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Donate NowH.R.1495 - Water Resources Development Act of 2007
To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 69,571 | n/a | n/a |
| Reported in House | 71,832 | 788 | 5% |
| Engrossed in House | 79,497 | 685 | 17% |
| Placed on Calendar Senate | 79,191 | 8 | 0% |
| Engrossed Amendment Senate | 77,609 | 2,663 | 91% |
| Enrolled Bill | 112,430 | 2,981 Show Changes Hide Changes | 84% |
Key: changed or removed text inserted or modified text

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HR 1495 EAS
Begun and held at the City of Washington on Thursday,CommentsClose CommentsPermalink
the fourth day of January, two thousand and sevenCommentsClose CommentsPermalink
An ActCommentsClose CommentsPermalink
To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.CommentsClose CommentsPermalink
', do pass with the followingAMENDMENT:Strike out all after the enacting clause and insert: Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Water Resources Development Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents offor this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink
Sec. 2. Definition of Secretary.CommentsClose CommentsPermalink
TITLE I--WATER RESOURCES PROJECTS
Sec. 1001. Project authorizations.CommentsClose CommentsPermalink
Sec. 1002. Enhanced navigation capacity improvements and ecosystem restoration plan for Upper Mississippi River and Illinois Waterway System.Sec. 1003. Louisiana Coastal Area ecosystem restoration, Louisiana.Sec. 1004. Small projects for flood damage reduction.CommentsClose CommentsPermalink
Sec. 10053. Small projects for emergency streambank protection.CommentsClose CommentsPermalink
Sec. 1004. Small projects for navigation.CommentsClose CommentsPermalink
Sec. 1005. Small projects for improvement of the quality of the environment.CommentsClose CommentsPermalink
Sec. 1006. Small projects for aquatic ecosystem restoration.CommentsClose CommentsPermalink
Sec. 1007. Small projects for shoreline protection.CommentsClose CommentsPermalink
Sec. 1008. Small projects for snagging and sediment removal.CommentsClose CommentsPermalink
Sec. 1009. Small projects to prevent or mitigate damage caused by navigation projects.CommentsClose CommentsPermalink
Sec. 100810. Small projects for aquatic plant control.CommentsClose CommentsPermalink
TITLE II--GENERAL PROVISIONS
Subtitle A--ProvisionsSec. 2001. Credit for in-kindNon-Federal contributions.CommentsClose CommentsPermalink
Sec. 2002. Interagency and international support authorityFunding to process permits.CommentsClose CommentsPermalink
Sec. 2003. Training fundWritten agreement for water resources projects.CommentsClose CommentsPermalink
Sec. 2004. Fiscal transparency reportCompilation of laws.CommentsClose CommentsPermalink
Sec. 2005. Planning.Sec. 2006. Water Resources Planning Coordinating CommitteeDredged material disposal.CommentsClose CommentsPermalink
Sec. 2006. Remote and subsistence harbors.CommentsClose CommentsPermalink
Sec. 2007. Independent peer reviewUse of other Federal funds.CommentsClose CommentsPermalink
Sec. 2008. Mitigation for fish and wildlife lossesRevision of project partnership agreement; cost sharing.CommentsClose CommentsPermalink
Sec. 2009. Expedited actions for emergency flood damage reduction.CommentsClose CommentsPermalink
Sec. 2009. State technical assistance.Sec. 2010. Access to water resource dataWatershed and river basin assessments.CommentsClose CommentsPermalink
Sec. 2011. Construction of flood control projects by non-Federal interestsTribal partnership program.CommentsClose CommentsPermalink
Sec. 2012. Regional sediment managementWildfire firefighting.CommentsClose CommentsPermalink
