Before exercising a right 25 described in any of subparagraphs (C) through (F)

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4 (d) MANAGEMENT.—

5 (1) IN GENERAL.—The land described in sub- 6 section (a) shall be managed by the Secretary of the 7 Interior as part of the McNary National Wildlife 8 Refuge.

9 (2) CUMMINS PROPERTY.—

10 (A) RETENTION OF CREDITS.—Habitat 11 unit credits described in the memorandum enti- 12 tled ‘‘Design Memorandum No. 6, LOWER 13 SNAKE RIVER FISH AND WILDLIFE 14 COMPENSATION PLAN, Wildlife Compensa- 15 tion and Fishing Access Site Selection, Letter 16 Supplement No. 15, SITE DEVELOPMENT 17 PLAN FOR THE WALLULA HMU’’ provided 18 for the Lower Snake River Fish and Wildlife 19 Compensation Plan through development of the 20 parcel of land formerly known as the ‘‘Cummins 21 property’’ shall be retained by the Secretary de- 22 spite any changes in management of the parcel 23 on or after the date of enactment of this Act.

24 (B) SITE DEVELOPMENT PLAN.—The Di- 25 rector shall obtain prior approval of the Wash-

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5 (3) MADAME DORIAN RECREATION AREA.—The 6 Director shall continue operation of the Madame Do- 7 rian Recreation Area for public use and boater ac- 8 cess.

9 (e) ADMINISTRATIVE COSTS.—The Director shall be 10 responsible for all survey, environmental compliance, and 11 other administrative costs required to implement the 12 transfer of administrative jurisdiction under subsection 13 (a).

14 SEC. 3165. SNAKE RIVER PROJECT, WASHINGTON AND

15 IDAHO.

16 (a) IN GENERAL.—The fish and wildlife compensa- 17 tion plan for the Lower Snake River, Washington and 18 Idaho, as authorized by section 102 of the Water Re- 19 sources Development Act of 1976 (90 Stat. 2921), is 20 amended to authorize the Secretary to conduct studies and 21 implement aquatic and riparian ecosystem restorations 22 and improvements specifically for fisheries and wildlife.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 24 authorized to be appropriated $5,000,000 to carry out this 25 section.

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2 INGTON. 3 The project for aquatic ecosystem restoration, Yak- 4 ima River, Port of Sunnyside, Washington, being carried 5 out under section 206 of the Water Resources Develop- 6 ment Act of 1996 (33 U.S.C. 2330), is modified to direct 7 the Secretary to credit, in accordance with section 221 of 8 the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), to- 9 ward the non-Federal share of the cost of the project the 10 cost of work carried out by the non-Federal interest for 11 the project before the date of the partnership agreement 12 for the project.

13 SEC. 3167. BLUESTONE LAKE, OHIO RIVER BASIN, WEST

14 VIRGINIA. 15 Section 102(ff) of the Water Resources Development 16 Act of 1992 (106 Stat. 4810, 110 Stat. 3726, 113 Stat. 17 312) is amended to read as follows:

18 ‘‘(ff) BLUESTONE LAKE, OHIO RIVER BASIN, WEST

19 VIRGINIA.—

20 ‘‘(1) IN GENERAL.—The project for flood con- 21 trol, Bluestone Lake, Ohio River Basin, West Vir- 22 ginia, authorized by section 4 of the Flood Control 23 Act of 1938 (52 Stat. 1217) is modified to direct the 24 Secretary to implement Plan C/G, as defined in the 25 Evaluation Report of the District Engineer dated 26 December 1996, to prohibit the release of drift and

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13 ‘‘(2) COOPERATIVE AGREEMENT.—In carrying 14 out the downstream cleanup under the plan referred 15 to in paragraph (1), the Secretary may enter into a 16 cooperative agreement with the West Virginia de- 17 partment of environmental protection for the depart- 18 ment to carry out the cleanup, including contracting 19 and procurement services, contract administration 20 and management, transportation and disposal of col- 21 lected materials, and disposal fees.

22 ‘‘(3) INITIAL CLEANUP.—The Secretary may 23 provide the West Virginia department of environ- 24 mental protection up to $150,000 from funds pre- 25 viously appropriated for this purpose for the Federal

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3 SEC. 3168. GREENBRIER RIVER BASIN, WEST VIRGINIA. 4 Section 579(c) of the Water Resources Development 5 Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended 6 by striking ‘‘$47,000,000’’ and inserting ‘‘$99,000,000’’.

7 SEC. 3169. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA. 8 Section 30(d) of the Water Resources Development 9 Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended 10 to read as follows:

11 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall 12 ensure the preservation and restoration of the structure 13 known as the ‘Jenkins House’ and the reconstruction of 14 associated buildings and landscape features of such struc- 15 ture located within the Lesage/Greenbottom Swamp in ac- 16 cordance with the standards of the Department of the In- 17 terior for the treatment of historic properties. Amounts 18 made available for expenditure for the project authorized 19 by section 301(a) of the Water Resources Development 20 Act of 1986 (100 Stat. 4110) shall be available for the 21 purposes of this subsection.’’.

22 SEC. 3170. LOWER MUD RIVER, MILTON, WEST VIRGINIA. 23 The project for flood control at Milton, West Virginia, 24 authorized by section 580 of the Water Resources Devel- 25 opment Act of 1996 (110 Stat. 3790) and modified by

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8 SEC. 3171. MCDOWELL COUNTY, WEST VIRGINIA. 9 The McDowell County nonstructural component of 10 the project for flood control, Levisa and Tug Fork of the 11 Big Sandy and Cumberland Rivers, West Virginia, Vir- 12 ginia, and Kentucky, authorized by section 202(a) of the 13 Energy and Water Development Appropriation Act, 1981 14 (94 Stat. 1339), is modified to direct the Secretary to take 15 measures to provide protection, throughout McDowell 16 County, West Virginia, from the reoccurrence of the great- 17 er of— 18 (1) the April 1977 flood; 19 (2) the July 2001 flood; 20 (3) the May 2002 flood; or 21 (4) the 100-year frequency event.

22 SEC. 3172. PARKERSBURG, WEST VIRGINIA. 23 The Secretary is authorized to carry out the eco- 24 system restoration, recreation, and flood control compo- 25 nents of the report of the Corps of Engineers, entitled

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7 SEC. 3173. GREEN BAY HARBOR, GREEN BAY, WISCONSIN. 8 The portion of the inner harbor of the Federal navi- 9 gation channel of the Green Bay Harbor project, author- 10 ized by the first section of the Act entitled ‘‘An Act mak- 11 ing appropriations for the construction, repair, and preser- 12 vation of certain public works on rivers and harbors, and 13 for other purposes’’, approved July 5, 1884 (23 Stat. 14 136), from Station 190+00 to Station 378+00 is author- 15 ized to a width of 75 feet and a depth of 6 feet.

16 SEC. 3174. MANITOWOC HARBOR, WISCONSIN. 17 The project for navigation, Manitowoc Harbor, Wis- 18 consin, authorized by the River and Harbor Act of August 19 30, 1852 (10 Stat. 58), is modified to direct the Secretary 20 to deepen the upstream reach of the navigation channel 21 from 12 feet to 18 feet, at a total cost of $405,000.

22 SEC. 3175. MISSISSIPPI RIVER HEADWATERS RESERVOIRS. 23 Section 21 of the Water Resources Development Act 24 of 1988 (102 Stat. 4027) is amended— 25 (1) in subsection (a)—

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9 ‘‘(b) EXCEPTION.—The Secretary may operate the 10 headwaters reservoirs below the minimum or above the 11 maximum water levels established in subsection (a) in ac- 12 cordance with water control regulation manuals (or revi- 13 sions thereto) developed by the Secretary, after consulta- 14 tion with the Governor of Minnesota and affected tribal 15 governments, landowners, and commercial and rec- 16 reational users. The water control regulation manuals 17 (and any revisions thereto) shall be effective when the Sec- 18 retary transmits them to Congress. The Secretary shall 19 report to Congress at least 14 days before operating any 20 such headwaters reservoir below the minimum or above 21 the maximum water level limits specified in subsection (a); 22 except that notification is not required for operations nec- 23 essary to prevent the loss of life or to ensure the safety 24 of the dam or if the drawdown of lake levels is in anticipa- 25 tion of flood control operations.’’.

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2 (a) USE OF FUNDS.—Notwithstanding the Energy 3 and Water Development Appropriations Act, 2006 (Public 4 Law 109–103), funds made available for recovery or miti- 5 gation activities in the lower basin of the Missouri River 6 may be used for recovery or mitigation activities in the 7 upper basin of the Missouri River, including the States 8 of Montana, Nebraska, North Dakota, and South Dakota.

9 (b) CONFORMING AMENDMENT.—The matter under

10 the heading ‘‘MISSOURI RIVER MITIGATION, MISSOURI,

11 KANSAS, IOWA, AND NEBRASKA’’ of section 601(a) of the 12 Water Resources Development Act of 1986 (100 Stat. 13 4143), as modified by section 334 of the Water Resources 14 Development Act of 1999 (113 Stat. 306), is amended by 15 adding at the end the following: ‘‘The Secretary may carry 16 out any recovery or mitigation activities in the upper basin 17 of the Missouri River, including the States of Montana, 18 Nebraska, North Dakota, and South Dakota, using funds 19 made available under this paragraph in accordance with 20 the Endangered Species Act of 1973 (16 U.S.C. 1531 et 21 seq.) and consistent with the project purposes of the Mis- 22 souri River Mainstem System as authorized by section 10 23 of the Flood Control Act of December 22, 1944 (58 Stat. 24 897).’’.

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2 MENTAL MANAGEMENT PROGRAM. 3 Section 1103(e)(1)(A)(ii) of the Water Resources De- 4 velopment Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)) is 5 amended by inserting before the period at the end the fol- 6 lowing: ‘‘, including research on water quality issues af- 7 fecting the Mississippi River (including elevated nutrient 8 levels) and the development of remediation strategies’’.

9 SEC. 3178. UPPER OHIO RIVER AND TRIBUTARIES NAVIGA-

10 TION SYSTEM NEW TECHNOLOGY PILOT PRO-

11 GRAM.

12 (a) UPPER OHIO RIVER AND TRIBUTARIES NAVIGA-

13 TION SYSTEM DEFINED.—In this section, the term 14 ‘‘Upper Ohio River and Tributaries navigation system’’ 15 means the Allegheny, Kanawha, Monongahela, and Ohio 16 Rivers.

17 (b) ESTABLISHMENT.—

18 (1) IN GENERAL.—The Secretary shall establish 19 a pilot program to evaluate new technologies applica- 20 ble to the Upper Ohio River and Tributaries naviga- 21 tion system.

22 (2) INCLUSIONS.—The program may include 23 the design, construction, or implementation of inno- 24 vative technologies and solutions for the Upper Ohio 25 River and Tributaries navigation system, including 26 projects for—

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5 (3) PURPOSES.—The purposes of the program 6 shall be— 7 (A) to increase the reliability and avail- 8 ability of federally owned and federally operated 9 navigation facilities; 10 (B) to decrease system operational risks; 11 and 12 (C) to improve— 13 (i) vessel traffic management; 14 (ii) access; and 15 (iii) Federal asset management.

16 (c) FEDERAL OWNERSHIP REQUIREMENT.—The Sec- 17 retary may provide assistance for a project under this sec- 18 tion only if the project is federally owned.

19 (d) LOCAL COOPERATION AGREEMENTS.—

20 (1) IN GENERAL.—The Secretary shall enter 21 into local cooperation agreements with non-Federal 22 interests to provide for the design, construction, in- 23 stallation, and operation of the projects to be carried 24 out under the program.

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1 (2) REQUIREMENTS.—Each local cooperation 2 agreement entered into under this subsection shall 3 include the following:

4 (A) PLAN.—Development by the Secretary, 5 in consultation with appropriate Federal and 6 State officials, of a navigation improvement 7 project, including appropriate engineering plans 8 and specifications.

9 (B) LEGAL AND INSTITUTIONAL STRUC-

10 TURES.—Establishment of such legal and insti- 11 tutional structures as are necessary to ensure 12 the effective long-term operation of the project.

13 (3) COST SHARING.—Total project costs under 14 each local cooperation agreement shall be cost- 15 shared in accordance with the formula relating to 16 the applicable original construction project.

17 (4) EXPENDITURES.—

18 (A) IN GENERAL.—Expenditures under the 19 program may include, for establishment at fed- 20 erally owned property, such as locks, dams, and 21 bridges— 22 (i) transmitters; 23 (ii) responders; 24 (iii) hardware; 25 (iv) software; and

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2 (B) EXCLUSIONS.—Transmitters, respond- 3 ers, hardware, software, and wireless networks 4 and other equipment installed on privately 5 owned vessels or equipment shall not be eligible 6 under the program.

7 (e) REPORT.—Not later than December 31, 2008, the 8 Secretary shall submit to Congress a report on the results 9 of the pilot program carried out under this section, to- 10 gether with recommendations concerning whether the pro- 11 gram or any component of the program should be imple- 12 mented on a national basis.

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 14 authorized to be appropriated to carry out this section 15 $3,100,000. Such sums shall remain available until ex- 16 pended.

17 SEC. 3179. CONTINUATION OF PROJECT AUTHORIZATIONS.

18 (a) IN GENERAL.—Notwithstanding section 19 1001(b)(2) of the Water Resources Development Act of 20 1986 (33 U.S.C. 579a(b)(2)), the following projects shall 21 remain authorized to be carried out by the Secretary: 22 (1) The project for navigation, Sacramento 23 Deep Water Ship Channel, California, authorized by 24 section 202(a) of the Water Resources Development 25 Act of 1986 (100 Stat. 4092).

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20 (b) LIMITATION.—A project described in subsection 21 (a) shall not be authorized for construction after the last 22 day of the 5-year period beginning on the date of enact- 23 ment of this Act, unless, during such period, funds have 24 been obligated for the construction (including planning 25 and design) of the project.

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6 (1) MENOMINEE HARBOR AND RIVER, MICHI-

7 GAN AND WISCONSIN.—The project for navigation, 8 Menominee Harbor and River, Michigan and Wis- 9 consin, authorized by section 101 of the River and 10 Harbor Act of 1960 (74 Stat. 482) and deauthorized 11 on April 15, 2002, in accordance with section 12 1001(b)(2) of the Water Resources Development Act 13 of 1986 (33 U.S.C. 579a(b)(2)).

14 (2) HEARDING ISLAND INLET, DULUTH HAR-

15 BOR, MINNESOTA.—The project for dredging, 16 Hearding Island Inlet, Duluth Harbor, Minnesota, 17 authorized by section 22 of the Water Resources De- 18 velopment Act of 1988 (102 Stat. 4027).

19 (3) MANITOWOC HARBOR, WISCONSIN.—That 20 portion of the project for navigation, Manitowoc 21 Harbor, Wisconsin, authorized by the first section of 22 the River and Harbor Act of August 30, 1852 (10 23 Stat. 58), consisting of the channel in the south part 24 of the outer harbor, deauthorized by section 101 of 25 the River and Harbor Act of 1962 (76 Stat. 1176).

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2 (a) IN GENERAL.—The following projects are not au- 3 thorized after the date of enactment of this Act:

4 (1) BRIDGEPORT HARBOR, CONNECTICUT.—The 5 portion of the project for navigation, Bridgeport 6 Harbor, Connecticut, authorized by the first section 7 of the River and Harbor Act of July 3, 1930 (46 8 Stat. 919), consisting of an 18-foot channel in Yel- 9 low Mill River and described as follows: Beginning 10 at a point along the eastern limit of the existing 11 project, N123,649.75, E481,920.54, thence running 12 northwesterly about 52.64 feet to a point 13 N123,683.03, E481,879.75, thence running north- 14 easterly about 1,442.21 feet to a point N125,030.08, 15 E482,394.96, thence running northeasterly about 16 139.52 feet to a point along the eastern limit of the 17 existing channel, N125,133.87, E482,488.19, thence 18 running southwesterly about 1,588.98 feet to the 19 point of origin.

20 (2) MYSTIC RIVER, CONNECTICUT.—The por- 21 tion of the project for navigation, Mystic River, Con- 22 necticut, authorized by the first section of the River 23 and Harbor Appropriations Act of September 19, 24 1890 (26 Stat. 436) consisting of a 12-foot-deep 25 channel, approximately 7,554 square feet in area, 26 starting at a point N193,086.51, E815,092.78,

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16 (3) NORWALK HARBOR, CONNECTICUT.—

17 (A) IN GENERAL.—The portions of a 10- 18 foot channel of the project for navigation, Nor- 19 walk Harbor, Connecticut, authorized by the 20 first section of the Act of March 2, 1919 (40 21 Stat. 1276) and described in subparagraph (B).

22 (B) DESCRIPTION OF PORTIONS.—The 23 portions of the channel referred to in subpara- 24 graph (A) are as follows:

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1 (i) RECTANGULAR PORTION.—An ap- 2 proximately rectangular-shaped section 3 along the northwesterly terminus of the 4 channel. The section is 35-feet wide and 5 about 460-feet long and is further de- 6 scribed as commencing at a point 7 N104,165.85, E417,662.71, thence run- 8 ning south 24 degrees 06 minutes 55 sec- 9 onds east 395.00 feet to a point 10 N103,805.32, E417,824.10, thence run- 11 ning south 00 degrees 38 minutes 06 sec- 12 onds east 87.84 feet to a point 13 N103,717.49, E417,825.07, thence run- 14 ning north 24 degrees 06 minutes 55 sec- 15 onds west 480.00 feet, to a point 16 N104,155.59, E417,628.96, thence run- 17 ning north 73 degrees 05 minutes 25 sec- 18 onds east 35.28 feet to the point of origin.

19 (ii) PARALLELOGRAM-SHAPED POR-

20 TION.—An area having the approximate 21 shape of a parallelogram along the north- 22 easterly portion of the channel, southeast 23 of the area described in clause (i), approxi- 24 mately 20 feet wide and 260 feet long, and 25 further described as commencing at a

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13 (C) EXCLUSION.—Notwithstanding any 14 other provision of this paragraph, the Secretary 15 shall realign the 10-foot channel potion of the 16 project referred to in subparagraph (A) to in- 17 clude, immediately north of the area described 18 in subparagraph (B)(ii), a triangular section 19 described as commencing at a point 20 N103,968.35, E417,815.29, thence running 21 south 17 degrees 05 minutes 15 seconds east 22 118.09 feet to a point N103,855.48, 23 E417,849.99, thence running north 33 degrees 24 07 minutes 30 seconds west 36.76 feet to a 25 point N103,886.27, E417,829.90, thence run-

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3 (4) ROCKLAND HARBOR, MAINE.—The portion 4 of the project for navigation, Rockland Harbor, 5 Maine, authorized by the Act of June 3, 1896 (29 6 Stat. 202), consisting of a 14-foot channel located in 7 Lermond Cove and beginning at a point with coordi- 8 nates N99,977.37, E340,290.02, thence running 9 easterly about 200.00 feet to a point with coordi- 10 nates N99,978.49, E340,490.02, thence running 11 northerly about 138.00 feet to a point with coordi- 12 nates N100,116.49, E340,289.25, thence running 13 westerly about 200.00 feet to a point with coordi- 14 nates N100,115.37, E340,289.25, thence running 15 southerly about 138.00 feet to the point of origin.

16 (5) ROCKPORT HARBOR, MAINE.—

17 (A) IN GENERAL.—The portion of the 18 project for navigation, Rockport Harbor, Maine, 19 authorized by the first section of the Act of Au- 20 gust 11, 1888 (25 Stat. 400), located within 21 the 12-foot anchorage described in subpara- 22 graph (B).

23 (B) DESCRIPTION OF ANCHORAGE.—The 24 anchorage referred to in subparagraph (A) is 25 more particularly described as—

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1 (6) FALMOUTH HARBOR, MASSACHUSETTS.— 2 The portion of the project for navigation, Falmouth 3 Harbor, Massachusetts, authorized by section 101 of 4 the River and Harbor Act of 1948 (62 Stat. 1172), 5 beginning at a point along the eastern side of the 6 inner harbor N200,415.05, E845,307.98, thence 7 running north 25 degrees 48 minutes 54.3 seconds 8 east 160.24 feet to a point N200,559.20, 9 E845,377.76, thence running north 22 degrees 7 10 minutes 52.4 seconds east 596.82 feet to a point 11 N201,112.15, E845,602.60, thence running north 12 60 degrees 1 minute 0.3 seconds east 83.18 feet to 13 a point N201,153.72, E845,674.65, thence running 14 south 24 degrees 56 minutes 43.4 seconds west 15 665.01 feet to a point N200,550.75, E845,394.18, 16 thence running south 32 degrees 25 minutes 29.0 17 seconds west 160.76 feet to the point of origin.

18 (7) ISLAND END RIVER, MASSACHUSETTS.—The 19 portion of the project for navigation, Island End 20 River, Massachusetts, carried out under section 107 21 of the River and Harbor Act of 1960 (33 U.S.C. 22 577), described as follows: Beginning at a point 23 along the eastern limit of the existing project, 24 N507,348.98, E721,180.01, thence running north- 25 east about 35 feet to a point N507,384.17,

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11 (8) CITY WATERWAY, TACOMA, WASHINGTON.— 12 The portion of the project for navigation, City Wa- 13 terway, Tacoma, Washington, authorized by the first 14 section of the River and Harbor Appropriations Act 15 of June 13, 1902 (32 Stat. 347), consisting of the 16 last 1,000 linear feet of the inner portion of the wa- 17 terway beginning at station 70+00 and ending at 18 station 80+00.

19 (9) AUNT LYDIA’S COVE, MASSACHUSETTS.—

20 (A) IN GENERAL.—The portion of the 21 project for navigation, Aunt Lydia’s Cove, Mas- 22 sachusetts, constructed under section 107 of 23 the River and Harbor Act of 1960 (33 U.S.C. 24 577), consisting of the 8-foot deep anchorage in 25 the cove described in subparagraph (B).

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1 (B) DESCRIPTION OF PORTION.—The por- 2 tion of the project described in subparagraph 3 (A) is more particularly described as the por- 4 tion beginning at a point along the southern 5 limit of the existing project, N254,332.00, 6 E1,023,103.96, thence running northwesterly 7 about 761.60 feet to a point along the western 8 limit of the existing project N255,076.84, 9 E1,022,945.07, thence running southwesterly 10 about 38.11 feet to a point N255,038.99, 11 E1,022,940.60, thence running southeasterly 12 about 267.07 feet to a point N254,772.00, 13 E1,022,947.00, thence running southeasterly 14 about 462.41 feet to a point N254,320.06, 15 E1,023,044.84, thence running northeasterly 16 about 60.31 feet to the point of origin.

17 (10) WHATCOM CREEK WATERWAY, BEL-

18 LINGHAM, WASHINGTON.—The portion of the project 19 for navigation, Whatcom Creek Waterway, Bel- 20 lingham, Washington, authorized by the River and 21 Harbor Act of June 25, 1910 (36 Stat. 664), and 22 section 101 of the River and Harbor Act of 1958 23 (72 Stat. 299), consisting of the last 2,900 linear 24 feet of the inner portion of the waterway and begin- 25 ning at station 29+00 to station 0+00.

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1 (11) OCONTO HARBOR, WISCONSIN.—

2 (A) IN GENERAL.—The portion of the 3 project for navigation, Oconto Harbor, Wis- 4 consin, authorized by the Act of August 2, 1882 5 (22 Stat. 196), and the Act of June 25, 1910 6 (36 Stat. 664) (commonly known as the ‘‘River 7 and Harbor Act of 1910’’), consisting of a 15- 8 foot-deep turning basin in the Oconto River, as 9 described in subparagraph (B).

10 (B) PROJECT DESCRIPTION.—The project 11 referred to in subparagraph (B) is more par- 12 ticularly described as— 13 (i) beginning at a point along the 14 western limit of the existing project, 15 N394,086.71, E2,530,202.71; 16 (ii) thence northeasterly about 619.93 17 feet to a point N394,459.10, 18 E2,530,698.33; 19 (iii) thence southeasterly about 20 186.06 feet to a point N394,299.20, 21 E2,530,793.47; 22 (iv) thence southwesterly about 23 355.07 feet to a point N393,967.13, 24 E2,530,667.76;

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6 (b) ANCHORAGE AREA, NEW LONDON HARBOR,

7 CONNECTICUT.—The portion of the project for navigation, 8 New London Harbor, Connecticut, authorized by the River 9 and Harbor Appropriations Act of June 13, 1902 (32 10 Stat. 333), that consists of a 23-foot waterfront channel 11 and that is further described as beginning at a point along 12 the western limit of the existing project, N188, 802.75, 13 E779, 462.81, thence running northeasterly about 14 1,373.88 feet to a point N189, 554.87, E780, 612.53, 15 thence running southeasterly about 439.54 feet to a point 16 N189, 319.88, E780, 983.98, thence running southwest- 17 erly about 831.58 feet to a point N188, 864.63, E780, 18 288.08, thence running southeasterly about 567.39 feet 19 to a point N188, 301.88, E780, 360.49, thence running 20 northwesterly about 1,027.96 feet to the point of origin, 21 is redesignated as an anchorage area.

22 (c) SOUTHPORT HARBOR, FAIRFIELD, CON-

23 NECTICUT.—The project for navigation, Southport Har- 24 bor, Fairfield, Connecticut, authorized by section 2 of the 25 River and Harbor Act of March 2, 1829, and by the first

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9 (d) SACO RIVER, MAINE.—The portion of the project 10 for navigation, Saco River, Maine, constructed under sec- 11 tion 107 of the River and Harbor Act of 1960 (33 U.S.C. 12 577) and described as a 6-foot deep, 10-acre maneuvering 13 basin located at the head of navigation, is redesignated 14 as an anchorage area.

15 (e) UNION RIVER, MAINE.—The project for naviga- 16 tion, Union River, Maine, authorized by the first section 17 of the Act of June 3, 1896 (29 Stat. 215), is modified 18 by redesignating as an anchorage area that portion of the 19 project consisting of a 6-foot turning basin and lying 20 northerly of a line commencing at a point N315,975.13, 21 E1,004,424.86, thence running north 61 degrees 27 min- 22 utes 20.71 seconds west about 132.34 feet to a point 23 N316,038.37, E1,004,308.61.

24 (f) MYSTIC RIVER, MASSACHUSETTS.—The portion 25 of the project for navigation, Mystic River, Massachusetts,

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24 (g) RIVERCENTER, PHILADELPHIA, PENNSYL-

25 VANIA.—Section 38(c) of the Water Resources Develop-

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6 (h) ADDITIONAL DEAUTHORIZATIONS.—The fol- 7 lowing projects are not authorized after the date of enact- 8 ment of this Act, except with respect to any portion of 9 such a project which portion has been completed before 10 such date or is under construction on such date: 11 (1) The project for flood protection on 12 Atascadero Creek and its tributaries of Goleta, Cali- 13 fornia, authorized by section 201 of the Flood Con- 14 trol Act of 1970 (84 Stat. 1826). 15 (2) The project for the construction of bridge 16 fenders for the Summit and St. Georges Bridge for 17 the Inland Waterway of the Delaware River to the 18 C & D Canal of the Chesapeake Bay, Delaware and 19 Maryland, authorized by the River and Harbor Act 20 of 1954 (68 Stat. 1249). 21 (3) The project for flood control, central and 22 southern Florida, Shingle Creek basin, Florida, au- 23 thorized by section 203 of the Flood Control Act of 24 1962 (76 Stat. 1182).

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f:\V10\073007\073007.537.xml (385505|8) July 30, 2007 (8:25 p.m.) VerDate 0ct 09 2002 20:25 Jul 30, 2007 Jkt 000000 PO 00000 Frm 00312 Fmt 6652 Sfmt 6201 C:\TEMP\WRDA07~1.XML HOLCPC F:\HDM\WRDA07_001.XML H.L.C. 313 1 (10) The project for flood control, western Ken- 2 tucky tributaries, Kentucky, authorized by section 3 204 of the Flood Control Act of 1965 (79 Stat. 4 1076) and modified by section 210 of the Flood 5 Control Act of 1970 (84 Stat. 1829). 6 (11) The project for flood damage reduction, 7 Tensas-Cocodrie area, Louisiana, authorized by sec- 8 tion 3 of the Flood Control Act of August 18, 1941 9 (55 Stat. 643). 10 (12) The uncompleted portions of the project 11 for navigation improvement for Bayou LaFourche 12 and LaFourche Jump, Louisiana, authorized by the 13 Act of August 30, 1935 (49 Stat. 1033), and the 14 River and Harbor Act of 1960 (74 Stat. 481). 15 (13) The project for flood control, Eastern 16 Rapides and South-Central Avoyelles Parishes, Lou- 17 isiana, authorized by section 201 of the Flood Con- 18 trol Act of 1970 (84 Stat. 1825). 19 (14) The project for erosion protection and 20 recreation, Fort Livingston, Grande Terre Island, 21 Louisiana, authorized by the Act of August 13, 1946 22 (33 U.S.C. 426e et seq). 23 (15) The project for navigation, Northeast Har- 24 bor, Maine, authorized by section 2 of the Act of 25 March 2, 1945 (59 Stat. 12).

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11 SEC. 3182. LAND CONVEYANCES.

12 (a) ST. FRANCIS BASIN, ARKANSAS AND MIS-

13 SOURI.—

14 (1) IN GENERAL.—The Secretary shall convey 15 to the State of Arkansas, without monetary consid- 16 eration and subject to paragraph (2), all right, title, 17 and interest in and to real property within the State 18 acquired by the Federal Government as mitigation 19 land for the project for flood control, St. Francis 20 Basin, Arkansas and Missouri Project, authorized by 21 the Flood Control Act of May 15, 1928 (33 U.S.C. 22 702a et seq.).

23 (2) TERMS AND CONDITIONS.—

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1 (A) IN GENERAL.—The conveyance by the 2 United States under this subsection shall be 3 subject to— 4 (i) the condition that the State of Ar- 5 kansas agree to operate, maintain, and 6 manage the real property for fish and wild- 7 life, recreation, and environmental pur- 8 poses at no cost or expense to the United 9 States; and 10 (ii) such other terms and conditions 11 as the Secretary determines to be in the 12 interest of the United States.

13 (B) REVERSION.—If the Secretary deter- 14 mines that the real property conveyed under 15 paragraph (1) ceases to be held in public own- 16 ership or the State ceases to operate, maintain, 17 and manage the real property in accordance 18 with this subsection, all right, title, and interest 19 in and to the property shall revert to the United 20 States, at the option of the Secretary.

21 (3) MITIGATION.—Nothing in this subsection 22 extinguishes the responsibility of the Federal Gov- 23 ernment or the non-Federal interest for the project 24 referred to in paragraph (1) from the obligation to 25 implement mitigation for such project that existed

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3 (b) OAKLAND INNER HARBOR TIDAL CANAL, CALI-

4 FORNIA.—

5 (1) IN GENERAL.—The Secretary may convey, 6 by separate quitclaim deeds, as soon as the convey- 7 ance of each individual portion is practicable, the 8 title of the United States in and to all or portions 9 of the approximately 86 acres of upland, tideland, 10 and submerged land, commonly referred to as the 11 ‘‘Oakland Inner Harbor Tidal Canal’’, California 12 (referred to in this section as the ‘‘Canal Property’’), 13 as follows: 14 (A) To the city of Oakland, without consid- 15 eration, the title of the United States in and to 16 all or portions of that part of the Canal Prop- 17 erty that are located within the boundaries of 18 the City of Oakland. 19 (B) To the city of Alameda, or to a public 20 entity created by or designated by the city of 21 Alameda that is eligible to hold title to real 22 property, without consideration, the title of the 23 United States in and to all or portions of that 24 part of the Canal Property that are located 25 within the boundaries of the city of Alameda.

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10 (2) REQUIREMENT.—The Secretary may re- 11 serve and retain from any conveyance under this 12 subsection a right-of-way or other rights as the Sec- 13 retary determines to be necessary for the operation 14 and maintenance of the authorized Federal channel 15 in the Canal Property.

16 (3) ANNUAL REPORTS.—Until the date on 17 which each conveyance described in paragraph (1) is 18 complete, the Secretary shall submit, by not later 19 than November 30 of each year, to the Committee 20 on Environment and Public Works of the Senate 21 and Committee on Transportation and Infrastruc- 22 ture of the House of Representatives an annual re- 23 port that describes the efforts of the Secretary to 24 complete that conveyance during the preceding fiscal 25 year.

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1 (4) FORM.—A conveyance made under this sub- 2 section may be, in whole or in part, in the form of 3 an easement.

4 (5) RIGHT OF FIRST REFUSAL.—For any prop- 5 erty on which an easement is granted under this 6 subsection, should the Secretary seek to dispose of 7 the property, the holder of the easement shall have 8 the right of first refusal to the property without cost 9 or consideration.

10 (6) REPEAL.—Section 205 of the Water Re- 11 sources Development Act of 1990 (104 Stat. 4633; 12 110 Stat. 3748) is repealed.

13 (c) MILFORD, KANSAS.—

14 (1) IN GENERAL.—The Secretary shall convey 15 by quitclaim deed without consideration to the Geary 16 County Fire Department, Milford, Kansas, all right, 17 title, and interest of the United States in and to real 18 property consisting of approximately 7.4 acres lo- 19 cated in Geary County, Kansas, for construction, op- 20 eration, and maintenance of a fire station.

21 (2) REVERSION.—If the Secretary determines 22 that the real property conveyed under paragraph (1) 23 ceases to be held in public ownership or ceases to be 24 operated and maintained as a fire station, all right, 25 title, and interest in and to the property shall revert

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3 (d) STRAWN CEMETERY, JOHN REDMOND LAKE,

4 KANSAS.—

5 (1) IN GENERAL.—As soon as practicable after 6 the date of enactment of this Act, the Secretary, act- 7 ing through the Tulsa District of the Corps of Engi- 8 neers, shall transfer to Pleasant Township, Coffey 9 County, Kansas, for use as the New Strawn Ceme- 10 tery, all right, title, and interest of the United 11 States in and to the land described in paragraph (3).

12 (2) REVERSION.—If the land transferred under 13 this subsection ceases at any time to be used as a 14 nonprofit cemetery or for another public purpose, 15 the land shall revert to the United States.

16 (3) DESCRIPTION.—The land to be conveyed 17 under this subsection is a tract of land near John 18 Redmond Lake, Kansas, containing approximately 3 19 acres and lying adjacent to the west line of the 20 Strawn Cemetery located in the SE corner of the

21 NE1⁄4 of section 32, township 20 south, range 14 22 east, Coffey County, Kansas.

23 (e) PIKE COUNTY, MISSOURI.—

24 (1) DEFINITIONS.—In this subsection, the fol- 25 lowing definitions apply:

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1 (A) FEDERAL LAND.—The term ‘‘Federal 2 land’’ means the 2 parcels of Corps of Engi- 3 neers land totaling approximately 42 acres, lo- 4 cated on Buffalo Island in Pike County, Mis- 5 souri, and consisting of Government Tract 6 Numbers MIS–7 and a portion of FM–46.

7 (B) NON-FEDERAL LAND.—The term 8 ‘‘non-Federal land’’ means the approximately 9 42 acres of land, subject to any existing flowage 10 easements situated in Pike County, Missouri, 11 upstream and northwest, about 200 feet from 12 Drake Island (also known as Grimes Island).

13 (2) LAND EXCHANGE.—Subject to paragraph 14 (3), on conveyance by S.S.S., Inc., to the United 15 States of all right, title, and interest in and to the 16 non-Federal land, the Secretary shall convey to 17 S.S.S., Inc., all right, title, and interest of the 18 United States in and to the Federal land.

19 (3) CONDITIONS.—

20 (A) DEEDS.—

21 (i) NON-FEDERAL LAND.—The con- 22 veyance of the non-Federal land to the 23 Secretary shall be by a warranty deed ac- 24 ceptable to the Secretary.

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1 (ii) FEDERAL LAND.—The conveyance 2 of the Federal land to S.S.S., Inc., shall 3 be— 4 (I) by quitclaim deed; and 5 (II) subject to any reservations, 6 terms, and conditions that the Sec- 7 retary determines to be necessary to 8 allow the United States to operate 9 and maintain the Mississippi River 9- 10 Foot Navigation Project.

11 (iii) LEGAL DESCRIPTIONS.—The Sec- 12 retary shall provide a legal description of 13 the Federal land, and S.S.S., Inc., shall 14 provide a legal description of the non-Fed- 15 eral land, for inclusion in the deeds re- 16 ferred to in clauses (i) and (ii).

17 (B) REMOVAL OF IMPROVEMENTS.—

18 (i) IN GENERAL.—The Secretary may 19 require the removal of, or S.S.S., Inc., may 20 voluntarily remove, any improvements to 21 the non-Federal land before the completion 22 of the exchange or as a condition of the ex- 23 change.

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1 (ii) NO LIABILITY.—If S.S.S., Inc., 2 removes any improvements to the non-Fed- 3 eral land under clause (i)— 4 (I) S.S.S., Inc., shall have no 5 claim against the United States relat- 6 ing to the removal; and 7 (II) the United States shall not 8 incur or be liable for any cost associ- 9 ated with the removal or relocation of 10 the improvements.

11 (C) ADMINISTRATIVE COSTS.—The Sec- 12 retary shall require S.S.S., Inc. to pay reason- 13 able administrative costs associated with the ex- 14 change.

15 (D) CASH EQUALIZATION PAYMENT.—If 16 the appraised fair market value, as determined 17 by the Secretary, of the Federal land exceeds 18 the appraised fair market value, as determined 19 by the Secretary, of the non-Federal land, 20 S.S.S., Inc., shall make a cash equalization pay- 21 ment to the United States.

22 (E) DEADLINE.—The land exchange under 23 subparagraph (B) shall be completed not later 24 than 2 years after the date of enactment of this 25 Act.

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1 (f) UNION LAKE, MISSOURI.—

2 (1) IN GENERAL.—The Secretary shall offer to 3 convey to the State of Missouri, before June 30, 4 2007, all right, title, and interest in and to approxi- 5 mately 205.50 acres of land described in paragraph 6 (2) purchased for the Union Lake Project that was 7 deauthorized as of January 1, 1990 (55 Fed. Reg. 8 40906), in accordance with section 1001(a) of the 9 Water Resources Development Act of 1986 (33 10 U.S.C. 579a(a)).

11 (2) LAND DESCRIPTION.—The land referred to 12 in paragraph (1) is described as follows:

13 (A) TRACT 500.—A tract of land situated 14 in Franklin County, Missouri, being part of the

15 SW1⁄4 of section 7, and the NW1⁄4 of the SW1⁄4 16 of section 8, township 42 north, range 2 west 17 of the fifth principal meridian, consisting of ap- 18 proximately 112.50 acres.

19 (B) TRACT 605.—A tract of land situated 20 in Franklin County, Missouri, being part of the

21 N1⁄2 of the NE, and part of the SE of the NE 22 of section 18, township 42 north, range 2 west 23 of the fifth principal meridian, consisting of ap- 24 proximately 93.00 acres.

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1 (3) CONVEYANCE.—On acceptance by the State 2 of Missouri of the offer by the Secretary under para- 3 graph (1), the land described in paragraph (2) shall 4 immediately be conveyed, in its current condition, by 5 Secretary to the State of Missouri.

6 (g) BOARDMAN, OREGON.—Section 501(g)(1) of the 7 Water Resources Development Act of 1996 (110 Stat. 8 3751) is amended— 9 (1) by striking ‘‘city of Boardman,’’ and insert- 10 ing ‘‘the Boardman Park and Recreation District, 11 Boardman,’’; and 12 (2) by striking ‘‘such city’’ and inserting ‘‘the 13 city of Boardman’’.

14 (h) LOOKOUT POINT PROJECT, LOWELL, OREGON.—

15 (1) IN GENERAL.—The Secretary may convey 16 without consideration to Lowell School District, by 17 quitclaim deed, all right, title, and interest of the 18 United States in and to land and buildings thereon, 19 known as Tract A–82, located in Lowell, Oregon, 20 and described in paragraph (2).

21 (2) DESCRIPTION OF PROPERTY.—The parcel 22 of land authorized to be conveyed under paragraph 23 (1) is as follows: Commencing at the point of inter- 24 section of the west line of Pioneer Street with the 25 westerly extension of the north line of Summit

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14 (3) TERMS AND CONDITIONS.—Before con- 15 veying the parcel to the school district, the Secretary 16 shall ensure that the conditions of buildings and fa- 17 cilities meet the requirements of applicable Federal 18 law.

19 (4) REVERSION.—If the Secretary determines 20 that the property conveyed under paragraph (1) 21 ceases to be held in public ownership, all right, title, 22 and interest in and to the property shall revert to 23 the United States, at the option of the United 24 States.

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1 (i) RICHARD B. RUSSELL LAKE, SOUTH CARO-

2 LINA.—

3 (1) IN GENERAL.—The Secretary shall convey, 4 at fair market value, to the State of South Carolina, 5 by quitclaim deed, all right, title, and interest of the 6 United States in and to the parcels of land described 7 in paragraph (2)(A) that are managed, as of the 8 date of enactment of this Act, by the South Carolina 9 department of commerce for public recreation pur- 10 poses for the Richard B. Russell Dam and Lake, 11 South Carolina, project authorized by section 203 of 12 the Flood Control Act of 1966 (80 Stat. 1420).

13 (2) LAND DESCRIPTION.—

14 (A) IN GENERAL.—Subject to subpara- 15 graphs (B) and (C), the parcels of land referred 16 to in paragraph (1) are the parcels contained in 17 the portion of land described in Army Lease 18 Number DACW21–1–92–0500.

19 (B) RETENTION OF INTERESTS.—The 20 United States shall retain— 21 (i) ownership of all land included in 22 the lease referred to in subparagraph (A) 23 that would have been acquired for oper- 24 ational purposes in accordance with the

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7 (C) SURVEY.—The cost of the survey shall 8 be paid by the State.

9 (3) COSTS OF CONVEYANCE.—

10 (A) IN GENERAL.—The State shall be re- 11 sponsible for all costs, including real estate 12 transaction and environmental costs, associated 13 with the conveyance under this subsection.

14 (B) FORM OF CONTRIBUTION.—As deter- 15 mined appropriate by the Secretary, in lieu of 16 payment of compensation to the United States 17 under subparagraph (A), the State may per- 18 form certain environmental or real estate ac- 19 tions associated with the conveyance under this 20 subsection if those actions are performed in 21 close coordination with, to the satisfaction of, 22 and in compliance with the laws of the United 23 States.

24 (4) ADDITIONAL TERMS AND CONDITIONS.—

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1 (A) NO EFFECT ON SHORE MANAGEMENT

2 POLICY.—The Shoreline Management Policy 3 (ER–1130–2–406) of the Corps of Engineers 4 may not be changed or altered for any proposed 5 development of land conveyed under this sub- 6 section.

7 (B) COST SHARING.—In carrying out the 8 conveyance under this subsection, the Secretary 9 and the State shall comply with all obligations 10 of any cost sharing agreement between the Sec- 11 retary and the State in effect as of the date of 12 the conveyance.

13 (C) LAND NOT CONVEYED.—The State 14 shall continue to manage the land that is sub- 15 ject to Army Lease Number DACW21–1–92– 16 0500 and that is not conveyed under this sub- 17 section in accordance with the terms and condi- 18 tions of Army Lease Number DACW21–1–92– 19 0500.

20 (j) DENISON, TEXAS.—

21 (1) IN GENERAL.—Not later than 90 days after 22 the date of enactment of this Act, the Secretary 23 shall offer to convey at fair market value to the city 24 of Denison, Texas, all right, title, and interest of the 25 United States in and to the approximately 900 acres

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5 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 6 The exact acreage and description of the real prop- 7 erty referred to in paragraph (1) shall be determined 8 by a survey paid for by the city of Denison, Texas, 9 that is satisfactory to the Secretary.

10 (3) CONVEYANCE.—Not later than 90 days 11 after the date of acceptance by the city of Denison, 12 Texas, of an offer under paragraph (1), the Sec- 13 retary shall convey the land surveyed under para- 14 graph (2) by quitclaim deed to the city of Denison, 15 Texas.

16 (k) GENERALLY APPLICABLE PROVISIONS.—

17 (1) SURVEY TO OBTAIN LEGAL DESCRIPTION.— 18 The exact acreage and the legal description of any 19 real property to be conveyed under this section shall 20 be determined by a survey that is satisfactory to the 21 Secretary.

22 (2) APPLICABILITY OF PROPERTY SCREENING

23 PROVISIONS.—Section 2696 of title 10, United 24 States Code, shall not apply to any conveyance 25 under this section.

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1 (3) ADDITIONAL TERMS AND CONDITIONS.— 2 The Secretary may require that any conveyance 3 under this section be subject to such additional 4 terms and conditions as the Secretary considers ap- 5 propriate and necessary to protect the interests of 6 the United States.

7 (4) COSTS OF CONVEYANCE.—An entity to 8 which a conveyance is made under this section shall 9 be responsible for all reasonable and necessary costs, 10 including real estate transaction and environmental 11 documentation costs, associated with the conveyance.

12 (5) LIABILITY.—An entity to which a convey- 13 ance is made under this section shall hold the 14 United States harmless from any liability with re- 15 spect to activities carried out, on or after the date 16 of the conveyance, on the real property conveyed. 17 The United States shall remain responsible for any 18 liability with respect to activities carried out, before 19 such date, on the real property conveyed.

20 SEC. 3183. EXTINGUISHMENT OF REVERSIONARY INTER-

21 ESTS AND USE RESTRICTIONS.

22 (a) IDAHO.—

23 (1) IN GENERAL.—With respect to the property 24 covered by each deed in paragraph (2)—

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12 (2) AFFECTED DEEDS.—The deeds with the fol- 13 lowing county auditor’s file numbers are referred to 14 in paragraph (1): 15 (A) Auditor’s Instrument No. 399218 of 16 Nez Perce County, Idaho—2.07 acres. 17 (B) Auditor’s Instrument No. 487437 of 18 Nez Perce County, Idaho—7.32 acres.

19 (b) LAKE TEXOMA, OKLAHOMA.—

20 (1) RELEASE.—Any reversionary interest relat- 21 ing to public parks and recreation on the land con- 22 veyed by the Secretary to the State of Oklahoma at 23 Lake Texoma pursuant to the Act entitled ‘‘An Act 24 to authorize the sale of certain lands to the State of

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3 (2) INSTRUMENT OF RELEASE.—As soon as 4 practicable after the date of enactment of this Act, 5 the Secretary shall execute and file in the appro- 6 priate office a deed of release, an amended deed, or 7 any other appropriate instrument to release each re- 8 versionary interest to which paragraph (1) applies.

9 (3) PRESERVATION OF RESERVED RIGHTS.—A 10 release of a reversionary interest under this sub- 11 section shall not affect any other right of the United 12 States in any deed of conveyance pursuant to the 13 Act referred to in paragraph (1).

14 (c) LOWELL, OREGON.—

15 (1) RELEASE AND EXTINGUISHMENT OF DEED

16 RESERVATIONS.—

17 (A) RELEASE AND EXTINGUISHMENT OF

18 DEED RESERVATIONS.—The Secretary may re- 19 lease and extinguish the deed reservations for 20 access and communication cables contained in 21 the quitclaim deed, dated January 26, 1965, 22 and recorded February 15, 1965, in the records 23 of Lane County, Oregon; except that such res- 24 ervations may only be released and extinguished 25 for the lands owned by the city of Lowell as de-

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3 (B) ADDITIONAL RELEASE AND EXTIN-

4 GUISHMENT OF DEED RESERVATIONS.—The 5 Secretary may also release and extinguish the 6 same deed reservations referred to in subpara- 7 graph (A) over land owned by Lane County, 8 Oregon, within the city limits of Lowell, Or- 9 egon, to accommodate the development pro- 10 posals of the city of Lowell/St. Vincent de Paul, 11 Lane County, affordable housing project; except 12 that the Secretary may require, at no cost to 13 the United States— 14 (i) the alteration or relocation of any 15 existing facilities, utilities, roads, or similar 16 improvements on such lands; and 17 (ii) the right-of-way for such facilities, 18 utilities, roads, or improvements as a pre- 19 condition of any release or extinguishment 20 of the deed reservations.

21 (2) CONVEYANCE.—The Secretary may convey 22 to the city of Lowell, Oregon, the parcel of land situ- 23 ated in the city of Lowell, Oregon, at fair market 24 value consisting of the strip of federally owned lands 25 located northeast of West Boundary Road between

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3 (3) ADMINISTRATIVE COST.—Notwithstanding 4 paragraphs (1) and (2), the city of Lowell, Oregon, 5 shall pay the administrative costs incurred by the 6 United States to execute the release and extinguish- 7 ment of the deed reservations under paragraph (1) 8 and the conveyance under paragraph (2).

9 (d) OLD HICKORY LOCK AND DAM, CUMBERLAND

10 RIVER, TENNESSEE.—

11 (1) RELEASE OF RETAINED RIGHTS, INTER-

12 ESTS, RESERVATIONS.—With respect to land con- 13 veyed by the Secretary to the Tennessee Society of 14 Crippled Children and Adults, Incorporated (com- 15 monly known as ‘‘Easter Seals Tennessee’’) at Old 16 Hickory Lock and Dam, Cumberland River, Ten- 17 nessee, under section 211 of the Flood Control Act 18 of 1965 (79 Stat. 1087), the reversionary interests 19 and the use restrictions relating to recreation and 20 camping purposes are extinguished.

21 (2) INSTRUMENT OF RELEASE.—As soon as 22 practicable after the date of enactment of this Act, 23 the Secretary shall execute and file in the appro- 24 priate office a deed of release, amended deed, or

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3 (e) LOWER GRANITE POOL, WASHINGTON.—

4 (1) EXTINGUISHMENT OF REVERSIONARY IN-

5 TERESTS AND USE RESTRICTIONS.—With respect to 6 property covered by each deed described in para- 7 graph (2)— 8 (A) the reversionary interests and use re- 9 strictions relating to port or industrial purposes 10 are extinguished; and 11 (B) the human habitation or other building 12 structure use restriction is extinguished in each 13 area in which the elevation is above the stand- 14 ard project flood elevation.

15 (2) DEEDS.—The deeds referred to in para- 16 graph (1) are as follows: 17 (A) Auditor’s File Numbers 432576, 18 443411, 499988, and 579771 of Whitman 19 County, Washington. 20 (B) Auditor’s File Numbers 125806, 21 138801, 147888, 154511, 156928, and 176360 22 of Asotin County, Washington.

23 (f) PORT OF PASCO, WASHINGTON.—

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1 (1) EXTINGUISHMENT OF USE RESTRICTIONS

2 AND FLOWAGE EASEMENT.—With respect to the 3 property covered by the deed in paragraph (3)(A)— 4 (A) the flowage easement and human habi- 5 tation or other building structure use restriction 6 is extinguished if the elevation of the property 7 is above the standard project flood elevation; 8 and 9 (B) the use of fill material to raise areas 10 of the property above the standard project flood 11 elevation is authorized, except in any area for 12 which a permit under section 404 of the Fed- 13 eral Water Pollution Control Act (33 U.S.C. 14 1344) is required.

15 (2) EXTINGUISHMENT OF FLOWAGE EASE-

16 MENT.—With respect to the property covered by 17 each deed in paragraph (3)(B), the flowage ease- 18 ment is extinguished if the elevation of the property 19 is above the standard project flood elevation.

20 (3) AFFECTED DEEDS.—The deeds referred to 21 in paragraphs (1) and (2) are as follows: 22 (A) Auditor’s File Number 262980 of 23 Franklin County, Washington. 24 (B) Auditor’s File Numbers 263334 and 25 404398 of Franklin County, Washington.

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1 (g) NO EFFECT ON OTHER RIGHTS.—Nothing in 2 this section affects the remaining rights and interests of 3 the Corps of Engineers for authorized project purposes. 4 TITLE IV—STUDIES

5 SEC. 4001. JOHN GLENN GREAT LAKES BASIN PROGRAM. 6 Section 455 of the Water Resources Development Act 7 of 1999 (42 U.S.C. 1962d–21) is amended by adding at 8 the end the following:

9 ‘‘(g) IN-KIND CONTRIBUTIONS FOR STUDY.—The 10 non-Federal interest may provide up to 100 percent of the 11 non-Federal share required under subsection (f) in the 12 form of in-kind services and materials.’’.

13 SEC. 4002. LAKE ERIE DREDGED MATERIAL DISPOSAL

14 SITES. 15 The Secretary shall conduct a study to determine the 16 nature and frequency of avian botulism problems in the 17 vicinity of Lake Erie associated with dredged material dis- 18 posal sites and shall make recommendations to eliminate 19 the conditions that result in such problems.

20 SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT

21 STUDY.

22 (a) IN GENERAL.—The Secretary, in coordination 23 with the Secretary of the Interior, the Secretary of Agri- 24 culture, the Secretary of Commerce, and other appropriate 25 agencies, shall conduct, at Federal expense, a comprehen-

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5 (b) INVENTORY OF ACTIONS.—In conducting the 6 study, the Secretary shall assemble an inventory of actions 7 taken or planned to be taken to address drought-related 8 situations in the southwestern United States.

9 (c) PURPOSE.—The purpose of the study shall be to 10 develop recommendations to more effectively address cur- 11 rent and future drought conditions in the southwestern 12 United States.

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 14 are authorized to be appropriated to the Secretary to carry 15 out this section $7,000,000. Such funds shall remain 16 available until expended.

17 SEC. 4004. DELAWARE RIVER. 18 The Secretary shall review, in consultation with the 19 Delaware River Basin Commission and the States of Dela- 20 ware, Pennsylvania, New Jersey, and New York, the re- 21 port of the Chief of Engineers on the Delaware River, pub- 22 lished as House Document Numbered 522, 87th Congress, 23 Second Session, as it relates to the Mid-Delaware River 24 Basin from Wilmington to Port Jervis, and any other per- 25 tinent reports (including the strategy for resolution of

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9 SEC. 4005. EURASIAN MILFOIL. 10 Under the authority of section 104 of the River and 11 Harbor Act of 1958 (33 U.S.C. 610), the Secretary shall 12 conduct a study, at Federal expense, to develop national 13 protocols for the use of the Euhrychiopsis lecontei weevil 14 for biological control of Eurasian milfoil in the lakes of 15 Vermont and other northeastern States.

16 SEC. 4006. FIRE ISLAND, ALASKA. 17 The Secretary shall conduct a study to determine the 18 feasibility of carrying out a project for navigational im- 19 provements, including a barge landing facility, Fire Island, 20 Alaska.

21 SEC. 4007. KNIK ARM, COOK INLET, ALASKA. 22 The Secretary shall conduct a study to determine the 23 potential impacts on navigation of construction of a bridge 24 across Knik Arm, Cook Inlet, Alaska.

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6 SEC. 4009. NOME HARBOR, ALASKA. 7 The Secretary shall review the project for navigation, 8 Nome Harbor improvements, Alaska, authorized by sec- 9 tion 101(a)(1) of the Water Resources Development Act 10 of 1999 (113 Stat. 273), to determine whether the project 11 cost increases, including the cost of rebuilding the en- 12 trance channel damaged in a September 2005 storm, re- 13 sulted from a design deficiency.

14 SEC. 4010. ST. GEORGE HARBOR, ALASKA. 15 The Secretary shall conduct a study to determine the 16 feasibility of providing navigation improvements at St. 17 George Harbor, Alaska.

18 SEC. 4011. SUSITNA RIVER, ALASKA. 19 The Secretary shall conduct a study to determine the 20 feasibility of carrying out a project for hydropower, recre- 21 ation, and related purposes on the Susitna River, Alaska.

22 SEC. 4012. VALDEZ, ALASKA. 23 The Secretary shall conduct a study to determine the 24 feasibility of carrying out a project for navigation, Valdez, 25 Alaska, and if the Secretary determines that the project

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3 SEC. 4013. GILA BEND, MARICOPA, ARIZONA.

4 (a) IN GENERAL.—The Secretary shall conduct a 5 study to determine the feasibility of carrying out a project 6 for flood damage reduction, Gila Bend, Maricopa, Arizona.

7 (b) REVIEW OF PLANS.—In conducting the study, the 8 Secretary shall review plans and designs developed by non- 9 Federal interests and shall incorporate such plans and de- 10 signs into the Federal study if the Secretary determines 11 that such plans and designs are consistent with Federal 12 standards.

13 SEC. 4014. SEARCY COUNTY, ARKANSAS. 14 The Secretary shall conduct a study to determine the 15 feasibility of using Greers Ferry Lake as a water supply 16 source for Searcy County, Arkansas.

17 SEC. 4015. ALISO CREEK, CALIFORNIA. 18 The Secretary shall conduct a study to determine the 19 feasibility of carrying out a project for streambank protec- 20 tion and environmental restoration along Aliso Creek, 21 California.

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2 FORNIA. 3 The Secretary shall conduct a study to determine the 4 feasibility of carrying out a project for water supply for 5 Fresno, Kings, and Kern Counties, California.

6 SEC. 4017. FRUITVALE AVENUE RAILROAD BRIDGE, ALA-

7 MEDA, CALIFORNIA.

8 (a) IN GENERAL.—The Secretary shall prepare a 9 comprehensive report that examines the condition of the 10 existing Fruitvale Avenue Railroad Bridge, Alameda 11 County, California (referred to in this section as the ‘‘Rail- 12 road Bridge’’), and determines the most economic means 13 to maintain that rail link by either repairing or replacing 14 the Railroad Bridge.

15 (b) REQUIREMENTS.—The report under this section 16 shall include— 17 (1) a determination of whether the Railroad 18 Bridge is in immediate danger of failing or col- 19 lapsing; 20 (2) the annual costs to maintain the Railroad 21 Bridge; 22 (3) the costs to place the Railroad Bridge in a 23 safe, ‘‘no-collapse’’ condition, such that the Railroad 24 Bridge will not endanger maritime traffic; 25 (4) the costs to retrofit the Railroad Bridge 26 such that the Railroad Bridge may continue to serve

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7 (c) SUBMISSION OF REPORT.—The Secretary shall— 8 (1) complete the Railroad Bridge report under 9 subsection (a) not later than 180 days after the date 10 of enactment of this Act; and 11 (2) submit the report to the Committee on En- 12 vironment and Public Works of the Senate and 13 Committee on Transportation and Infrastructure of 14 the House of Representatives.

15 (d) LIMITATIONS.—The Secretary shall not— 16 (1) demolish the Railroad Bridge or otherwise 17 render the Railroad Bridge unavailable or unusable 18 for rail traffic; or 19 (2) reduce maintenance of the Railroad Bridge.

20 (e) EASEMENT.—

21 (1) IN GENERAL.—The Secretary shall provide 22 to the city of Alameda, California, a nonexclusive ac- 23 cess easement over the Oakland Estuary that com- 24 prises the subsurface land and surface approaches 25 for the Railroad Bridge that—

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7 (2) COST.—The easement under paragraph (1) 8 shall be provided to the city of Alameda without con- 9 sideration and at no cost to the United States.

10 SEC. 4018. LOS ANGELES RIVER REVITALIZATION STUDY,

11 CALIFORNIA.

12 (a) IN GENERAL.—The Secretary, in coordination 13 with the city of Los Angeles, shall— 14 (1) prepare a feasibility study for environmental 15 ecosystem restoration, flood control, recreation, and 16 other aspects of Los Angeles River revitalization 17 that is consistent with the goals of the Los Angeles 18 River Revitalization Master Plan published by the 19 city of Los Angeles; and 20 (2) consider any locally-preferred project alter- 21 natives developed through a full and open evaluation 22 process for inclusion in the study.

23 (b) USE OF EXISTING INFORMATION AND MEAS-

24 URES.—In preparing the study under subsection (a), the 25 Secretary shall use, to the maximum extent practicable—

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4 (c) DEMONSTRATION PROJECTS.—

5 (1) IN GENERAL.—The Secretary is authorized 6 to construct demonstration projects in order to pro- 7 vide information to develop the study under sub- 8 section (a)(1).

9 (2) FEDERAL SHARE.—The Federal share of 10 the cost of any project under this subsection shall be 11 not more than 65 percent.

12 (3) AUTHORIZATION OF APPROPRIATIONS.— 13 There is authorized to be appropriated to carry out 14 this subsection $25,000,000.

15 SEC. 4019. LYTLE CREEK, RIALTO, CALIFORNIA. 16 The Secretary shall conduct a study to determine the 17 feasibility of carrying out a project for flood damage re- 18 duction and groundwater recharge, Lytle Creek, Rialto, 19 California.

20 SEC. 4020. MOKELUMNE RIVER, SAN JOAQUIN COUNTY,

21 CALIFORNIA.

22 (a) IN GENERAL.—The Secretary shall conduct a 23 study to determine the feasibility of carrying out a project 24 for water supply along the Mokelumne River, San Joaquin 25 County, California.

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1 (b) LIMITATION ON STATUTORY CONSTRUCTION.— 2 Nothing in this section shall be construed to invalidate, 3 preempt, or create any exception to State water law, State 4 water rights, or Federal or State permitted activities or 5 agreements.

6 SEC. 4021. ORICK, CALIFORNIA.

7 (a) IN GENERAL.—The Secretary shall conduct a 8 study to determine the feasibility of carrying out a project 9 for flood damage reduction and ecosystem restoration, 10 Orick, California.

11 (b) FEASIBILITY OF RESTORING OR REHABILI-

12 TATING REDWOOK CREEK LEVEES.—In conducting the 13 study, the Secretary shall determine the feasibility of re- 14 storing or rehabilitating the Redwood Creek Levees, Hum- 15 boldt County, California.

16 SEC. 4022. SHORELINE STUDY, OCEANSIDE, CALIFORNIA. 17 Section 414 of the Water Resources Development Act 18 of 2000 (114 Stat. 2636) is amended by striking ‘‘32 19 months’’ and inserting ‘‘44 months’’.

20 SEC. 4023. RIALTO, FONTANA, AND COLTON, CALIFORNIA. 21 The Secretary shall conduct a study to determine the 22 feasibility of carrying out a project for water supply for 23 Rialto, Fontana, and Colton, California.

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7 SEC. 4025. SAN DIEGO COUNTY, CALIFORNIA. 8 The Secretary shall conduct a study to determine the 9 feasibility of carrying out a project for water supply, San 10 Diego County, California, including a review of the feasi- 11 bility of connecting 4 existing reservoirs to increase usable 12 storage capacity.

13 SEC. 4026. SAN FRANCISCO BAY, SACRAMENTO-SAN JOA-

14 QUIN DELTA, CALIFORNIA.

15 (a) IN GENERAL.—The Secretary shall conduct a 16 study to determine the feasibility of the beneficial use of 17 dredged material from the San Francisco Bay in the Sac- 18 ramento-San Joaquin Delta, California, including the ben- 19 efits and impacts of salinity in the Delta and the benefits 20 to navigation, flood damage reduction, ecosystem restora- 21 tion, water quality, salinity control, water supply reli- 22 ability, and recreation.

23 (b) COOPERATION.—In conducting the study, the 24 Secretary shall cooperate with the California department 25 of water resources and appropriate Federal and State enti- 26 ties in developing options for the beneficial use of dredged

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3 (c) REVIEW.—The study shall include a review of the 4 feasibility of using Sherman Island as a rehandling site 5 for levee maintenance material, as well as for ecosystem 6 restoration. The review may include carrying out and mon- 7 itoring a pilot project using up to 150,000 cubic yards 8 of dredged material and being carried out at the Sherman 9 Island site, examining larger scale use of dredged mate- 10 rials from the San Francisco Bay and Suisun Bay Chan- 11 nel, and analyzing the feasibility of the potential use of 12 saline materials from the San Francisco Bay for both re- 13 handling and ecosystem restoration purposes.

14 SEC. 4027. SOUTH SAN FRANCISCO BAY SHORELINE, CALI-

15 FORNIA.

16 (a) IN GENERAL.—The Secretary, in cooperation 17 with non-Federal interests, shall conduct a study of the 18 feasibility of carrying out a project for— 19 (1) flood damage reduction along the South 20 San Francisco Bay shoreline, California; 21 (2) restoration of the South San Francisco Bay 22 salt ponds (including on land owned by other Fed- 23 eral agencies); and 24 (3) other related purposes, as the Secretary de- 25 termines to be appropriate.

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1 (b) REPORT.—

2 (1) IN GENERAL.—Not later than 3 years after 3 the date of enactment of this Act, the Secretary 4 shall submit to Congress a report describing the re- 5 sults of the study under subsection (a).

6 (2) INCLUSIONS.—The report under paragraph 7 (1) shall include recommendations of the Secretary 8 with respect to the project described in subsection 9 (a) based on planning, design, and land acquisition 10 documents prepared by— 11 (A) the California State Coastal Conser- 12 vancy; 13 (B) the Santa Clara Valley Water District; 14 and 15 (C) other local interests.

16 (c) CREDIT.—

17 (1) IN GENERAL.—In accordance with section 18 221 of the Flood Control Act of 1970 (42 U.S.C. 19 1962d–5b), and subject to paragraph (2), the Sec- 20 retary shall credit toward the non-Federal share of 21 the cost of any project authorized by law as a result 22 of the South San Francisco Bay shoreline study— 23 (A) the cost of work performed by the non- 24 Federal interest in preparation of the feasibility

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8 (2) CONDITIONS.—The Secretary may provide 9 credit under paragraph (1) if— 10 (A) the value of all or any portion of land 11 referred to in paragraph (1)(B) that would be 12 subject to the credit has not previously been 13 credited to the non-Federal interest for a 14 project; and 15 (B) the land was not acquired to meet any 16 mitigation requirement of the non-Federal in- 17 terest.

18 SEC. 4028. TWENTYNINE PALMS, CALIFORNIA. 19 The Secretary shall conduct a study to determine the 20 feasibility of carrying out projects for flood damage reduc- 21 tion in the vicinity of Twentynine Palms, California.

22 SEC. 4029. YUCCA VALLEY, CALIFORNIA. 23 The Secretary shall conduct a study to determine the 24 feasibility of carrying out a project for flood damage re-

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3 SEC. 4030. SELENIUM STUDIES, COLORADO.

4 (a) IN GENERAL.—The Director of the United States 5 Geological Survey, in consultation with State water quality 6 and resource and conservation agencies, shall conduct re- 7 gional and watershed-wide studies to address selenium 8 concentrations in the State of Colorado, including stud- 9 ies— 10 (1) to measure selenium on specific sites; and 11 (2) to determine whether specific selenium 12 measures studied should be recommended for use in 13 demonstration projects.

14 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated to carry out this section 16 $5,000,000.

17 SEC. 4031. DELAWARE AND CHRISTINA RIVERS AND

18 SHELLPOT CREEK, WILMINGTON, DELAWARE. 19 The Secretary shall conduct a study to determine the 20 feasibility of carrying out a project for flood damage re- 21 duction and related purposes along the Delaware and 22 Christina Rivers and Shellpot Creek, Wilmington, Dela- 23 ware.

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2 AND ATLANTIC COAST, DELAWARE.

3 (a) IN GENERAL.—The Secretary shall conduct a 4 study to determine the feasibility of modifying the project 5 for navigation, Indian River Inlet and Bay, Delaware.

6 (b) FACTORS FOR CONSIDERATION AND PRIORITY.— 7 In carrying out the study under subsection (a), the Sec- 8 retary shall— 9 (1) take into consideration all necessary activi- 10 ties to stabilize the scour holes threatening the Inlet 11 and Bay shorelines; and 12 (2) give priority to stabilizing and restoring the 13 Inlet channel and scour holes adjacent to the United 14 States Coast Guard pier and helipad and the adja- 15 cent State-owned properties.

16 SEC. 4033. COLLIER COUNTY BEACHES, FLORIDA. 17 The Secretary shall conduct a study to determine the 18 feasibility of carrying out a project for hurricane and 19 storm damage reduction and flood damage reduction in 20 the vicinity of Vanderbilt, Park Shore, and Naples beach- 21 es, Collier County, Florida.

22 SEC. 4034. LOWER ST. JOHNS RIVER, FLORIDA. 23 The Secretary shall conduct a study to determine the 24 feasibility of carrying out a project for environmental res- 25 toration, including improved water quality, and related 26 purposes, Lower St. Johns River, Florida.

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2 REHABILITATION REPORT, FLORIDA.

3 (a) IN GENERAL.—Not later than 120 days after the 4 date of enactment of this Act, the Secretary shall publish 5 a supplemental report to the major rehabilitation report 6 for the Herbert Hoover Dike system approved by the Chief 7 of Engineers in November 2000.

8 (b) INCLUSIONS.—The supplemental report under 9 subsection (a) shall include— 10 (1) an evaluation of existing conditions at the 11 Herbert Hoover Dike system; 12 (2) an identification of additional risks associ- 13 ated with flood events at the system that are equal 14 to or greater than the standard projected flood risks; 15 (3) an evaluation of the potential to integrate 16 projects of the Corps of Engineers into an enhanced 17 flood protection system for Lake Okeechobee, includ- 18 ing— 19 (A) the potential for additional water stor- 20 age north of Lake Okeechobee; and 21 (B) an analysis of other project features 22 included in the Comprehensive Everglades Res- 23 toration Plan; and 24 (4) a review of the report prepared for the 25 South Florida Water Management District dated 26 April 2006.

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to carry out this section 3 $1,500,000.

4 SEC. 4036. VANDERBILT BEACH LAGOON, FLORIDA. 5 The Secretary shall conduct a study to determine the 6 feasibility of carrying out a project for environmental res- 7 toration, water supply, and improvement of water quality 8 at Vanderbilt Beach Lagoon, Florida.

9 SEC. 4037. MERIWETHER COUNTY, GEORGIA. 10 The Secretary shall conduct a study to determine the 11 feasibility of carrying out a project for water supply, 12 Meriwether County, Georgia.

13 SEC. 4038. BOISE RIVER, IDAHO. 14 The study for flood control, Boise River, Idaho, au- 15 thorized by section 414 of the Water Resources Develop- 16 ment Act of 1999 (113 Stat. 324), is modified— 17 (1) to add ecosystem restoration and water sup- 18 ply as project purposes to be studied; and 19 (2) to require the Secretary to credit toward the 20 non-Federal share of the cost of the study the cost, 21 not to exceed $500,000, of work carried out by the 22 non-Federal interest before the date of the partner- 23 ship agreement for the project if the Secretary de- 24 termines that the work is integral to the project.

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5 SEC. 4040. CHICAGO, ILLINOIS. 6 Section 425(a) of the Water Resources Development 7 Act of 2000 (114 Stat. 2638) is amended by inserting 8 ‘‘Lake Michigan and’’ before ‘‘the Chicago River’’.

9 SEC. 4041. SALEM, INDIANA. 10 The Secretary shall conduct a study to determine the 11 feasibility of carrying out a project to provide an addi- 12 tional water supply source for Salem, Indiana.

13 SEC. 4042. BUCKHORN LAKE, KENTUCKY.

14 (a) IN GENERAL.—The Secretary shall conduct a 15 study to determine the feasibility of modifying the project 16 for flood damage reduction, Buckhorn Lake, Kentucky, 17 authorized by section 2 of the Flood Control Act of June 18 28, 1938 (52 Stat. 1217), to add ecosystem restoration 19 and recreation as project purposes.

20 (b) IN-KIND CONTRIBUTIONS.—The non-Federal in- 21 terest may provide the non-Federal share of the cost of 22 the study in the form of in-kind services and materials.

23 SEC. 4043. DEWEY LAKE, KENTUCKY. 24 The Secretary shall conduct a study to determine the 25 feasibility of modifying the project for Dewey Lake, Ken- 26 tucky, to add water supply as a project purpose.

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7 SEC. 4045. VIDALIA PORT, LOUISIANA. 8 The Secretary shall conduct a study to determine the 9 feasibility of carrying out a project for navigation improve- 10 ment at Vidalia, Louisiana.

11 SEC. 4046. FALL RIVER HARBOR, MASSACHUSETTS AND

12 RHODE ISLAND. 13 The Secretary shall conduct a study to determine the 14 feasibility of deepening that portion of the navigation 15 channel of the navigation project for Fall River Harbor, 16 Massachusetts and Rhode Island, authorized by section 17 101 of the River and Harbor Act of 1968 (82 Stat. 731), 18 seaward of the Charles M. Braga, Jr. Memorial Bridge, 19 Fall River and Somerset, Massachusetts.

20 SEC. 4047. CLINTON RIVER, MICHIGAN. 21 The Secretary shall conduct a study to determine the 22 feasibility of carrying out a project for environmental res- 23 toration, Clinton River, Michigan.

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2 GAN. 3 The Secretary shall conduct a study to determine the 4 feasibility of carrying out a project for flood damage re- 5 duction on Ore Lake and the Huron River for Hamburg 6 and Green Oak Townships, Michigan.

7 SEC. 4049. LAKE ERIE AT LUNA PIER, MICHIGAN. 8 The Secretary shall conduct a study to determine the 9 feasibility of carrying out a project for storm damage re- 10 duction and other related purposes along Lake Erie at 11 Luna Pier, Michigan.

12 SEC. 4050. DULUTH-SUPERIOR HARBOR, MINNESOTA AND

13 WISCONSIN.

14 (a) IN GENERAL.—The Secretary shall conduct a 15 study and prepare a report to evaluate the integrity of 16 the bulkhead system located on and in the vicinity of Du- 17 luth-Superior Harbor, Duluth, Minnesota, and Superior, 18 Wisconsin.

19 (b) CONTENTS.—The report shall include— 20 (1) a determination of causes of corrosion of 21 the bulkhead system; 22 (2) recommendations to reduce corrosion of the 23 bulkhead system; 24 (3) a description of the necessary repairs to the 25 bulkhead system; and

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4 SEC. 4051. NORTHEAST MISSISSIPPI. 5 The Secretary shall conduct a study to determine the 6 feasibility of modifying the project for navigation, Ten- 7 nessee-Tombigbee Waterway, Alabama and Mississippi, to 8 provide water supply for northeast Mississippi.

9 SEC. 4052. DREDGED MATERIAL DISPOSAL, NEW JERSEY. 10 The Secretary shall conduct a study to determine the 11 feasibility of carrying out a project in the vicinity of the 12 Atlantic Intracoastal Waterway, New Jersey, for the con- 13 struction of a dredged material disposal transfer facility 14 to make dredged material available for beneficial reuse.

15 SEC. 4053. BAYONNE, NEW JERSEY. 16 The Secretary shall conduct a study to determine the 17 feasibility of carrying out a project for environmental res- 18 toration, including improved water quality, enhanced pub- 19 lic access, and recreation, on the Kill Van Kull, Bayonne, 20 New Jersey.

21 SEC. 4054. CARTERET, NEW JERSEY. 22 The Secretary shall conduct a study to determine the 23 feasibility of carrying out a project for environmental res- 24 toration, including improved water quality, enhanced pub-

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3 SEC. 4055. GLOUCESTER COUNTY, NEW JERSEY. 4 The Secretary shall conduct a study to determine the 5 feasibility of carrying out a project for flood damage re- 6 duction, Gloucester County, New Jersey, including the 7 feasibility of restoring the flood protection dikes in 8 Gibbstown, New Jersey, and the associated tidegates in 9 Gloucester County, New Jersey.

10 SEC. 4056. PERTH AMBOY, NEW JERSEY. 11 The Secretary shall conduct a study to determine the 12 feasibility of carrying out a project for environmental res- 13 toration and recreation on the Arthur Kill, Perth Amboy, 14 New Jersey.

15 SEC. 4057. BATAVIA, NEW YORK. 16 The Secretary shall conduct a study to determine the 17 feasibility of carrying out a project for hydropower and 18 related purposes in the vicinity of Batavia, New York.

19 SEC. 4058. BIG SISTER CREEK, EVANS, NEW YORK.

20 (a) IN GENERAL.—The Secretary shall conduct a 21 study to determine the feasibility of carrying out a project 22 for flood damage reduction, Big Sister Creek, Evans, New 23 York.

24 (b) EVALUATION OF POTENTIAL SOLUTIONS.—In 25 conducting the study, the Secretary shall evaluate poten-

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3 SEC. 4059. FINGER LAKES, NEW YORK. 4 The Secretary shall conduct a study to determine the 5 feasibility of carrying out a project for aquatic ecosystem 6 restoration and protection, Finger Lakes, New York, to 7 address water quality and aquatic nuisance species.

8 SEC. 4060. LAKE ERIE SHORELINE, BUFFALO, NEW YORK. 9 The Secretary shall conduct a study to determine the 10 feasibility of carrying out a project for storm damage re- 11 duction and shoreline protection in the vicinity of Galla- 12 gher Beach, Lake Erie Shoreline, Buffalo, New York.

13 SEC. 4061. NEWTOWN CREEK, NEW YORK. 14 The Secretary shall conduct a study to determine the 15 feasibility of carrying out ecosystem restoration improve- 16 ments on Newtown Creek, Brooklyn and Queens, New 17 York.

18 SEC. 4062. NIAGARA RIVER, NEW YORK. 19 The Secretary shall conduct a study to determine the 20 feasibility of carrying out a project for a low-head hydro- 21 electric generating facility in the Niagara River, New 22 York.

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2 YORK. 3 The Secretary shall conduct a study of the feasibility 4 of carrying out a project for shoreline protection in the 5 vicinity of the confluence of the Narrows and Gravesend 6 Bay, Upper New York Bay, Shore Parkway Greenway, 7 Brooklyn, New York.

8 SEC. 4064. UPPER DELAWARE RIVER WATERSHED, NEW

9 YORK. 10 In accordance with section 221 of the Flood Control 11 Act of 1970 (42 U.S.C. 1962d–5b), a nonprofit organiza- 12 tion may serve, with the consent of the affected local gov- 13 ernment, as the non-Federal interest for a study for the 14 Upper Delaware River watershed, New York, being carried 15 out under Committee Resolution 2495 of the Committee 16 on Transportation and Infrastructure of the House of 17 Representatives, adopted May 9, 1996.

18 SEC. 4065. LINCOLN COUNTY, NORTH CAROLINA. 19 The Secretary shall conduct a study of existing water 20 and water quality-related infrastructure in Lincoln Coun- 21 ty, North Carolina, to assist local interests in determining 22 the most efficient and effective way to connect county in- 23 frastructure.

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5 SEC. 4067. YADKINVILLE, NORTH CAROLINA. 6 The Secretary shall conduct a study to determine the 7 feasibility of carrying out a project for water supply, 8 Yadkinville, North Carolina.

9 SEC. 4068. FLOOD DAMAGE REDUCTION, OHIO. 10 The Secretary shall conduct a study to determine the 11 feasibility of carrying out projects for flood damage reduc- 12 tion in Cuyahoga, Lake, Ashtabula, Geauga, Erie, Lucas, 13 Sandusky, Huron, and Stark Counties, Ohio.

14 SEC. 4069. LAKE ERIE, OHIO. 15 The Secretary shall conduct a study to determine the 16 feasibility of carrying out projects for power generation 17 at confined disposal facilities along Lake Erie, Ohio.

18 SEC. 4070. OHIO RIVER, OHIO. 19 The Secretary shall conduct a study to determine the 20 feasibility of carrying out projects for flood damage reduc- 21 tion on the Ohio River in Mahoning, Columbiana, Jeffer- 22 son, Belmont, Noble, Monroe, Washington, Athens, Meigs, 23 Gallia, Lawrence, and Scioto Counties, Ohio.

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2 MENT, TOLEDO, OHIO. 3 The Secretary shall study the feasibility of removing 4 previously dredged and placed materials from the Toledo 5 Harbor confined disposal facility, transporting the mate- 6 rials, and disposing of the materials in or at abandoned 7 mine sites in southeastern Ohio.

8 SEC. 4072. TOLEDO HARBOR, MAUMEE RIVER, AND LAKE

9 CHANNEL PROJECT, TOLEDO, OHIO.

10 (a) IN GENERAL.—The Secretary shall conduct a 11 study to determine the feasibility of constructing a project 12 for navigation, Toledo, Ohio.

13 (b) FACTORS FOR CONSIDERATION.—In conducting 14 the study under subsection (a), the Secretary shall take 15 into consideration— 16 (1) realigning the existing Toledo Harbor chan- 17 nel widening occurring where the River Channel 18 meets the Lake Channel from the northwest to the 19 southeast side of the River Channel; 20 (2) realigning the entire 200-foot wide channel 21 located at the upper river terminus of the River 22 Channel southern river embankment towards the 23 northern river embankment; and 24 (3) adjusting the existing turning basin to ac- 25 commodate those changes.

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2 IMPROVEMENTS, OREGON.

3 (a) STUDY.—The Secretary shall conduct a study to 4 determine the feasibility of undertaking ecosystem restora- 5 tion and fish passage improvements on rivers throughout 6 the State of Oregon.

7 (b) REQUIREMENTS.—In carrying out the study, the 8 Secretary shall— 9 (1) work in coordination with the State of Or- 10 egon, local governments, and other Federal agencies; 11 and 12 (2) place emphasis on— 13 (A) fish passage and conservation and res- 14 toration strategies to benefit species that are 15 listed or proposed for listing as threatened or 16 endangered species under the Endangered Spe- 17 cies Act of 1973 (16 U.S.C. 1531 et seq.); and 18 (B) other watershed restoration objectives.

19 (c) PILOT PROGRAM.—

20 (1) IN GENERAL.—In conjunction with con- 21 ducting the study under subsection (a), the Sec- 22 retary may carry out pilot projects to demonstrate 23 the effectiveness of ecosystem restoration and fish 24 passages.

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1 (2) AUTHORIZATION OF APPROPRIATIONS.— 2 There is authorized to be appropriated $5,000,000 3 to carry out this subsection.

4 SEC. 4074. WALLA WALLA RIVER BASIN, OREGON. 5 In conducting the study of determine the feasibility 6 of carrying out a project for ecosystem restoration, Walla 7 Walla River basin, Oregon, the Secretary shall— 8 (1) credit toward the non-Federal share of the 9 cost of the study the cost of work carried out by the 10 non-Federal interest before the date of the partner- 11 ship agreement for the project if the Secretary de- 12 termines that the work is integral to the project; and 13 (2) allow the non-Federal interest to provide 14 the non-Federal share of the cost of the study in the 15 form of in-kind services and materials.

16 SEC. 4075. CHARTIERS CREEK WATERSHED, PENNSYL-

17 VANIA. 18 The Secretary shall conduct a study to determine the 19 feasibility of carrying out a project for flood damage re- 20 duction, Chartiers Creek watershed, Pennsylvania.

21 SEC. 4076. KINZUA DAM AND ALLEGHENY RESERVOIR,

22 PENNSYLVANIA. 23 The Secretary shall conduct a study of the project 24 for flood control, Kinzua Dam and Allegheny Reservoir, 25 Warren, Pennsylvania, authorized by section 5 of the

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8 SEC. 4077. WESTERN PENNSYLVANIA FLOOD DAMAGE RE-

9 DUCTION.

10 (a) IN GENERAL.—The Secretary shall conduct a 11 study of structural and nonstructural flood damage reduc- 12 tion, stream bank protection, storm water management, 13 channel clearing and modification, and watershed coordi- 14 nation measures in the Mahoning River basin, Pennsyl- 15 vania, the Allegheny River basin, Pennsylvania, and the 16 Upper Ohio River basin, Pennsylvania, to provide a level 17 of flood protection sufficient to prevent future losses to 18 communities located in such basins from flooding such as 19 occurred in September 2004, but not less than a 100-year 20 level of flood protection.

21 (b) PRIORITY COMMUNITIES.—In carrying out this 22 section, the Secretary shall give priority to the following 23 Pennsylvania communities: Marshall Township, Ross 24 Township, Shaler Township, Jackson Township, Har- 25 mony, Zelienople, Darlington Township, Houston Bor-

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3 SEC. 4078. WILLIAMSPORT, PENNSYLVANIA. 4 The Secretary shall conduct a study of the project 5 for flood control, Williamsport, Pennsylvania, authorized 6 by section 5 of the Flood Control Act of June 22, 1936 7 (49 Stat. 1570), to investigate measures to rehabilitate 8 the project.

9 SEC. 4079. YARDLEY BOROUGH, PENNSYLVANIA. 10 The Secretary shall conduct a study to determine the 11 feasibility of carrying out a project for flood damage re- 12 duction, at Yardley Borough, Pennsylvania, including the 13 alternative of raising River Road.

14 SEC. 4080. RIO VALENCIANO, JUNCOS, PUERTO RICO.

15 (a) IN GENERAL.—The Secretary shall conduct a 16 study to reevaluate the project for flood damage reduction 17 and water supply, Rio Valenciano, Juncos, Puerto Rico, 18 authorized by section 209 of the Flood Control Act of 19 1962 (76 Stat. 1197) and section 204 of the Flood Con- 20 trol Act of 1970 (84 Stat. 1828), to determine the feasi- 21 bility of carrying out the project.

22 (b) CREDIT.—The Secretary shall credit toward the 23 non-Federal share of the cost of the study the cost of work 24 carried out by the non-Federal interest before the date of

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3 SEC. 4081. WOONSOCKET LOCAL PROTECTION PROJECT,

4 BLACKSTONE RIVER BASIN, RHODE ISLAND. 5 The Secretary shall conduct a study, and, not later 6 than June 30, 2008, submit to Congress a report that de- 7 scribes the results of the study, on the flood damage re- 8 duction project, Woonsocket, Blackstone River basin, 9 Rhode Island, authorized by section 10 of the Flood Con- 10 trol Act of December 22, 1944 (58 Stat. 892), to deter- 11 mine the measures necessary to restore the level of protec- 12 tion of the project as originally designed and constructed.

13 SEC. 4082. CROOKED CREEK, BENNETTSVILLE, SOUTH

14 CAROLINA. 15 The Secretary shall conduct a study to determine the 16 feasibility of carrying out a project for water supply, 17 Crooked Creek, Bennettsville, South Carolina.

18 SEC. 4083. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA. 19 The Secretary shall conduct a study to determine the 20 feasibility of carrying out a project for water supply, 21 Broad River, York County, South Carolina.

22 SEC. 4084. SAVANNAH RIVER, SOUTH CAROLINA AND GEOR-

23 GIA.

24 (a) IN GENERAL.—The Secretary shall determine the 25 feasibility of carrying out projects—

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11 (b) FACTORS FOR CONSIDERATION.—In making a 12 determination under subsection (a), the Secretary shall 13 take into consideration— 14 (1) landside infrastructure; 15 (2) the provision of any additional dredged ma- 16 terial disposal area as a consequence of removing 17 from the proposed Jasper County port site the ease- 18 ments used by the Corps of Engineers for placement 19 of dredged fill materials for the Savannah Harbor 20 Federal navigation project; and 21 (3) the results of the proposed bistate compact 22 between the State of Georgia and the State of South 23 Carolina to own, develop, and operate port facilities 24 at the proposed Jasper County port site, as de- 25 scribed in the term sheet executed by the Governor

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3 SEC. 4085. CHATTANOOGA, TENNESSEE. 4 The Secretary shall conduct a study to determine the 5 feasibility of carrying out a project for flood damage re- 6 duction, Chattanooga Creek, Dobbs Branch, Chattanooga, 7 Tennessee.

8 SEC. 4086. CLEVELAND, TENNESSEE. 9 The Secretary shall conduct a study to determine the 10 feasibility of carrying out a project for flood damage re- 11 duction, Cleveland, Tennessee.

12 SEC. 4087. CUMBERLAND RIVER, NASHVILLE, TENNESSEE. 13 The Secretary shall conduct a study to determine the 14 feasibility of carrying out a project for recreation on, river- 15 bank protection for, and environmental protection of, the 16 Cumberland River and riparian habitats in the city of 17 Nashville and Davidson County, Tennessee.

18 SEC. 4088. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TEN-

19 NESSEE. 20 The Secretary shall conduct a study to determine the 21 feasibility of carrying out a project for water supply for 22 Lewis, Lawrence, and Wayne Counties, Tennessee.

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2 PHIS, TENNESSEE. 3 The Secretary shall conduct a study to determine the 4 feasibility of carrying out a project for flood damage re- 5 duction along Wolf River and Nonconnah Creek, in the 6 vicinity of Memphis, Tennessee, to include the repair, re- 7 placement, rehabilitation, and restoration of the following 8 pumping stations: Cypress Creek, Nonconnah Creek, 9 Ensley, Marble Bayou, and Bayou Gayoso.

10 SEC. 4090. ABILENE, TEXAS. 11 The Secretary shall conduct a study to determine the 12 feasibility of carrying out a project for water supply, Abi- 13 lene, Texas.

14 SEC. 4091. COASTAL TEXAS ECOSYSTEM PROTECTION AND

15 RESTORATION, TEXAS.

16 (a) IN GENERAL.—The Secretary shall develop a 17 comprehensive plan to determine the feasibility of carrying 18 out projects for flood damage reduction, hurricane and 19 storm damage reduction, and ecosystem restoration in the 20 coastal areas of the State of Texas.

21 (b) SCOPE.—The comprehensive plan shall provide 22 for the protection, conservation, and restoration of wet- 23 lands, barrier islands, shorelines, and related lands and 24 features that protect critical resources, habitat, and infra- 25 structure from the impacts of coastal storms, hurricanes, 26 erosion, and subsidence.

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1 (c) DEFINITION.—For purposes of this section, the 2 term ‘‘coastal areas in the State of Texas’’ means the 3 coastal areas of the State of Texas from the Sabine River 4 on the east to the Rio Grande River on the west and in- 5 cludes tidal waters, barrier islands, marshes, coastal wet- 6 lands, rivers and streams, and adjacent areas.

7 SEC. 4092. PORT OF GALVESTON, TEXAS. 8 The Secretary shall conduct a study of the feasibility 9 of carrying out a project for dredged material disposal in 10 the vicinity of the project for navigation and environ- 11 mental restoration, Houston-Galveston Navigation Chan- 12 nels, Texas, authorized by section 101(a)(30) of the Water 13 Resources Development Act of 1996 (110 Stat. 3666).

14 SEC. 4093. GRAND COUNTY AND MOAB, UTAH. 15 The Secretary shall conduct a study to determine the 16 feasibility of carrying out a project for water supply for 17 Grand County and the city of Moab, Utah, including a 18 review of the impact of current and future demands on 19 the Spanish Valley Aquifer.

20 SEC. 4094. SOUTHWESTERN UTAH. 21 The Secretary shall conduct a study to determine the 22 feasibility of carrying out a project for flood damage re- 23 duction, Santa Clara River, Washington, Iron, and Kane 24 Counties, Utah.

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2 DAMS, VERMONT.

3 (a) IN GENERAL.—The Secretary shall conduct a 4 study of the potential to carry out ecosystem restoration 5 and hydropower generation at dams in the State of 6 Vermont, including a review of the report of the Secretary 7 on the land and water resources of the New England–New 8 York region submitted to the President on April 27, 1956 9 (published as Senate Document Number 14, 85th Con- 10 gress), and other relevant reports.