Sec. 2013. National shoreline erosion control development programTechnical assistance.CommentsClose CommentsPermalink
Sec. 2014. Shore protection projects.Sec. 2015. Cost sharing for monitoringLakes program.CommentsClose CommentsPermalink
Sec. 2015. Cooperative agreements.CommentsClose CommentsPermalink
Sec. 2016. Ecosystem restoration benefitTraining funds.CommentsClose CommentsPermalink
Sec. 2017. Funding to expedite the evaluation and processing of permitsAccess to water resource data.CommentsClose CommentsPermalink
Sec. 2018. Electronic submission of permit applicationShore protection projects.CommentsClose CommentsPermalink
Sec. 2019. Improvement of water management at Corps of Engineers reservoirsAbility to pay.CommentsClose CommentsPermalink
Sec. 2020. Federal hopper dredgesAquatic ecosystem and estuary restoration.CommentsClose CommentsPermalink
Sec. 2021. Extraordinary rainfall evenSmall flood damage reduction projects.CommentsClose CommentsPermalink
Sec. 2022. Wildfire firefighting.Sec. 2023. Nonprofit organizations as sponsorSmall river and harbor improvement projects.CommentsClose CommentsPermalink
Sec. 2023. Protection of highways, bridge approaches, public works, and nonprofit public services.CommentsClose CommentsPermalink
Sec. 2024. Project administrationModification of projects for improvement of the quality of the environment.CommentsClose CommentsPermalink
Sec. 2025. Program administrationRemediation of abandoned mine sites.CommentsClose CommentsPermalink
Sec. 2026. Extension of shore protection projectsLeasing authority.CommentsClose CommentsPermalink
Sec. 2027. Tribal partnership programFiscal transparency report.CommentsClose CommentsPermalink
Sec. 2028. Project deauthorization.Subtitle B--Continuing Authorities ProjectsSec. 2031. Navigation enhancements for waterborne transportationSupport of Army civil works program.CommentsClose CommentsPermalink
Sec. 2032. Protection and restoration due to emergencies at shores and streambank29. Sense of Congress on criteria for operation and maintenance of harbor dredging projects.CommentsClose CommentsPermalink
Sec. 2033. Restoration of the environment for protection of aquatic and riparian ecosystems program0. Interagency and international support authority.CommentsClose CommentsPermalink
Sec. 2031. Water resources principles and guidelines.CommentsClose CommentsPermalink
Sec. 2032. Water resource priorities report.CommentsClose CommentsPermalink
Sec. 2033. Planning.CommentsClose CommentsPermalink
Sec. 2034. Environmental modification of projects for improvement and restoration of ecosystems programIndependent peer review.CommentsClose CommentsPermalink
Sec. 2035. Projects to enhance estuaries and coastal habitatsSafety assurance review.CommentsClose CommentsPermalink
Sec. 2036. Remediation of abandoned mine sitMitigation for fish and wildlife and wetlands losses.CommentsClose CommentsPermalink
Sec. 2037. Small projects for the rehabilitation and removal of damsRegional sediment management.CommentsClose CommentsPermalink
Sec. 2038. Remote, maritime-dependent communitiesNational shoreline erosion control development program.CommentsClose CommentsPermalink
Sec. 2039. Agreements for water resource projectMonitoring ecosystem restoration.CommentsClose CommentsPermalink
Sec. 2040. Electronic submission of permit applications.CommentsClose CommentsPermalink
Sec. 2040. Program names.Subtitle C--National Levee Safety ProgramSec. 2051. Short title1. Project administration.CommentsClose CommentsPermalink
Sec. 2052. Definitions42. Program administration.CommentsClose CommentsPermalink