11 (b) PURPOSE.—The purpose of the study under sub- 12 section (a) shall be to determine the feasibility of providing 13 water resource improvements and small-scale hydropower 14 generation in the State of Vermont, including, as appro- 15 priate, options for dam restoration, hydropower, dam re- 16 moval, and fish passage enhancement.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to carry out this section $500,000. Such sums 19 shall remain available until expended.

20 SEC. 4096. ELLIOTT BAY SEAWALL, SEATTLE, WASHINGTON.

21 (a) IN GENERAL.—The study for rehabilitation of the 22 Elliott Bay Seawall, Seattle, Washington, being carried 23 out under Committee Resolution 2704 of the Committee 24 on Transportation and Infrastructure of the House of 25 Representatives adopted September 25, 2002, is modified

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3 (b) ACCEPTANCE OF CONTRIBUTIONS.—In carrying 4 out the study, the Secretary may accept contributions in 5 excess of the non-Federal share of the cost of the study 6 from the non-Federal interest to the extent that the Sec- 7 retary determines that the contributions will facilitate 8 completion of the study.

9 (c) CREDIT.—The Secretary shall credit toward the 10 non-Federal share of the cost of any project authorized 11 by law as a result of the study the value of contributions 12 accepted by the Secretary under subsection (b).

13 SEC. 4097. MONONGAHELA RIVER BASIN, NORTHERN WEST

14 VIRGINIA. 15 The Secretary shall conduct a study to determine the 16 feasibility of carrying out aquatic ecosystem restoration 17 and protection projects in the watersheds of the 18 Monongahela River Basin lying within the counties of 19 Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, 20 Doddridge, Monongalia, Marion, Harrison, Taylor, 21 Barbour, Preston, Tucker, Mineral, Grant, Gilmer, 22 Brooke, and Rithchie, West Virginia.

23 SEC. 4098. KENOSHA HARBOR, WISCONSIN. 24 The Secretary shall conduct a study to determine the 25 feasibility of carrying out a project for navigation, Keno-

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3 SEC. 4099. JOHNSONVILLE DAM, JOHNSONVILLE, WIS-

4 CONSIN. 5 The Secretary shall conduct a study of the 6 Johnsonville Dam, Johnsonville, Wisconsin, to determine 7 if the structure prevents ice jams on the Sheboygan River.

8 SEC. 4100. WAUWATOSA, WISCONSIN. 9 The Secretary shall conduct a study to determine the 10 feasibility of carrying out a project for flood damage re- 11 duction and environmental restoration, Menomonee River 12 and Underwood Creek, Wauwatosa, Wisconsin, and great- 13 er Milwaukee watersheds, Wisconsin.

14 SEC. 4101. DEBRIS REMOVAL.

15 (a) EVALUATION.—

16 (1) IN GENERAL.—Not later than 90 days after 17 the date of enactment of this Act, the Comptroller 18 General of the United States, in coordination with 19 the Secretary and the Administrator of the Environ- 20 mental Protection Agency, and in consultation with 21 affected communities, shall conduct a complete eval- 22 uation of Federal and non-Federal demolition, debris 23 removal, segregation, transportation, and disposal 24 practices relating to disaster areas designated in re-

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3 (2) INCLUSIONS.—The evaluation under para- 4 graph (1) shall include a review of— 5 (A) compliance with all applicable environ- 6 mental laws; 7 (B) permits issued or required to be issued 8 with respect to debris handling, transportation, 9 storage, or disposal; and 10 (C) administrative actions relating to de- 11 bris removal and disposal in the disaster areas 12 described in paragraph (1).

13 (b) REPORT.—Not later than 120 days after the date 14 of enactment of this Act, the Comptroller General, in con- 15 sultation with the Secretary and the Administrator, shall 16 submit to the Committee on the Environment and Public 17 Works of the Senate and the Committee on Transpor- 18 tation and Infrastructure of the House of Representatives 19 a report that— 20 (1) describes the findings of the Comptroller 21 General with respect to the evaluation under sub- 22 section (a); 23 (2)(A) certifies compliance with all applicable 24 environmental laws; and

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18 (c) RESTRICTION.—

19 (1) IN GENERAL.—No Federal funds may be 20 used to pay for or reimburse any State or local enti- 21 ty in Louisiana for the disposal of construction and 22 demolition debris generated as a result of Hurricane 23 Katrina in 2005 in a landfill designated for con- 24 struction and demolition debris as described in sec- 25 tion 257.2 of title 40, Code of Federal Regulations,

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5 (2) APPLICABILITY.—The restriction in para- 6 graph (1) shall apply only to any disposal that oc- 7 curs after the date of enactment of this Act. 8 TITLE V—MISCELLANEOUS

9 SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS.

10 (a) IN GENERAL.—Upon request of a non-Federal in- 11 terest, the Secretary shall be responsible for maintenance 12 of the following navigation channels and breakwaters con- 13 structed or improved by the non-Federal interest if the 14 Secretary determines that such maintenance is economi- 15 cally justified and environmentally acceptable and that the 16 channel or breakwater was constructed in accordance with 17 applicable permits and appropriate engineering and design 18 standards: 19 (1) Manatee Harbor basin, Florida. 20 (2) Tampa Harbor, Sparkman Channel and 21 Davis Island, Florida. 22 (3) West turning basin, Canaveral Harbor, 23 Florida. 24 (4) Bayou LaFourche Channel, Port Fourchon, 25 Louisiana.

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12 (b) COMPLETION OF ASSESSMENT.—Not later than 13 6 months after the date of receipt of a request from a 14 non-Federal interest for Federal assumption of mainte- 15 nance of a channel listed in subsection (a), the Secretary 16 shall make a determination as provided in subsection (a) 17 and advise the non-Federal interest of the Secretary’s de- 18 termination.

19 SEC. 5002. WATERSHED MANAGEMENT.

20 (a) IN GENERAL.—The Secretary may provide tech- 21 nical, planning, and design assistance to non-Federal in- 22 terests for carrying out watershed management, restora- 23 tion, and development projects at the locations described 24 in subsection (d).

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1 (b) SPECIFIC MEASURES.—Assistance provided 2 under subsection (a) may be in support of non-Federal 3 projects for the following purposes: 4 (1) Management and restoration of water qual- 5 ity. 6 (2) Control and remediation of toxic sediments. 7 (3) Restoration of degraded streams, rivers, 8 wetlands, and other water bodies to their natural 9 condition as a means to control flooding, excessive 10 erosion, and sedimentation. 11 (4) Protection and restoration of watersheds, 12 including urban watersheds. 13 (5) Demonstration of technologies for non- 14 structural measures to reduce destructive impacts of 15 flooding.

16 (c) NON-FEDERAL SHARE.—The non-Federal share 17 of the cost of assistance provided under subsection (a) 18 shall be 25 percent.

19 (d) PROJECT LOCATIONS.—The locations referred to 20 in subsection (a) are the following: 21 (1) Charlotte Harbor watershed, Florida. 22 (2) Those portions of the watersheds of the 23 Chattahoochee, Etowah, Flint, Ocmulgee, and 24 Oconee Rivers lying within the counties of Bartow, 25 Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas,

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4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 5 authorized to be appropriated to carry out this section 6 $15,000,000.

7 SEC. 5003. DAM SAFETY.

8 (a) ASSISTANCE.—The Secretary may provide assist- 9 ance to enhance dam safety at the following locations: 10 (1) Fish Creek Dam, Blaine County, Idaho. 11 (2) Keith Creek, Rockford, Illinois. 12 (3) Mount Zion Mill Pond Dam, Fulton Coun- 13 ty, Indiana. 14 (4) Hamilton Dam, Flint River, Flint, Michi- 15 gan. 16 (5) Congers Lake Dam, Rockland County, New 17 York. 18 (6) Lake Lucille Dam, New City, New York. 19 (7) Peconic River Dams, town of Riverhead, 20 Suffolk, Long Island, New York. 21 (8) Pine Grove Lakes Dam, Sloatsburg, New 22 York. 23 (9) State Dam, Auburn, New York. 24 (10) Whaley Lake Dam, Pawling, New York.

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11 (b) SPECIAL RULE.—The assistance provided under 12 subsection (a) for State Dam, Auburn, New York, shall 13 be for a project for rehabilitation in accordance with the 14 report on State Dam Rehabilitation, Owasco Lake Outlet, 15 New York, dated March 1999, if the Secretary determines 16 that the project is feasible.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated to carry out subsection (a) 19 $12,000,000.

20 SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS.

21 (a) IN GENERAL.—Upon request of a non-Federal in- 22 terest, the Secretary shall evaluate the structural integrity 23 and effectiveness of a project for flood damage reduction 24 and, if the Secretary determines that the project does not 25 meet such minimum standards as the Secretary may es-

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5 (b) PRIORITY.—The Secretary shall carry out an 6 evaluation and take such actions as may be necessary 7 under subsection (a) for the project for flood damage re- 8 duction, Arkansas River Levees, Arkansas.

9 SEC. 5005. FLOOD MITIGATION PRIORITY AREAS.

10 (a) IN GENERAL.—Section 212(e) of the Water Re- 11 sources Development Act of 1999 (33 U.S.C. 2332(e); 114 12 Stat. 2599) is amended— 13 (1) by striking ‘‘and’’ at the end of paragraphs 14 (23) and (27); 15 (2) by striking the period at the end of para- 16 graph (28) and inserting a semicolon; and 17 (3) by adding at the end the following: 18 ‘‘(29) Ascension Parish, Louisiana; 19 ‘‘(30) East Baton Rouge Parish, Louisiana; 20 ‘‘(31) Iberville Parish, Louisiana; 21 ‘‘(32) Livingston Parish, Louisiana; and 22 ‘‘(33) Pointe Coupee Parish, Louisiana.’’.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 24 212(i)(1) of such Act (33 U.S.C. 2332(i)(1)) is amended

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3 SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED

4 PROJECTS.

5 (a) IN GENERAL.—Section 219(e) of the Water Re- 6 sources Development Act of 1992 (106 Stat. 4835; 110 7 Stat. 3757; 113 Stat. 334) is amended— 8 (1) by striking ‘‘and’’ at the end of paragraph 9 (7); 10 (2) by striking the period at the end of para- 11 graph (8) and inserting a semicolon; and 12 (3) by adding at the end the following: 13 ‘‘(9) $35,000,000 for the project described in 14 subsection (c)(18); 15 ‘‘(10) $27,000,000 for the project described in 16 subsection (c)(19); 17 ‘‘(11) $20,000,000 for the project described in 18 subsection (c)(20); 19 ‘‘(12) $35,000,000 for the project described in 20 subsection (c)(23); 21 ‘‘(13) $20,000,000 for the project described in 22 subsection (c)(25); 23 ‘‘(14) $20,000,000 for the project described in 24 subsection (c)(26);

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7 (b) EAST ARKANSAS ENTERPRISE COMMUNITY, AR-

8 KANSAS.—Federal assistance made available under the 9 rural enterprise zone program of the Department of Agri- 10 culture may be used toward payment of the non-Federal 11 share of the costs of the project described in section 12 219(c)(20) of the Water Resources Development Act of 13 1992 (114 Stat. 2763A–219) if such assistance is author- 14 ized to be used for such purposes.

15 SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND

16 CONSTRUCTION FOR CERTAIN PROJECTS. 17 The Secretary shall expedite completion of the re- 18 ports and, if the Secretary determines that the project is 19 feasible, shall expedite completion of construction for the 20 following projects: 21 (1) Project for navigation, Whittier, Alaska. 22 (2) Laguna Creek watershed flood damage re- 23 duction project, California. 24 (3) Daytona Beach shore protection project, 25 Florida.

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9 SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CER-

10 TAIN PROJECTS.

11 (a) IN GENERAL.—The Secretary shall expedite com- 12 pletion of the reports for the following projects and, if the 13 Secretary determines that a project is justified in the com- 14 pleted report, proceed directly to project preconstruction, 15 engineering, and design: 16 (1) Project for water supply, Little Red River, 17 Arkansas. 18 (2) Watershed study, Fountain Creek, north of 19 Pueblo, Colorado. 20 (3) Project for shoreline stabilization at 21 Egmont Key, Florida. 22 (4) Project for navigation, Sabine-Neches Wa- 23 terway, Texas and Louisiana. 24 (5) Project for ecosystem restoration, Univer- 25 sity Lake, Baton Rouge, Louisiana.

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1 (b) SPECIAL RULE FOR EGMONT KEY, FLORIDA.— 2 In carrying out the project for shoreline stabilization at 3 Egmont Key, Florida, referred to in subsection (a)(3), the 4 Secretary shall waive any cost share to be provided by non- 5 Federal interests for any portion of the project that bene- 6 fits federally owned property.

7 SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESS-

8 MENT.

9 (a) IN GENERAL.—The Secretary shall conduct, at 10 Federal expense, an assessment of the water resources 11 needs of the river basins and watersheds of the south- 12 eastern United States.

13 (b) COOPERATIVE AGREEMENTS.—In carrying out 14 the assessment, the Secretary may enter into cooperative 15 agreements with State and local agencies, non-Federal 16 and nonprofit entities, and regional researchers.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated $7,000,000 to carry out this 19 section.

20 SEC. 5010. MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN-

21 HANCEMENT PROJECT. 22 Section 514 of the Water Resources Development Act 23 of 1999 (113 Stat. 343; 117 Stat. 142) is amended— 24 (1) in subsection (b)(2)(A) by adding at the end 25 the following: ‘‘The Secretary shall ensure that such

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7 ‘‘(f) NONPROFIT ENTITIES.—In accordance with sec- 8 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 9 1962d–5b(b)), for any project or activity carried out under 10 this section, a non-Federal interest may include a non- 11 profit entity with the consent of the affected local govern- 12 ment.’’; 13 (4) in subsection (g) (as redesignated by para- 14 graph (2) of this section) by adding at the end the 15 following:

16 ‘‘(4) NON-FEDERAL SHARE.—

17 ‘‘(A) IN GENERAL.—The non-Federal 18 share of the costs of activities carried out under 19 the plan may be provided— 20 ‘‘(i) in cash; 21 ‘‘(ii) by the provision of land, ease- 22 ments, rights-of-way, relocations, or dis- 23 posal areas; 24 ‘‘(iii) by in-kind services to implement 25 the project; or

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2 ‘‘(B) PRIVATE OWNERSHIP.—Land needed 3 for activities carried out under the plan and 4 credited toward the non-Federal share of the 5 cost of an activity may remain in private owner- 6 ship subject to easements that are— 7 ‘‘(i) satisfactory to the Secretary; and 8 ‘‘(ii) necessary to ensure achievement 9 of the project purposes.’’; and 10 (5) in subsection (h) (as redesignated by para- 11 graph (2) of this section) by striking ‘‘for the period 12 of fiscal years 2003 and 2004.’’ and inserting ‘‘per 13 fiscal year through fiscal year 2015.’’.

14 SEC. 5011. GREAT LAKES FISHERY AND ECOSYSTEM RES-

15 TORATION PROGRAM.

16 (a) GREAT LAKES FISHERY AND ECOSYSTEM RES-

17 TORATION.—Section 506(c) of the Water Resources De- 18 velopment Act of 2000 (42 U.S.C. 1962d–22(c)) is 19 amended— 20 (1) by redesignating paragraphs (2) and (3) as 21 paragraphs (3) and (4), respectively; 22 (2) by inserting after paragraph (1) the fol- 23 lowing:

24 ‘‘(2) RECONNAISSANCE STUDIES.—Before plan- 25 ning, designing, or constructing a project under

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12 (b) COST SHARING.—Section 506(f) of the Water Re- 13 sources Development Act of 2000 (42 U.S.C. 1962d– 14 22(f)) is amended— 15 (1) in paragraph (2)— 16 (A) by striking ‘‘The Federal share’’ and 17 inserting ‘‘Except for reconnaissance studies, 18 the Federal share’’; and 19 (B) by striking ‘‘(2) or (3)’’ and inserting 20 ‘‘(3) or (4)’’; 21 (2) in paragraph (3)— 22 (A) in subparagraph (A) by striking ‘‘sub- 23 section (c)(2)’’ and inserting ‘‘subsection 24 (c)(3)’’; and

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5 SEC. 5012. GREAT LAKES REMEDIAL ACTION PLANS AND

6 SEDIMENT REMEDIATION. 7 Section 401(c) of the Water Resources Development 8 Act of 1990 (33 U.S.C. 1268 note; 104 Stat. 4644; 114 9 Stat. 2613) is amended by striking ‘‘through 2006’’ and 10 inserting ‘‘through 2012’’.

11 SEC. 5013. GREAT LAKES TRIBUTARY MODELS. 12 Section 516(g)(2) of the Water Resources Develop- 13 ment Act of 1996 (33 U.S.C. 2326b(g)(2)) is amended 14 by striking ‘‘through 2006’’ and inserting ‘‘through 15 2012’’.

16 SEC. 5014. GREAT LAKES NAVIGATION AND PROTECTION.

17 (a) GREAT LAKES NAVIGATION.—Using available 18 funds, the Secretary shall expedite the operation and 19 maintenance, including dredging, of the navigation fea- 20 tures of the Great Lakes and Connecting Channels for the 21 purpose of supporting commercial navigation to author- 22 ized project depths.

23 (b) GREAT LAKES PILOT PROJECT.—Using available 24 funds, the Director of the Animal and Plant Health In- 25 spection Service, in coordination with the Secretary, the

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7 (c) GREAT LAKES AND CONNECTING CHANNELS DE-

8 FINED.—In this section, the term ‘‘Great Lakes and Con- 9 necting Channels’’ includes Lakes Superior, Huron, Michi- 10 gan, Erie, and Ontario, all connecting waters between and 11 among such lakes used for commercial navigation, any 12 navigation features in such lakes or waters that are a Fed- 13 eral operation or maintenance responsibility, and areas of 14 the Saint Lawrence River that are operated or maintained 15 by the Federal Government for commercial navigation.

16 SEC. 5015. SAINT LAWRENCE SEAWAY.

17 (a) IN GENERAL.—The Secretary is authorized, 18 using amounts contributed by the Saint Lawrence Seaway 19 Development Corporation under subsection (b), to carry 20 out projects for operations, maintenance, repair, and reha- 21 bilitation, including associated maintenance dredging, of 22 the Eisenhower and Snell lock facilities and related navi- 23 gational infrastructure for the Saint Lawrence Seaway, at 24 a total cost of $134,650,000.

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1 (b) SOURCE OF FUNDS.—The Secretary is authorized 2 to accept funds from the Saint Lawrence Seaway Develop- 3 ment Corporation to carry out projects under this section. 4 Such funds may include amounts made available to the 5 Corporation from the Harbor Maintenance Trust Fund 6 and the general fund of the Treasury of the United States 7 pursuant to section 210 of the Water Resources Develop- 8 ment Act of 1986 (33 U.S.C. 2238).

9 (c) LIMITATION ON STATUTORY CONSTRUCTION.— 10 Nothing in this section authorizes the construction of any 11 project to increase the depth or width of the navigation 12 channel to a level greater than that previously authorized 13 and existing on the date of enactment of this Act or to 14 increase the dimensions of the Eisenhower and Snell lock 15 facilities.

16 SEC. 5016. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER

17 PROJECT.

18 (a) IN GENERAL.—The Secretary, in consultation 19 with appropriate Federal and State agencies, shall study, 20 design, and carry out a project to delay, deter, impede, 21 or restrict the dispersal of aquatic nuisance species into 22 the northern reaches of the Upper Mississippi River sys- 23 tem. The Secretary shall complete the study, design, and 24 construction of the project not later than 6 months after 25 the date of enactment of this Act.

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1 (b) DISPERSAL BARRIER.—In carrying out sub- 2 section (a), the Secretary, at Federal expense, shall— 3 (1) investigate and identify environmentally 4 sound methods for preventing and reducing the dis- 5 persal of aquatic nuisance species through the north- 6 ern reaches of the Upper Mississippi River system; 7 (2) use available technologies and measures; 8 (3) monitor and evaluate, in cooperation with 9 the Director of the United States Fish and Wildlife 10 Service, the effectiveness of the project in preventing 11 and reducing the dispersal of aquatic nuisance spe- 12 cies through the northern reaches of the Upper Mis- 13 sissippi River system; 14 (4) submit to the Committee on Transportation 15 and Infrastructure of the House of Representatives 16 and the Committee on Environment and Public 17 Works of the Senate a report on the results of the 18 evaluation conducted under paragraph (3); and 19 (5) operate and maintain the project.

20 (c) REQUIREMENT.—In conducting the study under 21 subsection (a), the Secretary shall take into consideration 22 the feasibility of locating the dispersal barrier at the lock 23 portion of the project at Lock and Dam 11 in the Upper 24 Mississippi River basin.

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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated $4,000,000 to carry out this 3 section.

4 SEC. 5017. ESTUARY RESTORATION.

5 (a) PURPOSES.—Section 102 of the Estuary Restora- 6 tion Act of 2000 (33 U.S.C. 2901) is amended— 7 (1) in paragraph (1) by inserting before the 8 semicolon at the end the following: ‘‘by imple- 9 menting a coordinated Federal approach to estuary 10 habitat restoration activities, including the use of 11 common monitoring standards and a common sys- 12 tem for tracking restoration acreage’’; 13 (2) in paragraph (2) by inserting ‘‘and imple- 14 ment’’ after ‘‘to develop’’; and 15 (3) in paragraph (3) by inserting ‘‘through co- 16 operative agreements’’ after ‘‘restoration projects’’.

17 (b) DEFINITION OF ESTUARY HABITAT RESTORA-

18 TION PLAN.—Section 103(6)(A) of the Estuary Restora- 19 tion Act of 2000 (33 U.S.C. 2902(6)(A)) is amended by 20 striking ‘‘Federal or State’’ and inserting ‘‘Federal, State, 21 or regional’’.

22 (c) ESTUARY HABITAT RESTORATION PROGRAM.— 23 Section 104 of the Estuary Restoration Act of 2000 (33 24 U.S.C. 2903) is amended—

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13 ‘‘(A) IN GENERAL.—Except’’; and 14 (ii) by adding at the end the fol- 15 lowing:

16 ‘‘(B) MONITORING.—

17 ‘‘(i) COSTS.—The costs of monitoring 18 an estuary habitat restoration project 19 funded under this title may be included in 20 the total cost of the estuary habitat res- 21 toration project.

22 ‘‘(ii) GOALS.—The goals of the moni- 23 toring shall be— 24 ‘‘(I) to measure the effectiveness 25 of the restoration project; and

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12 ‘‘(1) IN GENERAL.—In carrying’’; and 13 (B) by adding at the end the following:

14 ‘‘(2) SMALL PROJECTS.—

15 ‘‘(A) SMALL PROJECT DEFINED.—In this 16 paragraph, the term ‘small project’ means a 17 project carried out under this title with an esti- 18 mated Federal cost of less than $1,000,000.

19 ‘‘(B) DELEGATION OF PROJECT IMPLE-

20 MENTATION.—In carrying out this section, the 21 Secretary, on recommendation of the Council, 22 may delegate implementation of a small project 23 to—

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10 ‘‘(C) FUNDING.—A small project delegated 11 to the head of a Federal department or agency 12 under this paragraph may be carried out using 13 funds appropriated to the department or agency 14 under section 109(a)(1) or other funds available 15 to the department or agency.

16 ‘‘(D) AGREEMENTS.—The head of a Fed- 17 eral department or agency to which a small 18 project is delegated under this paragraph shall 19 enter into an agreement with the non-Federal 20 interest for the project generally in conformance 21 with the criteria in subsections (d) and (e). Co- 22 operative agreements may be used for any dele- 23 gated project to allow the non-Federal interest 24 to carry out the project on behalf of the Federal 25 agency.’’.

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1 (d) ESTABLISHMENT OF ESTUARY HABITAT RES-

2 TORATION COUNCIL.—Section 105(b) of the Estuary Res- 3 toration Act of 2000 (33 U.S.C. 2904(b)) is amended— 4 (1) in paragraph (4) by striking ‘‘and’’ after 5 the semicolon; 6 (2) in paragraph (5) by striking the period at 7 the end and inserting a semicolon; and 8 (3) by adding at the end the following: 9 ‘‘(6) cooperating in the implementation of the 10 strategy developed under section 106; 11 ‘‘(7) recommending standards for monitoring 12 for restoration projects and contribution of project 13 information to the database developed under section 14 107; and 15 ‘‘(8) otherwise using the respective authorities 16 of the Council members to carry out this title.’’.

17 (e) MONITORING OF ESTUARY HABITAT RESTORA-

18 TION PROJECTS.—Section 107(d) of the Estuary Restora- 19 tion Act of 2000 (33 U.S.C. 2906(d)) is amended by strik- 20 ing ‘‘compile’’ and inserting ‘‘have general data compila- 21 tion, coordination, and analysis responsibilities to carry 22 out this title and in support of the strategy developed 23 under this section, including compilation of’’.

24 (f) REPORTING.—Section 108(a) of the Estuary Res- 25 toration Act of 2000 (33 U.S.C. 2907(a)) is amended by

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5 (g) FUNDING.—Section 109(a) of the Estuary Res- 6 toration Act of 2000 (33 U.S.C. 2908(a)) is amended— 7 (1) in paragraph (1)— 8 (A) in the matter preceding subparagraph 9 (A) by striking ‘‘to the Secretary’’; and 10 (B) by striking subparagraphs (A) through 11 (D) and inserting the following: 12 ‘‘(A) to the Secretary, $25,000,000 for 13 each of fiscal years 2008 through 2012; 14 ‘‘(B) to the Secretary of the Interior (act- 15 ing through the Director of the United States 16 Fish and Wildlife Service), $2,500,000 for each 17 of fiscal years 2008 through 2012; 18 ‘‘(C) to the Under Secretary for Oceans 19 and Atmosphere of the Department of Com- 20 merce, $2,500,000 for each of fiscal years 2008 21 through 2012; 22 ‘‘(D) to the Administrator of the Environ- 23 mental Protection Agency, $2,500,000 for each 24 of fiscal years 2008 through 2012; and

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10 (h) GENERAL PROVISIONS.—Section 110 of the Es- 11 tuary Restoration Act of 2000 (33 U.S.C. 2909) is amend- 12 ed— 13 (1) in subsection (b)(1)— 14 (A) by inserting ‘‘or contracts’’ after 15 ‘‘agreements’’; and 16 (B) by inserting ‘‘, nongovernmental orga- 17 nizations,’’ after ‘‘agencies’’; and 18 (2) by striking subsections (d) and (e).

19 SEC. 5018. MISSOURI RIVER AND TRIBUTARIES, MITIGA-

20 TION, RECOVERY, AND RESTORATION, IOWA,

21 KANSAS, MISSOURI, MONTANA, NEBRASKA,

22 NORTH DAKOTA, SOUTH DAKOTA, AND WYO-

23 MING.

24 (a) STUDY.—

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1 (1) IN GENERAL.—The Secretary, in consulta- 2 tion with the Missouri River Recovery Implementa- 3 tion Committee to be established under subsection 4 (b)(1), shall conduct a study of the Missouri River 5 and its tributaries to determine actions required— 6 (A) to mitigate losses of aquatic and ter- 7 restrial habitat; 8 (B) to recover federally listed species under 9 the Endangered Species Act of 1973 (16 U.S.C. 10 1531 et seq.); and 11 (C) to restore the ecosystem to prevent 12 further declines among other native species.

13 (2) FUNDING.—The study to be conducted 14 under paragraph (1) shall be funded using amounts 15 made available to carry out the Missouri River re- 16 covery and mitigation plan authorized by section 17 601(a) of the Water Resources Development Act of 18 1986 (100 Stat. 4143).

19 (b) MISSOURI RIVER RECOVERY IMPLEMENTATION

20 COMMITTEE.—

21 (1) ESTABLISHMENT.—Not later than 6 22 months after the date of enactment of this Act, the 23 Secretary shall establish a committee to be known as 24 the Missouri River Recovery Implementation Com-

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3 (2) MEMBERSHIP.—The Committee shall in- 4 clude representatives from— 5 (A) Federal agencies; 6 (B) States located near the Missouri River 7 basin; and 8 (C) other appropriate entities, as deter- 9 mined by the Secretary, including— 10 (i) water management and fish and 11 wildlife agencies; 12 (ii) Indian tribes located near the Mis- 13 souri River basin; and 14 (iii) nongovernmental stakeholders, 15 which may include— 16 (I) navigation interests; 17 (II) irrigation interests; 18 (III) flood control interests; 19 (IV) fish, wildlife, and conserva- 20 tion organizations; 21 (V) recreation interests; and 22 (VI) power supply interests.

23 (3) DUTIES.—The Committee shall— 24 (A) with respect to the study to be con- 25 ducted under subsection (a)(1), provide guid-

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13 (4) RECOMMENDATIONS AND GUIDANCE.—In 14 providing recommendations and guidance from the 15 Committee, the members of the Committee may in- 16 clude dissenting opinions.

17 (5) COMPENSATION; TRAVEL EXPENSES.—

18 (A) COMPENSATION.—Members of the 19 Committee shall not receive compensation from 20 the Secretary in carrying out the duties of the 21 Committee under this section.

22 (B) TRAVEL EXPENSES.—Travel expenses 23 incurred by a member of the Committee in car- 24 rying out the duties of the Committee under

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3 (c) NONAPPLICABILITY OF FACA.—The Federal Ad- 4 visory Committee Act (5 U.S.C. App.) shall not apply to 5 the Committee.

6 SEC. 5019. SUSQUEHANNA, DELAWARE, AND POTOMAC

7 RIVER BASINS, DELAWARE, MARYLAND,

8 PENNSYLVANIA, AND VIRGINIA.

9 (a) EX OFFICIO MEMBER.—Notwithstanding section 10 3001(a) of the 1997 Emergency Supplemental Appropria- 11 tions Act for Recovery From Natural Disasters, and for 12 Overseas Peacekeeping Efforts, Including Those in Bosnia 13 (Public Law 105–18; 111 Stat. 176), section 2.2 of the 14 Susquehanna River Basin Compact to which consent was 15 given by Public Law 91–575 (84 Stat. 1512), and section 16 2.2 of the Delaware River Basin Compact to which con- 17 sent was given by Public Law 87–328 (75 Stat. 691), be- 18 ginning in fiscal year 2002, and each fiscal year there- 19 after, the Division Engineer, North Atlantic Division, 20 Corps of Engineers— 21 (1) shall be— 22 (A) the ex officio United States member of 23 the Susquehanna River Basin Compact and the 24 Delaware River Basin Compact; and

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9 (b) AUTHORIZATION TO ALLOCATE.—The Secretary 10 shall allocate funds to the Susquehanna River Basin Com- 11 mission, Delaware River Basin Commission, and the 12 Interstate Commission on the Potomac River Basin to ful- 13 fill the equitable funding requirements of the respective 14 interstate compacts.

15 (c) WATER SUPPLY AND CONSERVATION STORAGE,

16 DELAWARE RIVER BASIN.—

17 (1) IN GENERAL.—The Secretary shall enter 18 into an agreement with the Delaware River Basin 19 Commission to provide temporary water supply and 20 conservation storage at the Francis E. Walter Dam, 21 Pennsylvania, for any period during which the Com- 22 mission has determined that a drought warning or 23 drought emergency exists.

24 (2) LIMITATION.—The agreement shall provide 25 that the cost for water supply and conservation stor-

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4 (d) WATER SUPPLY AND CONSERVATION STORAGE,

5 SUSQUEHANNA RIVER BASIN.—

6 (1) IN GENERAL.—The Secretary shall enter 7 into an agreement with the Susquehanna River 8 Basin Commission to provide temporary water sup- 9 ply and conservation storage at Federal facilities op- 10 erated by the Corps of Engineers in the Susque- 11 hanna River basin for any period for which the Com- 12 mission has determined that a drought warning or 13 drought emergency exists.

14 (2) LIMITATION.—The agreement shall provide 15 that the cost for water supply and conservation stor- 16 age under paragraph (1) shall not exceed the incre- 17 mental operating costs associated with providing the 18 storage.

19 (e) WATER SUPPLY AND CONSERVATION STORAGE,

20 POTOMAC RIVER BASIN.—

21 (1) IN GENERAL.—The Secretary shall enter 22 into an agreement with the Interstate Commission 23 on the Potomac River Basin to provide temporary 24 water supply and conservation storage at Federal fa- 25 cilities operated by the Corps of Engineers in the

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4 (2) LIMITATION.—The agreement shall provide 5 that the cost for water supply and conservation stor- 6 age under paragraph (1) shall not exceed the incre- 7 mental operating costs associated with providing the 8 storage.

9 SEC. 5020. CHESAPEAKE BAY ENVIRONMENTAL RESTORA-

10 TION AND PROTECTION PROGRAM.

11 (a) FORM OF ASSISTANCE.—Section 510(a)(2) of the 12 Water Resources Development Act of 1996 (110 Stat. 13 3759) is amended by striking ‘‘, and beneficial uses of 14 dredged material’’ and inserting ‘‘, beneficial uses of 15 dredged material, and restoration of submerged aquatic 16 vegetation’’.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 18 510(i) of such Act (110 Stat. 3761) is amended by strik- 19 ing ‘‘$10,000,000’’ and inserting ‘‘$40,000,000’’.

20 SEC. 5021. CHESAPEAKE BAY OYSTER RESTORATION, VIR-

21 GINIA AND MARYLAND. 22 Section 704(b) of the Water Resources Development 23 Act of 1986 (33 U.S.C. 2263(b)) is amended— 24 (1) by redesignating paragraph (2) as para- 25 graph (4);

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7 ‘‘(2) INCLUSIONS.—Such projects’’; 8 (3) by striking paragraph (2)(D) (as redesig- 9 nated by paragraph (2)(B) of this subsection) and 10 inserting the following: 11 ‘‘(D) the restoration and rehabilitation of 12 habitat for fish, including native oysters, in the 13 Chesapeake Bay and its tributaries in Virginia 14 and Maryland, including— 15 ‘‘(i) the construction of oyster bars 16 and reefs; 17 ‘‘(ii) the rehabilitation of existing 18 marginal habitat; 19 ‘‘(iii) the use of appropriate alter- 20 native substrate material in oyster bar and 21 reef construction; 22 ‘‘(iv) the construction and upgrading 23 of oyster hatcheries; and 24 ‘‘(v) activities relating to increasing 25 the output of native oyster broodstock for

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3 ‘‘(3) RESTORATION AND REHABILITATION AC-

4 TIVITIES.—The restoration and rehabilitation activi- 5 ties described in paragraph (2)(D) shall be— 6 ‘‘(A) for the purpose of establishing per- 7 manent sanctuaries and harvest management 8 areas; and 9 ‘‘(B) consistent with plans and strategies 10 for guiding the restoration of the Chesapeake 11 Bay oyster resource and fishery.’’; and 12 (4) by adding at the end the following:

13 ‘‘(5) DEFINITION OF ECOLOGICAL SUCCESS.— 14 In this subsection, the term ‘ecological success’ 15 means— 16 ‘‘(A) achieving a tenfold increase in native 17 oyster biomass by the year 2010, from a 1994 18 baseline; and 19 ‘‘(B) the establishment of a sustainable 20 fishery as determined by a broad scientific and 21 economic consensus.’’.

22 SEC. 5022. HYPOXIA ASSESSMENT. 23 The Secretary may participate with Federal, State, 24 and local agencies, non-Federal and nonprofit entities, re-

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3 SEC. 5023. POTOMAC RIVER WATERSHED ASSESSMENT AND

4 TRIBUTARY STRATEGY EVALUATION AND

5 MONITORING PROGRAM. 6 The Secretary may participate in the Potomac River 7 watershed assessment and tributary strategy evaluation 8 and monitoring program to identify a series of resource 9 management indicators to accurately monitor the effec- 10 tiveness of the implementation of the agreed upon tribu- 11 tary strategies and other public policies that pertain to 12 natural resource protection of the Potomac River water- 13 shed.

14 SEC. 5024. LOCK AND DAM SECURITY.

15 (a) STANDARDS.—The Secretary, in consultation 16 with the Federal Emergency Management Agency, the 17 Tennessee Valley Authority, and the Coast Guard, shall 18 develop standards for the security of locks and dams, in- 19 cluding the testing and certification of vessel exclusion 20 barriers.

21 (b) SITE SURVEYS.—At the request of a lock or dam 22 owner, the Secretary shall provide technical assistance, on 23 a reimbursable basis, to improve lock or dam security.

24 (c) COOPERATIVE AGREEMENT.—The Secretary may 25 enter into a cooperative agreement with a nonprofit alli-

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5 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 6 authorized to be appropriated $3,000,000 to carry out this 7 section.

8 SEC. 5025. RESEARCH AND DEVELOPMENT PROGRAM FOR

9 COLUMBIA AND SNAKE RIVER SALMON SUR-

10 VIVAL. 11 Section 511 of the Water Resources Development Act 12 of 1996 (16 U.S.C. 3301 note; 110 Stat. 3761; 113 Stat. 13 375) is amended— 14 (1) in subsection (a)(6) by striking 15 ‘‘$10,000,000’’ and inserting ‘‘$25,000,000’’; and 16 (2) in subsection (c)(2) by striking 17 ‘‘$1,000,000’’ and inserting ‘‘$10,000,000’’.

18 SEC. 5026. WAGE SURVEYS. 19 Employees of the Corps of Engineers who are paid 20 wages determined under the last undesignated paragraph 21 under the heading ‘‘Administrative Provisions’’ of chapter 22 V of the Supplemental Appropriations Act, 1982 (5 U.S.C. 23 5343 note; 96 Stat. 832) shall be allowed, through appro- 24 priate employee organization representatives, to partici- 25 pate in wage surveys under such paragraph to the same

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5 SEC. 5027. REHABILITATION. 6 The Secretary, at Federal expense and in an amount 7 not to exceed $1,000,000, shall rehabilitate and improve 8 the water-related infrastructure and the transportation in- 9 frastructure for the historic property in the Anacostia 10 River watershed located in the District of Columbia, in- 11 cluding measures to address wet weather conditions. To 12 carry out this section, the Secretary shall accept funds 13 provided for such project under any other Federal pro- 14 gram.

15 SEC. 5028. AUBURN, ALABAMA. 16 The Secretary may provide technical assistance relat- 17 ing to water supply to Auburn, Alabama. There is author- 18 ized to be appropriated $5,000,000 to carry out this sec- 19 tion.

20 SEC. 5029. PINHOOK CREEK, HUNTSVILLE, ALABAMA.

21 (a) PROJECT AUTHORIZATION.—The Secretary shall 22 design and construct the locally preferred plan for flood 23 protection at Pinhook Creek, Huntsville, Alabama. In car- 24 rying out the project, the Secretary shall utilize, to the 25 extent practicable, the existing detailed project report for

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3 (b) PARTICIPATION BY NON-FEDERAL INTEREST.— 4 The Secretary shall allow the non-Federal interest to par- 5 ticipate in the financing of the project in accordance with 6 section 903(c) of the Water Resources Development Act 7 of 1986 (100 Stat. 4184) if the detailed project report 8 evaluation indicates that applying such section is nec- 9 essary to implement the project.

10 (c) CREDIT.—The Secretary shall credit, in accord- 11 ance with section 221 of the Flood Control Act of 1970 12 (42 U.S.C. 1962d–5b), toward the non-Federal share of 13 the cost of the project the cost of work carried out by 14 the non-Federal interest before the date of the partnership 15 agreement for the project.

16 SEC. 5030. ALASKA. 17 Section 570 of the Water Resources Development Act 18 of 1999 (113 Stat. 369) is amended— 19 (1) in subsection (c) by inserting ‘‘environ- 20 mental restoration,’’ after ‘‘water supply and related 21 facilities,’’; 22 (2) in subsection (e)(3)(B) by striking the last 23 sentence; 24 (3) in subsection (h) by striking ‘‘$25,000,000’’ 25 and inserting ‘‘$45,000,000’’; and

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2 ‘‘(i) NONPROFIT ENTITIES.—In accordance with sec- 3 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 4 1962d–5b(b)), for any project carried out under this sec- 5 tion, a non-Federal interest may include a nonprofit entity 6 with the consent of the affected local government.

7 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Not more 8 than 10 percent of the amounts appropriated to carry out 9 this section may be used by the Corps of Engineers district 10 offices to administer projects under this section at Federal 11 expense.’’.

12 SEC. 5031. BARROW, ALASKA. 13 The Secretary shall carry out, under section 117 of 14 the Energy and Water Development Appropriations Act, 15 2005 (118 Stat. 2944), a nonstructural project for coastal 16 erosion and storm damage prevention and reduction at 17 Barrow, Alaska, including relocation of infrastructure.

18 SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, ALASKA.

19 (a) LONG-TERM MAINTENANCE AND REPAIR.—

20 (1) MAINTENANCE AND REPAIR.—The Sec- 21 retary shall assume responsibility for the long-term 22 maintenance and repair of the Lowell Creek tunnel, 23 Seward, Alaska.

24 (2) DURATION OF RESPONSIBILITIES.—The re- 25 sponsibility of the Secretary for long-term mainte-

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6 (b) STUDY.—The Secretary shall conduct a study to 7 determine whether an alternative method of flood diver- 8 sion in Lowell Canyon is feasible.

9 (c) CONSTRUCTION.—

10 (1) ALTERNATIVE METHODS.—If the Secretary 11 determines under the study conducted under sub- 12 section (b) that an alternative method of flood diver- 13 sion in Lowell Canyon is feasible, the Secretary shall 14 carry out the alternative method.

15 (2) FEDERAL SHARE.—The Federal share of 16 the cost of carrying out an alternative method under 17 paragraph (1) shall be the same as the Federal 18 share of the cost of the construction of the Lowell 19 Creek tunnel.

20 SEC. 5033. ST. HERMAN AND ST. PAUL HARBORS, KODIAK,

21 ALASKA. 22 The Secretary shall carry out, on an emergency basis, 23 necessary removal of rubble, sediment, and rock impeding 24 the entrance to the St. Herman and St. Paul Harbors, 25 Kodiak, Alaska, at a Federal cost of $2,000,000.

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8 SEC. 5035. WRANGELL HARBOR, ALASKA.

9 (a) GENERAL NAVIGATION FEATURES.—In carrying 10 out the project for navigation, Wrangell Harbor, Alaska, 11 authorized by section 101(b)(1) of the Water Resources 12 Development Act of 1999 (113 Stat. 279), the Secretary 13 shall consider the dredging of the mooring basin and con- 14 struction of the inner harbor facilities to be general navi- 15 gation features for purposes of estimating the non-Federal 16 share of project costs.

17 (b) REVISION OF PARTNERSHIP AGREEMENT.—The 18 Secretary shall revise the partnership agreement for the 19 project to reflect the change required by subsection (a).

20 SEC. 5036. AUGUSTA AND CLARENDON, ARKANSAS.

21 (a) IN GENERAL.—The Secretary may carry out re- 22 habilitation of authorized and completed levees on the 23 White River between Augusta and Clarendon, Arkansas, 24 at a total estimated cost of $8,000,000, with an estimated 25 Federal cost of $5,200,000 and an estimated non-Federal 26 cost of $2,800,000.

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1 (b) REIMBURSEMENT.—After performing the reha- 2 bilitation under subsection (a), the Secretary shall seek 3 reimbursement from the Secretary of the Interior of an 4 amount equal to the costs allocated to benefits to a Fed- 5 eral wildlife refuge of such rehabilitation.

6 SEC. 5037. DES ARC LEVEE PROTECTION, ARKANSAS. 7 The Secretary shall review the project for flood con- 8 trol, Des Arc, Arkansas, to determine whether bank and 9 channel scour along the White River threaten the existing 10 project and whether the scour is a result of a design defi- 11 ciency. If the Secretary determines that such conditions 12 exist as a result of a deficiency, the Secretary shall carry 13 out measures to eliminate the deficiency.

14 SEC. 5038. LOOMIS LANDING, ARKANSAS. 15 The Secretary shall conduct a study of shore damage 16 in the vicinity of Loomis Landing, Arkansas, to determine 17 if the damage is the result of a Federal navigation project, 18 and, if the Secretary determines that the damage is the 19 result of a Federal navigation project, the Secretary shall 20 carry out a project to mitigate the damage under section 21 111 of the River and Harbor Act of 1968 (33 U.S.C. 22 426i).

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2 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 3 may establish a program to provide environmental assist- 4 ance to non-Federal interests in California.

5 (b) FORM OF ASSISTANCE.—Assistance provided 6 under this section may be in the form of design and con- 7 struction assistance for water-related environmental infra- 8 structure and resource protection and development 9 projects in California, including projects for wastewater 10 treatment and related facilities, water supply and related 11 facilities, environmental restoration, and surface water re- 12 source protection and development.

13 (c) OWNERSHIP REQUIREMENT.—The Secretary may 14 provide assistance for a project under this section only if 15 the project is publicly owned.

16 (d) PARTNERSHIP AGREEMENTS.—

17 (1) IN GENERAL.—Before providing assistance 18 under this section, the Secretary shall enter into a 19 partnership agreement with a non-Federal interest 20 to provide for design and construction of the project 21 to be carried out with the assistance.

22 (2) REQUIREMENTS.—Each partnership agree- 23 ment for a project entered into under this subsection 24 shall provide for the following:

25 (A) PLAN.—Development by the Secretary, 26 in consultation with appropriate Federal and

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4 (B) LEGAL AND INSTITUTIONAL STRUC-

5 TURES.—Establishment of such legal and insti- 6 tutional structures as are necessary to ensure 7 the effective long-term operation of the project 8 by the non-Federal interest.

9 (3) COST SHARING.—

10 (A) IN GENERAL.—The Federal share of 11 the cost of a project under this section— 12 (i) shall be 75 percent; and 13 (ii) may be provided in the form of 14 grants or reimbursements of project costs.

15 (B) CREDIT FOR WORK.—The Secretary 16 shall credit, in accordance with section 221 of 17 the Flood Control Act of 1970 (42 U.S.C. 18 1962d–5b), toward the non-Federal share of 19 the cost of the project the cost of design work 20 carried out by the non-Federal interest for the 21 project before the date of the partnership agree- 22 ment for the project.

23 (C) CREDIT FOR INTEREST.—In case of a 24 delay in the funding of the non-Federal share 25 of the costs of a project that is the subject of

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5 (D) CREDIT FOR LAND, EASEMENTS, AND

6 RIGHTS-OF-WAY.—The non-Federal interest 7 shall receive credit for land, easements, rights- 8 of-way, and relocations toward the non-Federal 9 share of project costs (including all reasonable 10 costs associated with obtaining permits nec- 11 essary for the construction, operation, and 12 maintenance of the project on publicly owned or 13 controlled land), but the credit may not exceed 14 25 percent of total project costs.

15 (E) OPERATION AND MAINTENANCE.—The 16 non-Federal share of operation and mainte- 17 nance costs for projects constructed with assist- 18 ance provided under this section shall be 100 19 percent.

20 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

21 LAWS.—Nothing in this section shall be construed to 22 waive, limit, or otherwise affect the applicability of any 23 provision of Federal or State law that would otherwise 24 apply to a project to be carried out with assistance pro- 25 vided under this section.

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1 (f) NONPROFIT ENTITIES.—In accordance with sec- 2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 3 1962d–5b(b)), for any project carried out under this sec- 4 tion, a non-Federal interest may include a nonprofit enti- 5 ty.

6 (g) CORPS OF ENGINEERS EXPENSES.—Not more 7 than 10 percent of amounts made available to carry out 8 this section may be used by the Corps of Engineers district 9 offices to administer projects under this section at Federal 10 expense.

11 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to carry out this section 13 $40,000,000.

14 SEC. 5040. CALAVERAS RIVER AND LITTLEJOHN CREEK

15 AND TRIBUTARIES, STOCKTON, CALIFORNIA.

16 (a) IN GENERAL.—Unless the Secretary determines, 17 by not later than 30 days after the date of enactment of 18 this Act, that the relocation of the portion of the project 19 described in subsection (b)(2) would be injurious to the 20 public interest, a non-Federal interest may reconstruct 21 and relocate that portion of the project approximately 300 22 feet in a westerly direction.

23 (b) PROJECT DESCRIPTION.—

24 (1) IN GENERAL.—The project referred to in 25 subsection (a) is the project for flood control,

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5 (2) SPECIFIC DESCRIPTION.—The portion of 6 the project to be reconstructed and relocated is that 7 portion consisting of approximately 5.34 acres of dry 8 land levee beginning at a point N. 2203542.3167, E. 9 6310930.1385, thence running west about 59.99 10 feet to a point N. 2203544.6562, E. 6310870.1468, 11 thence running south about 3,874.99 feet to a point 12 N. 2199669.8760, E. 6310861.7956, thence running 13 east about 60.00 feet to a point N. 2199668.8026, 14 E. 6310921.7900, thence running north about 15 3,873.73 feet to the point of origin.

16 (c) COST SHARING.—The non-Federal share of the 17 cost of reconstructing and relocating the portion of the 18 project described in subsection (b)(2) shall be 100 percent.

19 SEC. 5041. CAMBRIA, CALIFORNIA. 20 Section 219(f)(48) of the Water Resources Develop- 21 ment Act of 1992 (114 Stat. 2763A–220) is amended— 22 (1) by striking ‘‘$10,300,000’’ and inserting the 23 following:

24 ‘‘(A) IN GENERAL.—$10,300,000’’; 25 (2) by adding at the end the following:

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1 ‘‘(B) CREDIT.—The Secretary shall credit, 2 in accordance with section 221 of the Flood 3 Control Act of 1970 (42 U.S.C. 1962d–5b), to- 4 ward the non-Federal share of the cost of the 5 project not to exceed $3,000,000 for the cost of 6 planning and design work carried out by the 7 non-Federal interest for the project before the 8 date of the partnership agreement for the 9 project.’’; and 10 (3) by aligning the remainder of the text of 11 subparagraph (A) (as designated by paragraph (1) 12 of this section) with subparagraph (B) (as added by 13 paragraph (2) of this section).

14 SEC. 5042. CONTRA COSTA CANAL, OAKLEY AND

15 KNIGHTSEN, CALIFORNIA; MALLARD

16 SLOUGH, PITTSBURG, CALIFORNIA. 17 Sections 512 and 514 of the Water Resources Devel- 18 opment Act of 2000 (114 Stat. 2650) are each amended 19 by adding at the end the following: ‘‘All planning, study, 20 design, and construction on the project shall be carried 21 out by the office of the district engineer, San Francisco, 22 California.’’.

23 SEC. 5043. DANA POINT HARBOR, CALIFORNIA. 24 The Secretary shall conduct a study of the causes of 25 water quality degradation within Dana Point Harbor,

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6 SEC. 5044. EAST SAN JOAQUIN COUNTY, CALIFORNIA. 7 Section 219(f)(22) of the Water Resources Develop- 8 ment Act of 1992 (113 Stat. 336) is amended— 9 (1) by striking ‘‘$25,000,000’’ and inserting the 10 following:

11 ‘‘(A) IN GENERAL.—$25,000,000’’; 12 (2) by adding at the end the following:

13 ‘‘(B) CREDIT.—The Secretary shall credit, 14 in accordance with section 221 of the Flood 15 Control Act of 1970 (42 U.S.C. 1962d–5b), to- 16 ward the non-Federal share of the cost of the 17 project the cost of design and construction work 18 carried out by the non-Federal interest for the 19 project before the date of the partnership agree- 20 ment for the project.

21 ‘‘(C) IN-KIND CONTRIBUTIONS.—The non- 22 Federal interest may provide any portion of the 23 non-Federal share of the cost of the project in 24 the form of in-kind services and materials.’’; 25 and

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5 SEC. 5045. EASTERN SANTA CLARA BASIN, CALIFORNIA. 6 Section 111(c) of the Miscellaneous Appropriations 7 Act, 2001 (as enacted into law by Public Law 106–554; 8 114 Stat. 2763A–224) is amended— 9 (1) by striking ‘‘$25,000,000’’ and inserting 10 ‘‘$28,000,000’’; and 11 (2) by striking ‘‘$7,000,000’’ and inserting 12 ‘‘$10,000,000’’.

13 SEC. 5046. LA–3 DREDGED MATERIAL OCEAN DISPOSAL

14 SITE DESIGNATION, CALIFORNIA. 15 The third sentence of section 102(c)(4) of the Marine 16 Protection, Research, and Sanctuaries Act of 1972 (33 17 U.S.C. 1412(c)(4)) is amended by striking ‘‘January 1, 18 2003’’ and inserting ‘‘January 1, 2011’’.

19 SEC. 5047. LANCASTER, CALIFORNIA. 20 Section 219(f)(50) of the Water Resources Develop- 21 ment Act of 1992 (114 Stat. 2763A–220) is amended— 22 (1) by inserting after ‘‘water’’ the following: 23 ‘‘and wastewater’’; and 24 (2) by striking ‘‘$14,500,000’’ and inserting 25 ‘‘$24,500,000’’.

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5 ‘‘(27) LOS OSOS, CALIFORNIA.—Wastewater in- 6 frastructure, Los Osos, California.’’.

7 SEC. 5049. PINE FLAT DAM FISH AND WILDLIFE HABITAT,

8 CALIFORNIA.

9 (a) COOPERATIVE PROGRAM.—

10 (1) IN GENERAL.—The Secretary shall partici- 11 pate with appropriate State and local agencies in the 12 implementation of a cooperative program to improve 13 and manage fisheries and aquatic habitat conditions 14 in Pine Flat Reservoir and in the 14-mile reach of 15 the Kings River immediately below Pine Flat Dam, 16 California, in a manner that— 17 (A) provides for long-term aquatic resource 18 enhancement; and 19 (B) avoids adverse effects on water storage 20 and water rights holders.

21 (2) GOALS AND PRINCIPLES.—The cooperative 22 program described in paragraph (1) shall be carried 23 out— 24 (A) substantially in accordance with the 25 goals and principles of the document entitled 26 ‘‘Kings River Fisheries Management Program

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8 (b) PARTICIPATION BY SECRETARY.—

9 (1) IN GENERAL.—In furtherance of the goals 10 of the agreement described in subsection (a)(2), the 11 Secretary shall participate in the planning, design, 12 and construction of projects and pilot projects on 13 the Kings River and its tributaries to enhance 14 aquatic habitat and water availability for fisheries 15 purposes (including maintenance of a trout fishery) 16 in accordance with flood control operations, water 17 rights, and beneficial uses in existence as of the date 18 of enactment of this Act.

19 (2) PROJECTS.—Projects referred to in para- 20 graph (1) may include— 21 (A) projects to construct or improve pump- 22 ing, conveyance, and storage facilities to en- 23 hance water transfers; and

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4 (c) NO AUTHORIZATION OF CERTAIN DAM-RELATED

5 PROJECTS.—Nothing in this section shall be construed to 6 authorize any project for the raising of Pine Flat Dam 7 or the construction of a multilevel intake structure at Pine 8 Flat Dam.

9 (d) USE OF EXISTING STUDIES.—In carrying out 10 this section, the Secretary shall use, to the maximum ex- 11 tent practicable, studies in existence on the date of enact- 12 ment of this Act, including data and environmental docu- 13 mentation in the document entitled ‘‘Final Feasibility Re- 14 port and Report of the Chief of Engineers for Pine Flat 15 Dam Fish and Wildlife Habitat Restoration’’ and dated 16 July 19, 2002.

17 (e) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-

18 OF-WAY.—The Secretary shall credit toward the non-Fed- 19 eral share of the cost of construction of any project under 20 subsection (b) the value, regardless of the date of acquisi- 21 tion, of any land, easements, rights-of-way, dredged mate- 22 rial disposal areas, or relocations provided by the non-Fed- 23 eral interest for use in carrying out the project.

24 (f) OPERATION AND MAINTENANCE.—The operation, 25 maintenance, repair, rehabilitation, and replacement of

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3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out this section 5 $20,000,000. Such sums shall remain available until ex- 6 pended.

7 SEC. 5050. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND

8 SAN GABRIEL BASIN, CALIFORNIA.

9 (a) COMPREHENSIVE PLAN.—The Secretary, in con- 10 sultation and coordination with appropriate Federal, 11 State, and local entities, shall develop a comprehensive 12 plan for the management of water resources in the Ray- 13 mond Basin, Six Basins, Chino Basin, and San Gabriel 14 Basin, California. The Secretary may carry out activities 15 identified in the comprehensive plan to demonstrate prac- 16 ticable alternatives for water resources management.

17 (b) OPERATION AND MAINTENANCE.—The non-Fed- 18 eral share of the cost of operation and maintenance of any 19 measures constructed under this section shall be 100 per- 20 cent.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to carry out this section 23 $5,000,000.

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2 (a) IN GENERAL.—The Secretary, in cooperation 3 with the Port of San Francisco, California, may carry out 4 the project for repair and removal, as appropriate, of Piers 5 30–32, 35, 36, 70 (including Wharves 7 and 8), and 80 6 in San Francisco, California, substantially in accordance 7 with the Port’s redevelopment plan.

8 (b) AUTHORIZATION OF APPROPRIATION.—There is 9 authorized to be appropriated $25,000,000 to carry out 10 this section.

11 SEC. 5052. SAN FRANCISCO, CALIFORNIA, WATERFRONT

12 AREA.

13 (a) AREA TO BE DECLARED NONNAVIGABLE; PUB-

14 LIC INTEREST.—Unless the Secretary finds, after con- 15 sultation with local and regional public officials (including 16 local and regional public planning organizations), that the 17 proposed projects to be undertaken within the boundaries 18 of the portion of the San Francisco, California, waterfront 19 area described in subsection (b) are not in the public inter- 20 est, such portion is declared to be nonnavigable waters of 21 the United States.

22 (b) NORTHERN EMBARCADERO SOUTH OF BRYANT

23 STREET.—The portion of the San Francisco, California, 24 waterfront area referred to in subsection (a) is as follows: 25 Beginning at the intersection of the northeasterly prolon- 26 gation of that portion of the northwesterly line of Bryant

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3 (c) REQUIREMENT THAT AREA BE IMPROVED.—The 4 declaration of nonnavigability under subsection (a) applies 5 only to those parts of the area described in subsection (b) 6 that are or will be bulkheaded, filled, or otherwise occupied 7 by permanent structures and does not affect the applica- 8 bility of any Federal statute or regulation applicable to 9 such parts the day before the date of enactment of this 10 Act, including sections 9 and 10 of the Act of March 3, 11 1899 (33 U.S.C. 401 and 403; 30 Stat. 1151), commonly 12 known as the Rivers and Harbors Appropriation Act of 13 1899, section 404 of the Federal Water Pollution Control 14 Act (33 U.S.C. 1344), and the National Environmental 15 Policy Act of 1969 (42 U.S.C. 4321 et seq.).

16 (d) EXPIRATION DATE.—If, 20 years from the date 17 of enactment of this Act, any area or part thereof de- 18 scribed in subsection (b) is not bulkheaded or filled or oc- 19 cupied by permanent structures, including marina facili- 20 ties, in accordance with the requirements set out in sub- 21 section (c), or if work in connection with any activity per- 22 mitted in subsection (c) is not commenced within 5 years 23 after issuance of such permits, then the declaration of 24 nonnavigability for such area or part thereof shall expire.

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2 SUISUN MARSH ECOSYSTEM RESTORATION.

3 (a) SAN PABLO BAY WATERSHED, CALIFORNIA.—

4 (1) IN GENERAL.—The Secretary shall complete 5 work, as expeditiously as possible, on the ongoing 6 San Pablo Bay watershed, California, study to deter- 7 mine the feasibility of opportunities for restoring, 8 preserving, and protecting the San Pablo Bay water- 9 shed.

10 (2) REPORT.—Not later than March 31, 2008, 11 the Secretary shall submit to Congress a report on 12 the results of the study.

13 (b) SUISUN MARSH, CALIFORNIA.—The Secretary 14 shall conduct a comprehensive study to determine the fea- 15 sibility of opportunities for restoring, preserving, and pro- 16 tecting the Suisun Marsh, California.

17 (c) SAN PABLO AND SUISUN BAY MARSH WATER-

18 SHED CRITICAL RESTORATION PROJECTS.—

19 (1) IN GENERAL.—The Secretary may partici- 20 pate in critical restoration projects that will produce, 21 consistent with Federal programs, projects, and ac- 22 tivities, immediate and substantial ecosystem res- 23 toration, preservation, and protection benefits in the 24 following sub-watersheds of the San Pablo and 25 Suisun Bay Marsh watersheds:

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8 (2) TYPES OF ASSISTANCE.—Participation in 9 critical restoration projects under this subsection 10 may include assistance for planning, design, or con- 11 struction.

12 (d) CREDIT.—In accordance with section 221 of the 13 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), the Sec- 14 retary shall credit toward the non-Federal share of the 15 cost of construction of a project under this section— 16 (1) the value of any lands, easements, rights-of- 17 way, dredged material disposal areas, or relocations 18 provided by the non-Federal interest for carrying out 19 the project, regardless of the date of acquisition; 20 (2) funds received from the CALFED Bay- 21 Delta program; and 22 (3) the cost of the studies, design, and con- 23 struction work carried out by the non-Federal inter- 24 est before the date of the partnership agreement for 25 the project.

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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to carry out this section 3 $40,000,000.

4 SEC. 5054. ST. HELENA, CALIFORNIA.

5 (a) IN GENERAL.—The Secretary may construct a 6 project for flood control and environmental restoration, St. 7 Helena, California, substantially in accordance with the 8 plan for the St. Helena comprehensive flood protection 9 project dated 2006 and described in the addendum dated 10 June 27, 2006, to the report prepared by the city of St. 11 Helena entitled ‘‘City of St. Helena Comprehensive Flood 12 Protection Project, Final Environmental Impact Report’’, 13 and dated January 2004, if the Secretary determines that 14 the plans and designs for the project are feasible.

15 (b) COST.—The total cost of the project to be con- 16 structed pursuant to subsection (a) shall be $30,000,000, 17 with an estimated Federal cost of $19,500,000 and an es- 18 timated non-Federal cost of $10,500,000.

19 (c) REIMBURSEMENT.—The non-Federal interest 20 shall be reimbursed for any work performed by the non- 21 Federal interest for the project described in subsection (a) 22 that is in excess of the required non-Federal contribution 23 toward the total cost of the project, if the Secretary deter- 24 mines that the work is integral to the project.

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2 FORNIA.

3 (a) REEVALUATION.—The Secretary shall reevaluate 4 the feasibility of the Lower Mosher Slough element and 5 the levee extensions on the Upper Calaveras River element 6 of the project for flood control, Stockton Metropolitan 7 Area, California, carried out under section 211(f)(3) of the 8 Water Resources Development Act of 1996 (110 Stat. 9 3683), to determine the eligibility of such elements for re- 10 imbursement under section 211 of such Act (33 U.S.C. 11 701b–13).

12 (b) SPECIAL RULES FOR REEVALUATION.—In con- 13 ducting the reevaluation under subsection (a), the Sec- 14 retary shall not reject a feasibility determination based on 15 one or more of the policies of the Corps of Engineers con- 16 cerning the frequency of flooding, the drainage area, and 17 the amount of runoff.

18 (c) REIMBURSEMENT.—If the Secretary determines 19 that the elements referred to subsection (a) are feasible, 20 the Secretary shall reimburse, subject to appropriations, 21 the non-Federal interest under section 211 of the Water 22 Resources Development Act of 1996 for the Federal share 23 of the cost of such elements.

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2 PROGRAM, COLORADO, NEW MEXICO, AND

3 TEXAS.

4 (a) DEFINITIONS.—In this section, the following defi- 5 nitions apply:

6 (1) RIO GRANDE COMPACT.—The term ‘‘Rio 7 Grande Compact’’ means the compact approved by 8 Congress under the Act of May 31, 1939 (53 Stat. 9 785), and ratified by the States.

10 (2) RIO GRANDE BASIN.—The term ‘‘Rio 11 Grande Basin’’ means the Rio Grande (including all 12 tributaries and their headwaters) located— 13 (A) in the State of Colorado, from the Rio 14 Grande Reservoir, near Creede, Colorado, to the 15 New Mexico State border; 16 (B) in the State of New Mexico, from the 17 Colorado State border downstream to the Texas 18 State border; and 19 (C) in the State of Texas, from the New 20 Mexico State border to the southern terminus 21 of the Rio Grande at the Gulf of Mexico.

22 (3) STATES.—The term ‘‘States’’ means the 23 States of Colorado, New Mexico, and Texas.

24 (b) PROGRAM AUTHORITY.—

25 (1) IN GENERAL.—The Secretary shall carry 26 out, in the Rio Grande Basin—

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9 (2) REPORTS.—Not later than December 31, 10 2008, and not later than December 31 of every sixth 11 year thereafter, the Secretary, in consultation with 12 the Secretary of the Interior and the States, shall 13 submit to Congress a report that— 14 (A) contains an evaluation of the programs 15 described in paragraph (1); 16 (B) describes the accomplishments of each 17 program; 18 (C) provides updates of a systemic habitat 19 needs assessment; and 20 (D) identifies any needed adjustments in 21 the authorization of the programs.

22 (c) STATE AND LOCAL CONSULTATION AND COOPER-

23 ATIVE EFFORT.—For the purpose of ensuring the coordi- 24 nated planning and implementation of the programs de- 25 scribed in subsection (b), the Secretary shall—

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12 (d) OPERATION AND MAINTENANCE.—The costs of 13 operation and maintenance of a project located on Federal 14 land, or land owned or operated by a State or local govern- 15 ment, shall be borne by the Federal, State, or local agency 16 that has jurisdiction over fish and wildlife activities on the 17 land.

18 (e) EFFECT ON OTHER LAW.—

19 (1) WATER LAW.—Nothing in this section shall 20 be construed to preempt any State water law.

21 (2) COMPACTS AND DECREES.—In carrying out 22 this section, the Secretary shall comply with the Rio 23 Grande Compact, and any applicable court decrees 24 or Federal and State laws, affecting water or water 25 rights in the Rio Grande Basin.

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1 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to the Secretary to carry 3 out this section $15,000,000 for each of fiscal years 2008 4 through 2011.

5 SEC. 5057. CHARLES HERVEY TOWNSHEND BREAKWATER,

6 NEW HAVEN HARBOR, CONNECTICUT. 7 The western breakwater for the project for naviga- 8 tion, New Haven Harbor, Connecticut, authorized by the 9 first section of the Act of September 19, 1890 (26 Stat. 10 428), shall be known and designated as the ‘‘Charles 11 Hervey Townshend Breakwater’’.

12 SEC. 5058. STAMFORD, CONNECTICUT.

13 (a) IN GENERAL.—The Secretary may participate in 14 the ecosystem restoration, navigation, flood damage reduc- 15 tion, and recreation components of the Mill River and 16 Long Island Sound revitalization project, Stamford, Con- 17 necticut.

18 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 19 authorized to be appropriated $10,000,000 to carry out 20 this section.

21 SEC. 5059. DELMARVA CONSERVATION CORRIDOR, DELA-

22 WARE, MARYLAND, AND VIRGINIA.

23 (a) ASSISTANCE.—The Secretary may provide tech- 24 nical assistance to the Secretary of Agriculture for use in 25 carrying out the Conservation Corridor Demonstration

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4 (b) COORDINATION AND INTEGRATION.—In carrying 5 out water resources projects in the States on the Delmarva 6 Peninsula, the Secretary shall coordinate and integrate 7 those projects, to the maximum extent practicable, with 8 any activities carried out to implement a conservation cor- 9 ridor plan approved by the Secretary of Agriculture under 10 section 2602 of the Farm Security and Rural Investment 11 Act of 2002 (16 U.S.C. 3801 note; 116 Stat. 275).

12 SEC. 5060. ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND

13 MARYLAND.

14 (a) COMPREHENSIVE ACTION PLAN.—Not later than 15 one year after the date of enactment of this Act, the Sec- 16 retary, in coordination with the Mayor of the District of 17 Columbia, the Governor of Maryland, the county execu- 18 tives of Montgomery County and Prince George’s County, 19 Maryland, and other interested entities, shall develop and 20 make available to the public a 10-year comprehensive ac- 21 tion plan to provide for the restoration and protection of 22 the ecological integrity of the Anacostia River and its trib- 23 utaries.

24 (b) PUBLIC AVAILABILITY.—On completion of the 25 comprehensive action plan under subsection (a), the Sec-

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3 SEC. 5061. EAST CENTRAL AND NORTHEAST FLORIDA.

4 (a) EAST CENTRAL AND NORTHEAST FLORIDA RE-

5 GION DEFINED.—In this section, the term ‘‘East Central 6 and Northeast Florida Region’’ means Flagler County, St. 7 Johns County, Putman County (east of the St. Johns 8 River), Seminole County, Volusia County, the towns of 9 Winter Park, Maitland, and Palatka, Florida.

10 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 11 may establish a program to provide environmental assist- 12 ance to non-Federal interests in the East Central and 13 Northeast Florida Region.

14 (c) FORM OF ASSISTANCE.—Assistance provided 15 under this section may be in the form of design and con- 16 struction assistance for water-related environmental infra- 17 structure and resource protection and development 18 projects in the East Central and Northeast Florida Re- 19 gion, including projects for wastewater treatment and re- 20 lated facilities, water supply and related facilities, environ- 21 mental restoration, and surface water resource protection 22 and development.

23 (d) OWNERSHIP REQUIREMENT.—The Secretary may 24 provide assistance for a project under this section only if 25 the project is publicly owned.

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1 (e) PARTNERSHIP AGREEMENTS.—

2 (1) IN GENERAL.—Before providing assistance 3 under this section, the Secretary shall enter into a 4 partnership agreement with a non-Federal interest 5 to provide for design and construction of the project 6 to be carried out with the assistance.

7 (2) REQUIREMENTS.—Each partnership agree- 8 ment for a project entered into under this subsection 9 shall provide for the following:

10 (A) PLAN.—Development by the Secretary, 11 in consultation with appropriate Federal and 12 State officials, of a facilities or resource protec- 13 tion and development plan, including appro- 14 priate engineering plans and specifications.

15 (B) LEGAL AND INSTITUTIONAL STRUC-

16 TURES.—Establishment of such legal and insti- 17 tutional structures as are necessary to ensure 18 the effective long-term operation of the project 19 by the non-Federal interest.

20 (3) COST SHARING.—

21 (A) IN GENERAL.—The Federal share of 22 the cost of a project under this section— 23 (i) shall be 75 percent; and 24 (ii) may be provided in the form of 25 grants or reimbursements of project costs.

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1 (B) CREDIT FOR WORK.—The Secretary 2 shall credit, in accordance with section 221 of 3 the Flood Control Act of 1970 (42 U.S.C. 4 1962d–5b), toward the non-Federal share of 5 the cost of the project the cost of design work 6 carried out by the non-Federal interest for the 7 project before the date of the partnership agree- 8 ment for the project.

9 (C) CREDIT FOR INTEREST.—In case of a 10 delay in the funding of the non-Federal share 11 of the costs of a project that is the subject of 12 an agreement under this section, the non-Fed- 13 eral interest shall receive credit for reasonable 14 interest incurred in providing the non-Federal 15 share.

16 (D) CREDIT FOR LAND, EASEMENTS, AND

17 RIGHTS-OF-WAY.—The non-Federal interest 18 shall receive credit for land, easements, rights- 19 of-way, and relocations toward the non-Federal 20 share of project costs (including all reasonable 21 costs associated with obtaining permits nec- 22 essary for the construction, operation, and 23 maintenance of the project on publicly owned or 24 controlled land), but the credit may not exceed 25 25 percent of total project costs.

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1 (E) OPERATION AND MAINTENANCE.—The 2 non-Federal share of operation and mainte- 3 nance costs for projects constructed with assist- 4 ance provided under this section shall be 100 5 percent.

6 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

7 LAWS.—Nothing in this section shall be construed to 8 waive, limit, or otherwise affect the applicability of any 9 provision of Federal or State law that would otherwise 10 apply to a project to be carried out with assistance pro- 11 vided under this section.

12 (g) NONPROFIT ENTITIES.—In accordance with sec- 13 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 14 1962d–5b(b)), for any project carried out under this sec- 15 tion, a non-Federal interest may include a nonprofit entity 16 with the consent of the affected local government.

17 (h) CORPS OF ENGINEERS EXPENSES.—Not more 18 than 10 percent of the amounts appropriated to carry out 19 this section may be used by the Corps of Engineers district 20 offices to administer projects under this section at Federal 21 expense.

22 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated to carry out this section 24 $40,000,000.

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2 MENTS. 3 Section 109 of the Miscellaneous Appropriations Act, 4 2001 (enacted into law by Public Law 106–554) (114 5 Stat. 2763A–222) is amended— 6 (1) by adding at the end of subsection (e)(2) 7 the following:

8 ‘‘(C) CREDIT FOR WORK PRIOR TO EXECU-

9 TION OF THE PARTNERSHIP AGREEMENT.—The 10 Secretary shall credit toward the non-Federal 11 share of the cost of the project— 12 ‘‘(i) in accordance with section 221 of 13 the Flood Control Act of 1970 (42 U.S.C. 14 1962d–5b), the cost of construction work 15 carried out by the non-Federal interest for 16 the project before the date of the partner- 17 ship agreement for the project; and 18 ‘‘(ii) the cost of land acquisition car- 19 ried out by the non-Federal interest for 20 projects to be carried out under this sec- 21 tion.’’; and 22 (2) in subsection (f) by striking 23 ‘‘$100,000,000’’ and inserting ‘‘$100,000,000, of 24 which not more than $15,000,000 may be used to 25 provide planning, design, and construction assistance

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3 SEC. 5063. LAKE WORTH, FLORIDA. 4 The Secretary may carry out necessary repairs for 5 the Lake Worth bulkhead replacement project, West Palm 6 Beach, Florida, at an estimated total cost of $9,000,000.

7 SEC. 5064. BIG CREEK, GEORGIA, WATERSHED MANAGE-

8 MENT AND RESTORATION PROGRAM.

9 (a) IN GENERAL.—The Secretary may cooperate 10 with, by providing technical, planning, and construction 11 assistance to, the city of Roswell, Georgia, as the non-Fed- 12 eral interest and coordinator with other local governments 13 in the Big Creek watershed, Georgia, to assess the quality 14 and quantity of water resources, conduct comprehensive 15 watershed management planning, develop and implement 16 water efficiency technologies and programs, and plan, de- 17 sign, and construct water resource facilities to restore the 18 watershed.

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 20 authorized to be appropriated to the Secretary $5,000,000 21 to carry out this section.

22 SEC. 5065. METROPOLITAN NORTH GEORGIA WATER PLAN-

23 NING DISTRICT.

24 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 25 shall establish a program to provide environmental assist-

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3 (b) FORM OF ASSISTANCE.—Assistance provided 4 under this section may be in the form of design and con- 5 struction assistance for water-related environmental infra- 6 structure and resource protection and development 7 projects in north Georgia, including projects for waste- 8 water treatment and related facilities, elimination or con- 9 trol of combined sewer overflows, water supply and related 10 facilities, environmental restoration, and surface water re- 11 source protection and development.

12 (c) OWNERSHIP REQUIREMENT.—The Secretary may 13 provide assistance for a project under this section only if 14 the project is publicly owned.

15 (d) PARTNERSHIP AGREEMENTS.—

16 (1) IN GENERAL.—Before providing assistance 17 under this section, the Secretary shall enter into a 18 partnership agreement with a non-Federal interest 19 to provide for design and construction of the project 20 to be carried out with the assistance.

21 (2) REQUIREMENTS.—Each partnership agree- 22 ment for a project entered into under this subsection 23 shall provide for the following:

24 (A) PLAN.—Development by the Secretary, 25 in consultation with appropriate Federal and

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4 (B) LEGAL AND INSTITUTIONAL STRUC-

5 TURES.—Establishment of such legal and insti- 6 tutional structures as are necessary to ensure 7 the effective long-term operation of the project 8 by the non-Federal interest.

9 (3) COST SHARING.—

10 (A) IN GENERAL.—The Federal share of 11 the cost of a project under this section— 12 (i) shall be 75 percent; and 13 (ii) may be provided in the form of 14 grants or reimbursements of project costs.

15 (B) CREDIT FOR WORK.—The Secretary 16 shall credit, in accordance with section 221 of 17 the Flood Control Act of 1970 (42 U.S.C. 18 1962d–5b), toward the non-Federal share of 19 the cost of a project under this section, in an 20 amount not to exceed 6 percent of the total 21 construction costs of the project, the cost of de- 22 sign work carried out by the non-Federal inter- 23 est for the project before the date of the part- 24 nership agreement for the project.

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1 (C) CREDIT FOR INTEREST.—In case of a 2 delay in the funding of the non-Federal share 3 of the costs of a project that is the subject of 4 an agreement under this section, the non-Fed- 5 eral interest shall receive credit for reasonable 6 interest incurred in providing the non-Federal 7 share.

8 (D) CREDIT FOR LAND, EASEMENTS, AND

9 RIGHTS-OF-WAY.—The non-Federal interest 10 shall receive credit for land, easements, rights- 11 of-way, and relocations toward the non-Federal 12 share of project costs (including all reasonable 13 costs associated with obtaining permits nec- 14 essary for the construction, operation, and 15 maintenance of the project on publicly owned or 16 controlled land), but the credit may not exceed 17 25 percent of total project costs.

18 (E) OPERATION AND MAINTENANCE.—The 19 non-Federal share of operation and mainte- 20 nance costs for projects constructed with assist- 21 ance provided under this section shall be 100 22 percent.

23 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

24 LAWS.—Nothing in this section shall be construed to 25 waive, limit, or otherwise affect the applicability of any

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4 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 5 authorized to be appropriated to carry out this section 6 $20,000,000.

7 SEC. 5066. SAVANNAH, GEORGIA.

8 (a) IN GENERAL.—After completion of a Savannah 9 Riverfront plan, the Secretary may participate in the eco- 10 system restoration, recreation, navigation, and flood dam- 11 age reduction components of the plan.

12 (b) COORDINATION.—In carrying out this section, the 13 Secretary shall coordinate with appropriate representa- 14 tives in the vicinity of Savannah, Georgia, including the 15 Georgia Ports Authority, the city of Savannah, and Cam- 16 den County.

17 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated $10,000,000 to carry out 19 this section.

20 SEC. 5067. IDAHO, MONTANA, RURAL NEVADA, NEW MEX-

21 ICO, RURAL UTAH, AND WYOMING. 22 Section 595 of the Water Resources Development Act 23 of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; 24 117 Stat. 1836; 118 Stat. 440) is amended—

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1 (1) in the section heading by striking ‘‘AND

2 RURAL UTAH’’ and inserting ‘‘RURAL UTAH, AND

3 WYOMING’’; 4 (2) in subsections (b) and (c) by striking ‘‘and 5 rural Utah’’ each place it appears and inserting 6 ‘‘rural Utah, and Wyoming’’; and 7 (3) by striking subsection (h) and inserting the 8 following:

9 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 10 is authorized to be appropriated to carry out this section 11 for the period beginning with fiscal year 2001 12 $150,000,000 for rural Nevada, $25,000,000 for each of 13 Montana and New Mexico, $55,000,000 for Idaho, 14 $50,000,000 for rural Utah, and $30,000,000 for Wyo- 15 ming. Such sums shall remain available until expended.’’.

16 SEC. 5068. RILEY CREEK RECREATION AREA, IDAHO. 17 The Secretary is authorized to carry out the Riley 18 Creek Recreation Area Operation Plan of the Albeni Falls 19 Management Plan, dated October 2001, for the Riley 20 Creek Recreation Area, Albeni Falls Dam, Bonner Coun- 21 ty, Idaho.

22 SEC. 5069. FLOODPLAIN MAPPING, LITTLE CALUMET

23 RIVER, CHICAGO, ILLINOIS.

24 (a) IN GENERAL.—The Secretary shall provide as- 25 sistance for a project to develop maps identifying 100- and

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3 (b) REQUIREMENTS.—Maps developed under the 4 project shall include hydrologic and hydraulic information 5 and shall accurately show the flood inundation of each 6 property by flood risk in the floodplain. The maps shall 7 be produced in a high resolution format and shall be made 8 available to all flood prone areas along the Little Calumet 9 River, Chicago, Illinois, in an electronic format.

10 (c) PARTICIPATION OF FEMA.—The Secretary and 11 the non-Federal interests for the project shall work with 12 the Administrator of the Federal Emergency Management 13 Agency to ensure the validity of the maps developed under 14 the project for flood insurance purposes.

15 (d) FORMS OF ASSISTANCE.—In carrying out the 16 project, the Secretary may enter into contracts or coopera- 17 tive agreements with the non-Federal interests or provide 18 reimbursements of project costs.

19 (e) FEDERAL SHARE.—The Federal share of the cost 20 of the project shall be 50 percent.

21 (f) LIMITATION ON STATUTORY CONSTRUCTION.— 22 Nothing in this section shall be construed to modify the 23 prioritization of map updates or the substantive require- 24 ments of the Federal Emergency Management Agency 25 flood map modernization program authorized by section

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3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out this section 5 $2,000,000.

6 SEC. 5070. RECONSTRUCTION OF ILLINOIS AND MISSOURI

7 FLOOD PROTECTION PROJECTS.

8 (a) IN GENERAL.—The Secretary may participate in 9 the reconstruction of an eligible flood control project if the 10 Secretary determines that such reconstruction is not re- 11 quired as a result of improper operation and maintenance 12 of the project by the non-Federal interest.

13 (b) COST SHARING.—The non-Federal share of the 14 costs for the reconstruction of a flood control project au- 15 thorized by this section shall be the same non-Federal 16 share that was applicable to construction of the project. 17 The non-Federal interest shall be responsible for operation 18 and maintenance and repair of a project for which recon- 19 struction is undertaken under this section.

20 (c) RECONSTRUCTION DEFINED.—In this section, 21 the term ‘‘reconstruction’’, as used with respect to a 22 project, means addressing major project deficiencies 23 caused by long-term degradation of the foundation, con- 24 struction materials, or engineering systems or components 25 of the project, the results of which render the project at

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9 (d) ELIGIBLE PROJECTS.—The following flood con- 10 trol projects are eligible for reconstruction under this sec- 11 tion: 12 (1) Clear Creek Drainage and Levee District, 13 Illinois. 14 (2) Fort Chartres and Ivy Landing Drainage 15 District, Illinois. 16 (3) Prairie Du Pont Levee and Sanitary Dis- 17 trict, including Fish Lake Drainage and Levee Dis- 18 trict, Illinois. 19 (4) Cairo, Illinois Mainline Levee, Cairo, Illi- 20 nois. 21 (5) Goose Pond Pump Station, Cairo, Illinois. 22 (6) Cottonwood Slough Pump Station, Alex- 23 ander County, Illinois. 24 (7) 10th and 28th Street Pump Stations, Cairo, 25 Illinois.

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7 (e) JUSTIFICATION.—The reconstruction of a project 8 authorized by this section shall not be considered a sepa- 9 rable element of the project.

10 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 11 authorized to be appropriated $50,000,000 to carry out 12 this section.

13 SEC. 5071. ILLINOIS RIVER BASIN RESTORATION.

14 (a) EXTENSION OF AUTHORIZATION.—Section 15 519(c)(2) of the Water Resources Development Act of 16 2000 (114 Stat. 2654) is amended by striking ‘‘2004’’ and 17 inserting ‘‘2010’’.

18 (b) MAXIMUM FEDERAL SHARE.—Section 519(c)(3) 19 of such Act (114 Stat. 2654) is amended by striking 20 ‘‘$5,000,000’’ and inserting ‘‘$20,000,000’’.

21 (c) IN-KIND SERVICES.—Section 519(g)(3) of such 22 Act (114 Stat. 2655) is amended by inserting before the 23 period at the end of the first sentence ‘‘if such services 24 are provided not more than 5 years before the date of initi- 25 ation of the project or activity’’.

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1 (d) MONITORING.—Section 519 of such Act (114 2 Stat. 2654) is amended by adding at the end the following:

3 ‘‘(h) MONITORING.—The Secretary shall develop an 4 Illinois River basin monitoring program to support the 5 plan developed under subsection (b). Data collected under 6 the monitoring program shall incorporate data provided 7 by the State of Illinois and shall be publicly accessible 8 through electronic means, including on the Internet.’’.

9 SEC. 5072. PROMONTORY POINT THIRD-PARTY REVIEW,

10 CHICAGO SHORELINE, CHICAGO, ILLINOIS.

11 (a) REVIEW.—

12 (1) IN GENERAL.—The Secretary shall conduct 13 a third-party review of the Promontory Point feature 14 of the project for storm damage reduction and 15 shoreline erosion protection, Lake Michigan, Illinois, 16 from Wilmette, Illinois, to the Illinois-Indiana State 17 line, authorized by section 101(a)(12) of the Water 18 Resources Development Act of 1996 (110 Stat. 19 3664), at a cost not to exceed $450,000.

20 (2) JOINT REVIEW.—The Buffalo and Seattle 21 Districts of the Corps of Engineers shall jointly con- 22 duct the review under paragraph (1).

23 (3) STANDARDS.—The review under paragraph 24 (1) shall be based on the standards under part 68

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3 (b) CONTRIBUTIONS.—The Secretary may accept 4 funds from a State or political subdivision of a State to 5 conduct the review under paragraph (1).

6 (c) TREATMENT.—The review under paragraph (1) 7 shall not be considered to be an element of the project 8 referred to in paragraph (1).

9 (d) EFFECT OF SECTION.—Nothing in this section 10 shall be construed to affect the authorization for the 11 project referred to in paragraph (1).

12 SEC. 5073. KASKASKIA RIVER BASIN, ILLINOIS, RESTORA-

13 TION.

14 (a) KASKASKIA RIVER BASIN DEFINED.—In this sec- 15 tion, the term ‘‘Kaskaskia River Basin’’ means the 16 Kaskaskia River, Illinois, its backwaters, its side channels, 17 and all tributaries, including their watersheds, draining 18 into the Kaskaskia River.

19 (b) COMPREHENSIVE PLAN.—

20 (1) DEVELOPMENT.—The Secretary shall de- 21 velop, as expeditiously as practicable, a comprehen- 22 sive plan for the purpose of restoring, preserving, 23 and protecting the Kaskaskia River Basin.

24 (2) TECHNOLOGIES AND INNOVATIVE AP-

25 PROACHES.—The comprehensive plan shall provide

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16 (3) SPECIFIC COMPONENTS.—The comprehen- 17 sive plan shall include such features as are necessary 18 to provide for— 19 (A) the development and implementation of 20 a program for sediment removal technology, 21 sediment characterization, sediment transport, 22 and beneficial uses of sediment; 23 (B) the development and implementation 24 of a program for the planning, conservation, 25 evaluation, and construction of measures for

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3 (4) CONSULTATION.—The comprehensive plan 4 shall be developed by the Secretary in consultation 5 with appropriate Federal agencies, the State of Illi- 6 nois, and the Kaskaskia River Watershed Associa- 7 tion.

8 (5) REPORT TO CONGRESS.—Not later than 2 9 years after the date of enactment of this Act, the 10 Secretary shall submit to the Committee on Trans- 11 portation and Infrastructure of the House of Rep- 12 resentatives and the Committee on Environment and 13 Public Works of the Senate a report containing the 14 comprehensive plan.

15 (6) ADDITIONAL STUDIES AND ANALYSES.— 16 After submission of a report under paragraph (5), 17 the Secretary shall conduct studies and analyses of 18 projects related to the comprehensive plan that are 19 appropriate and consistent with this subsection.

20 (c) GENERAL PROVISIONS.—

21 (1) WATER QUALITY.—In carrying out activi- 22 ties under this section, the Secretary’s recommenda- 23 tions shall be consistent with applicable State water 24 quality standards.

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1 (2) PUBLIC PARTICIPATION.—In developing the 2 comprehensive plan under subsection (b), the Sec- 3 retary shall implement procedures to facilitate public 4 participation, including providing advance notice of 5 meetings, providing adequate opportunity for public 6 input and comment, maintaining appropriate 7 records, and making a record of the proceedings of 8 meetings available for public inspection.

9 (d) CRITICAL PROJECTS AND INITIATIVES.—If the 10 Secretary, in cooperation with appropriate Federal agen- 11 cies and the State of Illinois, determines that a project 12 or initiative for the Kaskaskia River Basin will produce 13 independent, immediate, and substantial benefits, the Sec- 14 retary may proceed with the implementation of the 15 project.

16 (e) COORDINATION.—The Secretary shall integrate 17 activities carried out under this section with ongoing Fed- 18 eral and State programs, projects, and activities, including 19 the following: 20 (1) Farm programs of the Department of Agri- 21 culture. 22 (2) Conservation Reserve Enhancement Pro- 23 gram (State of Illinois) and Conservation 2000 Eco- 24 system Program of the Illinois department of nat- 25 ural resources.

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15 (f) IN-KIND SERVICES.—The Secretary may credit 16 the cost of in-kind services provided by the non-Federal 17 interest for an activity carried out under this section to- 18 ward not more than 80 percent of the non-Federal share 19 of the cost of the activity. In-kind services shall include 20 all State funds expended on programs that accomplish the 21 goals of this section, as determined by the Secretary. The 22 programs may include the Kaskaskia River Conservation 23 Reserve Program, the Illinois Conservation 2000 Pro- 24 gram, the Open Lands Trust Fund, and other appropriate 25 programs carried out in the Kaskaskia River Basin.

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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated $20,000,000 to carry out 3 this section.

4 SEC. 5074. SOUTHWEST ILLINOIS.

5 (a) SOUTHWEST ILLINOIS DEFINED.—In this sec- 6 tion, the term ‘‘Southwest Illinois’’ means the counties of 7 Madison, St. Clair, Monroe, Randolph, Perry, Franklin, 8 Jackson, Union, Alexander, Pulaski, and Williamson, Illi- 9 nois.

10 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 11 may establish a program to provide environmental assist- 12 ance to non-Federal interests in Southwest Illinois.

13 (c) FORM OF ASSISTANCE.—Assistance provided 14 under this section may be in the form of design and con- 15 struction assistance for water-related environmental infra- 16 structure and resource protection and development 17 projects in Southwest Illinois, including projects for waste- 18 water treatment and related facilities, water supply and 19 related facilities, and surface water resource protection 20 and development.

21 (d) OWNERSHIP REQUIREMENT.—The Secretary may 22 provide assistance for a project under this section only if 23 the project is publicly owned.

24 (e) PARTNERSHIP AGREEMENTS.—

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1 (1) IN GENERAL.—Before providing assistance 2 under this section, the Secretary shall enter into a 3 partnership agreement with a non-Federal interest 4 to provide for design and construction of the project 5 to be carried out with the assistance.

6 (2) REQUIREMENTS.—Each partnership agree- 7 ment for a project entered into under this subsection 8 shall provide for the following:

9 (A) PLAN.—Development by the Secretary, 10 in consultation with appropriate Federal and 11 State officials, of a facilities or resource protec- 12 tion and development plan, including appro- 13 priate engineering plans and specifications.

14 (B) LEGAL AND INSTITUTIONAL STRUC-

15 TURES.—Establishment of such legal and insti- 16 tutional structures as are necessary to ensure 17 the effective long-term operation of the project 18 by the non-Federal interest.

19 (3) COST SHARING.—

20 (A) IN GENERAL.—The Federal share of 21 the cost of a project under this section— 22 (i) shall be 75 percent; and 23 (ii) may be provided in the form of 24 grants or reimbursements of project costs.

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1 (B) CREDIT FOR WORK.—The Secretary 2 shall credit, in accordance with section 221 of 3 the Flood Control Act of 1970 (42 U.S.C. 4 1962d–5b), toward the non-Federal share of 5 the cost of the project the cost of design work 6 carried out by the non-Federal interest for the 7 project before the date of the partnership agree- 8 ment for the project.

9 (C) CREDIT FOR INTEREST.—In case of a 10 delay in the funding of the non-Federal share 11 of a project that is the subject of an agreement 12 under this section, the non-Federal interest 13 shall receive credit for reasonable interest in- 14 curred in providing the non-Federal share.

15 (D) CREDIT FOR LAND, EASEMENTS, AND

16 RIGHTS-OF-WAY.—The non-Federal interest 17 shall receive credit for land, easements, rights- 18 of-way, and relocations toward the non-Federal 19 share of project costs (including all reasonable 20 costs associated with obtaining permits nec- 21 essary for the construction, operation, and 22 maintenance of the project on publicly owned or 23 controlled land), but the credit may not exceed 24 25 percent of total project costs.

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1 (E) OPERATION AND MAINTENANCE.—The 2 non-Federal share of operation and mainte- 3 nance costs for projects constructed with assist- 4 ance provided under this section shall be 100 5 percent.

6 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

7 LAWS.—Nothing in this section shall be construed to 8 waive, limit, or otherwise affect the applicability of any 9 provision of Federal or State law that would otherwise 10 apply to a project to be carried out with assistance pro- 11 vided under this section.

12 (g) NONPROFIT ENTITIES.—In accordance with sec- 13 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 14 1962d–5b(b)), for any project carried out under this sec- 15 tion, a non-Federal interest may include a nonprofit entity 16 with the consent of the affected local government.

17 (h) CORPS OF ENGINEERS EXPENSES.—Not more 18 than 10 percent of the amounts appropriated to carry out 19 this section may be used by the Corps of Engineers district 20 offices to administer projects under this section at Federal 21 expense.

22 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated to carry out this section 24 $40,000,000.

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7 ‘‘(A) IN GENERAL.—$100,000,000’’; 8 (2) by adding at the end the following:

9 ‘‘(B) CREDIT.—The Secretary shall credit, 10 in accordance with section 221 of the Flood 11 Control Act of 1970 (42 U.S.C. 1962d–5b), to- 12 ward the non-Federal share of the cost of the 13 project the cost of planning and design work 14 carried out by the non-Federal interest for the 15 project before the date of the partnership agree- 16 ment for the project.’’; and 17 (3) by aligning the remainder of the text of 18 subparagraph (A) (as designated by paragraph (1) 19 of this section) with subparagraph (B) (as added by 20 paragraph (2) of this section).

21 SEC. 5076. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA.

22 (a) IN GENERAL.—The Secretary shall provide as- 23 sistance for a project to develop maps identifying 100- and 24 500-year flood inundation areas in the State of Iowa, 25 along the Missouri River.

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1 (b) REQUIREMENTS.—Maps developed under the 2 project shall include hydrologic and hydraulic information 3 and shall accurately portray the flood hazard areas in the 4 floodplain. The maps shall be produced in a high resolu- 5 tion format and shall be made available to the State of 6 Iowa in an electronic format.

7 (c) PARTICIPATION OF FEMA.—The Secretary and 8 the non-Federal interests for the project shall work with 9 the Administrator of the Federal Emergency Management 10 Agency to ensure the validity of the maps developed under 11 the project for flood insurance purposes.

12 (d) FORMS OF ASSISTANCE.—In carrying out the 13 project, the Secretary may enter into contracts or coopera- 14 tive agreements with the non-Federal interests or provide 15 reimbursements of project costs.

16 (e) FEDERAL SHARE.—The Federal share of the cost 17 of the project shall be 50 percent.

18 (f) LIMITATION ON STATUTORY CONSTRUCTION.— 19 Nothing in this section shall be construed to modify the 20 prioritization of map updates or the substantive require- 21 ments of the Federal Emergency Management Agency 22 flood map modernization program authorized by section 23 1360 of the National Flood Insurance Act of 1968 (42 24 U.S.C. 4101).

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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to carry out this section 3 $3,000,000.

4 SEC. 5077. PADUCAH, KENTUCKY. 5 The Secretary shall complete a feasibility report for 6 rehabilitation of the project for flood damage reduction, 7 Paducah, Kentucky, authorized by section 4 of the Flood 8 Control Act of June 28, 1938 (52 Stat. 1217), and, if 9 the Secretary determines that the project is feasible, the 10 Secretary may carry out the project at a total cost of 11 $3,000,000.

12 SEC. 5078. SOUTHERN AND EASTERN KENTUCKY. 13 Section 531 of the Water Resources Development Act 14 of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) 15 is amended by adding at the end the following:

16 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Not more 17 than 10 percent of the amounts appropriated to carry out 18 this section may be used by the Corps of Engineers district 19 offices to administer projects under this section at Federal 20 expense.’’.

21 SEC. 5079. WINCHESTER, KENTUCKY. 22 Section 219(c) of the Water Resources Development 23 Act of 1992 (106 Stat. 4835; 114 Stat. 2763A–219) is 24 amended by adding at the end the following:

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1 ‘‘(41) WINCHESTER, KENTUCKY.—Wastewater 2 infrastructure, Winchester, Kentucky.’’.

3 SEC. 5080. BATON ROUGE, LOUISIANA. 4 Section 219(f)(21) of the Water Resources Develop- 5 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220) 6 is amended by striking ‘‘$20,000,000’’ and inserting 7 ‘‘$35,000,000’’.

8 SEC. 5081. CALCASIEU SHIP CHANNEL, LOUISIANA. 9 The Secretary shall expedite completion of a dredged 10 material management plan for the Calcasieu Ship Chan- 11 nel, Louisiana, and may take interim measures to increase 12 the capacity of existing disposal areas, or to construct new 13 confined or beneficial use disposal areas, for the channel.

14 SEC. 5082. EAST ATCHAFALAYA BASIN AND AMITE RIVER

15 BASIN REGION, LOUISIANA.

16 (a) EAST ATCHAFALAYA BASIN AND AMITE RIVER

17 BASIN REGION DEFINED.—In this section, the term 18 ‘‘East Atchafalaya Basin and Amite River Basin Region’’ 19 means the following parishes and municipalities in the 20 State of Louisiana: Ascension, East Baton Rouge, East 21 Feliciana, Iberville, Livingston, Pointe Coupee, St. Hel- 22 ena, West Baton Rouge, and West Feliciana.

23 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 24 may establish a program to provide environmental assist-

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3 (c) FORM OF ASSISTANCE.—Assistance provided 4 under this section may be in the form of design and con- 5 struction assistance for water-related environmental infra- 6 structure and resource protection and development 7 projects in the East Atchafalaya Basin and Amite River 8 Basin Region, including projects for wastewater treatment 9 and related facilities, water supply and related facilities, 10 environmental restoration, and surface water resource pro- 11 tection and development.

12 (d) OWNERSHIP REQUIREMENT.—The Secretary may 13 provide assistance for a project under this section only if 14 the project is publicly owned.

15 (e) PARTNERSHIP AGREEMENTS.—

16 (1) IN GENERAL.—Before providing assistance 17 under this section, the Secretary shall enter into a 18 partnership agreement with a non-Federal interest 19 to provide for design and construction of the project 20 to be carried out with the assistance.

21 (2) REQUIREMENTS.—Each partnership agree- 22 ment of a project entered into under this subsection 23 shall provide for the following:

24 (A) PLAN.—Development by the Secretary, 25 in consultation with appropriate Federal and

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4 (B) LEGAL AND INSTITUTIONAL STRUC-

5 TURES.—Establishment of such legal and insti- 6 tutional structures as are necessary to ensure 7 the effective long-term operation of the project 8 by the non-Federal interest.

9 (3) COST SHARING.—

10 (A) IN GENERAL.—The Federal share of 11 the cost of a project under this section— 12 (i) shall be 75 percent; and 13 (ii) may be provided in the form of 14 grants or reimbursements of project costs.

15 (B) CREDIT FOR WORK.—The Secretary 16 shall credit, in accordance with section 221 of 17 the Flood Control Act of 1970 (42 U.S.C. 18 1962d–5b), toward the non-Federal share of 19 the cost of the project the cost of design work 20 carried out by the non-Federal interest for the 21 project before the date of the partnership agree- 22 ment for the project.

23 (C) CREDIT FOR INTEREST.—In case of a 24 delay in the funding of the non-Federal share 25 of a project that is the subject of an agreement

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4 (D) CREDIT FOR LAND, EASEMENTS, AND

5 RIGHTS-OF-WAY.—The non-Federal interest 6 shall receive credit for land, easements, rights- 7 of-way, and relocations toward the non-Federal 8 share of project costs (including all reasonable 9 costs associated with obtaining permits nec- 10 essary for the construction, operation, and 11 maintenance of the project on publicly owned or 12 controlled land), but the credit may not exceed 13 25 percent of total project costs.

14 (E) OPERATION AND MAINTENANCE.—The 15 non-Federal share of operation and mainte- 16 nance costs for projects constructed with assist- 17 ance provided under this section shall be 100 18 percent.

19 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

20 LAWS.—Nothing in this section shall be construed to 21 waive, limit, or otherwise affect the applicability of any 22 provision of Federal or State law that would otherwise 23 apply to a project to be carried out with assistance pro- 24 vided under this section.

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1 (g) NONPROFIT ENTITIES.—In accordance with sec- 2 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 3 1962d–5b(b)), for any project carried out under this sec- 4 tion, a non-Federal interest may include a nonprofit entity 5 with the consent of the affected local government.

6 (h) CORPS OF ENGINEERS EXPENSES.—Not more 7 than 10 percent of the amounts appropriated to carry out 8 this section may be used by the Corps of Engineers district 9 offices to administer projects under this section at Federal 10 expense.

11 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated to carry out this section 13 $40,000,000.

14 SEC. 5083. INNER HARBOR NAVIGATION CANAL LOCK

15 PROJECT, LOUISIANA. 16 Not later than July 1, 2008, the Secretary shall— 17 (1) issue a final environmental impact state- 18 ment relating to the Inner Harbor Navigation Canal 19 Lock project, Louisiana; and 20 (2) develop and maintain a transportation miti- 21 gation program relating to that project in coordina- 22 tion with— 23 (A) St. Bernard Parish; 24 (B) Orleans Parish;

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4 SEC. 5084. LAKE PONTCHARTRAIN, LOUISIANA. 5 For purposes of carrying out section 121 of the Fed- 6 eral Water Pollution Control Act (33 U.S.C. 1273), the 7 Lake Pontchartrain, Louisiana, basin stakeholders con- 8 ference convened by the Environmental Protection Agen- 9 cy, National Oceanic and Atmospheric Administration, 10 and United States Geological Survey on February 25, 11 2002, shall be treated as being a management conference 12 convened under section 320 of such Act (33 U.S.C. 1330).

13 SEC. 5085. SOUTHEAST LOUISIANA REGION, LOUISIANA.

14 (a) DEFINITION OF SOUTHEAST LOUISIANA RE-

15 GION.—In this section, the term ‘‘Southeast Louisiana Re- 16 gion’’ means any of the following parishes and municipali- 17 ties in the State of Louisiana: 18 (1) Orleans. 19 (2) Jefferson. 20 (3) St. Tammany. 21 (4) Tangipahoa. 22 (5) St. Bernard. 23 (6) St. Charles. 24 (7) St. John. 25 (8) Plaquemines.

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1 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 2 may establish a program to provide environmental assist- 3 ance to non-Federal interests in the Southeast Louisiana 4 Region.

5 (c) FORM OF ASSISTANCE.—Assistance provided 6 under this section may be in the form of design and con- 7 struction assistance for water-related environmental infra- 8 structure and resource protection and development 9 projects in the Southeast Louisiana Region, including 10 projects for wastewater treatment and related facilities, 11 water supply and related facilities, environmental restora- 12 tion, and surface water resource protection and develop- 13 ment (including projects to improve water quality in the 14 Lake Pontchartrain basin).

15 (d) OWNERSHIP REQUIREMENT.—The Secretary may 16 provide assistance for a project under this section only if 17 the project is publicly owned.

18 (e) PARTNERSHIP AGREEMENTS.—

19 (1) IN GENERAL.—Before providing assistance 20 under this section, the Secretary shall enter into a 21 partnership agreement with a non-Federal interest 22 to provide for design and construction of the project 23 to be carried out with the assistance.

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1 (2) REQUIREMENTS.—Each partnership agree- 2 ment for a project entered into under this subsection 3 shall provide for the following:

4 (A) PLAN.—Development by the Secretary, 5 in consultation with appropriate Federal and 6 State officials, of a facilities or resource protec- 7 tion and development plan, including appro- 8 priate engineering plans and specifications.

9 (B) LEGAL AND INSTITUTIONAL STRUC-

10 TURES.—Establishment of such legal and insti- 11 tutional structures as are necessary to ensure 12 the effective long-term operation of the project 13 by the non-Federal interest.

14 (3) COST SHARING.—

15 (A) IN GENERAL.—The Federal share of 16 the cost of a project under this section— 17 (i) shall be 75 percent; and 18 (ii) may be provided in the form of 19 grants or reimbursements of project costs.

20 (B) CREDIT FOR WORK.—The Secretary 21 shall credit, in accordance with section 221 of 22 the Flood Control Act of 1970 (42 U.S.C. 23 1962d–5b), toward the non-Federal share of 24 the cost of the project the cost of design work 25 carried out by the non-Federal interest for the

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3 (C) CREDIT FOR INTEREST.—In case of a 4 delay in the funding of the non-Federal share 5 of the costs of a project that is the subject of 6 an agreement under this section, the non-Fed- 7 eral interest shall receive credit for reasonable 8 interest incurred in providing the non-Federal 9 share.

10 (D) CREDIT FOR LAND, EASEMENTS, AND

11 RIGHTS-OF-WAY.—The non-Federal interest 12 shall receive credit for land, easements, rights- 13 of-way, and relocations toward the non-Federal 14 share of project costs (including all reasonable 15 costs associated with obtaining permits nec- 16 essary for the construction, operation, and 17 maintenance of the project on publicly owned or 18 controlled land), but the credit may not exceed 19 25 percent of total project costs.

20 (E) OPERATION AND MAINTENANCE.—The 21 non-Federal share of operation and mainte- 22 nance costs for projects constructed with assist- 23 ance provided under this section shall be 100 24 percent.

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1 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

2 LAWS.—Nothing in this section shall be construed to 3 waive, limit, or otherwise affect the applicability of any 4 provision of Federal or State law that would otherwise 5 apply to a project to be carried out with assistance pro- 6 vided under this section.

7 (g) NONPROFIT ENTITIES.—In accordance with sec- 8 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 9 1962d–5b(b)), for any project carried out under this sec- 10 tion, a non-Federal interest may include a nonprofit entity 11 with the consent of the affected local government.

12 (h) CORPS OF ENGINEERS EXPENSES.—Not more 13 than 10 percent of amounts made available to carry out 14 this section may be used by the Corps of Engineers district 15 offices to administer projects under this section at Federal 16 expense.

17 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated to carry out this section 19 $17,000,000.

20 SEC. 5086. WEST BATON ROUGE PARISH, LOUISIANA.

21 (a) MODIFICATION OF STUDY.—The study for the 22 project for waterfront and riverine preservation, restora- 23 tion, and enhancement, Mississippi River, West Baton 24 Rouge Parish, Louisiana, being carried out under Com- 25 mittee Resolution 2570 of the Committee on Transpor-

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5 (b) CONSTRUCTION.—The Secretary may, upon com- 6 pletion of the study, participate in the ecosystem restora- 7 tion, navigation, flood damage reduction, and recreation 8 components of the project.

9 (c) CREDIT.—The Secretary shall credit, in accord- 10 ance with section 221 of the Flood Control Act of 1970 11 (42 U.S.C. 1962d–5b), toward the non-Federal share of 12 the cost of the project the cost of design work carried out 13 by the non-Federal interest for the project before the date 14 of the partnership agreement for the project.

15 (d) EXPEDITED CONSIDERATION.—Section 517(5) of 16 the Water Resources Development Act of 1999 (113 Stat. 17 345) is amended to read as follows: 18 ‘‘(5) Mississippi River, West Baton Rouge, 19 West Feliciana, and East Baton Rouge Parishes, 20 Louisiana, project for waterfront and riverine pres- 21 ervation, restoration, and enhancement modifica- 22 tions.’’.

23 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 24 authorized to be appropriated to carry out this section 25 $10,000,000.

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2 (a) IN GENERAL.—The Secretary may carry out a 3 project for nonstructural flood damage reduction and eco- 4 system restoration at Charlestown, Maryland.

5 (b) LAND ACQUISITION.—The flood damage reduc- 6 tion component of the project may include the acquisition 7 of private property from willing sellers.

8 (c) JUSTIFICATION.—Any nonstructural flood dam- 9 age reduction project to be carried out under this section 10 that will result in the conversion of property to use for 11 ecosystem restoration and wildlife habitat shall be justified 12 based on national ecosystem restoration benefits.

13 (d) USE OF ACQUIRED PROPERTY.—Property ac- 14 quired under this section shall be maintained in public 15 ownership for ecosystem restoration and wildlife habitat.

16 (e) ABILITY TO PAY.—In determining the appro- 17 priate non-Federal cost share for the project, the Sec- 18 retary shall determine the ability of Cecil County, Mary- 19 land, to participate as a cost-sharing non-Federal interest 20 in accordance with section 103(m) of the Water Resources 21 Development Act of 1986 (33 U.S.C. 2213(m)).

22 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated $2,000,000 to carry out this 24 section.

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2 (a) IN GENERAL.—The Secretary shall carry out the 3 project for shoreline protection, St. Mary’s River, Mary- 4 land, under section 3 of the Act entitled ‘‘An Act author- 5 izing Federal participation in the cost of protecting the 6 shores of publicly owned property’’, approved August 13, 7 1946 (33 U.S.C. 426g).

8 (b) USE OF FUNDS.—In carrying out the project 9 under subsection (a), the Secretary shall use funds made 10 available for such project under Energy and Water Devel- 11 opment Appropriations Act, 2006 (Public Law 109–103).

12 SEC. 5089. MASSACHUSETTS DREDGED MATERIAL DIS-

13 POSAL SITES. 14 The Secretary may cooperate with Massachusetts in 15 the management and long-term monitoring of aquatic 16 dredged material disposal sites within the State and is au- 17 thorized to accept funds from the State to carry out such 18 activities.

19 SEC. 5090. ONTONAGON HARBOR, MICHIGAN. 20 The Secretary shall conduct a study of shore damage 21 in the vicinity of the project for navigation, Ontonagon 22 Harbor, Ontonagon County, Michigan, authorized by sec- 23 tion 101 of the Rivers and Harbors Act of 1962 (76 Stat. 24 1176) and reauthorized by section 363 of the Water Re- 25 sources Development Act of 1996 (110 Stat. 3730), to de- 26 termine if the damage is the result of a Federal navigation

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6 SEC. 5091. CROOKSTON, MINNESOTA. 7 The Secretary shall conduct a study for a project for 8 emergency streambank protection along the Red Lake 9 River in Crookston, Minnesota, and, if the Secretary de- 10 termines that the project is feasible, the Secretary may 11 carry out the project under section 14 of the Flood Control 12 Act of 1946 (33 U.S.C. 701r); except that the maximum 13 amount of Federal funds that may be expended for the 14 project shall be $6,500,000.

15 SEC. 5092. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.

16 (a) PROJECT DESCRIPTION.—Section 219(f)(61) of 17 the Water Resources Development Act of 1992 (114 Stat. 18 2763A–221) is amended—

19 (1) in the paragraph heading by striking ‘‘AND

20 KATHIO TOWNSHIP’’ and inserting ‘‘, CROW WING

21 COUNTY, MILLE LACS COUNTY, MILLE LACS INDIAN

22 RESERVATION, AND KATHIO TOWNSHIP’’; 23 (2) by striking ‘‘$11,000,000’’ and inserting 24 ‘‘$17,000,000’’;

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11 (b) PROCEDURES.—In carrying out the project au- 12 thorized by such section 219(f)(61), the Secretary may use 13 the cost sharing and contracting procedures available to 14 the Secretary under section 569 of the Water Resources 15 Development Act of 1999 (113 Stat. 368).

16 SEC. 5093. ITASCA COUNTY, MINNESOTA. 17 The Secretary shall carry out a project for flood dam- 18 age reduction, Trout Lake and Canisteo Pit, Itasca Coun- 19 ty, Minnesota, without regard to normal policy consider- 20 ations.

21 SEC. 5094. MINNEAPOLIS, MINNESOTA.

22 (a) CONVEYANCE.—The Secretary shall convey to the 23 city of Minneapolis by quitclaim deed and without consid- 24 eration all right, title, and interest of the United States

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3 (b) APPLICABILITY OF PROPERTY SCREENING PRO-

4 VISIONS.—Section 2696 of title 10, United States Code, 5 shall not apply to the conveyance under this section.

6 SEC. 5095. NORTHEASTERN MINNESOTA.

7 (a) IN GENERAL.—Section 569 of the Water Re- 8 sources Development Act of 1999 (113 Stat. 368) is 9 amended— 10 (1) in subsection (a) by striking ‘‘Benton, 11 Sherburne,’’ and inserting ‘‘Beltrami, Hubbard, 12 Wadena,’’; 13 (2) by striking the last sentence of subsection 14 (e)(3)(B); 15 (3) by striking subsection (g) and inserting the 16 following:

17 ‘‘(g) NONPROFIT ENTITIES.—In accordance with sec- 18 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 19 1962d–5b(b)), for any project carried out under this sec- 20 tion, a non-Federal interest may include a nonprofit entity 21 with the consent of the affected local government.’’; 22 (4) in subsection (h) by striking ‘‘$40,000,000’’ 23 and inserting ‘‘$54,000,000’’; and 24 (5) by adding at the end the following:

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1 ‘‘(i) CORPS OF ENGINEERS EXPENSES.—Not more 2 than 10 percent of the amounts appropriated to carry out 3 this section may be used by the Corps of Engineers district 4 offices to administer projects under this section at Federal 5 expense.’’.

6 (b) BIWABIK, MINNESOTA.—The Secretary shall re- 7 imburse the non-Federal interest for the project for envi- 8 ronmental infrastructure, Biwabik, Minnesota, carried out 9 under section 569 of the Water Resources Development 10 Act of 1999 (113 Stat. 368), for planning, design, and 11 construction costs that were incurred by the non-Federal 12 interest with respect to the project before the date of the 13 partnership agreement for the project and that were in 14 excess of the non-Federal share of the cost of the project 15 if the Secretary determines that the costs are appropriate.

16 SEC. 5096. WILD RICE RIVER, MINNESOTA. 17 The Secretary shall expedite the completion of the 18 general reevaluation report, authorized by section 438 of 19 the Water Resources Development Act of 2000 (114 Stat. 20 2640), for the project for flood protection, Wild Rice 21 River, Minnesota, authorized by section 201 of the Flood 22 Control Act of 1970 (84 Stat. 1825), to develop alter- 23 natives to the Twin Valley Lake feature, and upon the 24 completion of such report, shall construct the project at 25 a total cost of $20,000,000.

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6 SEC. 5098. HARRISON, HANCOCK, AND JACKSON COUNTIES,

7 MISSISSIPPI. 8 In carrying out projects for the protection, restora- 9 tion, and creation of aquatic and ecologically related habi- 10 tats located in Harrison, Hancock, and Jackson Counties, 11 Mississippi, under section 204 of the Water Resources De- 12 velopment Act of 1992 (33 U.S.C. 2326), the Secretary 13 shall accept any portion of the non-Federal share of the 14 cost of the projects in the form of in-kind services and 15 materials.

16 SEC. 5099. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS. 17 As a part of the operation and maintenance of the 18 project for the Mississippi River (Regulating Works), be- 19 tween the Ohio and Missouri Rivers, Missouri and Illinois, 20 authorized by the first section of an Act entitled ‘‘Making 21 appropriations for the construction, repair, and preserva- 22 tion of certain public works on rivers and harbors, and 23 for other purposes’’, approved June 25, 1910 (36 Stat. 24 630), the Secretary may carry out activities necessary to 25 restore and protect fish and wildlife habitat in the middle 26 Mississippi River system. Such activities may include

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6 SEC. 5100. ST. LOUIS, MISSOURI. 7 Section 219(f)(32) of the Water Resources Develop- 8 ment Act of 1992 (113 Stat. 337) is amended— 9 (1) by striking ‘‘a project’’ and inserting 10 ‘‘projects’’; 11 (2) by striking ‘‘$15,000,000’’ and inserting 12 ‘‘$35,000,000’’; and 13 (3) by inserting ‘‘and St. Louis County’’ before 14 ‘‘, Missouri’’.

15 SEC. 5101. ST. LOUIS REGIONAL GREENWAYS, ST. LOUIS,

16 MISSOURI.

17 (a) IN GENERAL.—The Secretary may participate in 18 the ecosystem restoration, recreation, and flood damage 19 reduction components of the St. Louis Regional Green- 20 ways Proposal of the Metropolitan Park and Recreation 21 District, St. Louis, Missouri, dated March 31, 2004.

22 (b) COORDINATION.—In carrying out this section, the 23 Secretary shall coordinate with appropriate representa- 24 tives in the vicinity of St. Louis, Missouri, including the

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3 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated $10,000,000 to carry out 5 this section.

6 SEC. 5102. MISSOULA, MONTANA.

7 (a) IN GENERAL.—The Secretary may participate in 8 the ecosystem restoration, flood damage reduction, and 9 recreation components of the Clark Fork River Revitaliza- 10 tion Project, Missoula, Montana.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 12 authorized to be appropriated $5,000,000 to carry out this 13 section.

14 SEC. 5103. ST. MARY PROJECT, GLACIER COUNTY, MON-

15 TANA.

16 (a) IN GENERAL.—The Secretary, in consultation 17 with the Bureau of Reclamation, shall conduct all nec- 18 essary studies, develop an emergency response plan, pro- 19 vide technical and planning and design assistance, and re- 20 habilitate and construct the St. Mary Diversion and Con- 21 veyance Works project located within the exterior bound- 22 aries of the Blackfeet Reservation in the State of Mon- 23 tana, at a total cost of $153,000,000.

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1 (b) FEDERAL SHARE.—The Federal share of the 2 total cost of the project under this section shall be 75 per- 3 cent.

4 (c) PARTICIPATION BY BLACKFEET TRIBE AND FORT

5 BELKNAP INDIAN COMMUNITY.—

6 (1) IN GENERAL.—Except as provided in para- 7 graph (2), no construction shall be carried out under 8 this section until the earlier of— 9 (A) the date on which Congress approves 10 the reserved water rights settlements of the 11 Blackfeet Tribe and the Fort Belknap Indian 12 Community; and 13 (B) January 1, 2011.

14 (2) EXCEPTION.—Paragraph (1) shall not 15 apply with respect to construction relating to— 16 (A) standard operation and maintenance; 17 or 18 (B) emergency repairs to ensure water 19 transportation or the protection of life and 20 property.

21 (3) REQUIREMENT.—The Blackfeet Tribe shall 22 be a participant in all phases of the project author- 23 ized by this section.

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2 TION, NEBRASKA.

3 (a) IN GENERAL.—The Secretary may cooperate with 4 and provide assistance to the Lower Platte River natural 5 resources districts in the State of Nebraska to serve as 6 non-Federal interests with respect to— 7 (1) conducting comprehensive watershed plan- 8 ning in the natural resource districts; 9 (2) assessing water resources in the natural re- 10 source districts; and 11 (3) providing project feasibility planning, de- 12 sign, and construction assistance for water resource 13 and watershed management in the natural resource 14 districts, including projects for environmental res- 15 toration and flood damage reduction.

16 (b) FUNDING.—

17 (1) FEDERAL SHARE.—The Federal share of 18 the cost of carrying out an activity described in sub- 19 section (a)(1) shall be 75 percent.

20 (2) NON-FEDERAL SHARE.—The non-Federal 21 share of the cost of carrying out an activity de- 22 scribed in subsection (a) may be provided in cash or 23 in kind.

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 25 authorized to be appropriated to the Secretary to carry 26 out this section $12,000,000.

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2 SEY. 3 Section 324 of the Water Resources Development Act 4 of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended— 5 (1) in subsection (a)— 6 (A) by striking ‘‘design’’ and inserting 7 ‘‘planning, design,’’; and 8 (B) by striking ‘‘Hackensack Meadowlands 9 Development’’ and all that follows through 10 ‘‘Plan for’’ and inserting ‘‘New Jersey 11 Meadowlands Commission for the development 12 of an environmental improvement program for’’; 13 (2) in subsection (b)— 14 (A) in the subsection heading by striking

15 ‘‘REQUIRED’’; 16 (B) by striking ‘‘shall’’ and inserting 17 ‘‘may’’; 18 (C) by striking paragraph (1) and insert- 19 ing the following: 20 ‘‘(1) Restoration and acquisitions of significant 21 wetlands and aquatic habitat that contribute to the 22 Meadowlands ecosystem.’’; 23 (D) in paragraph (2) by inserting ‘‘and 24 aquatic habitat’’ before the period at the end; 25 and

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19 ‘‘(d) CREDIT.—The Secretary shall credit, in accord- 20 ance with section 221 of the Flood Control Act of 1970 21 (42 U.S.C. 1962d–5b), toward the non-Federal share of 22 the cost of a project to be carried out under the program 23 developed under subsection (a) the cost of design work 24 carried out by the non-Federal interest for the project be-

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6 SEC. 5106. ATLANTIC COAST OF NEW YORK.

7 (a) DEVELOPMENT OF PROGRAM.—Section 404(a) of 8 the Water Resources Development Act of 1992 (106 Stat. 9 4863) is amended— 10 (1) by striking ‘‘processes’’ and inserting ‘‘and 11 related environmental processes’’; 12 (2) by inserting after ‘‘Atlantic Coast’’ the fol- 13 lowing: ‘‘(and associated back bays)’’; 14 (3) by inserting after ‘‘actions’’ the following: ‘‘, 15 environmental restoration or conservation measures 16 for coastal and back bays,’’; and 17 (4) by adding at the end the following: ‘‘The 18 plan for collecting data and monitoring information 19 included in such annual report shall be coordinated 20 with and agreed to by appropriate agencies of the 21 State of New York.’’.

22 (b) ANNUAL REPORTS.—Section 404(b) of such Act 23 is amended—

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1 (1) by striking ‘‘INITIAL PLAN.—Not later than 2 12 months after the date of the enactment of this

3 Act, the’’ and inserting ‘‘ANNUAL REPORTS.—The’’; 4 (2) by striking ‘‘initial plan for data collection 5 and monitoring’’ and inserting ‘‘annual report of 6 data collection and monitoring activities’’; and 7 (3) by striking the last sentence.

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 9 404(c) of such Act (113 Stat. 341) is amended by striking 10 ‘‘and an additional total of $2,500,000 for fiscal years 11 thereafter’’ and inserting ‘‘$2,500,000 for fiscal years 12 2000 through 2004, and $7,500,000 for fiscal years begin- 13 ning after September 30, 2004,’’.

14 (d) TSUNAMI WARNING SYSTEM.—Section 404 of the 15 Water Resources Development Act of 1992 (106 Stat. 16 4863) is amended by adding at the end the following:

17 ‘‘(d) TSUNAMI WARNING SYSTEM.—There is author- 18 ized to be appropriated $800,000 for the Secretary to 19 carry out a project for a tsunami warning system, Atlantic 20 Coast of New York.’’.

21 SEC. 5107. COLLEGE POINT, NEW YORK CITY, NEW YORK. 22 In carrying out section 312 of the Water Resources 23 Development Act of 1990 (104 Stat. 4639), the Secretary 24 shall give priority to work in College Point, New York 25 City, New York.

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2 NEW YORK. 3 The Secretary shall credit, in accordance with section 4 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d– 5 5b), toward the non-Federal share of the cost of the 6 project for ecosystem restoration, Flushing Bay and 7 Creek, New York City, New York, the cost of design and 8 construction work carried out by the non-Federal interest 9 before the date of the partnership agreement for the 10 project.

11 SEC. 5109. HUDSON RIVER, NEW YORK. 12 The Secretary may participate with the State of New 13 York, New York City, and the Hudson River Park Trust 14 in carrying out activities to restore critical marine habitat, 15 improve safety, and protect and rehabilitate critical infra- 16 structure with respect to the Hudson River. There is au- 17 thorized to be appropriated $10,000,000 to carry out this 18 section.

19 SEC. 5110. MOUNT MORRIS DAM, NEW YORK. 20 As part of the operation and maintenance of the 21 Mount Morris Dam, New York, the Secretary may make 22 improvements to the access road for the dam to provide 23 safe access to a Federal visitor’s center.

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2 SHORE WATERSHED RESTORATION, NEW

3 YORK.

4 (a) IN GENERAL.—The Secretary may participate in 5 the ecosystem restoration, navigation, flood damage reduc- 6 tion, and recreation components of the North Hempstead 7 and Glen Cove North Shore watershed restoration, New 8 York.

9 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 10 authorized to be appropriated $10,000,000 to carry out 11 this section.

12 SEC. 5112. ROCHESTER, NEW YORK.

13 (a) IN GENERAL.—The Secretary may participate in 14 the ecosystem restoration, navigation, flood damage reduc- 15 tion, and recreation components of the Port of Rochester 16 waterfront revitalization project, Rochester, New York.

17 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 18 authorized to be appropriated $10,000,000 to carry out 19 this section.

20 SEC. 5113. NORTH CAROLINA.

21 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 22 shall establish a program to provide environmental assist- 23 ance to non-Federal interests in the State of North Caro- 24 lina.

25 (b) FORM OF ASSISTANCE.—Assistance provided 26 under this section may be in the form of design and con-

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13 (c) OWNERSHIP REQUIREMENT.—The Secretary may 14 provide assistance for a project under this section only if 15 the project is publicly owned.

16 (d) PARTNERSHIP AGREEMENTS.—

17 (1) IN GENERAL.—Before providing assistance 18 under this section, the Secretary shall enter into a 19 partnership agreement with a non-Federal interest 20 to provide for design and construction of the project 21 to be carried out with the assistance.

22 (2) REQUIREMENTS.—Each partnership agree- 23 ment for a project entered into under this subsection 24 shall provide for the following:

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1 (A) PLAN.—Development by the Secretary, 2 in consultation with appropriate Federal and 3 State officials, of a facilities development plan 4 or resource protection plan, including appro- 5 priate plans and specifications.

6 (B) LEGAL AND INSTITUTIONAL STRUC-

7 TURES.—Establishment of such legal and insti- 8 tutional structures as are necessary to ensure 9 the effective long-term operation of the project 10 by the non-Federal interest.

11 (3) COST SHARING.—

12 (A) IN GENERAL.—The Federal share of 13 the cost of a project under this section— 14 (i) shall be 75 percent; and 15 (ii) may be provided in the form of 16 grants or reimbursements of project costs.

17 (B) CREDIT FOR WORK.—The Secretary 18 shall credit, in accordance with section 221 of 19 the Flood Control Act of 1970 (42 U.S.C. 20 1962d–5b), toward the non-Federal share of 21 the cost of the project, in an amount not to ex- 22 ceed 6 percent of the total construction costs of 23 the project, the cost of design work carried out 24 by the non-Federal interest for the project be-

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3 (C) CREDIT FOR INTEREST.—In case of a 4 delay in the funding of the non-Federal share 5 of the costs of a project that is the subject of 6 an agreement under this section, the non-Fed- 7 eral interest shall receive credit for reasonable 8 interest incurred in providing the non-Federal 9 share.

10 (D) CREDIT FOR LAND, EASEMENTS, AND

11 RIGHTS-OF-WAY.—The non-Federal interest 12 shall receive credit for land, easements, rights- 13 of-way, and relocations toward the non-Federal 14 share of project costs (including all reasonable 15 costs associated with obtaining permits nec- 16 essary for the construction, operation, and 17 maintenance of the project on publicly owned or 18 controlled land).

19 (E) OPERATION AND MAINTENANCE.—The 20 non-Federal share of operation and mainte- 21 nance costs for projects constructed with assist- 22 ance provided under this section shall be 100 23 percent.

24 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

25 LAWS.—Nothing in this section shall be construed to

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5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 6 authorized to be appropriated to carry out this section 7 $13,000,000.

8 SEC. 5114. STANLY COUNTY, NORTH CAROLINA. 9 Section 219(f)(64) of the Water Resources Develop- 10 ment Act of 1992 (114 Stat. 2763A–221) is amended by 11 inserting ‘‘water and’’ before ‘‘wastewater’’.

12 SEC. 5115. JOHN H. KERR DAM AND RESERVOIR, NORTH

13 CAROLINA. 14 The Secretary shall expedite the completion of the 15 calculations necessary to negotiate and execute a revised, 16 permanent contract for water supply storage at John H. 17 Kerr Dam and Reservoir, North Carolina, among the Sec- 18 retary and the Kerr Lake Regional Water System and the 19 city of Henderson, North Carolina.

20 SEC. 5116. CINCINNATI, OHIO.

21 (a) IN GENERAL.—The Secretary may undertake the 22 ecosystem restoration and recreation components of the 23 Central Riverfront Park Master Plan, dated December 24 1999, at a total cost of $30,000,000.

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1 (b) CREDIT.—The Secretary shall credit, in accord- 2 ance with section 221 of the Flood Control Act of 1970 3 (42 U.S.C. 1962d–5b), toward the non-Federal share of 4 the cost of the project the cost of planning, design, and 5 construction work carried out by the non-Federal interest 6 for the project before the date of the partnership agree- 7 ment for the project.

8 SEC. 5117. OHIO RIVER BASIN ENVIRONMENTAL MANAGE-

9 MENT.

10 (a) DEFINITIONS.—In this section, the following defi- 11 nitions apply:

12 (1) OHIO RIVER BASIN.—The term ‘‘Ohio River 13 Basin’’ means the Ohio River, its backwaters, its 14 side channels, and all tributaries (including their wa- 15 tersheds) that drain into the Ohio River and encom- 16 passing areas of any of the States of Indiana, Ohio, 17 Kentucky, Pennsylvania, West Virginia, Illinois, New 18 York, and Virginia.

19 (2) COMPACT.—The term ‘‘Compact’’ means 20 the Ohio River Watershed Sanitation Commission 21 flood and pollution control compact between the 22 States of Indiana, West Virginia, Ohio, Kentucky, 23 Pennsylvania, New York, Illinois, and Virginia, to 24 which consent was given by Congress pursuant to

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3 (b) ASSISTANCE.—The Secretary may provide plan- 4 ning, design, and construction assistance to the Compact 5 for the improvement of the quality of the environment in 6 and along the Ohio River Basin.

7 (c) PRIORITIES.—In providing assistance under this 8 section, the Secretary shall give priority to reducing or 9 eliminating the presence of organic pollutants in the Ohio 10 River Basin through the renovation and technological im- 11 provement of the organic detection system monitoring sta- 12 tions along the Ohio River in the States of Indiana, Ohio, 13 West Virginia, Kentucky, and Pennsylvania.

14 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated to carry out this section 16 $2,500,000.

17 SEC. 5118. TOUSSAINT RIVER NAVIGATION PROJECT, CAR-

18 ROLL TOWNSHIP, OHIO.

19 (a) IN GENERAL.—The costs of operation and main- 20 tenance activities for the Toussaint River Federal naviga- 21 tion project, Carroll Township, Ohio, that are carried out 22 in accordance with section 107 of the River and Harbor 23 Act of 1960 (33 U.S.C. 577) and relate directly to the 24 presence of unexploded ordnance, shall be carried out at 25 Federal expense.

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1 (b) CALCULATION OF TOTAL COSTS.—The Secretary 2 shall not consider the additional costs of dredging due to 3 the presence of unexploded ordnance when calculating the 4 costs of the project referred to in subsection (a) for the 5 purposes of section 107(b) of such Act (33 U.S.C. 577(b)).

6 SEC. 5119. STATEWIDE COMPREHENSIVE WATER PLAN-

7 NING, OKLAHOMA.

8 (a) IN GENERAL.—The Secretary shall provide tech- 9 nical assistance for the development of updates of the 10 Oklahoma comprehensive water plan.

11 (b) TECHNICAL ASSISTANCE.—Technical assistance 12 provided under subsection (a) may include— 13 (1) acquisition of hydrologic data, groundwater 14 characterization, database development, and data 15 distribution; 16 (2) expansion of surface water and groundwater 17 monitoring networks; 18 (3) assessment of existing water resources, sur- 19 face water storage, and groundwater storage poten- 20 tial; 21 (4) numerical analysis and modeling necessary 22 to provide an integrated understanding of water re- 23 sources and water management options; 24 (5) participation in State planning forums and 25 planning groups;

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5 (c) ALLOCATION.—The Secretary shall allocate, sub- 6 ject to the availability of appropriations, $6,500,000 to 7 provide technical assistance and for the development of 8 updates of the Oklahoma comprehensive water plan.

9 (d) COST SHARING REQUIREMENT.—The non-Fed- 10 eral share of the total cost of any activity carried out 11 under this section— 12 (1) shall be 25 percent; and 13 (2) may be in the form of cash or any in-kind 14 services that the Secretary determines would con- 15 tribute substantially toward the conduct and comple- 16 tion of the activity assisted.

17 SEC. 5120. FERN RIDGE DAM, OREGON. 18 The Secretary may treat all work carried out for 19 emergency corrective actions to repair the embankment 20 dam at the Fern Ridge Lake project, Oregon, as a dam 21 safety project. The cost of work carried out may be recov- 22 ered in accordance with section 1203 of the Water Re- 23 sources Development Act of 1986 (33 U.S.C. 467n; 100 24 Stat. 4263).

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6 ‘‘(A) IN GENERAL.—$20,000,000’’; 7 (2) by adding at the end the following:

8 ‘‘(B) CREDIT.—The Secretary shall credit, 9 in accordance with section 221 of the Flood 10 Control Act of 1970 (42 U.S.C. 1962d–5b), to- 11 ward the non-Federal share of the cost of the 12 project the cost of work carried out by the non- 13 Federal interest for the project before the date 14 of the partnership agreement for the project.’’; 15 and 16 (3) by aligning the remainder of the text of 17 subparagraph (A) (as designated by paragraph (1) 18 of this section) with subparagraph (B) (as added by 19 paragraph (2) of this section).

20 SEC. 5122. CLINTON COUNTY, PENNSYLVANIA. 21 Section 219(f)(13) of the Water Resources Develop- 22 ment Act of 1992 (113 Stat. 335) is amended by striking 23 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’.

24 SEC. 5123. KEHLY RUN DAMS, PENNSYLVANIA. 25 Section 504(a)(2) of the Water Resources Develop- 26 ment Act of 1999 (113 Stat. 338; 117 Stat. 1842) is

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3 SEC. 5124. LEHIGH RIVER, LEHIGH COUNTY, PENNSYL-

4 VANIA. 5 The Secretary shall use existing water quality data 6 to model the effects of the Francis E. Walter Dam, at 7 different water levels, to determine its impact on water 8 and related resources in and along the Lehigh River in 9 Lehigh County, Pennsylvania. There is authorized to be 10 appropriated $500,000 to carry out this section.

11 SEC. 5125. NORTHEAST PENNSYLVANIA. 12 Section 219(f)(11) of the Water Resources Develop- 13 ment Act of 1992 (113 Stat. 335) is amended by striking 14 ‘‘and Monroe’’ and inserting ‘‘Northumberland, Union, 15 Snyder, Luzerne, and Monroe’’.

16 SEC. 5126. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL-

17 VANIA AND NEW YORK.

18 (a) STUDY AND STRATEGY DEVELOPMENT.—Section 19 567(a) of the Water Resources Development Act of 1996 20 (110 Stat. 3787; 114 Stat. 2662) is amended— 21 (1) in the matter preceding paragraph (1) by 22 inserting ‘‘and carry out’’ after ‘‘develop’’; and 23 (2) in paragraph (2) by striking 24 ‘‘$10,000,000.’’ and inserting ‘‘$20,000,000, of 25 which the Secretary may utilize not more than

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8 (b) PARTNERSHIP AGREEMENTS.—Section 567(c) of 9 such Act (114 Stat. 2662) is amended—

10 (1) in the subsection heading by striking ‘‘CO-

11 OPERATION’’ and inserting ‘‘PARTNERSHIP’’; and 12 (2) in the first sentence— 13 (A) by inserting ‘‘and carrying out’’ after 14 ‘‘developing’’; and 15 (B) by striking ‘‘cooperation’’ and insert- 16 ing ‘‘cost-sharing and partnership’’.

17 (c) IMPLEMENTATION OF STRATEGY.—Section 18 567(d) of such Act (114 Stat. 2663) is amended— 19 (1) by striking ‘‘The Secretary’’ and inserting 20 the following:

21 ‘‘(1) IN GENERAL.—The Secretary’’; 22 (2) in the second sentence of paragraph (1) (as 23 so designated)— 24 (A) by striking ‘‘implement’’ and inserting 25 ‘‘carry out’’; and

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4 ‘‘(2) PRIORITY PROJECT.—In carrying out 5 projects to implement the strategy, the Secretary 6 shall give priority to the project for ecosystem res- 7 toration, Cooperstown, New York, described in the 8 Upper Susquehanna River Basin—Cooperstown 9 Area Ecosystem Restoration Feasibility Study, dated 10 December 2004, prepared by the Corps of Engineers 11 and the New York State department of environ- 12 mental conservation.’’; and 13 (4) by aligning the remainder of the text of 14 paragraph (1) (as designated by paragraph (1) of 15 this subsection) with paragraph (2) (as added by 16 paragraph (3) of this subsection).

17 (d) CREDIT.—Section 567 of such Act (110 Stat. 18 3787; 114 Stat. 2662) is amended by adding at the end 19 the following:

20 ‘‘(e) CREDIT.—The Secretary shall credit toward the 21 non-Federal share of the cost of a project under this sec- 22 tion— 23 ‘‘(1) in accordance with section 221 of the 24 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), 25 the cost of design and construction work carried out

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7 SEC. 5127. CANO MARTIN PENA, SAN JUAN, PUERTO RICO. 8 The Secretary shall review a report prepared by the 9 non-Federal interest concerning flood protection and envi- 10 ronmental restoration for Cano Martin Pena, San Juan, 11 Puerto Rico, and, if the Secretary determines that the re- 12 port meets the evaluation and design standards of the 13 Corps of Engineers and that the project is feasible, the 14 Secretary may carry out the project at a total cost of 15 $150,000,000.

16 SEC. 5128. LAKES MARION AND MOULTRIE, SOUTH CARO-

17 LINA. 18 Section 219(f)(25) of the Water Resources Develop- 19 ment Act of 1992 (113 Stat. 336; 114 Stat. 2763A–220; 20 117 Stat. 1838) is amended by striking ‘‘$35,000,000’’ 21 and inserting ‘‘$60,000,000’’.

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2 SIOUX TRIBE, AND TERRESTRIAL WILDLIFE

3 HABITAT RESTORATION, SOUTH DAKOTA.

4 (a) DISBURSEMENT PROVISIONS OF STATE OF

5 SOUTH DAKOTA AND CHEYENNE RIVER SIOUX TRIBE

6 AND LOWER BRULE SIOUX TRIBE TERRESTRIAL WILD-

7 LIFE HABITAT RESTORATION TRUST FUNDS.—Section 8 602(a)(4) of the Water Resources Development Act of 9 1999 (113 Stat. 386) is amended— 10 (1) in subparagraph (A)— 11 (A) in clause (i) by inserting ‘‘and the Sec- 12 retary of the Treasury’’ after ‘‘Secretary’’; and 13 (B) by striking clause (ii) and inserting the 14 following:

15 ‘‘(ii) AVAILABILITY OF FUNDS.—On 16 notification in accordance with clause (i), 17 the Secretary of the Treasury shall make 18 available to the State of South Dakota 19 funds from the State of South Dakota Ter- 20 restrial Wildlife Habitat Restoration Trust 21 Fund established under section 603 to be 22 used to carry out the plan for terrestrial 23 wildlife habitat restoration submitted by 24 the State of South Dakota after the State 25 certifies to the Secretary of the Treasury 26 that the funds to be disbursed will be used

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6 ‘‘(ii) AVAILABILITY OF FUNDS.—On 7 notification in accordance with clause (i), 8 the Secretary of the Treasury shall make 9 available to the Cheyenne River Sioux 10 Tribe and the Lower Brule Sioux Tribe 11 funds from the Cheyenne River Sioux Ter- 12 restrial Wildlife Habitat Restoration Trust 13 Fund and the Lower Brule Sioux Terres- 14 trial Wildlife Habitat Restoration Trust 15 Fund, respectively, established under sec- 16 tion 604, to be used to carry out the plans 17 for terrestrial wildlife habitat restoration 18 submitted by the Cheyenne River Sioux 19 Tribe and the Lower Brule Sioux Tribe, 20 respectively, to after the respective tribe 21 certifies to the Secretary of the Treasury 22 that the funds to be disbursed will be used 23 in accordance with section 604(d)(3) and 24 only after the Trust Fund is fully capital- 25 ized.’’.

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1 (b) INVESTMENT PROVISIONS OF THE STATE OF

2 SOUTH DAKOTA TERRESTRIAL WILDLIFE RESTORATION

3 TRUST FUND.—Section 603 of the Water Resources De- 4 velopment Act of 1999 (113 Stat. 388; 114 Stat. 2664) 5 is amended— 6 (1) by striking subsection (c) and inserting the 7 following:

8 ‘‘(c) INVESTMENTS.—

9 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith- 10 standing any other provision of law, the Secretary of 11 the Treasury shall invest the amounts deposited 12 under subsection (b) and the interest earned on 13 those amounts only in interest-bearing obligations of 14 the United States issued directly to the Fund.

15 ‘‘(2) INVESTMENT REQUIREMENTS.—

16 ‘‘(A) IN GENERAL.—The Secretary of the 17 Treasury shall invest the amounts in the Fund 18 in accordance with the requirements of this 19 paragraph.

20 ‘‘(B) SEPARATE INVESTMENTS OF PRIN-

21 CIPAL AND INTEREST.—

22 ‘‘(i) PRINCIPAL ACCOUNT.—The 23 amounts deposited in the Fund under sub- 24 section (b) shall be credited to an account 25 within the Fund (referred to in this para-

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3 ‘‘(ii) INTEREST ACCOUNT.—The inter- 4 est earned from investing amounts in the 5 principal account of the Fund shall be 6 transferred to a separate account within 7 the Fund (referred to in this paragraph as 8 the ‘interest account’) and invested as pro- 9 vided in subparagraph (D).

10 ‘‘(iii) CREDITING.—The interest 11 earned from investing amounts in the in- 12 terest account of the Fund shall be cred- 13 ited to the interest account.

14 ‘‘(C) INVESTMENT OF PRINCIPAL AC-

15 COUNT.—

16 ‘‘(i) INITIAL INVESTMENT.—Each 17 amount deposited in the principal account 18 of the Fund shall be invested initially in el- 19 igible obligations having the shortest matu- 20 rity then available until the date on which 21 the amount is divided into 3 substantially 22 equal portions and those portions are in- 23 vested in eligible obligations that are iden- 24 tical (except for transferability) to the 25 next-issued publicly issued Treasury obli-

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4 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 5 each 2-year, 5-year, and 10-year eligible 6 obligation matures, the principal of the 7 maturing eligible obligation shall also be 8 invested initially in the shortest-maturity 9 eligible obligation then available until the 10 principal is reinvested substantially equally 11 in the eligible obligations that are identical 12 (except for transferability) to the next- 13 issued publicly issued Treasury obligations 14 having 2-year, 5-year, and 10-year matu- 15 rities.

16 ‘‘(iii) DISCONTINUANCE OF ISSUANCE

17 OF OBLIGATIONS.—If the Department of 18 the Treasury discontinues issuing to the 19 public obligations having 2-year, 5-year, or 20 10-year maturities, the principal of any 21 maturing eligible obligation shall be rein- 22 vested substantially equally in eligible obli- 23 gations that are identical (except for trans- 24 ferability) to the next-issued publicly

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3 ‘‘(D) INVESTMENT OF INTEREST AC-

4 COUNT.—

5 ‘‘(i) BEFORE FULL CAPITALIZA-

6 TION.—Until the date on which the Fund 7 is fully capitalized, amounts in the interest 8 account of the Fund shall be invested in el- 9 igible obligations that are identical (except 10 for transferability) to publicly issued 11 Treasury obligations that have maturities 12 that coincide, to the maximum extent prac- 13 ticable, with the date on which the Fund 14 is expected to be fully capitalized.

15 ‘‘(ii) AFTER FULL CAPITALIZATION.— 16 On and after the date on which the Fund 17 is fully capitalized, amounts in the interest 18 account of the Fund shall be invested and 19 reinvested in eligible obligations having the 20 shortest maturity then available until the 21 amounts are withdrawn and transferred to 22 fund the activities authorized under sub- 23 section (d)(3).

24 ‘‘(E) PAR PURCHASE PRICE.—The price to 25 be paid for eligible obligations purchased as in-

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5 ‘‘(F) HIGHEST YIELD.—Among eligible ob- 6 ligations having the same maturity and pur- 7 chase price, the obligation to be purchased shall 8 be the obligation having the highest yield.

9 ‘‘(G) HOLDING TO MATURITY.—Eligible 10 obligations purchased shall generally be held to 11 their maturities.

12 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI-

13 TIES.—Not less frequently than once each calendar 14 year, the Secretary of the Treasury shall review with 15 the State of South Dakota the results of the invest- 16 ment activities and financial status of the Fund dur- 17 ing the preceding 12-month period.

18 ‘‘(4) AUDITS.—

19 ‘‘(A) IN GENERAL.—The activities of the 20 State of South Dakota (referred to in this sub- 21 section as the ‘State’) in carrying out the plan 22 of the State for terrestrial wildlife habitat res- 23 toration under section 602(a) shall be audited 24 as part of the annual audit that the State is re- 25 quired to prepare under the Office of Manage-

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3 ‘‘(B) DETERMINATION BY AUDITORS.—An 4 auditor that conducts an audit under subpara- 5 graph (A) shall— 6 ‘‘(i) determine whether funds received 7 by the State under this section during the 8 period covered by the audit were used to 9 carry out the plan of the State in accord- 10 ance with this section; and 11 ‘‘(ii) include the determination under 12 clause (i) in the written findings of the 13 audit.

14 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE-

15 MENTS.—

16 ‘‘(A) IN GENERAL.—If the Secretary of the 17 Treasury determines that meeting the require- 18 ments under paragraph (2) with respect to the 19 investment of a Fund is not practicable, or 20 would result in adverse consequences for the 21 Fund, the Secretary shall modify the require- 22 ments, as the Secretary determines to be nec- 23 essary.

24 ‘‘(B) CONSULTATION.—Before modifying a 25 requirement under subparagraph (A), the Sec-

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7 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au- 8 thorized to be appropriated to the Secretary of the Treas- 9 ury to pay expenses associated with investing the Fund 10 and auditing the uses of amounts withdrawn from the 11 Fund— 12 ‘‘(1) $500,000 for each of fiscal years 2006 and 13 2007; and 14 ‘‘(2) such sums as are necessary for each subse- 15 quent fiscal year.’’.

16 (c) INVESTMENT PROVISIONS FOR CHEYENNE RIVER

17 SIOUX TRIBE AND LOWER BRULE SIOUX TRIBE TRUST

18 FUNDS.—Section 604 of the Water Resources Develop- 19 ment Act of 1999 (113 Stat. 389; 114 Stat. 2665) is 20 amended— 21 (1) by striking subsection (c) and inserting the 22 following:

23 ‘‘(c) INVESTMENTS.—

24 ‘‘(1) ELIGIBLE OBLIGATIONS.—Notwith- 25 standing any other provision of law, the Secretary of

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5 ‘‘(2) INVESTMENT REQUIREMENTS.—

6 ‘‘(A) IN GENERAL.—The Secretary of the 7 Treasury shall invest the amounts in each of 8 the Funds in accordance with the requirements 9 of this paragraph.

10 ‘‘(B) SEPARATE INVESTMENTS OF PRIN-

11 CIPAL AND INTEREST.—

12 ‘‘(i) PRINCIPAL ACCOUNT.—The 13 amounts deposited in each Fund under 14 subsection (b) shall be credited to an ac- 15 count within the Fund (referred to in this 16 paragraph as the ‘principal account’) and 17 invested as provided in subparagraph (C).

18 ‘‘(ii) INTEREST ACCOUNT.—The inter- 19 est earned from investing amounts in the 20 principal account of each Fund shall be 21 transferred to a separate account within 22 the Fund (referred to in this paragraph as 23 the ‘interest account’) and invested as pro- 24 vided in subparagraph (D).

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1 ‘‘(iii) CREDITING.—The interest 2 earned from investing amounts in the in- 3 terest account of each Fund shall be cred- 4 ited to the interest account.

5 ‘‘(C) INVESTMENT OF PRINCIPAL AC-

6 COUNT.—

7 ‘‘(i) INITIAL INVESTMENT.—Each 8 amount deposited in the principal account 9 of each Fund shall be invested initially in 10 eligible obligations having the shortest ma- 11 turity then available until the date on 12 which the amount is divided into 3 sub- 13 stantially equal portions and those portions 14 are invested in eligible obligations that are 15 identical (except for transferability) to the 16 next-issued publicly issued Treasury obli- 17 gations having a 2-year maturity, a 5-year 18 maturity, and a 10-year maturity, respec- 19 tively.

20 ‘‘(ii) SUBSEQUENT INVESTMENT.—As 21 each 2-year, 5-year, and 10-year eligible 22 obligation matures, the principal of the 23 maturing eligible obligation shall also be 24 invested initially in the shortest-maturity 25 eligible obligation then available until the

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7 ‘‘(iii) DISCONTINUATION OF ISSUANCE

8 OF OBLIGATIONS.—If the Department of 9 the Treasury discontinues issuing to the 10 public obligations having 2-year, 5-year, or 11 10-year maturities, the principal of any 12 maturing eligible obligation shall be rein- 13 vested substantially equally in eligible obli- 14 gations that are identical (except for trans- 15 ferability) to the next-issued publicly 16 issued Treasury obligations of the matu- 17 rities longer than 1 year then available.

18 ‘‘(D) INVESTMENT OF INTEREST AC-

19 COUNT.—

20 ‘‘(i) BEFORE FULL CAPITALIZA-

21 TION.—Until the date on which each Fund 22 is fully capitalized, amounts in the interest 23 account of the Fund shall be invested in el- 24 igible obligations that are identical (except 25 for transferability) to publicly issued

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5 ‘‘(ii) AFTER FULL CAPITALIZATION.— 6 On and after the date on which each Fund 7 is fully capitalized, amounts in the interest 8 account of the Fund shall be invested and 9 reinvested in eligible obligations having the 10 shortest maturity then available until the 11 amounts are withdrawn and transferred to 12 fund the activities authorized under sub- 13 section (d)(3).

14 ‘‘(E) PAR PURCHASE PRICE.—The price to 15 be paid for eligible obligations purchased as in- 16 vestments of the principal account shall not ex- 17 ceed the par value of the obligations so that the 18 amount of the principal account shall be pre- 19 served in perpetuity.

20 ‘‘(F) HIGHEST YIELD.—Among eligible ob- 21 ligations having the same maturity and pur- 22 chase price, the obligation to be purchased shall 23 be the obligation having the highest yield.

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1 ‘‘(G) HOLDING TO MATURITY.—Eligible 2 obligations purchased shall generally be held to 3 their maturities.

4 ‘‘(3) ANNUAL REVIEW OF INVESTMENT ACTIVI-

5 TIES.—Not less frequently than once each calendar 6 year, the Secretary of the Treasury shall review with 7 the Cheyenne River Sioux Tribe and the Lower 8 Brule Sioux Tribe (referred to in this subsection as 9 the ‘Tribes’) the results of the investment activities 10 and financial status of the Funds during the pre- 11 ceding 12-month period.

12 ‘‘(4) AUDITS.—

13 ‘‘(A) IN GENERAL.—The activities of the 14 Tribes in carrying out the plans of the Tribes 15 for terrestrial wildlife habitat restoration under 16 section 602(a) shall be audited as part of the 17 annual audit that the Tribes are required to 18 prepare under the Office of Management and 19 Budget Circular A-133 (or a successor circula- 20 tion).

21 ‘‘(B) DETERMINATION BY AUDITORS.—An 22 auditor that conducts an audit under subpara- 23 graph (A) shall— 24 ‘‘(i) determine whether funds received 25 by the Tribes under this section during the

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7 ‘‘(5) MODIFICATION OF INVESTMENT REQUIRE-

8 MENTS.—

9 ‘‘(A) IN GENERAL.—If the Secretary of the 10 Treasury determines that meeting the require- 11 ments under paragraph (2) with respect to the 12 investment of a Fund is not practicable, or 13 would result in adverse consequences for the 14 Fund, the Secretary shall modify the require- 15 ments, as the Secretary determines to be nec- 16 essary.

17 ‘‘(B) CONSULTATION.—Before modifying a 18 requirement under subparagraph (A), the Sec- 19 retary of the Treasury shall consult with the 20 Tribes regarding the proposed modification.’’; 21 and 22 (2) by striking subsection (f) and inserting the 23 following:

24 ‘‘(f) ADMINISTRATIVE EXPENSES.—There are au- 25 thorized to be appropriated to the Secretary of the Treas-

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8 SEC. 5130. EAST TENNESSEE.

9 (a) EAST TENNESSEE DEFINED.—In this section, 10 the term ‘‘East Tennessee’’ means the counties of Blount, 11 Knox, Loudon, McMinn, Monroe, and Sevier, Tennessee.

12 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 13 may establish a program to provide environmental assist- 14 ance to non-Federal interests in East Tennessee.

15 (c) FORM OF ASSISTANCE.—Assistance provided 16 under this section may be in the form of design and con- 17 struction assistance for water-related environmental infra- 18 structure and resource protection and development 19 projects in East Tennessee, including projects for waste- 20 water treatment and related facilities, water supply and 21 related facilities, environmental restoration, and surface 22 water resource protection and development.

23 (d) OWNERSHIP REQUIREMENT.—The Secretary may 24 provide assistance for a project under this section only if 25 the project is publicly owned.

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1 (e) PARTNERSHIP AGREEMENTS.—

2 (1) IN GENERAL.—Before providing assistance 3 under this section, the Secretary shall enter into a 4 partnership agreement with a non-Federal interest 5 to provide for design and construction of the project 6 to be carried out with the assistance.

7 (2) REQUIREMENTS.—Each partnership agree- 8 ment for a project entered into under this subsection 9 shall provide for the following:

10 (A) PLAN.—Development by the Secretary, 11 in consultation with appropriate Federal and 12 State officials, of a facilities or resource protec- 13 tion and development plan, including appro- 14 priate engineering plans and specifications.

15 (B) LEGAL AND INSTITUTIONAL STRUC-

16 TURES.—Establishment of such legal and insti- 17 tutional structures as are necessary to ensure 18 the effective long-term operation of the project 19 by the non-Federal interest.

20 (3) COST SHARING.—

21 (A) IN GENERAL.—The Federal share of 22 the cost of a project under this section— 23 (i) shall be 75 percent; and 24 (ii) may be provided in the form of 25 grants or reimbursements of project costs.

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1 (B) CREDIT FOR WORK.—The Secretary 2 shall credit, in accordance with section 221 of 3 the Flood Control Act of 1970 (42 U.S.C. 4 1962d–5b), toward the non-Federal share of 5 the cost of the project the cost of design work 6 carried out by the non-Federal interest for the 7 project before the date of the partnership agree- 8 ment for the project.

9 (C) CREDIT FOR INTEREST.—In case of a 10 delay in the funding of the non-Federal share 11 of a project that is the subject of an agreement 12 under this section, the non-Federal interest 13 shall receive credit for reasonable interest in- 14 curred in providing the non-Federal share of 15 the project cost.

16 (D) CREDIT FOR LAND, EASEMENTS, AND

17 RIGHTS-OF-WAY.—The non-Federal interest 18 shall receive credit for land, easements, rights- 19 of-way, and relocations toward the non-Federal 20 share of project cost (including all reasonable 21 costs associated with obtaining permits nec- 22 essary for the construction, operation, and 23 maintenance of the project on publicly owned or 24 controlled land), but the credit may not exceed 25 25 percent of total project costs.

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1 (E) OPERATION AND MAINTENANCE.—The 2 non-Federal share of operation and mainte- 3 nance costs for projects constructed with assist- 4 ance provided under this section shall be 100 5 percent.

6 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

7 LAWS.—Nothing in this section shall be construed to 8 waive, limit, or otherwise affect the applicability of any 9 provision of Federal or State law that would otherwise 10 apply to a project to be carried out with assistance pro- 11 vided under this section.

12 (g) NONPROFIT ENTITIES.—In accordance with sec- 13 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 14 1962d–5b(b)), for any project carried out under this sec- 15 tion, a non-Federal interest may include a nonprofit entity 16 with the consent of the affected local government.

17 (h) CORPS OF ENGINEERS EXPENSES.—Not more 18 than 10 percent of the amounts appropriated to carry out 19 this section may be used by the Corps of Engineers district 20 offices to administer projects under this section at Federal 21 expense.

22 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 23 authorized to be appropriated to carry out this section 24 $40,000,000.

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17 SEC. 5132. J. PERCY PRIEST DAM AND RESERVOIR, TEN-

18 NESSEE. 19 The Secretary shall plan, design, and construct a trail 20 system at the J. Percy Priest Dam and Reservoir, Ten- 21 nessee, authorized by section 4 of the Act entitled ‘‘An 22 Act authorizing the construction of certain public works 23 on rivers and harbors for flood control, and for other pur- 24 poses’’, approved June 28, 1938 (52 Stat. 1217), and ad- 25 jacent public property, including design and construction 26 of support facilities. In carrying out such improvements,

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4 SEC. 5133. NASHVILLE, TENNESSEE.

5 (a) IN GENERAL.—The Secretary may participate in 6 the ecosystem restoration, recreation, navigation, and 7 flood damage reduction components of the Nashville 8 Riverfront Concept Plan, dated February 2007.

9 (b) COORDINATION.—In carrying out this section, the 10 Secretary shall coordinate with appropriate representa- 11 tives in the vicinity of Nashville, Tennessee, including the 12 Nashville Parks and Recreation Department, the city of 13 Nashville, and Davidson County.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 15 authorized to be appropriated $10,000,000 to carry out 16 this section.

17 SEC. 5134. NONCONNAH WEIR, MEMPHIS, TENNESSEE. 18 The project for flood control, Nonconnah Creek, Ten- 19 nessee and Mississippi, authorized by section 401 of the 20 Water Resources Development Act of 1986 (100 Stat. 21 4124) and modified by the section 334 of the Water Re- 22 sources Development Act of 2000 (114 Stat. 2611), is 23 modified to authorize the Secretary—

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6 SEC. 5135. TENNESSEE RIVER PARTNERSHIP.

7 (a) IN GENERAL.—As part of the operation and 8 maintenance of the project for navigation, Tennessee 9 River, Tennessee, Alabama, Mississippi, and Kentucky, 10 authorized by the first section of the River and Harbor 11 Act of July 3, 1930 (46 Stat. 927), the Secretary may 12 enter into a partnership with a nonprofit entity to remove 13 debris from the Tennessee River in the vicinity of Knox- 14 ville, Tennessee, by providing a vessel to such entity, at 15 Federal expense, for such debris removal purposes.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 17 authorized to be appropriated to carry out this section 18 $500,000.

19 SEC. 5136. TOWN CREEK, LENOIR CITY, TENNESSEE. 20 The Secretary shall design and construct the project 21 for flood damage reduction designated as Alternative 4 in 22 the Town Creek, Lenoir City, Loudon County, Tennessee, 23 feasibility report of the Nashville district engineer, dated 24 November 2000, under the authority of section 205 of the 25 Flood Control Act of 1948 (33 U.S.C. 701s), notwith-

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6 SEC. 5137. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE,

7 ARKANSAS, AND MISSISSIPPI. 8 The Secretary may participate with non-Federal and 9 nonprofit entities to address issues concerning managing 10 groundwater as a sustainable resource through the Upper 11 Mississippi Embayment, Tennessee, Arkansas, and Mis- 12 sissippi, and to coordinate the protection of groundwater 13 supply and groundwater quality of the Embayment with 14 local surface water protection programs. There is author- 15 ized to be appropriated $5,000,000 to carry out this sec- 16 tion.

17 SEC. 5138. TEXAS.

18 (a) ESTABLISHMENT OF PROGRAM.—The Secretary 19 shall establish a program to provide environmental assist- 20 ance to non-Federal interests in the State of Texas.

21 (b) FORM OF ASSISTANCE.—Assistance provided 22 under this section may be in the form of planning, design, 23 and construction assistance for water-related environ- 24 mental infrastructure and resource protection and devel- 25 opment projects in Texas, including projects for water

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6 (c) OWNERSHIP REQUIREMENT.—The Secretary may 7 provide assistance for a project under this section only if 8 the project is publicly owned.

9 (d) PARTNERSHIP AGREEMENTS.—Before providing 10 assistance under this section, the Secretary shall enter 11 into a partnership agreement with a non-Federal interest.

12 (e) COST SHARING.—

13 (1) IN GENERAL.—The Federal share of the 14 cost of the project under this section— 15 (A) shall be 75 percent; and 16 (B) may be provided in the form of grants 17 or reimbursements of project costs.

18 (2) IN-KIND SERVICES.—The non-Federal share 19 may be provided in the form of materials and in- 20 kind services, including planning, design, construc- 21 tion, and management services, as the Secretary de- 22 termines to be compatible with, and necessary for, 23 the project.

24 (3) CREDIT FOR WORK.—The Secretary shall 25 credit, in accordance with section 221 of the Flood

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6 (4) CREDIT FOR LAND, EASEMENTS, AND

7 RIGHTS-OF-WAY.—The non-Federal interest shall re- 8 ceive credit for land, easements, rights-of-way, and 9 relocations toward the non-Federal share of project 10 costs.

11 (5) OPERATION AND MAINTENANCE.—The non- 12 Federal share of operation and maintenance costs 13 for projects constructed with assistance provided 14 under this section shall be 100 percent.

15 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

16 LAWS.—Nothing in this section shall be construed to 17 waive, limit, or otherwise affect the applicability of any 18 provision of Federal or State law that would otherwise 19 apply to a project to be carried out with assistance pro- 20 vided under this section.

21 (g) AUTHORIZATION OF APPROPRIATIONS.—There is 22 authorized to be appropriated to carry out this section 23 $40,000,000.

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2 (a) COMPREHENSIVE PLAN.—The Secretary, in con- 3 sultation with appropriate Federal, State, and local enti- 4 ties, shall develop, as expeditiously as practicable, a com- 5 prehensive plan for development of new technologies and 6 innovative approaches for restoring, preserving, and pro- 7 tecting the Bosque River watershed within Bosque, Ham- 8 ilton, McLennan, and Erath Counties, Texas. The Sec- 9 retary, in cooperation with the Secretary of Agriculture, 10 may carry out activities identified in the comprehensive 11 plan to demonstrate practicable alternatives for stabiliza- 12 tion and enhancement of land and water resources in the 13 basin.

14 (b) SERVICES OF NONPROFIT INSTITUTIONS AND

15 OTHER ENTITIES.—In carrying out subsection (a), the 16 Secretary may utilize, through contracts or other means, 17 the services of nonprofit institutions and such other enti- 18 ties as the Secretary considers appropriate.

19 (c) NON-FEDERAL SHARE.—

20 (1) CREDIT.—The Secretary shall credit, in ac- 21 cordance with section 221 of the Flood Control Act 22 of 1970 (42 U.S.C. 1962d–5b), toward the non-Fed- 23 eral share of the cost of the project the cost of plan- 24 ning, design, and construction work carried out by 25 the non-Federal interest for the project before the 26 date of the partnership agreement for the project.

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1 (2) DEVELOPMENT OF COMPREHENSIVE

2 PLAN.—The non-Federal share of the cost of devel- 3 opment of the plan under subsection (a) shall be 25 4 percent.

5 (3) OPERATION AND MAINTENANCE.—The non- 6 Federal share of the cost of operation and mainte- 7 nance for measures constructed with assistance pro- 8 vided under this section shall be 100 percent.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 10 authorized to be appropriated to carry out this section 11 $10,000,000.

12 SEC. 5140. DALLAS COUNTY REGION, TEXAS.

13 (a) DALLAS COUNTY REGION DEFINED.—In this sec- 14 tion, the term ‘‘Dallas County region’’ means the city of 15 Dallas, and the municipalities of DeSoto, Duncanville, 16 Lancaster, Wilmer, Hutchins, Balch Springs, Cedar Hill, 17 Glenn Heights, and Ferris, Texas.

18 (b) ESTABLISHMENT OF PROGRAM.—The Secretary 19 may establish a program to provide environmental assist- 20 ance to non-Federal interests in the Dallas County region.

21 (c) FORM OF ASSISTANCE.—Assistance provided 22 under this section may be in the form of design and con- 23 struction assistance for water-related environmental infra- 24 structure and resource protection and development 25 projects in the Dallas County region, including projects

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4 (d) OWNERSHIP REQUIREMENT.—The Secretary may 5 provide assistance for a project under this section only if 6 the project is publicly owned.

7 (e) PARTNERSHIP AGREEMENTS.—

8 (1) IN GENERAL.—Before providing assistance 9 under this section, the Secretary shall enter into a 10 partnership agreement with a non-Federal interest 11 to provide for design and construction of the project 12 to be carried out with the assistance.

13 (2) REQUIREMENTS.—Each partnership agree- 14 ment for a project entered into under this subsection 15 shall provide for the following:

16 (A) PLAN.—Development by the Secretary, 17 in consultation with appropriate Federal and 18 State officials, of a facilities or resource protec- 19 tion and development plan, including appro- 20 priate engineering plans and specifications.

21 (B) LEGAL AND INSTITUTIONAL STRUC-

22 TURES.—Establishment of such legal and insti- 23 tutional structures as are necessary to ensure 24 the effective long-term operation of the project 25 by the non-Federal interest.

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1 (3) COST SHARING.—

2 (A) IN GENERAL.—The Federal share of 3 the cost of a project under this section— 4 (i) shall be 75 percent; and 5 (ii) may be provided in the form of 6 grants or reimbursements of project costs.

7 (B) CREDIT FOR WORK.—The Secretary 8 shall credit, in accordance with section 221 of 9 the Flood Control Act of 1970 (42 U.S.C. 10 1962d–5b), toward the non-Federal share of 11 the cost of the project the cost design work car- 12 ried out by the non-Federal interest for the 13 project before the date of the partnership agree- 14 ment for the project.

15 (C) CREDIT FOR INTEREST.—In case of a 16 delay in the funding of the non-Federal share 17 of a project that is the subject of an agreement 18 under this section, the non-Federal interest 19 shall receive credit for reasonable interest in- 20 curred in providing the non-Federal share.

21 (D) CREDIT FOR LAND, EASEMENTS, AND

22 RIGHTS-OF-WAY.—The non-Federal interest 23 shall receive credit for land, easements, rights- 24 of-way, and relocations toward the non-Federal 25 share of project costs (including all reasonable

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6 (E) OPERATION AND MAINTENANCE.—The 7 non-Federal share of operation and mainte- 8 nance costs for projects constructed with assist- 9 ance provided under this section shall be 100 10 percent.

11 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

12 LAWS.—Nothing in this section shall be construed to 13 waive, limit, or otherwise affect the applicability of any 14 provision of Federal or State law that would otherwise 15 apply to a project to be carried out with assistance pro- 16 vided under this section.

17 (g) NONPROFIT ENTITIES.—In accordance with sec- 18 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 19 1962d–5b(b)), for any project carried out under this sec- 20 tion, a non-Federal interest may include a nonprofit entity 21 with the consent of the affected local government.

22 (h) CORPS OF ENGINEERS EXPENSES.—Not more 23 than 10 percent of the amounts appropriated to carry out 24 this section may be used by the Corps of Engineers district

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3 (i) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out this section 5 $40,000,000.

6 SEC. 5141. DALLAS FLOODWAY, DALLAS, TEXAS.

7 (a) IN GENERAL.—The project for flood control, 8 Trinity River and tributaries, Texas, authorized by section 9 2 of the Act entitled, ‘‘An Act authorizing the construc- 10 tion, repair, and preservation of certain public works on 11 rivers and harbors, and for other purposes’’, approved 12 March 2, 1945 (59 Stat. 18), is modified to— 13 (1) direct the Secretary to review the Balanced 14 Vision Plan for the Trinity River Corridor, Dallas, 15 Texas, dated December 2003 and amended in March 16 2004, prepared by the non-Federal interest for the 17 project; 18 (2) direct the Secretary to review the Interior 19 Levee Drainage Study Phase-I report, Dallas, 20 Texas, dated September 2006, prepared by the non- 21 Federal interest; and 22 (3) if the Secretary determines that the project 23 is technically sound and environmentally acceptable, 24 authorize the Secretary to construct the project at a 25 total cost of $459,000,000, with an estimated Fed-

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3 (b) CREDIT.—

4 (1) IN-KIND CONTRIBUTIONS.—The Secretary 5 shall credit, in accordance with section 221 of the 6 Flood Control Act of 1970 (42 U.S.C. 1962d–5b), 7 toward the non-Federal share of the cost of the 8 project the cost of planning, design, and construc- 9 tion work carried out by the non-Federal interest for 10 the project before the date of the partnership agree- 11 ment for the project.

12 (2) CASH CONTRIBUTIONS.—The Secretary 13 shall accept funds provided by the non-Federal inter- 14 est for use in carrying out planning, engineering, 15 and design for the project. The Federal share of 16 such planning, engineering, and design carried out 17 with non-Federal contributions shall be credited 18 against the non-Federal share of the cost of the 19 project.

20 SEC. 5142. HARRIS COUNTY, TEXAS. 21 Section 575(b) of the Water Resources Development 22 Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amend- 23 ed— 24 (1) in paragraph (3) by striking ‘‘and’’ at the 25 end;

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8 SEC. 5143. JOHNSON CREEK, ARLINGTON, TEXAS.

9 (a) IN GENERAL.—The project for flood damage re- 10 duction, environmental restoration, and recreation, John- 11 son Creek, Arlington, Texas, authorized by section 12 101(b)(14) of the Water Resources Development Act of 13 1999 (113 Stat 280), is modified to authorize the Sec- 14 retary to construct the project substantially in accordance 15 with the report entitled ‘‘Johnson Creek: A Vision of Con- 16 servation’’, dated March 30, 2006, at a total cost of 17 $80,000,000, with an estimated Federal cost of 18 $52,000,000 and an estimated non-Federal cost of 19 $28,000,000, if the Secretary determines that the project 20 is feasible.

21 (b) NON-FEDERAL SHARE.—

22 (1) IN GENERAL.—The non-Federal share of 23 the cost of the project may be provided in cash or 24 in the form of in-kind services or materials.

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1 (2) CREDIT.—The Secretary shall credit, in ac- 2 cordance with section 221 of the Flood Control Act 3 of 1970 (42 U.S.C. 1962d–5b), toward the non-Fed- 4 eral share of the cost of the project the cost of plan- 5 ning, design, and construction work carried out by 6 the non-Federal interest for the project before the 7 date of the partnership agreement for the project.

8 (c) SPECIAL RULE.—In evaluating and implementing 9 the project, the Secretary shall allow the non-Federal in- 10 terest to participate in the financing of the project in ac- 11 cordance with section 903(c) of the Water Resources De- 12 velopment Act of 1986 (100 Stat. 4184).

13 (d) CONFORMING AMENDMENT.—Section 134 of the 14 Energy and Water Development Appropriations Act, 2006 15 (119 Stat. 2263) is repealed.

16 SEC. 5144. ONION CREEK, TEXAS.

17 (a) INCLUSION OF COSTS AND BENEFITS OF RELO-

18 CATION OF FLOOD-PRONE RESIDENCES.—In carrying out 19 the study for the project for flood damage reduction, 20 recreation, and ecosystem restoration, Onion Creek, 21 Texas, the Secretary shall include the costs and benefits 22 associated with the relocation of flood-prone residences in 23 the study area for the project in the period beginning 2 24 years before the date of initiation of the study and ending 25 on the date of execution of the partnership agreement for

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3 (b) CREDIT.—The Secretary shall credit, in accord- 4 ance with section 221 of the Flood Control Act of 1970 5 (42 U.S.C. 1962d–5b), toward the non-Federal share of 6 the cost of the project referred to in subsection (a) the 7 cost of relocation of those flood-prone residences described 8 in subsection (a) that are incurred by the non-Federal in- 9 terest before the date of the partnership agreement for 10 the project.

11 SEC. 5145. CONNECTICUT RIVER DAMS, VERMONT.

12 (a) IN GENERAL.—The Secretary shall evaluate, de- 13 sign, and carry out structural modifications at Federal 14 cost to the Union Village Dam (Ompompanoosuc River), 15 North Hartland Dam (Ottauquechee River), North 16 Springfield Dam (Black River), Ball Mountain Dam (West 17 River), and Townshend Dam (West River), Vermont, to 18 regulate flow and temperature to mitigate downstream im- 19 pacts on aquatic habitat and fisheries.

20 (b) INCLUSION.—During the evaluation and design 21 portion of the modifications authorized by this section, the 22 Secretary shall ensure that a sustainable flow analysis is 23 conducted for each dam.

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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated to carry out this section 3 $30,000,000.

4 SEC. 5146. LAKE CHAMPLAIN CANAL, VERMONT AND NEW

5 YORK.

6 (a) DISPERSAL BARRIER PROJECT.—The Secretary 7 shall determine, at Federal expense, the feasibility of a 8 dispersal barrier project at the Lake Champlain Canal, 9 Vermont and New York, to prevent the spread of aquatic 10 nuisance species.

11 (b) CONSTRUCTION, MAINTENANCE, AND OPER-

12 ATION.—If the Secretary determines that the project de- 13 scribed in subsection (a) is feasible, the Secretary shall 14 construct, maintain, and operate a dispersal barrier at the 15 Lake Champlain Canal at Federal expense.

16 SEC. 5147. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA. 17 The Secretary shall accept funds from the National 18 Park Service to restore Dyke Marsh, Fairfax County, Vir- 19 ginia.

20 SEC. 5148. EASTERN SHORE AND SOUTHWEST VIRGINIA. 21 Section 219(f)(10) of the Water Resources Develop- 22 ment Act of 1992 (106 Stat. 4835; 113 Stat. 335) is 23 amended—

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4 ‘‘(A) IN GENERAL.—$20,000,000 for water 5 supply, wastewater infrastructure, and environ- 6 mental restoration’’; 7 (2) by adding at the end the following:

8 ‘‘(B) CREDIT.—The Secretary shall credit, 9 in accordance with section 221 of the Flood 10 Control Act of 1970 (42 U.S.C. 1962d–5b), to- 11 ward the non-Federal share of the cost of the 12 project the cost of work carried out by the non- 13 Federal interest for the project before the date 14 of the partnership agreement for the project.’’; 15 and 16 (3) by aligning the remainder of the text of 17 subparagraph (A) (as designated by paragraph (1) 18 of this section) with subparagraph (B) (as added by 19 paragraph (2) of this section).

20 SEC. 5149. JAMES RIVER, VIRGINIA. 21 The Secretary shall accept funds from the National 22 Park Service to provide technical and project management 23 assistance for the James River, Virginia, with a particular 24 emphasis on locations along the shoreline adversely im- 25 pacted by Hurricane Isabel.

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2 INGTON. 3 The Secretary shall conduct a study of increased sil- 4 tation in Baker Bay and Ilwaco Harbor, Washington, to 5 determine if the siltation is the result of a Federal naviga- 6 tion project (including diverted flows from the Columbia 7 River) and, if the Secretary determines that the siltation 8 is the result of a Federal navigation project, the Secretary 9 shall carry out a project to mitigate the siltation as part 10 of maintenance of the Federal navigation project.

11 SEC. 5151. HAMILTON ISLAND CAMPGROUND, WASH-

12 INGTON. 13 The Secretary is authorized to plan, design, and con- 14 struct a campground for Bonneville Lock and Dam at 15 Hamilton Island (also known as ‘‘Strawberry Island’’) in 16 Skamania County, Washington.

17 SEC. 5152. EROSION CONTROL, PUGET ISLAND,

18 WAHKIAKUM COUNTY, WASHINGTON.

19 (a) IN GENERAL.—The Lower Columbia River levees 20 and bank protection works authorized by section 204 of 21 the Flood Control Act of 1950 (64 Stat. 178) is modified 22 with regard to the Wahkiakum County diking districts No. 23 1 and 3, but without regard to any cost ceiling authorized 24 before the date of enactment of this Act, to direct the Sec- 25 retary to provide a one-time placement of dredged material 26 along portions of the Columbia River shoreline of Puget

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5 (b) COORDINATION AND COST-SHARING REQUIRE-

6 MENTS.—The Secretary shall carry out subsection (a)— 7 (1) in coordination with appropriate resource 8 agencies; and 9 (2) at Federal expense.

10 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 11 authorized to be appropriated to carry out this section 12 $1,000,000.

13 SEC. 5153. WILLAPA BAY, WASHINGTON. 14 Section 545 of the Water Resources Development Act 15 of 2000 (114 Stat. 2675) is amended— 16 (1) in subsection (b)(1) by striking ‘‘may con- 17 struct’’ and inserting ‘‘shall construct’’; and 18 (2) by inserting ‘‘and ecosystem restoration’’ 19 after ‘‘erosion protection’’ each place it appears.

20 SEC. 5154. WEST VIRGINIA AND PENNSYLVANIA FLOOD

21 CONTROL.

22 (a) CHEAT AND TYGART RIVER BASINS, WEST VIR-

23 GINIA.—Section 581(a)(1) of the Water Resources Devel- 24 opment Act of 1996 (110 Stat. 3790; 113 Stat. 313) is 25 amended—

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9 (b) PRIORITY COMMUNITIES.—Section 581(b) of the 10 Water Resources Development Act of 1996 (110 Stat. 11 3791) is amended— 12 (1) by striking ‘‘and’’ at the end of paragraph 13 (5); 14 (2) by striking the period at the end of para- 15 graph (6) and inserting a semicolon; and 16 (3) by adding at the end the following: 17 ‘‘(7) Etna, Pennsylvania, in the Pine Creek wa- 18 tershed; and 19 ‘‘(8) Millvale, Pennsylvania, in the Girty’s Run 20 River basin.’’.

21 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 22 581(c) of the Water Resources Development Act of 1996 23 (110 Stat. 3791) is amended by striking ‘‘$12,000,000’’ 24 and inserting ‘‘$90,000,000’’.

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10 ‘‘(i) NONPROFIT ENTITIES.—In accordance with sec- 11 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 12 1962d–5b(b)), for any project undertaken under this sec- 13 tion, a non-Federal interest may include a nonprofit entity 14 with the consent of the affected local government.

15 ‘‘(j) CORPS OF ENGINEERS EXPENSES.—Not more 16 than 10 percent of the amounts appropriated to carry out 17 this section may be used by the Corps of Engineers district 18 offices to administer projects under this section at Federal 19 expense.’’.

20 SEC. 5156. SOUTHERN WEST VIRGINIA.

21 (a) CORPS OF ENGINEERS.—Section 340 of the 22 Water Resources Development Act of 1992 (106 Stat. 23 4856; 113 Stat. 320) is amended by adding at the end 24 the following:

25 ‘‘(h) CORPS OF ENGINEERS.—Not more than 10 per- 26 cent of the amounts appropriated to carry out this section

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4 (b) SOUTHERN WEST VIRGINIA DEFINED.—Section 5 340(f) of such Act is amended by inserting ‘‘Nicholas,’’ 6 after ‘‘Greenbrier,’’.

7 (c) NONPROFIT ENTITIES.—Section 340 of the 8 Water Resources Development Act of 1992 (106 Stat. 9 4856) is further amended by adding at the end the fol- 10 lowing:

11 ‘‘(i) NONPROFIT ENTITIES.—In accordance with sec- 12 tion 221(b) of the Flood Control Act of 1970 (42 U.S.C. 13 1962d–5b(b)), for any project carried out under this sec- 14 tion, a non-Federal interest may include a nonprofit entity 15 with the consent of the affected local government.’’.

16 SEC. 5157. CONSTRUCTION OF FLOOD CONTROL PROJECTS

17 BY NON-FEDERAL INTERESTS. 18 Section 211(f) of the Water Resources Development 19 Act of 1996 (33 U.S.C. 701b–13) is amended by adding 20 at the end the following:

21 ‘‘(12) PERRIS, CALIFORNIA.—The project for 22 flood control, Perris, California.

23 ‘‘(13) THORNTON RESERVOIR, COOK COUNTY,

24 ILLINOIS.—An element of the project for flood con- 25 trol, Chicagoland Underflow Plan, Illinois.

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1 ‘‘(14) LAROSE TO GOLDEN MEADOW, LOU-

2 ISIANA.—The project for flood control, Larose to 3 Golden Meadow, Louisiana.

4 ‘‘(15) BUFFALO BAYOU, TEXAS.—A project for 5 flood control, Buffalo Bayou, Texas, to provide an 6 alternative to the project authorized by the first sec- 7 tion of the River and Harbor Act of June 20, 1938 8 (52 Stat. 804) and modified by section 3a of the 9 Flood Control Act of August 11, 1939 (53 Stat. 10 1414).

11 ‘‘(16) HALLS BAYOU, TEXAS.—A project for 12 flood control, Halls Bayou, Texas, to provide an al- 13 ternative to the project for flood control, Buffalo 14 Bayou and tributaries, Texas, authorized by section 15 101(a)(21) of the Water Resources Development Act 16 of 1990 (104 Stat. 4610).

17 ‘‘(17) MENOMONEE RIVER WATERSHED, WIS-

18 CONSIN.—The project for the Menomonee River Wa- 19 tershed, Wisconsin, including— 20 ‘‘(A) the Underwood Creek diversion facil- 21 ity project (Milwaukee County Grounds); and 22 ‘‘(B) the Greater Milwaukee Rivers water- 23 shed project.’’.

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2 PROJECTS. 3 Section 219 of the Water Resources Development Act 4 of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 5 113 Stat. 1494; 114 Stat. 2763A–219; 119 Stat. 2255) 6 is amended— 7 (1) in subsection (c)(5) by striking ‘‘a project 8 for the elimination or control of combined sewer 9 overflows’’ and inserting ‘‘projects for the design, in- 10 stallation, enhancement, or repair of sewer systems’’; 11 (2) in subsection (e)(1) by striking 12 ‘‘$20,000,000’’ and inserting ‘‘$32,500,000’’; and 13 (3) in subsection (f)— 14 (A) by striking the undesignated para- 15 graph relating to Charleston, South Carolina, 16 and inserting the following:

17 ‘‘(72) CHARLESTON, SOUTH CAROLINA.— 18 $10,000,000 for wastewater infrastructure, including 19 wastewater collection systems, and stormwater sys- 20 tem improvements, Charleston, South Carolina.’’; 21 (B) by redesignating the paragraph (71) 22 relating to Placer and El Dorado Counties, 23 California, as paragraph (73); 24 (C) by redesignating the paragraph (72) 25 relating to Lassen, Plumas, Butte, Sierra, and 26 Nevada Counties, California, as paragraph (74);

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4 ‘‘(75) INDIANAPOLIS, INDIANA.—$6,430,000 for 5 environmental infrastructure for Indianapolis, Indi- 6 ana.’’; 7 (E) by redesignating the paragraph (73) 8 relating to St. Croix Falls, Wisconsin, as para- 9 graph (76); 10 (F) by redesignating paragraph (72), relat- 11 ing to Alpine, California, as paragraph (77); 12 and 13 (G) by adding at the end the following:

14 ‘‘(78) ST. CLAIR COUNTY, ALABAMA.— 15 $5,000,000 for water related infrastructure, St. 16 Clair County, Alabama.

17 ‘‘(79) CRAWFORD COUNTY, ARKANSAS.— 18 $35,000,000 for water supply infrastructure, 19 Crawford County, Arkansas.

20 ‘‘(80) ALAMEDA AND CONTRA COSTA COUNTIES,

21 CALIFORNIA.—$25,000,000 for recycled water treat- 22 ment facilities within the East Bay Municipal Utility 23 District service area, Alameda and Contra Costa 24 Counties, California.

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1 ‘‘(81) ALISO CREEK, ORANGE COUNTY, CALI-

2 FORNIA.—$5,000,000 for water related infrastruc- 3 ture, Aliso Creek, Orange County, California.

4 ‘‘(82) AMADOR COUNTY, CALIFORNIA.— 5 $3,000,000 for wastewater collection and treatment 6 infrastructure, Amador County, California.

7 ‘‘(83) ARCADIA, SIERRA MADRE, AND UPLAND,

8 CALIFORNIA.—$33,000,000 for water and waste- 9 water infrastructure, Arcadia, Sierra Madre, and 10 Upland, California, including $13,000,000 for 11 stormwater infrastructure for Upland, California.

12 ‘‘(84) BIG BEAR AREA REGIONAL WASTEWATER

13 AGENCY, CALIFORNIA.—$15,000,000 for water rec- 14 lamation and distribution infrastructure, Big Bear 15 Area Regional Wastewater Agency, California.

16 ‘‘(85) BRAWLEY COLONIA, IMPERIAL COUNTY,

17 CALIFORNIA.—$1,400,000 for water infrastructure 18 to improve water quality in the Brawley Colonia 19 Water District, Imperial County, California.

20 ‘‘(86) CALAVERAS COUNTY, CALIFORNIA.— 21 $3,000,000 for water supply and wastewater infra- 22 structure improvement projects in Calaveras County, 23 California, including wastewater reclamation, recy- 24 cling, and conjunctive use projects.

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1 ‘‘(87) CONTRA COSTA WATER DISTRICT, CALI-

2 FORNIA.—$23,000,000 for water and wastewater in- 3 frastructure for the Contra Costa Water District, 4 California.

5 ‘‘(88) EAST BAY, SAN FRANCISCO, AND SANTA

6 CLARA AREAS, CALIFORNIA.—$4,000,000 for a de- 7 salination project to serve the East Bay, San Fran- 8 cisco, and Santa Clara areas, California.

9 ‘‘(89) EAST PALO ALTO, CALIFORNIA.— 10 $4,000,000 for a new pump station and stormwater 11 management and drainage system, East Palo Alto, 12 California.

13 ‘‘(90) IMPERIAL COUNTY, CALIFORNIA.— 14 $10,000,000 for wastewater infrastructure, including 15 a wastewater disinfection facility and polishing sys- 16 tem, to improve water quality in the vicinity of 17 Calexico, California, on the southern New River, Im- 18 perial County, California.

19 ‘‘(91) LA HABRA, CALIFORNIA.—$5,000,000 for 20 wastewater and water related infrastructure, city of 21 La Habra, California.

22 ‘‘(92) LA MIRADA, CALIFORNIA.—$4,000,000 23 for the planning, design, and construction of a 24 stormwater program in La Mirada, California.

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1 ‘‘(93) LOS ANGELES COUNTY, CALIFORNIA.— 2 $3,000,000 for wastewater and water related infra- 3 structure, Diamond Bar, La Habra Heights, and 4 Rowland Heights, Los Angeles County, California.

5 ‘‘(94) LOS ANGELES COUNTY, CALIFORNIA.— 6 $20,000,000 for the planning, design, and construc- 7 tion of water related infrastructure for Santa 8 Monica Bay and the coastal zone of Los Angeles 9 County, California.

10 ‘‘(95) MALIBU, CALIFORNIA.—$3,000,000 for 11 municipal wastewater and recycled water infrastruc- 12 ture, Malibu Creek Watershed Protection Project, 13 Malibu, California.

14 ‘‘(96) MONTEBELLO, CALIFORNIA.—$4,000,000 15 for water infrastructure improvements in south 16 Montebello, California.

17 ‘‘(97) NEW RIVER, CALIFORNIA.—$10,000,000 18 for wastewater infrastructure to improve water qual- 19 ity in the New River, California.

20 ‘‘(98) ORANGE COUNTY, CALIFORNIA.— 21 $10,000,000 for wastewater and water related infra- 22 structure, Anaheim, Brea, Mission Viejo, Rancho 23 Santa Margarita, and Yorba Linda, Orange County, 24 California.

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1 ‘‘(99) PORT OF STOCKTON, STOCKTON, CALI-

2 FORNIA.—$3,000,000 for water and wastewater in- 3 frastructure projects for Rough and Ready Island 4 and vicinity, Stockton, California.

5 ‘‘(100) PERRIS, CALIFORNIA.—$3,000,000 for 6 recycled water transmission infrastructure, Eastern 7 Municipal Water District, Perris, California.

8 ‘‘(101) SAN BERNARDINO COUNTY, CALI-

9 FORNIA.—$9,000,000 for wastewater and water re- 10 lated infrastructure, Chino and Chino Hills, San 11 Bernardino County, California.

12 ‘‘(102) SANTA CLARA COUNTY, CALIFORNIA.— 13 $5,500,000 for an advanced recycling water treat- 14 ment plant in Santa Clara County, California.

15 ‘‘(103) SANTA MONICA, CALIFORNIA.— 16 $3,000,000 for improving water system reliability, 17 Santa Monica, California.

18 ‘‘(104) SOUTHERN LOS ANGELES COUNTY,

19 CALIFORNIA.—$15,000,000 for environmental infra- 20 structure for the groundwater basin optimization 21 pipeline, Southern Los Angeles County, California.

22 ‘‘(105) STOCKTON, CALIFORNIA.—$33,000,000 23 for water treatment and distribution infrastructure, 24 Stockton, California.

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1 ‘‘(106) SWEETWATER RESERVOIR, SAN DIEGO

2 COUNTY, CALIFORNIA.—$375,000 to improve water 3 quality and remove nonnative aquatic nuisance spe- 4 cies from the Sweetwater Reservoir, San Diego 5 County, California.

6 ‘‘(107) WHITTIER, CALIFORNIA.—$8,000,000 7 for water, wastewater, and water related infrastruc- 8 ture, Whittier, California.

9 ‘‘(108) ARKANSAS VALLEY CONDUIT, COLO-

10 RADO.—$10,000,000 for the Arkansas Valley Con- 11 duit, Colorado.

12 ‘‘(109) BOULDER COUNTY, COLORADO.— 13 $10,000,000 for water supply infrastructure, Boul- 14 der County, Colorado.

15 ‘‘(110) MONTEZUMA AND LA PLATA COUNTIES,

16 COLORADO.—$1,000,000 for water and wastewater 17 related infrastructure for the Ute Mountain project, 18 Montezuma and La Plata Counties, Colorado.

19 ‘‘(111) OTERO, BENT, CROWLEY, KIOWA, AND

20 PROWERS COUNTIES, COLORADO.—$35,000,000 for 21 water transmission infrastructure, Otero, Bent, 22 Crowley, Kiowa, and Prowers Counties, Colorado.

23 ‘‘(112) PUEBLO AND OTERO COUNTIES, COLO-

24 RADO.—$34,000,000 for water transmission infra- 25 structure, Pueblo and Otero Counties, Colorado.

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1 ‘‘(113) ENFIELD, CONNECTICUT.—$1,000,000 2 for infiltration and inflow correction, Enfield, Con- 3 necticut.

4 ‘‘(114) LEDYARD AND MONTVILLE, CON-

5 NECTICUT.—$7,113,000 for water infrastructure, 6 Ledyard and Montville, Connecticut.

7 ‘‘(115) NEW HAVEN, CONNECTICUT.—$300,000 8 for stormwater system improvements, New Haven, 9 Connecticut.

10 ‘‘(116) NORWALK, CONNECTICUT.—$3,000,000 11 for the Keeler Brook Storm Water Improvement 12 Project, Norwalk, Connecticut.

13 ‘‘(117) PLAINVILLE, CONNECTICUT.— 14 $6,280,000 for wastewater treatment, Plainville, 15 Connecticut.

16 ‘‘(118) SOUTHINGTON, CONNECTICUT.— 17 $9,420,000 for water supply infrastructure, South- 18 ington, Connecticut.

19 ‘‘(119) ANACOSTIA RIVER, DISTRICT OF COLUM-

20 BIA AND MARYLAND.—$20,000,000 for environ- 21 mental infrastructure and resource protection and 22 development to enhance water quality and living re- 23 sources in the Anacostia River watershed, District of 24 Columbia and Maryland.

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1 ‘‘(120) DISTRICT OF COLUMBIA.—$35,000,000 2 for implementation of a combined sewer overflow 3 long-term control plan in the District of Columbia.

4 ‘‘(121) CHARLOTTE COUNTY, FLORIDA.— 5 $3,000,000 for water supply infrastructure, Char- 6 lotte County, Florida.

7 ‘‘(122) CHARLOTTE, LEE, AND COLLIER COUN-

8 TIES, FLORIDA.—$20,000,000 for water supply 9 interconnectivity infrastructure, Charlotte, Lee, and 10 Collier Counties, Florida.

11 ‘‘(123) COLLIER COUNTY, FLORIDA.— 12 $5,000,000 for water infrastructure to improve 13 water quality in the vicinity of the Gordon River, 14 Collier County, Florida.

15 ‘‘(124) HILLSBOROUGH COUNTY, FLORIDA.— 16 $6,250,000 for water infrastructure and supply en- 17 hancement, Hillsborough County, Florida.

18 ‘‘(125) JACKSONVILLE, FLORIDA.—$25,000,000 19 for wastewater related infrastructure, including sep- 20 tic tank replacements, Jacksonville, Florida.

21 ‘‘(126) SARASOTA COUNTY, FLORIDA.— 22 $10,000,000 for water and wastewater infrastruc- 23 ture in Sarasota County, Florida.

24 ‘‘(127) SOUTH SEMINOLE AND NORTH ORANGE

25 COUNTY, FLORIDA.—$30,000,000 for wastewater in-

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3 ‘‘(128) MIAMI-DADE COUNTY, FLORIDA.— 4 $6,250,000 for water reuse supply and a water 5 transmission pipeline, Miami-Dade County, Florida.

6 ‘‘(129) PALM BEACH COUNTY, FLORIDA.— 7 $7,500,000 for water infrastructure, Palm Beach 8 County, Florida.

9 ‘‘(130) ALBANY, GEORGIA.—$4,000,000 for a 10 storm drainage system, Albany, Georgia.

11 ‘‘(131) BANKS COUNTY, GEORGIA.—$5,000,000 12 for water infrastructure improvements, Banks Coun- 13 ty, Georgia.

14 ‘‘(132) BERRIEN COUNTY, GEORGIA.— 15 $5,000,000 for water infrastructure improvements, 16 Berrien County, Georgia.

17 ‘‘(133) CHATTOOGA COUNTY, GEORGIA.— 18 $8,000,000 for wastewater and drinking water infra- 19 structure improvement, Chattooga County, Georgia.

20 ‘‘(134) CHATTOOGA, FLOYD, GORDON, WALKER,

21 AND WHITIFIELD COUNTIES, GEORGIA.— 22 $10,000,000 for water infrastructure improvements, 23 Armuchee Valley, Chattooga, Floyd, Gordon, Walk- 24 er, and Whitifield Counties, Georgia.

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1 ‘‘(135) DAHLONEGA, GEORGIA.—$5,000,000 for 2 water infrastructure improvements, Dahlonega, 3 Georgia.

4 ‘‘(136) EAST POINT, GEORGIA.—$5,000,000 for 5 water infrastructure improvements, city of East 6 Point, Georgia.

7 ‘‘(137) FAYETTEVILLE, GRANTVILLE, LA-

8 GRANGE, PINE MOUNTAIN (HARRIS COUNTY),

9 DOUGLASVILLE, AND CARROLLTON, GEORGIA.— 10 $24,500,000 for water and wastewater infrastruc- 11 ture, Fayetteville, Grantville, LaGrange, Pine Moun- 12 tain (Harris County), Douglasville, and Carrollton, 13 Georgia.

14 ‘‘(138) MERIWETHER AND SPALDING COUN-

15 TIES, GEORGIA.—$7,000,000 for water and waste- 16 water infrastructure, Meriwether and Spalding 17 Counties, Georgia.

18 ‘‘(139) MOULTRIE, GEORGIA.—$5,000,000 for 19 water supply infrastructure, Moultrie, Georgia.

20 ‘‘(140) STEPHENS COUNTY/CITY OF TOCCOA,

21 GEORGIA.—$8,000,000 water infrastructure im- 22 provements, Stephens County/city of Toccoa, Geor- 23 gia.

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1 ‘‘(141) NORTH VERNON AND BUTLERVILLE, IN-

2 DIANA.—$1,700,000 for wastewater infrastructure, 3 North Vernon and Butlerville, Indiana.

4 ‘‘(142) SALEM, WASHINGTON COUNTY, INDI-

5 ANA.—$3,200,000 for water supply infrastructure, 6 Salem, Washington County, Indiana.

7 ‘‘(143) ATCHISON, KANSAS.—$20,000,000 to 8 address combined sewer overflows, Atchison, Kansas.

9 ‘‘(144) CENTRAL KENTUCKY.—$10,000,000 for 10 water related infrastructure and resource protection 11 and development, Scott, Franklin, Woodford, Ander- 12 son, Fayette, Mercer, Jessamine, Boyle, Lincoln, 13 Garrard, Madison, Estill, Powell, Clark, Mont- 14 gomery, and Bourbon Counties, Kentucky.

15 ‘‘(145) LAFAYETTE, LOUISIANA.—$1,200,000 16 for water and wastewater improvements, Lafayette, 17 Louisiana.

18 ‘‘(146) LAFOURCHE PARISH, LOUISIANA.— 19 $2,300,000 for measures to prevent the intrusion of 20 saltwater into the freshwater system, Lafourche Par- 21 ish, Louisiana.

22 ‘‘(147) LAKE CHARLES, LOUISIANA.— 23 $1,000,000 for water and wastewater improvements, 24 Lake Charles, Louisiana.

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1 ‘‘(148) NORTHWEST LOUISIANA COUNCIL OF

2 GOVERNMENTS, LOUISIANA.—$2,000,000 for water 3 and wastewater improvements, Northwest Louisiana 4 Council of Governments, Louisiana.

5 ‘‘(149) OUACHITA PARISH, LOUISIANA.— 6 $1,000,000 for water and wastewater improvements, 7 Ouachita Parish, Louisiana.

8 ‘‘(150) PLAQUEMINE, LOUISIANA.—$7,000,000 9 for sanitary sewer and wastewater infrastructure, 10 Plaquemine, Louisiana.

11 ‘‘(151) RAPIDES AREA PLANNING COMMISSION,

12 LOUISIANA.—$1,000,000 for water and wastewater 13 improvements, Rapides, Louisiana.

14 ‘‘(152) SHREVEPORT, LOUISIANA.— 15 $20,000,000 for water supply infrastructure in 16 Shreveport, Louisiana.

17 ‘‘(153) SOUTH CENTRAL PLANNING AND DE-

18 VELOPMENT COMMISSION, LOUISIANA.—$2,500,000 19 for water and wastewater improvements, South Cen- 20 tral Planning and Development Commission, Lou- 21 isiana.

22 ‘‘(154) UNION-LINCOLN REGIONAL WATER SUP-

23 PLY PROJECT, LOUISIANA.—$2,000,000 for the 24 Union-Lincoln Regional Water Supply project, Lou- 25 isiana.

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1 ‘‘(155) CHESAPEAKE BAY IMPROVEMENTS,

2 MARYLAND, VIRGINIA, AND DISTRICT OF COLUM-

3 BIA.—$30,000,000 for environmental infrastructure 4 projects to benefit the Chesapeake Bay, including 5 the nutrient removal project at the Blue Plains 6 Wastewater Treatment facility in the District of Co- 7 lumbia.

8 ‘‘(156) CHESAPEAKE BAY REGION, MARYLAND

9 AND VIRGINIA.—$40,000,000 for water pollution 10 control, Chesapeake Bay Region, Maryland and Vir- 11 ginia.

12 ‘‘(157) MICHIGAN COMBINED SEWER OVER-

13 FLOWS.—$35,000,000 for correction of combined 14 sewer overflows, Michigan.

15 ‘‘(158) CENTRAL IRON RANGE SANITARY

16 SEWER DISTRICT, MINNESOTA.—$12,000,000 for 17 wastewater infrastructure for the Central Iron 18 Range Sanitary Sewer District to serve the cities of 19 Hibbing, Chisholm, Buhl, and Kinney, and Balkan 20 and Great Scott Townships, Minnesota.

21 ‘‘(159) CENTRAL LAKE REGION SANITARY DIS-

22 TRICT, MINNESOTA.—$2,000,000 for sanitary sewer 23 and wastewater infrastructure for the Central Lake 24 Region Sanitary District, Minnesota, to serve Le 25 Grande and Moe Townships, Minnesota.

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1 ‘‘(160) GOODVIEW, MINNESOTA.—$3,000,000 2 for water quality infrastructure, Goodview, Min- 3 nesota.

4 ‘‘(161) GRAND RAPIDS, MINNESOTA.— 5 $5,000,000 for wastewater infrastructure, Grand 6 Rapids, Minnesota.

7 ‘‘(162) WILLMAR, MINNESOTA.—$15,000,000 8 for wastewater infrastructure, Willmar, Minnesota.

9 ‘‘(163) BILOXI, MISSISSIPPI.—$5,000,000 for 10 water and wastewater related infrastructure, city of 11 Biloxi, Mississippi.

12 ‘‘(164) CORINTH, MISSISSIPPI.—$7,500,000 for 13 a surface water program, city of Corinth, Mis- 14 sissippi.

15 ‘‘(165) GULFPORT, MISSISSIPPI.—$5,000,000 16 for water and wastewater related infrastructure, city 17 of Gulfport, Mississippi.

18 ‘‘(166) HARRISON COUNTY, MISSISSIPPI.— 19 $5,000,000 for water and wastewater related infra- 20 structure, Harrison County, Mississippi.

21 ‘‘(167) JACKSON, MISSISSIPPI.—$25,000,000 22 for water and wastewater infrastructure, Jackson, 23 Mississippi.

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1 ‘‘(168) CLARK COUNTY, NEVADA.—$30,000,000 2 for wastewater infrastructure, Clark County, Ne- 3 vada.

4 ‘‘(169) CLEAN WATER COALITION, NEVADA.— 5 $50,000,000 for the Systems Conveyance and Oper- 6 ations Program, Clark County, Henderson, Las 7 Vegas, and North Las Vegas, Nevada.

8 ‘‘(170) GLENDALE DAM DIVERSION STRUC-

9 TURE, NEVADA.—$10,000,000 for water system im- 10 provements to the Glendale Dam Diversion Struc- 11 ture for the Truckee Meadows Water Authority, Ne- 12 vada.

13 ‘‘(171) HENDERSON, NEVADA.—$13,000,000 14 for wastewater infrastructure, Henderson, Nevada.

15 ‘‘(172) INDIAN SPRINGS, NEVADA.— 16 $12,000,000 for construction of wastewater system 17 improvements for the Indian Springs community, 18 Nevada.

19 ‘‘(173) RENO, NEVADA.—$13,000,000 for con- 20 struction of a water conservation project for the 21 Highland Canal, Mogul Bypass in Reno, Nevada.

22 ‘‘(174) WASHOE COUNTY, NEVADA.— 23 $14,000,000 for construction of water infrastructure 24 improvements to the Huffaker Hills Reservoir Con- 25 servation Project, Washoe County, Nevada.

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1 ‘‘(175) CRANFORD TOWNSHIP, NEW JERSEY.— 2 $6,000,000 for storm sewer improvements, Cranford 3 Township, New Jersey.

4 ‘‘(176) MIDDLETOWN TOWNSHIP, NEW JER-

5 SEY.—$1,100,000 for storm sewer improvements, 6 Middletown Township, New Jersey.

7 ‘‘(177) PATERSON, NEW JERSEY.—$35,000,000 8 for wastewater infrastructure, Paterson, New Jer- 9 sey.

10 ‘‘(178) RAHWAY VALLEY, NEW JERSEY.— 11 $25,000,000 for sanitary sewer and storm sewer im- 12 provements in the service area of the Rahway Valley 13 Sewerage Authority, New Jersey.

14 ‘‘(179) BABYLON, NEW YORK.—$5,000,000 for 15 wastewater infrastructure, Town of Babylon, New 16 York.

17 ‘‘(180) ELLICOTTVILLE, NEW YORK.— 18 $2,000,000 for water supply, water, and wastewater 19 infrastructure in Ellicottville, New York.

20 ‘‘(181) ELMIRA, NEW YORK.—$5,000,000 for 21 wastewater infrastructure, Elmira, New York.

22 ‘‘(182) ESSEX HAMLET, NEW YORK.— 23 $5,000,000 for wastewater infrastructure, Essex 24 Hamlet, New York.

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1 ‘‘(183) FLEMING, NEW YORK.—$5,000,000 for 2 drinking water infrastructure, Fleming, New York.

3 ‘‘(184) KIRYAS JOEL, NEW YORK.—$5,000,000 4 for drinking water infrastructure, village of Kiryas 5 Joel, New York.

6 ‘‘(185) NIAGARA FALLS, NEW YORK.— 7 $5,000,000 for wastewater infrastructure, Niagara 8 Falls Water Board, New York.

9 ‘‘(186) PATCHOGUE, NEW YORK.—$5,000,000 10 for wastewater infrastructure, village of Patchogue, 11 New York.

12 ‘‘(187) SENNETT, NEW YORK.—$1,500,000 for 13 water infrastructure, town of Sennett, New York.

14 ‘‘(188) SPRINGPORT AND FLEMING, NEW

15 YORK.—$10,000,000 for water related infrastruc- 16 ture, including water mains, pump stations, and 17 water storage tanks, Springport and Fleming, New 18 York.

19 ‘‘(189) WELLSVILLE, NEW YORK.—$2,000,000 20 for water supply, water, and wastewater infrastruc- 21 ture in Wellsville, New York.

22 ‘‘(190) YATES COUNTY, NEW YORK.— 23 $5,000,000 for drinking water infrastructure, Yates 24 County, New York.

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1 ‘‘(191) CABARRUS COUNTY, NORTH CARO-

2 LINA.—$4,500,000 for water related infrastructure, 3 Cabarrus County, North Carolina.

4 ‘‘(192) CARY, WAKE COUNTY, NORTH CARO-

5 LINA.—$4,000,000 for a water reclamation facility, 6 Cary, Wake County, North Carolina.

7 ‘‘(193) CHARLOTTE, NORTH CAROLINA.— 8 $14,000,000 for the Briar Creek Relief Sewer 9 project, city of Charlotte, North Carolina.

10 ‘‘(194) FAYETTEVILLE, CUMBERLAND COUNTY,

11 NORTH CAROLINA.—$6,000,000 for water and sewer 12 upgrades, city of Fayetteville, Cumberland County, 13 North Carolina.

14 ‘‘(195) MOORESVILLE, NORTH CAROLINA.— 15 $4,000,000 for water and wastewater infrastructure 16 improvements, town of Mooresville, North Carolina.

17 ‘‘(196) NEUSE REGIONAL WATER AND SEWER

18 AUTHORITY, NORTH CAROLINA.—$4,000,000 for the 19 Neuse regional drinking water facility, Kinston, 20 North Carolina.

21 ‘‘(197) RICHMOND COUNTY, NORTH CARO-

22 LINA.—$13,500,000 for water related infrastructure, 23 Richmond County, North Carolina.

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1 ‘‘(198) UNION COUNTY, NORTH CAROLINA.— 2 $6,000,000 for water related infrastructure, Union 3 County, North Carolina.

4 ‘‘(199) WASHINGTON COUNTY, NORTH CARO-

5 LINA.—$1,000,000 for water and wastewater infra- 6 structure, Washington County, North Carolina.

7 ‘‘(200) WINSTON-SALEM, NORTH CAROLINA.— 8 $3,000,000 for stormwater upgrades, city of Win- 9 ston-Salem, North Carolina.

10 ‘‘(201) NORTH DAKOTA.—$15,000,000 for 11 water-related infrastructure, North Dakota.

12 ‘‘(202) DEVILS LAKE, NORTH DAKOTA.— 13 $15,000,000 for water supply infrastructure, Devils 14 Lake, North Dakota.

15 ‘‘(203) SAIPAN, NORTHERN MARIANA IS-

16 LANDS.—$20,000,000 for water related infrastruc- 17 ture, Saipan, Northern Mariana Islands.

18 ‘‘(204) AKRON, OHIO.—$5,000,000 for waste- 19 water infrastructure, Akron, Ohio

20 ‘‘(205) BURR OAK REGIONAL WATER DISTRICT,

21 OHIO.—$4,000,000 for construction of a water line 22 to extend from a well field near Chauncey, Ohio, to 23 a water treatment plant near Millfield, Ohio.

24 ‘‘(206) CINCINNATI, OHIO.—$1,000,000 for 25 wastewater infrastructure, Cincinnati, Ohio.

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1 ‘‘(207) CLEVELAND, OHIO.—$2,500,000 for 2 Flats East Bank water and wastewater infrastruc- 3 ture, city of Cleveland, Ohio.

4 ‘‘(208) COLUMBUS, OHIO.—$4,500,000 for 5 wastewater infrastructure, Columbus, Ohio.

6 ‘‘(209) DAYTON, OHIO.—$1,000,000 for water 7 and wastewater infrastructure, Dayton, Ohio.

8 ‘‘(210) DEFIANCE COUNTY, OHIO.—$1,000,000 9 for wastewater infrastructure, Defiance County, 10 Ohio.

11 ‘‘(211) FOSTORIA, OHIO.—$2,000,000 for 12 wastewater infrastructure, Fostoria, Ohio.

13 ‘‘(212) FREMONT, OHIO.—$2,000,000 for con- 14 struction of off-stream water supply reservoir, Fre- 15 mont, Ohio.

16 ‘‘(213) LAKE COUNTY, OHIO.—$1,500,000 for 17 wastewater infrastructure, Lake County, Ohio.

18 ‘‘(214) LAWRENCE COUNTY, OHIO.— 19 $5,000,000 for Union Rome wastewater infrastruc- 20 ture, Lawrence County, Ohio.

21 ‘‘(215) MEIGS COUNTY, OHIO.—$1,000,000 to 22 extend the Tupper Plains Regional Water District 23 water line to Meigs County, Ohio.

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1 ‘‘(216) MENTOR-ON-LAKE, OHIO.—$625,000 2 for water and wastewater infrastructure, Mentor-on- 3 Lake, Ohio.

4 ‘‘(217) VINTON COUNTY, OHIO.—$1,000,000 to 5 construct water lines in Vinton and Brown Town- 6 ships, Ohio.

7 ‘‘(218) WILLOWICK, OHIO.—$665,000 for water 8 and wastewater infrastructure, Willowick, Ohio.

9 ‘‘(219) ADA, OKLAHOMA.—$1,700,000 for 10 sewer improvements and other water infrastructure, 11 city of Ada, Oklahoma.

12 ‘‘(220) ALVA, OKLAHOMA.—$250,000 for 13 wastewater infrastructure improvements, city of 14 Alva, Oklahoma.

15 ‘‘(221) ARDMORE, OKLAHOMA.—$1,900,000 for 16 water and sewer infrastructure improvements, city of 17 Ardmore, Oklahoma.

18 ‘‘(222) BARTLESVILLE, OKLAHOMA.— 19 $2,500,000 for water supply infrastructure, city of 20 Bartlesville, Oklahoma.

21 ‘‘(223) BETHANY, OKLAHOMA.—$1,500,000 for 22 water improvements and water related infrastruc- 23 ture, city of Bethany, Oklahoma.

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1 ‘‘(224) CHICKASHA, OKLAHOMA.—$650,000 for 2 industrial park sewer infrastructure, city of 3 Chickasha, Oklahoma.

4 ‘‘(225) DISNEY AND LANGLEY, OKLAHOMA.— 5 $2,500,000 for water and sewer improvements and 6 water related infrastructure, cities of Disney and 7 Langley, Oklahoma.

8 ‘‘(226) DURANT, OKLAHOMA.—$3,300,000 for 9 bayou restoration and water related infrastructure, 10 city of Durant, Oklahoma.

11 ‘‘(227) EASTERN OKLAHOMA STATE UNIVER-

12 SITY, WILBERTON, OKLAHOMA.—$1,000,000 for 13 sewer and utility upgrades and water related infra- 14 structure, Eastern Oklahoma State University, 15 Wilberton, Oklahoma.

16 ‘‘(228) GUYMON, OKLAHOMA.—$16,000,000 for 17 water and wastewater related infrastructure, city of 18 Guymon, Oklahoma.

19 ‘‘(229) KONAWA, OKLAHOMA.—$500,000 for 20 water treatment infrastructure improvements, city of 21 Konawa, Oklahoma.

22 ‘‘(230) LUGERT-ALTUS IRRIGATION DISTRICT,

23 ALTUS, OKLAHOMA.—$5,000,000 for water related 24 infrastructure improvements, Lugert-Altus Irrigation 25 District, Altus, Oklahoma.

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1 ‘‘(231) MIDWEST CITY, OKLAHOMA.— 2 $2,000,000 for improvements to water related infra- 3 structure, the City of Midwest City, Oklahoma.

4 ‘‘(232) MUSTANG, OKLAHOMA.—$3,325,000 for 5 water improvements and water related infrastruc- 6 ture, city of Mustang, Oklahoma.

7 ‘‘(233) NORMAN, OKLAHOMA.—$10,000,000 for 8 water related infrastructure, Norman, Oklahoma.

9 ‘‘(234) OKLAHOMA PANHANDLE STATE UNIVER-

10 SITY, GUYMON, OKLAHOMA.—$275,000 for water 11 testing facility and water related infrastructure de- 12 velopment, Oklahoma Panhandle State University, 13 Guymon, Oklahoma.

14 ‘‘(235) WEATHERFORD, OKLAHOMA.—$500,000 15 for arsenic program and water related infrastruc- 16 ture, city of Weatherford, Oklahoma.

17 ‘‘(236) WOODWARD, OKLAHOMA.—$1,500,000 18 for water improvements and water related infra- 19 structure, Woodward, Oklahoma.

20 ‘‘(237) ALBANY, OREGON.—$35,000,000 for 21 wastewater infrastructure to improve habitat res- 22 toration, Albany, Oregon.

23 ‘‘(238) BEAVER CREEK RESERVOIR, PENNSYL-

24 VANIA.—$3,000,000 for projects for water supply 25 and related activities, Beaver Creek Reservoir, Clar-

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3 ‘‘(239) HATFIELD BOROUGH, PENNSYLVANIA.— 4 $310,000 for wastewater related infrastructure for 5 Hatfield Borough, Pennsylvania.

6 ‘‘(240) LEHIGH COUNTY, PENNSYLVANIA.— 7 $5,000,000 for stormwater control measures and 8 storm sewer improvements, Lehigh County, Pennsyl- 9 vania.

10 ‘‘(241) NORTH WALES BOROUGH, PENNSYL-

11 VANIA.—$1,516,584 for wastewater related infra- 12 structure for North Wales Borough, Pennsylvania.

13 ‘‘(242) PEN ARGYL, PENNSYLVANIA.— 14 $5,250,000 for wastewater infrastructure, Pen 15 Argyl, Pennsylvania.

16 ‘‘(243) PHILADELPHIA, PENNSYLVANIA.— 17 $1,600,000 for wastewater related infrastructure for 18 Philadelphia, Pennsylvania.

19 ‘‘(244) STOCKERTON BOROUGH, TATAMY BOR-

20 OUGH, AND PALMER TOWNSHIP, PENNSYLVANIA.— 21 $10,000,000 for stormwater control measures, par- 22 ticularly to address sinkholes, in the vicinity of 23 Stockerton Borough, Tatamy Borough, and Palmer 24 Township, Pennsylvania.

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1 ‘‘(245) VERA CRUZ, PENNSYLVANIA.— 2 $5,500,000 for wastewater infrastructure, Vera 3 Cruz, Pennsylvania.

4 ‘‘(246) COMMONWEALTH OF PUERTO RICO.— 5 $35,000,000 for water and wastewater infrastruc- 6 ture in the Commonwealth of Puerto Rico.

7 ‘‘(247) CHARLESTON, SOUTH CAROLINA.— 8 $4,000,000 for stormwater control measures and 9 storm sewer improvements, Spring Street/Fishburne 10 Street drainage project, Charleston, South Carolina.

11 ‘‘(248) CHARLESTON AND WEST ASHLEY,

12 SOUTH CAROLINA.—$6,000,000 for wastewater tun- 13 nel replacement, Charleston and West Ashley, South 14 Carolina.

15 ‘‘(249) CROOKED CREEK, MARLBORO COUNTY,

16 SOUTH CAROLINA.—$25,000,000 for a project for 17 water storage and water supply infrastructure on 18 Crooked Creek, Marlboro County, South Carolina.

19 ‘‘(250) MYRTLE BEACH, SOUTH CAROLINA.— 20 $18,000,000 for environmental infrastructure, in- 21 cluding ocean outfalls, Myrtle Beach, South Caro- 22 lina.

23 ‘‘(251) NORTH MYRTLE BEACH, SOUTH CARO-

24 LINA.—$11,000,000 for environmental infrastruc-

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3 ‘‘(252) SURFSIDE, SOUTH CAROLINA.— 4 $11,000,000 for environmental infrastructure, in- 5 cluding stormwater system improvements and ocean 6 outfalls, Surfside, South Carolina.

7 ‘‘(253) CHEYENNE RIVER SIOUX RESERVATION

8 (DEWEY AND ZIEBACH COUNTIES) AND PERKINS AND

9 MEADE COUNTIES, SOUTH DAKOTA.—$65,000,000 10 for water related infrastructure, Cheyenne River 11 Sioux Reservation (Dewey and Ziebach counties) 12 and Perkins and Meade Counties, South Dakota.

13 ‘‘(254) ATHENS, TENNESSEE.—$16,000,000 for 14 wastewater infrastructure, Athens, Tennessee.

15 ‘‘(255) BLAINE, TENNESSEE.—$500,000 for 16 water supply and wastewater infrastructure, Blaine, 17 Tennessee.

18 ‘‘(256) CLAIBORNE COUNTY, TENNESSEE.— 19 $1,250,000 for water supply and wastewater infra- 20 structure, Claiborne County, Tennessee.

21 ‘‘(257) GILES COUNTY, TENNESSEE.— 22 $2,000,000 for water supply and wastewater infra- 23 structure, county of Giles, Tennessee.

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1 ‘‘(258) GRAINGER COUNTY, TENNESSEE.— 2 $1,250,000 for water supply and wastewater infra- 3 structure, Grainger County, Tennessee.

4 ‘‘(259) HAMILTON COUNTY, TENNESSEE.— 5 $500,000 for water supply and wastewater infra- 6 structure, Hamilton County, Tennessee.

7 ‘‘(260) HARROGATE, TENNESSEE.—$2,000,000 8 for water supply and wastewater infrastructure, city 9 of Harrogate, Tennessee.

10 ‘‘(261) JOHNSON COUNTY, TENNESSEE.— 11 $600,000 for water supply and wastewater infra- 12 structure, Johnson County, Tennessee.

13 ‘‘(262) KNOXVILLE, TENNESSEE.—$5,000,000 14 for water supply and wastewater infrastructure, city 15 of Knoxville, Tennessee.

16 ‘‘(263) NASHVILLE, TENNESSEE.—$5,000,000 17 for water supply and wastewater infrastructure, 18 Nashville, Tennessee.

19 ‘‘(264) LEWIS, LAWRENCE, AND WAYNE COUN-

20 TIES, TENNESSEE.—$2,000,000 for water supply 21 and wastewater infrastructure, counties of Lewis, 22 Lawrence, and Wayne, Tennessee.

23 ‘‘(265) OAK RIDGE, TENNESSEE.—$4,000,000 24 for water supply and wastewater infrastructure, city 25 of Oak Ridge, Tennessee.

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1 ‘‘(266) PLATEAU UTILITY DISTRICT, MORGAN

2 COUNTY, TENNESSEE.—$1,000,000 for water supply 3 and wastewater infrastructure, Morgan County, 4 Tennessee.

5 ‘‘(267) SHELBY COUNTY, TENNESSEE.— 6 $4,000,000 for water related environmental infra- 7 structure, county of Shelby, Tennessee.

8 ‘‘(268) CENTRAL TEXAS.—$20,000,000 for 9 water and wastewater infrastructure in Bosque, 10 Brazos, Burleson, Grimes, Hill, Hood, Johnson, 11 Madison, McLennan, Limestone, Robertson, and 12 Somervell Counties, Texas.

13 ‘‘(269) EL PASO COUNTY, TEXAS.— 14 $25,000,000 for water related infrastructure and re- 15 source protection, including stormwater manage- 16 ment, and development, El Paso County, Texas.

17 ‘‘(270) FT. BEND COUNTY, TEXAS.— 18 $20,000,000 for water and wastewater infrastruc- 19 ture, Ft. Bend County, Texas.

20 ‘‘(271) DUCHESNE, IRON, AND UINTAH COUN-

21 TIES, UTAH.—$10,800,000 for water related infra- 22 structure, Duchesne, Iron, and Uintah Counties, 23 Utah.

24 ‘‘(272) NORTHERN WEST VIRGINIA.— 25 $20,000,000 for water and wastewater infrastruc-

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6 ‘‘(273) UNITED STATES VIRGIN ISLANDS.— 7 $25,000,000 for wastewater infrastructure for the 8 St. Croix Anguilla wastewater treatment plant and 9 the St. Thomas Charlotte Amalie wastewater treat- 10 ment plant, United States Virgin Islands.’’. 11 TITLE VI—FLORIDA 12 EVERGLADES

13 SEC. 6001. HILLSBORO AND OKEECHOBEE AQUIFER, FLOR-

14 IDA.

15 (a) MODIFICATION.—The project for Hillsboro and 16 Okeechobee Aquifer, Florida, authorized by section 17 101(a)(16) of the Water Resources Development Act of 18 1999 (113 Stat. 276), is modified to authorize the Sec- 19 retary to carry out the project at a total cost of 20 $42,500,000.

21 (b) TREATMENT.—Section 601(b)(2)(A) of the Water 22 Resources Development Act of 2000 (114 Stat. 2681) is 23 amended— 24 (1) in clause (i) by adding at the end the fol- 25 lowing: ‘‘The project for aquifer storage and recov-

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12 SEC. 6002. PILOT PROJECTS. 13 Section 601(b)(2)(B) of the Water Resources Devel- 14 opment Act of 2000 (114 Stat. 2681) is amended— 15 (1) in the matter preceding clause (i)— 16 (A) by striking ‘‘$69,000,000’’ and insert- 17 ing ‘‘$71,200,000’’; and 18 (B) by striking ‘‘$34,500,000’’ each place 19 it appears and inserting ‘‘$35,600,000’’; and 20 (2) in clause (i)— 21 (A) by striking ‘‘$6,000,000’’ and inserting 22 ‘‘$8,200,000’’; and 23 (B) by striking ‘‘$3,000,000’’ each place it 24 appears and inserting ‘‘$4,100,000’’.

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2 (a) MAXIMUM COST OF PROJECTS.—Section 3 601(b)(2)(E) of the Water Resources Development Act of 4 2000 (114 Stat. 2683) is amended by inserting ‘‘and sec- 5 tion (d)’’ before the period at the end.

6 (b) MAXIMUM COST OF PROGRAM AUTHORITY.—Sec- 7 tion 601(c)(3) of such Act (114 Stat. 2684) is amended 8 by adding at the end the following:

9 ‘‘(C) MAXIMUM COST OF PROGRAM AU-

10 THORITY.—Section 902 of the Water Resources 11 Development Act of 1986 (33 U.S.C. 2280) 12 shall apply to the individual project funding 13 limits in subparagraph (A) and the aggregate 14 cost limits in subparagraph (B).’’.

15 SEC. 6004. CREDIT. 16 Section 601(e)(5)(B) of the Water Resources Devel- 17 opment Act of 2000 (114 Stat. 2685) is amended— 18 (1) in clause (i)— 19 (A) by striking ‘‘or’’ at the end of sub- 20 clause (I); 21 (B) by adding ‘‘or’’ at the end of subclause 22 (II); and 23 (C) by adding at the end the following: 24 ‘‘(III) the credit is provided for work 25 carried out before the date of the partner- 26 ship agreement between the Secretary and

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12 SEC. 6005. OUTREACH AND ASSISTANCE. 13 Section 601(k) of the Water Resources Development 14 Act of 2000 (114 Stat. 2691) is amended by adding at 15 the end the following:

16 ‘‘(3) MAXIMUM EXPENDITURES.—The Sec- 17 retary may expend up to $3,000,000 per fiscal year 18 for fiscal years beginning after September 30, 2004, 19 to carry out this subsection.’’.

20 SEC. 6006. CRITICAL RESTORATION PROJECTS. 21 Section 528(b)(3)(C) of the Water Resources Devel- 22 opment Act of 1996 (110 Stat. 3769) is amended— 23 (1) in clause (i) by striking ‘‘$75,000,000’’ and 24 all that follows and inserting ‘‘$95,000,000’’; and

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3 ‘‘(ii) FEDERAL SHARE.—

4 ‘‘(I) IN GENERAL.—Except as 5 provided in subclause (II), the Federal 6 share of the cost of carrying out a 7 project under subparagraph (A) shall 8 not exceed $25,000,000.

9 ‘‘(II) SEMINOLE WATER CON-

10 SERVATION PLAN.—The Federal share 11 of the cost of carrying out the Semi- 12 nole water conservation plan shall not 13 exceed $30,000,000.’’.

14 SEC. 6007. REGIONAL ENGINEERING MODEL FOR ENVIRON-

15 MENTAL RESTORATION.

16 (a) IN GENERAL.—The Secretary shall complete the 17 development and testing of the regional engineering model 18 for environmental restoration as expeditiously as prac- 19 ticable.

20 (b) USAGE.—The Secretary shall consider using, as 21 appropriate, the regional engineering model for environ- 22 mental restoration in the development of future water re- 23 source projects, including projects developed pursuant to 24 section 601 of the Water Resources Development Act of 25 2000 (114 Stat. 2680).

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3 SEC. 7001. DEFINITIONS. 4 In this title, the following definitions apply:

5 (1) COASTAL LOUISIANA ECOSYSTEM.—The 6 term ‘‘coastal Louisiana ecosystem’’ means the 7 coastal area of Louisiana from the Sabine River on 8 the west to the Pearl River on the east, including 9 those parts of the Atchafalaya River Basin and the 10 Mississippi River Deltaic Plain below the Old River 11 Control Structure and the Chenier Plain included 12 within the study area of the restoration plan.

13 (2) GOVERNOR.—The term ‘‘Governor’’ means 14 the Governor of the State of Louisiana.

15 (3) RESTORATION PLAN.—The term ‘‘restora- 16 tion plan’’ means the report of the Chief of Engi- 17 neers for ecosystem restoration for the Louisiana 18 Coastal Area dated January 31, 2005.

19 (4) TASK FORCE.—The term ‘‘Task Force’’ 20 means the Coastal Louisiana Ecosystem Protection 21 and Restoration Task Force established by section 22 7003.

23 (5) COMPREHENSIVE PLAN.—The term ‘‘com- 24 prehensive plan’’ means the plan developed under 25 section 7002 and any revisions thereto.

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2 (a) IN GENERAL.—The Secretary, in coordination 3 with the Governor, shall develop a comprehensive plan for 4 protecting, preserving, and restoring the coastal Louisiana 5 ecosystem.

6 (b) INTEGRATION OF PLAN INTO COMPREHENSIVE

7 HURRICANE PROTECTION STUDY.—In developing the 8 comprehensive plan, the Secretary shall integrate the res- 9 toration plan into the analysis and design of the com- 10 prehensive hurricane protection study authorized by title 11 I of the Energy and Water Development Appropriations 12 Act, 2006 (119 Stat. 2247).

13 (c) CONSISTENCY WITH COMPREHENSIVE COASTAL

14 PROTECTION MASTER PLAN.—In developing the com- 15 prehensive plan, the Secretary shall ensure that the plan 16 is not inconsistent with the goals, analysis, and design of 17 the comprehensive coastal protection master plan author- 18 ized and defined pursuant to Act 8 of the First Extraor- 19 dinary Session of the Louisiana State Legislature, 2005.

20 (d) INCLUSIONS.—The comprehensive plan shall in- 21 clude a description of— 22 (1) the framework of a long-term program inte- 23 grated with hurricane and storm damage reduction, 24 flood damage reduction, and navigation activities 25 that provide for the comprehensive protection, con- 26 servation, and restoration of the wetlands, estuaries,

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24 (e) CONSIDERATIONS.—In developing the comprehen- 25 sive plan, the Secretary shall consider the advisability of

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9 (f) REPORTS TO CONGRESS.—

10 (1) INITIAL REPORT.—Not later than 1 year 11 after the date of enactment of this Act, the Sec- 12 retary shall submit to Congress a report containing 13 the comprehensive plan.

14 (2) UPDATES.—Not later than 5 years after the 15 date of submission of a report under paragraph (1), 16 and at least once every 5 years thereafter until im- 17 plementation of the comprehensive plan is complete, 18 the Secretary shall submit to Congress a report con- 19 taining an update of the plan and an assessment of 20 the progress made in implementing the plan.

21 SEC. 7003. LOUISIANA COASTAL AREA.

22 (a) IN GENERAL.—The Secretary may carry out a 23 program for ecosystem restoration, Louisiana Coastal 24 Area, Louisiana, substantially in accordance with the re- 25 port of the Chief of Engineers, dated January 31, 2005.

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1 (b) PRIORITIES.—

2 (1) IN GENERAL.—In carrying out the program 3 under subsection (a), the Secretary shall give pri- 4 ority to— 5 (A) any portion of the program identified 6 in the report described in subsection (a) as a 7 critical restoration feature; 8 (B) any Mississippi River diversion project 9 that— 10 (i) will protect a major population 11 area of the Pontchartrain, Pearl, Breton 12 Sound, Barataria, or Terrebonne basins; 13 and 14 (ii) will produce an environmental 15 benefit to the coastal Louisiana ecosystem; 16 (C) any barrier island, or barrier shoreline, 17 project that— 18 (i) will be carried out in conjunction 19 with a Mississippi River diversion project; 20 and 21 (ii) will protect a major population 22 area; 23 (D) any project that will reduce storm 24 surge and prevent or reduce the risk of loss of 25 human life and the risk to public safety; and

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8 SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION

9 AND RESTORATION TASK FORCE.

10 (a) ESTABLISHMENT.—There is established a task 11 force to be known as the Coastal Louisiana Ecosystem 12 Protection and Restoration Task Force (in this section re- 13 ferred to as the ‘‘Task Force’’).

14 (b) MEMBERSHIP.—The Task Force shall consist of 15 the following members (or, in the case of the head of a 16 Federal agency, a designee of the head of the agency at 17 the level of Assistant Secretary or an equivalent level): 18 (1) The Secretary. 19 (2) The Secretary of the Interior. 20 (3) The Secretary of Commerce. 21 (4) The Administrator of the Environmental 22 Protection Agency. 23 (5) The Secretary of Agriculture. 24 (6) The Secretary of Transportation. 25 (7) The Secretary of Energy.

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8 (c) DUTIES.—The Task Force shall make rec- 9 ommendations to the Secretary regarding— 10 (1) policies, strategies, plans, programs, 11 projects, and activities for addressing conservation, 12 protection, restoration, and maintenance of the 13 coastal Louisiana ecosystem; 14 (2) financial participation by each agency rep- 15 resented on the Task Force in conserving, pro- 16 tecting, restoring, and maintaining the coastal Lou- 17 isiana ecosystem, including recommendations— 18 (A) that identify funds from current agen- 19 cy missions and budgets; and 20 (B) for coordinating individual agency 21 budget requests; and 22 (3) the comprehensive plan to be developed 23 under section 7002(a).

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1 (d) REPORT.— The Task Force shall submit to Con- 2 gress a biennial report that summarizes the activities and 3 recommendations of the Task Force.

4 (e) WORKING GROUPS.—

5 (1) GENERAL AUTHORITY.—The Task Force 6 may establish such working groups as the Task 7 Force determines to be necessary to assist the Task 8 Force in carrying out this section.

9 (2) HURRICANES KATRINA AND RITA.—

10 (A) INTEGRATION TEAM.—The Task Force 11 shall establish a working group for the purpose 12 of advising the Task Force of opportunities to 13 integrate the planning, engineering, design, im- 14 plementation, and performance of Corps of En- 15 gineers projects for hurricane and storm dam- 16 age reduction, flood damage reduction, eco- 17 system restoration, and navigation in those 18 areas in Louisiana for which a major disaster 19 has been declared by the President as a result 20 of Hurricane Katrina or Rita.

21 (B) EXPERTISE; REPRESENTATION.—In 22 establishing the working group under subpara- 23 graph (A), the Task Force shall ensure that the 24 group—

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9 (C) DUTIES.—In developing its rec- 10 ommendations under this subsection, the work- 11 ing group shall— 12 (i) review reports relating to the per- 13 formance of, and recommendations relating 14 to the future performance of, the hurri- 15 cane, coastal, and flood protection systems 16 in southern Louisiana, including the re- 17 ports issued by the Interagency Perform- 18 ance Evaluation Team, the National Acad- 19 emy of Sciences, the National Science 20 Foundation, the American Society of Civil 21 Engineers, and Team Louisiana for the 22 purpose of advising the Task Force and 23 the Secretary on opportunities to improve 24 the performance of the protection systems;

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6 (f) COMPENSATION.—Members of the Task Force 7 and members of a working group established by the Task 8 Force may not receive compensation for their services as 9 members of the Task Force or working group, as the case 10 may be.

11 (g) TRAVEL EXPENSES.—Travel expenses incurred 12 by members of the Task Force and members of a working 13 group established by the Task Force, in the performance 14 of their service on the Task Force or working group, as 15 the case may be, shall be paid by the agency or entity 16 that the member represents.

17 (h) NONAPPLICABILITY OF FACA.—The Federal Ad- 18 visory Committee Act (5 U.S.C. App.) shall not apply to 19 the Task Force or any working group established by the 20 Task Force.

21 SEC. 7005. PROJECT MODIFICATIONS.

22 (a) REVIEW.—The Secretary, in cooperation with the 23 non-Federal interest of the project involved, shall review 24 each Federally-authorized water resources project in the 25 coastal Louisiana ecosystem being carried out or com-

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8 (b) MODIFICATIONS.—Subject to subsections (c) and 9 (d), the Secretary may carry out the modifications de- 10 scribed in subsection (a).

11 (c) PUBLIC NOTICE AND COMMENT.—Before com- 12 pleting the report required under subsection (d), the Sec- 13 retary shall provide an opportunity for public notice and 14 comment.

15 (d) REPORT.—

16 (1) IN GENERAL.—Before modifying an oper- 17 ation or feature of a project under subsection (b), 18 the Secretary shall submit to the Committee on 19 Transportation and Infrastructure of the House of 20 Representatives and the Committee on Environment 21 and Public Works of the Senate a report describing 22 the modification.

23 (2) INCLUSION.—A report describing a modi- 24 fication under paragraph (1) shall include such in- 25 formation relating to the timeline for and cost of the

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3 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 4 authorized to be appropriated to carry out this section 5 $10,000,000.

6 SEC. 7006. CONSTRUCTION.

7 (a) SCIENCE AND TECHNOLOGY.—

8 (1) IN GENERAL.—The Secretary shall carry 9 out a coastal Louisiana ecosystem science and tech- 10 nology program substantially in accordance with the 11 restoration plan at a total cost of $100,000,000.

12 (2) PURPOSES.—The purposes of the program 13 shall be— 14 (A) to identify any uncertainty relating to 15 the physical, chemical, geological, biological, 16 and cultural baseline conditions in the coastal 17 Louisiana ecosystem; 18 (B) to improve knowledge of the physical, 19 chemical, geological, biological, and cultural 20 baseline conditions in the coastal Louisiana eco- 21 system; 22 (C) to identify and develop technologies, 23 models, and methods to carry out this sub- 24 section; and

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3 (3) WORKING GROUPS.—The Secretary may es- 4 tablish such working groups as the Secretary deter- 5 mines to be necessary to assist the Secretary in car- 6 rying out this subsection.

7 (4) CONTRACTS AND COOPERATIVE AGREE-

8 MENTS.—In carrying out this subsection, the Sec- 9 retary may enter into a contract or cooperative 10 agreement with a consortium of academic institu- 11 tions in Louisiana with scientific or engineering ex- 12 pertise in the restoration of aquatic and marine eco- 13 systems for coastal restoration and enhancement 14 through science and technology.

15 (5) APPLICABILITY OF THE FEDERAL ADVISORY

16 COMMITTEE ACT.—The Federal Advisory Committee 17 Act (5 U.S.C. App.) shall not apply to a working 18 group established under this subsection.

19 (b) DEMONSTRATION PROJECTS.—

20 (1) IN GENERAL.—Subject to paragraph (2), 21 the Secretary may carry out demonstration projects 22 substantially in accordance with the restoration plan 23 and within the coastal Louisiana ecosystem for the 24 purpose of resolving critical areas of scientific or

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3 (2) MAXIMUM COST.—

4 (A) TOTAL COST.—The total cost for plan- 5 ning, design, and construction of all projects 6 under this subsection shall not exceed 7 $100,000,000.

8 (B) INDIVIDUAL PROJECT.—The total cost 9 of any single project under this subsection shall 10 not exceed $25,000,000.

11 (c) INITIAL PROJECTS.—

12 (1) IN GENERAL.—The Secretary is authorized 13 to carry out the following projects substantially in 14 accordance with the restoration plan: 15 (A) Mississippi River-Gulf Outlet environ- 16 mental restoration at a total cost of 17 $105,300,000, but not including those elements 18 of the project that produce navigation benefits. 19 (B) Small diversion at Hope Canal at a 20 total cost of $68,600,000. 21 (C) Barataria basin barrier shoreline res- 22 toration at a total cost of $242,600,000. 23 (D) Small Bayou Lafourche reintroduction 24 at a total cost of $133,500,000.

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4 (2) MODIFICATIONS.—

5 (A) IN GENERAL.—In carrying out each 6 project under paragraph (1), the Secretary shall 7 carry out such modifications as may be nec- 8 essary to the ecosystem restoration features 9 identified in the restoration plan— 10 (i) to address the impacts of Hurri- 11 canes Katrina and Rita on the areas of the 12 project; and 13 (ii) to ensure consistency with the 14 project authorized by section 7013 (includ- 15 ing work in and around the vicinity of the 16 Mississippi River-Gulf Outlet).

17 (B) INTEGRATION.—The Secretary shall 18 ensure that each modification under subpara- 19 graph (A) is taken into account in conducting 20 the study of comprehensive hurricane protection 21 authorized by title I of the Energy and Water 22 Development Appropriations Act, 2006 (119 23 Stat. 2247).

24 (C) MISSISSIPPI RIVER-GULF OUTLET.—In 25 carrying out the project under paragraph

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6 (3) CONSTRUCTION REPORTS.—Before the Sec- 7 retary may begin construction of any project under 8 this subsection, the Secretary shall submit a report 9 documenting any modifications to the project, in- 10 cluding cost changes, to the Committee on Transpor- 11 tation and Infrastructure of the House of Represent- 12 atives and the Committee on Environment and Pub- 13 lic Works of the Senate.

14 (4) APPLICABILITY OF OTHER PROVISIONS.— 15 Notwithstanding section 902 of the Water Resources 16 Development Act of 1986 (33 U.S.C. 2280), the cost 17 of a project under this subsection, including any 18 modifications to the project, shall not exceed 150 19 percent of the cost of such project set forth in para- 20 graph (1).

21 (d) BENEFICIAL USE OF DREDGED MATERIAL.—

22 (1) IN GENERAL.—The Secretary, substantially 23 in accordance with the restoration plan, shall imple- 24 ment in the coastal Louisiana ecosystem a program 25 for the beneficial use of material dredged from fed-

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3 (2) CONSIDERATION.—In carrying out the pro- 4 gram under paragraph (1), the Secretary shall con- 5 sider the beneficial use of sediment from the Illinois 6 River System for wetlands restoration in wetlands- 7 depleted watersheds of the coastal Louisiana eco- 8 system .

9 (e) ADDITIONAL PROJECTS.—

10 (1) IN GENERAL.—The Secretary is authorized 11 to carry out the following projects referred to in the 12 restoration plan if the Secretary determines such 13 projects are feasible: 14 (A) Land Bridge between Caillou Lake and 15 the Gulf of Mexico at a total cost of 16 $56,300,000. 17 (B) Gulf Shoreline at Point Au Fer Island 18 at a total cost of $43,400,000. 19 (C) Modification of Caernarvon Diversion 20 at a total cost of $20,700,000. 21 (D) Modification of Davis Pond Diversion 22 at a total cost of $64,200,000.

23 (2) REPORTS.—Not later than December 31, 24 2009, the Secretary shall submit feasibility reports 25 on the projects described in paragraph (1) to the

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4 (3) PROJECTS SUBJECT TO REPORTS.—

5 (A) FEASIBILITY REPORTS.—Not later 6 than December 31, 2008, the Secretary shall 7 submit to Congress feasibility reports on the 8 following projects referred to in the restoration 9 plan: 10 (i) Multipurpose Operation of Houma 11 Navigation Lock at a total cost of 12 $18,100,000. 13 (ii) Terrebonne Basin Barrier Shore- 14 line Restoration at a total cost of 15 $124,600,000. 16 (iii) Small Diversion at Convent/Blind 17 River at a total cost of $88,000,000. 18 (iv) Amite River Diversion Canal 19 Modification at a total cost of $5,600,000. 20 (v) Medium Diversion at White’s 21 Ditch at a total cost of $86,100,000. 22 (vi) Convey Atchafalaya River Water 23 to Northern Terrebonne Marshes at a total 24 cost of $221,200,000.

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1 (B) CONSTRUCTION.—The Secretary may 2 carry out the projects under subparagraph (A) 3 substantially in accordance with the plans and 4 subject to the conditions, recommended in a 5 final report of the Chief of Engineers if a favor- 6 able report of the Chief is completed by not 7 later than December 31, 2010.

8 (4) CONSTRUCTION.—No appropriations shall 9 be made to construct any project under this sub- 10 section if the report under paragraph (2) or para- 11 graph (3), as the case may be, has not been ap- 12 proved by resolutions adopted by the Committee on 13 Transportation and Infrastructure of the House of 14 Representatives and the Committee on Environment 15 and Public Works of the Senate.

16 SEC. 7007. NON-FEDERAL COST SHARE.

17 (a) CREDIT.—The Secretary shall credit, in accord- 18 ance with section 221 of the Flood Control Act 1970 (42 19 U.S.C. 1962d–5b), toward the non-Federal share of the 20 cost of a study or project under this title the cost of work 21 carried out in the coastal Louisiana ecosystem by the non- 22 Federal interest for the project before the date of the exe- 23 cution of the partnership agreement for the study or 24 project.

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1 (b) SOURCES OF FUNDS.—The non-Federal interest 2 may use, and the Secretary shall accept, funds provided 3 by a Federal agency under any other Federal program, 4 to satisfy, in whole or in part, the non-Federal share of 5 the cost of the study or project if the Federal agency that 6 provides the funds determines that the funds are author- 7 ized to be used to carry out the study or project.

8 (c) NONGOVERNMENTAL ORGANIZATIONS.—A non- 9 governmental organization shall be eligible to contribute 10 all or a portion of the non-Federal share of the cost of 11 a project under this title.

12 (d) TREATMENT OF CREDIT BETWEEN PROJECTS.— 13 Any credit provided under this section toward the non- 14 Federal share of the cost of a study or project under this 15 title may be applied toward the non-Federal share of the 16 cost of any other study or project under this title.

17 (e) PERIODIC MONITORING.—

18 (1) IN GENERAL.—To ensure that the contribu- 19 tions of the non-Federal interest equal the non-Fed- 20 eral share of the cost of a study or project under 21 this title during each 5-year period beginning after 22 the date of commencement of the first study or 23 project under this title, the Secretary shall— 24 (A) monitor for each study or project 25 under this title the non-Federal provision of

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9 (2) OTHER MONITORING.—The Secretary shall 10 conduct monitoring separately for the study phase, 11 construction phase, preconstruction engineering and 12 design phase, and planning phase for each project 13 authorized on or after the date of enactment of this 14 Act for all or any portion of the coastal Louisiana 15 ecosystem.

16 (f) AUDITS.—Credit for land, easements, rights-of- 17 way, relocations, and disposal areas (including land value 18 and incidental costs) provided under this section, and the 19 cost of work provided under this section, shall be subject 20 to audit by the Secretary.

21 SEC. 7008. PROJECT JUSTIFICATION.

22 (a) IN GENERAL.—Notwithstanding section 209 of 23 the Flood Control Act of 1970 (42 U.S.C. 1962–2) or any 24 other provision of law, in carrying out any project or activ- 25 ity under this title or any other provision of law to protect,

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10 (b) LIMITATION ON APPLICABILITY.—Subsection (a) 11 shall not apply to any separable element of a project in- 12 tended to produce benefits that are predominantly unre- 13 lated to the protection, preservation, and restoration of the 14 coastal Louisiana ecosystem.

15 SEC. 7009. INDEPENDENT REVIEW. 16 The Secretary shall establish a council, to be known 17 as the ‘‘Louisiana Water Resources Council’’, which shall 18 serve as the exclusive peer review panel for activities con- 19 ducted by the Corps of Engineers in the areas in the State 20 of Louisiana declared as major disaster areas in accord- 21 ance with section 401 of the Robert T. Stafford Disaster 22 Relief and Emergency Assistance Act (42 U.S.C. 5170) 23 in response to Hurricane Katrina or Rita of 2005, in ac- 24 cordance with the requirements of section 2034.

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2 (a) IN GENERAL.—The Secretary shall expedite com- 3 pletion of the reports for the following projects and, if the 4 Secretary determines that a project is feasible, proceed di- 5 rectly to project preconstruction engineering and design: 6 (1) The projects identified in the study of com- 7 prehensive hurricane protection authorized by title I 8 of the Energy and Water Development Appropria- 9 tions Act, 2006 (119 Stat. 2447). 10 (2) The projects identified in the Southwest 11 Coastal Louisiana hurricane and storm damage re- 12 duction study authorized by the Committee on 13 Transportation and Infrastructure of the House of 14 Representatives on December 7, 2005.

15 (b) SUBMISSION OF REPORTS.—Upon completion of 16 the reports identified in subsection (a), the Secretary shall 17 submit the reports to the Committee on Environment and 18 Public Works of the Senate and the Committee on Trans- 19 portation and Infrastructure of the House of Representa- 20 tives.

21 SEC. 7011. REPORTING. 22 Not later than 6 years after the date of enactment 23 of this Act, the Secretary shall submit to the Committee 24 on Transportation and Infrastructure of the House of 25 Representatives and the Committee on Environment and

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10 SEC. 7012. NEW ORLEANS AND VICINITY.

11 (a) IN GENERAL.—The Secretary is authorized to— 12 (1) raise levee heights where necessary and oth- 13 erwise enhance the Lake Pontchartrain and Vicinity 14 project and the West Bank and Vicinity project to 15 provide the level of protection necessary to achieve 16 the certification required for a 100-year level of 17 flood protection in accordance with the national 18 flood insurance program under the base flood ele- 19 vations current at the time of construction of the 20 levee; 21 (2) modify the 17th Street, Orleans Avenue, 22 and London Avenue drainage canals in the city of 23 New Orleans and install pumps and closure struc- 24 tures at or near the lakefront at Lake Pont- 25 chartrain;

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4 (b) COST SHARING.—Activities authorized by sub- 5 section (a) and section 7013 shall be carried out in a man- 6 ner that is consistent with the cost-sharing requirements 7 specified in the Emergency Supplemental Appropriations 8 Act for Defense, the Global War on Terror, and Hurricane 9 Recovery, 2006 (Public Law 109-234).

10 (c) CONDITIONS.—The Secretary shall notify the 11 Committee on Transportation and Infrastructure of the 12 House of Representatives and the Committee on Environ- 13 ment and Public Works of the Senate if estimates for the 14 expenditure of funds on any single project or activity iden- 15 tified in subsection (a) exceeds the amount specified for 16 that project or activity in the Emergency Supplemental 17 Appropriations Act for Defense, the Global War on Ter- 18 ror, and Hurricane Recovery, 2006. No appropriation in 19 excess of 25 percent above the amount specified for a 20 project or activity in such Act may be made until an in- 21 crease in the level of expenditure has been approved by 22 resolutions adopted by the Committee on Transportation 23 and Infrastructure of the House of Representatives and 24 the Committee on Environment and Public Works of the 25 Senate.

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2 (a) DEAUTHORIZATION.—

3 (1) IN GENERAL.—Effective beginning on the 4 date of submission of the plan required under para- 5 graph (3), the navigation channel portion of the Mis- 6 sissippi River-Gulf Outlet element of the project for 7 navigation, Mississippi River, Baton Rouge to the 8 Gulf of Mexico, authorized by the Act entitled ‘‘An 9 Act to authorize construction of the Mississippi 10 River-Gulf outlet’’, approved March 29, 1956 (70 11 Stat. 65) and modified by section 844 of the Water 12 Resources Development Act of 1986 (100 Stat. 13 4177) and section 326 of the Water Resources De- 14 velopment Act of 1996 (110 Stat. 3717), which ex- 15 tends from the Gulf of Mexico to Mile 60 at the 16 southern bank of the Gulf Intracoastal Waterway, is 17 not authorized.

18 (2) SCOPE.—Nothing in this paragraph modi- 19 fies or deauthorizes the Inner Harbor navigation 20 canal replacement project authorized by that Act of 21 March 29, 1956.

22 (3) CLOSURE AND RESTORATION PLAN.—

23 (A) IN GENERAL.—Not later than 180 24 days after the date of enactment of this Act, 25 the Secretary shall submit to the Committee on 26 Environment and Public Works of the Senate

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5 the heading ‘‘INVESTIGATIONS’’ under chapter 6 3 of title II of the Emergency Supplemental 7 Appropriations Act for Defense, the Global War 8 on Terror, and Hurricane Recovery, 2006 (120 9 Stat. 453).

10 (B) INCLUSIONS.—At a minimum, the re- 11 port under subparagraph (A) shall include— 12 (i) a plan to physically modify the 13 Mississippi River-Gulf Outlet and restore 14 the areas affected by the navigation chan- 15 nel; 16 (ii) a plan to restore natural features 17 of the ecosystem that will reduce or pre- 18 vent damage from storm surge; 19 (iii) a plan to prevent the intrusion of 20 saltwater into the waterway; 21 (iv) efforts to integrate the rec- 22 ommendations of the report with the pro- 23 gram authorized under section 7003 and 24 the analysis and design authorized by title 25 I of the Energy and Water Development

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7 (4) CONSTRUCTION.—The Secretary shall carry 8 out a plan to close the Mississippi River-Gulf Outlet 9 and restore and protect the ecosystem substantially 10 in accordance with the plan required under para- 11 graph (3), if the Secretary determines that the 12 project is cost-effective, environmentally acceptable, 13 and technically feasible.

14 SEC. 7014. HURRICANE AND STORM DAMAGE REDUCTION.

15 (a) REPORTS.—With respect to the projects identified 16 in the analysis and design of comprehensive hurricane pro- 17 tection authorized by title I of the Energy and Water De- 18 velopment Appropriations Act, 2006 (119 Stat. 2247), the 19 Secretary shall submit, to the maximum extent prac- 20 ticable, specific project recommendations in a report devel- 21 oped under that title.

22 (b) EMERGENCY PROCEDURES.—

23 (1) IN GENERAL.—If the President determines 24 that a project recommended in the analysis and de- 25 sign of comprehensive hurricane protection under

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18 (2) PRIORITIZATION.—In submitting legislative 19 proposals under paragraph (1), the President shall 20 give priority to any project that, as determined by 21 the President, would— 22 (A) to the maximum extent practicable, re- 23 duce the risk— 24 (i) of loss of human life; 25 (ii) to public safety; and

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4 (3) EXPEDITED CONSIDERATION.—

5 (A) IN GENERAL.—Beginning after De- 6 cember 31, 2008, any legislative proposal sub- 7 mitted by the President under paragraph (1) 8 shall be eligible for expedited consideration in 9 accordance with this paragraph.

10 (B) INTRODUCTION.—As soon as prac- 11 ticable after the date of receipt of a legislative 12 proposal under paragraph (1), the Chairman of 13 the Committee on Environment and Public 14 Works of the Senate shall introduce the pro- 15 posal as a bill, by request, in the Senate.

16 (C) REFERRAL.—A bill introduced under 17 subparagraph (B) shall be referred to the Com- 18 mittee on Environment and Public Works of the 19 Senate.

20 (D) COMMITTEE CONSIDERATION.—

21 (i) IN GENERAL.—Not later than 45 22 legislative days after a bill under subpara- 23 graph (B) is referred to the committee in 24 accordance with subparagraph (C), the 25 committee shall act on the bill.

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1 (ii) FAILURE TO ACT.—If the com- 2 mittee fails to act on a bill by the date 3 specified in clause (i), the bill shall be dis- 4 charged from the committee and placed on 5 the calendar of the Senate.

6 (4) EFFECTIVE DATE.—The requirements of, 7 and authorities under, this subsection shall expire on 8 December 31, 2010.

9 SEC. 7015. LAROSE TO GOLDEN MEADOW.

10 (a) REPORT.—Not later than 120 days after the date 11 of enactment of this Act, the Secretary shall submit to 12 the Committee on Environment and Public Works of the 13 Senate and the Committee on Transportation and Infra- 14 structure of the House of Representatives a report de- 15 scribing any modification required to the project for flood 16 damage reduction, Larose to Golden Meadow, Louisiana, 17 to provide the level of protection necessary to achieve the 18 certification required for a 100-year level of flood protec- 19 tion in accordance with the national flood insurance pro- 20 gram.

21 (b) MODIFICATIONS.—The Secretary is authorized to 22 carry out a modification described in subsection (a) if— 23 (1) the Secretary determines that the modifica- 24 tion in the report under subsection (a) is feasible; 25 and

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3 (c) REQUIREMENT.—No appropriation shall be made 4 to construct any modification under this section if the re- 5 port under subsection (a) has not been approved by resolu- 6 tions adopted by the Committee on Environment and Pub- 7 lic Works of the Senate and the Committee on Transpor- 8 tation and Infrastructure of the House of Representatives.

9 SEC. 7016. LOWER JEFFERSON PARISH, LOUISIANA.

10 (a) IN GENERAL.—The Secretary may carry out a 11 project for flood damage reduction in Lower Jefferson 12 Parish, Louisiana.

13 (b) EXISTING STUDIES.—In carrying out the project, 14 the Secretary shall use, to the maximum extent prac- 15 ticable, existing studies for projects for flood damage re- 16 duction in the vicinity of Lower Jefferson Parish, Lou- 17 isiana, prepared under section 205 of the Flood Control 18 Act of 1948 (33 U.S.C. 701s).

19 (c) CONSTRUCTION.—The Secretary may proceed to 20 construction or complete the construction of projects in 21 Lower Jefferson Parish if the projects are being developed 22 or carried out under section 205 of the Flood Control Act 23 of 1948 as of the date of enactment of this Act.

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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 2 authorized to be appropriated $100,000,000 to carry out 3 this section. 4 TITLE VIII—UPPER MISSISSIPPI 5 RIVER AND ILLINOIS WATER- 6 WAY SYSTEM

7 SEC. 8001. DEFINITIONS. 8 In this title, the following definitions apply:

9 (1) PLAN.—The term ‘‘Plan’’ means the project 10 for navigation and ecosystem improvements for the 11 Upper Mississippi River and Illinois Waterway Sys- 12 tem: Report of the Chief of Engineers, dated Decem- 13 ber 15, 2004.

14 (2) UPPER MISSISSIPPI RIVER AND ILLINOIS

15 WATERWAY SYSTEM.—The term ‘‘Upper Mississippi 16 River and Illinois Waterway System’’ means the 17 projects for navigation and ecosystem restoration au- 18 thorized by Congress for— 19 (A) the segment of the Mississippi River 20 from the confluence with the Ohio River, River 21 Mile 0.0, to Upper St. Anthony Falls Lock in 22 Minneapolis-St. Paul, Minnesota, River Mile 23 854.0; and 24 (B) the Illinois Waterway from its con- 25 fluence with the Mississippi River at Grafton,

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3 SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORA-

4 TION. 5 Except as modified by this title, the Secretary shall 6 undertake navigation improvements and restoration of the 7 ecosystem for the Upper Mississippi River and Illinois Wa- 8 terway System substantially in accordance with the Plan 9 and subject to the conditions described therein.

10 SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGA-

11 TION IMPROVEMENTS.

12 (a) SMALL SCALE AND NONSTRUCTURAL MEAS-

13 URES.—

14 (1) IN GENERAL.—The Secretary shall— 15 (A) construct mooring facilities at Locks 16 12, 14, 18, 20, 22, 24, and LaGrange Lock or 17 other alternative locations that are economically 18 and environmentally feasible; 19 (B) provide switchboats at Locks 20 20 through 25; and 21 (C) conduct development and testing of an 22 appointment scheduling system.

23 (2) AUTHORIZATION OF APPROPRIATIONS.— 24 The total cost of projects authorized under this sub- 25 section shall be $256,000,000. Such costs are to be

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1 paid 1⁄2 from amounts appropriated from the general

2 fund of the Treasury and 1⁄2 from amounts appro- 3 priated from the Inland Waterways Trust Fund. 4 Such sums shall remain available until expended.

5 (b) NEW LOCKS.—

6 (1) IN GENERAL.—The Secretary shall con- 7 struct new 1,200-foot locks at Locks 20, 21, 22, 24, 8 and 25 on the Upper Mississippi River and at La- 9 Grange Lock and Peoria Lock on the Illinois Water- 10 way.

11 (2) AUTHORIZATION OF APPROPRIATIONS.— 12 The total cost of projects authorized under this sub- 13 section shall be $1,948,000,000. Such costs are to

14 be paid 1⁄2 from amounts appropriated from the gen-

15 eral fund of the Treasury and 1⁄2 from amounts ap- 16 propriated from the Inland Waterways Trust Fund. 17 Such sums shall remain available until expended.

18 (c) CONCURRENCE.—The mitigation required for the 19 projects authorized under subsections (a) and (b), includ- 20 ing any acquisition of lands or interests in lands, shall be 21 undertaken or acquired concurrently with lands and inter- 22 ests in lands for the projects authorized under subsections 23 (a) and (b), and physical construction required for the 24 purposes of mitigation shall be undertaken concurrently 25 with the physical construction of such projects.

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2 (a) OPERATION.—To ensure the environmental sus- 3 tainability of the existing Upper Mississippi River and Illi- 4 nois Waterway System, the Secretary shall modify, con- 5 sistent with requirements to avoid adverse effects on navi- 6 gation, the operation of the Upper Mississippi River and 7 Illinois Waterway System to address the cumulative envi- 8 ronmental impacts of operation of the system and improve 9 the ecological integrity of the Upper Mississippi River and 10 Illinois River.

11 (b) ECOSYSTEM RESTORATION PROJECTS.—

12 (1) IN GENERAL.—The Secretary shall carry 13 out, consistent with requirements to avoid adverse 14 effects on navigation, ecosystem restoration projects 15 to attain and maintain the sustainability of the eco- 16 system of the Upper Mississippi River and Illinois 17 River in accordance with the general framework out- 18 lined in the Plan.

19 (2) PROJECTS INCLUDED.—Ecosystem restora- 20 tion projects may include— 21 (A) island building; 22 (B) construction of fish passages; 23 (C) floodplain restoration; 24 (D) water level management (including 25 water drawdown); 26 (E) backwater restoration;

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13 (3) COST SHARING.—

14 (A) IN GENERAL.—Except as provided in 15 subparagraphs (B) and (C), the Federal share 16 of the cost of carrying out an ecosystem res- 17 toration project under this subsection shall be 18 65 percent.

19 (B) EXCEPTION FOR CERTAIN RESTORA-

20 TION PROJECTS.—In the case of a project 21 under this section for ecosystem restoration, the 22 Federal share of the cost of carrying out the 23 project shall be 100 percent if the project— 24 (i) is located below the ordinary high 25 water mark or in a connected backwater;

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5 (C) SAVINGS CLAUSE.—Nothing in this 6 subsection affects the applicability of section 7 906(e) of the Water Resources Development 8 Act of 1986 (33 U.S.C. 2283(e)).

9 (D) NONGOVERNMENTAL ORGANIZA-

10 TIONS.—In accordance with section 221 of the 11 Flood Control Act of 1970 (42 U.S.C. 1962d– 12 5b), for any project carried out under this title, 13 a non-Federal sponsor may include a nonprofit 14 entity, with the consent of the affected local 15 government.

16 (4) LAND ACQUISITION.—The Secretary may 17 acquire land or an interest in land for an ecosystem 18 restoration project from a willing seller through con- 19 veyance of— 20 (A) fee title to the land; or 21 (B) a flood plain conservation easement.

22 (c) MONITORING.—The Secretary shall carry out a 23 long term resource monitoring, computerized data inven- 24 tory and analysis, and applied research program for the 25 Upper Mississippi River and Illinois River to determine

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7 (d) ECOSYSTEM RESTORATION PRECONSTRUCTION

8 ENGINEERING AND DESIGN.—

9 (1) RESTORATION DESIGN.—Before initiating 10 the construction of any individual ecosystem restora- 11 tion project, the Secretary shall— 12 (A) establish ecosystem restoration goals 13 and identify specific performance measures de- 14 signed to demonstrate ecosystem restoration; 15 (B) establish the without-project condition 16 or baseline for each performance indicator; and 17 (C) for each separable element of the eco- 18 system restoration, identify specific target goals 19 for each performance indicator.

20 (2) OUTCOMES.—Performance measures identi- 21 fied under paragraph (1)(A) shall include specific 22 measurable environmental outcomes, such as 23 changes in water quality, hydrology, or the well- 24 being of indicator species the population and dis- 25 tribution of which are representative of the abun-

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3 (3) RESTORATION DESIGN.—Restoration design 4 carried out as part of ecosystem restoration shall in- 5 clude a monitoring plan for the performance meas- 6 ures identified under paragraph (1)(A), including— 7 (A) a timeline to achieve the identified tar- 8 get goals; and 9 (B) a timeline for the demonstration of 10 project completion.

11 (e) CONSULTATION AND FUNDING AGREEMENTS.—

12 (1) IN GENERAL.—In carrying out the environ- 13 mental sustainability, ecosystem restoration, and 14 monitoring activities authorized in this section, the 15 Secretary shall consult with the Secretary of the In- 16 terior and the States of Illinois, Iowa, Minnesota, 17 Missouri, and Wisconsin.

18 (2) FUNDING AGREEMENTS.—The Secretary is 19 authorized to enter into agreements with the Sec- 20 retary of the Interior, the Upper Mississippi River 21 Basin Association, and natural resource and con- 22 servation agencies of the States of Illinois, Iowa, 23 Minnesota, Missouri, and Wisconsin to provide for 24 the direct participation of and transfer of funds to 25 such entities for the planning, implementation, and

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3 (f) SPECIFIC PROJECTS AUTHORIZATION.—

4 (1) IN GENERAL.—There is authorized to be 5 appropriated to carry out this subsection 6 $1,717,000,000, of which not more than 7 $245,000,000 shall be available for projects de- 8 scribed in subsection (b)(2)(B) and not more than 9 $48,000,000 shall be available for projects described 10 in subsection (b)(2)(J). Such sums shall remain 11 available until expended.

12 (2) LIMITATION ON AVAILABLE FUNDS.—Of the 13 amounts made available under paragraph (1), not 14 more than $35,000,000 in any fiscal year may be 15 used for land acquisition under subsection (b)(4).

16 (3) INDIVIDUAL PROJECT LIMIT.—Other than 17 for projects described in subparagraphs (B) and (J) 18 of subsection (b)(2), the total cost of any single 19 project carried out under this subsection shall not 20 exceed $25,000,000.

21 (4) MONITORING.—In addition to amounts au- 22 thorized under paragraph (1), there are authorized 23 $10,420,000 per fiscal year to carry out the moni- 24 toring program under subsection (c) if such sums 25 are not appropriated pursuant to section 1103(e)(4)

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3 (g) IMPLEMENTATION REPORTS.—

4 (1) IN GENERAL.—Not later than June 30, 5 2009, and every 4 years thereafter, the Secretary 6 shall submit to the Committee on Environment and 7 Public Works of the Senate and the Committee on 8 Transportation and Infrastructure of the House of 9 Representatives an implementation report that— 10 (A) includes baselines, milestones, goals, 11 and priorities for ecosystem restoration 12 projects; and 13 (B) measures the progress in meeting the 14 goals.

15 (2) ADVISORY PANEL.—

16 (A) IN GENERAL.—The Secretary shall ap- 17 point and convene an advisory panel to provide 18 independent guidance in the development of 19 each implementation report under paragraph 20 (1).

21 (B) PANEL MEMBERS.—Panel members 22 shall include— 23 (i) one representative of each of the 24 State resource agencies (or a designee of 25 the Governor of the State) from each of

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20 (C) CHAIRPERSON.—The Secretary shall 21 serve as chairperson of the advisory panel.

22 (D) APPLICATION OF FEDERAL ADVISORY

23 COMMITTEE ACT.—The Advisory Panel and any 24 working group established by the Advisory 25 Panel shall not be considered an advisory com-

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3 (h) RANKING SYSTEM.—

4 (1) IN GENERAL.—The Secretary, in consulta- 5 tion with the Advisory Panel, shall develop a system 6 to rank proposed projects.

7 (2) PRIORITY.—The ranking system shall give 8 greater weight to projects that restore natural river 9 processes, including those projects listed in sub- 10 section (b)(2).

11 SEC. 8005. COMPARABLE PROGRESS.

12 (a) IN GENERAL.—As the Secretary conducts pre-en- 13 gineering, design, and construction for projects authorized 14 under this title, the Secretary shall— 15 (1) select appropriate milestones; 16 (2) determine, at the time of such selection, 17 whether the projects are being carried out at com- 18 parable rates; and 19 (3) make an annual report to Congress, begin- 20 ning in fiscal year 2009, regarding whether the 21 projects are being carried out at a comparable rate.

22 (b) NO COMPARABLE RATE.—If the Secretary or 23 Congress determines under subsection (a)(2) that projects 24 authorized under this title are not moving toward comple- 25 tion at a comparable rate, annual funding requests for the

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5 SEC. 9001. SHORT TITLE. 6 This title may be cited as the ‘‘National Levee Safety 7 Act of 2007’’.

8 SEC. 9002. DEFINITIONS. 9 In this title, the following definitions apply:

10 (1) COMMITTEE.—The term ‘‘committee’’ 11 means the Committee on Levee Safety established by 12 section 9003(a).

13 (2) INSPECTION.—The term ‘‘inspection’’ 14 means an actual inspection of a levee— 15 (A) to establish the global information sys- 16 tem location of the levee; 17 (B) to determine the general condition of 18 the levee; and 19 (C) to estimate the number of structures 20 and population at risk and protected by the 21 levee that would be adversely impacted if the 22 levee fails or water levels exceed the height of 23 the levee.

24 (3) LEVEE.—

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1 (A) IN GENERAL.—The term ‘‘levee’’ 2 means an embankment, including floodwalls— 3 (i) the primary purpose of which is to 4 provide hurricane, storm, and flood protec- 5 tion relating to seasonal high water, storm 6 surges, precipitation, and other weather 7 events; and 8 (ii) that normally is subject to water 9 loading for only a few days or weeks dur- 10 ing a year.

11 (B) INCLUSION.—The term includes struc- 12 tures along canals that constrain water flows 13 and are subject to more frequent water loadings 14 but that do not constitute a barrier across a 15 watercourse.

16 (4) STATE.—The term ‘‘State’’ means— 17 (A) a State; 18 (B) the District of Columbia; 19 (C) the Commonwealth of Puerto Rico; 20 and 21 (D) any other territory or possession of the 22 United States.

23 (5) STATE LEVEE SAFETY AGENCY.—The term 24 ‘‘State levee safety agency’’ means the agency of a

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3 (6) UNITED STATES.—The term ‘‘United 4 States’’, when used in a geographical sense, means 5 all of the States.

6 SEC. 9003. COMMITTEE ON LEVEE SAFETY.

7 (a) ESTABLISHMENT.—There is established a com- 8 mittee to be known as the ‘‘Committee on Levee Safety’’.

9 (b) MEMBERSHIP.—The committee shall be com- 10 posed of 16 members as follows: 11 (1) The Secretary (or the Secretary’s designee), 12 who shall serve as the chairperson of the Committee. 13 (2) The Administrator of the Federal Emer- 14 gency Management Agency (or the Administrator’s 15 designee). 16 (3) The following 14 members appointed by the 17 Secretary: 18 (A) 8 representatives of State levee safety 19 agencies, one from each of the 8 civil works di- 20 visions of the Corps of Engineers. 21 (B) 2 representatives of the private sector 22 who have expertise in levee safety. 23 (C) 2 representatives of local and regional 24 governmental agencies who have expertise in 25 levee safety.

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3 (c) DUTIES.—

4 (1) DEVELOPMENT OF RECOMMENDATIONS FOR

5 NATIONAL LEVEE SAFETY PROGRAM.—The com- 6 mittee shall develop recomendations for a national 7 levee safety program, including a strategic plan for 8 implementation of the program.

9 (2) REPORT.—Not later than 180 days after 10 the date of enactment of this Act, the committee 11 shall submit to the Secretary, the Committee on 12 Transportation and Infrastructure of the House of 13 Representatives, and the Committee on Environment 14 and Public Works of the Senate a report containing 15 the recommendations developed under paragraph 16 (1).

17 (d) PURPOSES.—In developing recommendations 18 under subsection (c)(1), the committee shall ensure that 19 the national levee safety program meets the following 20 goals: 21 (1) Ensuring the protection of human life and 22 property by levees through the development of tech- 23 nologically, economically, socially, and environ- 24 mentally feasible programs and procedures for haz- 25 ard reduction and mitigation relating to levees.

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4 (e) COMPENSATION OF MEMBERS.—A member of the 5 committee shall serve without compensation.

6 (f) TRAVEL EXPENSES.—To the extent amounts are 7 made available in advance in appropriations Acts, the Sec- 8 retary shall reimburse a member of the committee for 9 travel expenses, including per diem in lieu of subsistence, 10 at rates authorized for an employee of a Federal agency 11 under subchapter I of chapter 57 of title 5, United States 12 Code, while away from the home or regular place of busi- 13 ness of the member in performance of services for the 14 committee.

15 (g) APPLICABILITY OF FEDERAL ADVISORY COM-

16 MITTEE ACT.—The Federal Advisory Committee Act (5 17 U.S.C. App.) shall not apply to the committee.

18 SEC. 9004. INVENTORY AND INSPECTION OF LEVEES.

19 (a) LEVEE DATABASE.—

20 (1) IN GENERAL.—Not later than one year 21 after the date of enactment of this Act, the Sec- 22 retary shall establish and maintain a database with 23 an inventory of the Nation’s levees.

24 (2) CONTENTS.—The database shall include—

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14 (3) AVAILABILITY OF INFORMATION.—

15 (A) AVAILABILITY TO FEDERAL, STATE,

16 AND LOCAL GOVERNMENTAL AGENCIES.—The 17 Secretary shall make all of the information in 18 the database available to appropriate Federal, 19 State, and local governmental agencies.

20 (B) AVAILABILITY TO THE PUBLIC.—The 21 Secretary shall make the information in the 22 database described in paragraph (2)(A), and 23 such other information in the database as the 24 Secretary determines appropriate, available to 25 the public.

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1 (b) INVENTORY AND INSPECTION OF LEVEES.—

2 (1) FEDERAL LEVEES.—The Secretary, at Fed- 3 eral expense, shall establish an inventory and con- 4 duct an inspection of all federally owned and oper- 5 ated levees.

6 (2) FEDERALLY CONSTRUCTED, NONFEDER-

7 ALLY OPERATED AND MAINTAINED LEVEES.—The 8 Secretary shall establish an inventory and conduct 9 an inspection of all federally constructed, non-feder- 10 ally operated and maintained levees, at the original 11 cost share for the project.

12 (3) PARTICIPATING LEVEES.—For non-Federal 13 levees the owners of which are participating in the 14 emergency response to natural disasters program es- 15 tablished under section 5 of the Act entitled ‘‘An Act 16 authorizing the construction of certain public works 17 on rivers and harbors for flood control, and for other 18 purposes’’, approved August 18, 1941 (33 U.S.C. 19 701n), the Secretary shall establish an inventory and 20 conduct an inspection of each such levee if the owner 21 of the levee requests such inspection. The Federal 22 share of the cost of an inspection under this para- 23 graph shall be 65 percent.

24 SEC. 9005. LIMITATIONS ON STATUTORY CONSTRUCTION. 25 Nothing in this title shall be construed as—

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7 SEC. 9006. AUTHORIZATION OF APPROPRIATIONS. 8 There is authorized to be appropriated to the Sec- 9 retary to carry out this title $20,000,000 for each of fiscal 10 years 2008 through 2013.

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