Sec. 2053. National Levee Safety Committee43. Studies and reports for water resources projects.CommentsClose CommentsPermalink
Sec. 2054. National Levee Safety Program44. Coordination and scheduling of Federal, State, and local actions.CommentsClose CommentsPermalink
Sec. 2055. Authorization of appropriation45. Project streamlining.CommentsClose CommentsPermalink
Sec. 2046. Project deauthorization.CommentsClose CommentsPermalink
Sec. 2047. Federal hopper dredges.CommentsClose CommentsPermalink
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 3001. St. Herman and St. Paul Harbors, Kodiak, Alaska.Sec. 3002. Sitka, Alaska.Sec. 3003. Black Warrior-Tombigbee Rivers, Alabama.CommentsClose CommentsPermalink
Sec. 3002. Cook Inlet, Alaska.CommentsClose CommentsPermalink
Sec. 3003. King Cove Harbor, Alaska.CommentsClose CommentsPermalink
Sec. 3004. Nogales Wash and tributaries flood control project, ArizonSeward Harbor, Alaska.CommentsClose CommentsPermalink
Sec. 3005. Sitka, Alaska.CommentsClose CommentsPermalink
Sec. 3006. Tatitlek, Alaska.CommentsClose CommentsPermalink
Sec. 3007. Rio dDe Flag, Flagstaff, Arizona.CommentsClose CommentsPermalink
Sec. 30068. Nogales Wash and tributaries flood control project, Arizona.CommentsClose CommentsPermalink
Sec. 3009. Tucson drainage area (Tucson Arroyo), Arizona.CommentsClose CommentsPermalink
Sec. 3007. Augusta and Clarendon10. Osceola Harbor, Arkansas.CommentsClose CommentsPermalink
Sec. 3008. Eastern Arkansas Enterprise Community, Arkansas11. St. Francis River Basin, Arkansas and Missouri.CommentsClose CommentsPermalink
Sec. 300912. Pine Mountain Dam, Arkansas.CommentsClose CommentsPermalink
Sec. 3013. Red-Ouachita River Basin levees, Arkansas and Louisiana.Sec. 3010. St. Francis Basin, Arkansas and Missouri.Sec. 3011. St. Francis Basin land transfer, Arkansas and Missouri.Sec. 3012. McClellan-Kerr Arkansas River Navigation System, Arkansas and OklahomLevees, Arkansas and Louisiana.CommentsClose CommentsPermalink
Sec. 30134. Cache Creek Basin, California.CommentsClose CommentsPermalink
Sec. 3014. CALFED levee5. CALFED stability program, California.CommentsClose CommentsPermalink
Sec. 30156. Compton Creek, California.CommentsClose CommentsPermalink
Sec. 3017. Grayson Creek/Murderer's Creek, California.CommentsClose CommentsPermalink
Sec. 3018. Hamilton Airfield, California.CommentsClose CommentsPermalink
Sec. 3016. LA-3 dredged material ocean disposal site designation9. John F. Baldwin Ship Channel and Stockton Ship Channel, California.CommentsClose CommentsPermalink
Sec. 301720. Kaweah River, California.CommentsClose CommentsPermalink
Sec. 3021. Larkspur Ferry Channel, Larkspur, California.CommentsClose CommentsPermalink
Sec. 301822. Llagas Creek, California.CommentsClose CommentsPermalink
Sec. 301923. Magpie Creek, California.CommentsClose CommentsPermalink
Sec. 30204. Pacific Flyway Center, Sacramento, California.CommentsClose CommentsPermalink
Sec. 3025. Petaluma River, Petaluma, California.CommentsClose CommentsPermalink
Sec. 3021. Pine Flat Dam fish and wildlife habitat6. Pinole Creek, California.CommentsClose CommentsPermalink
Sec. 3022. Redwood City Navigation Project7. Prado Dam, California.CommentsClose CommentsPermalink
Sec. 30238. Redwood City Navigation Channel, California.CommentsClose CommentsPermalink
Sec. 3029. Sacramento and American Rivers flood control, California.CommentsClose CommentsPermalink
Sec. 3024. Sacramento River bank protection project, California.Sec. 3025. Conditional declaration of nonnavigability, Port of San Francisco30. Sacramento Deep Water Ship Channel, California.CommentsClose CommentsPermalink
Sec. 302631. Sacramento River bank protection, California.CommentsClose CommentsPermalink
Sec. 3032. Salton Sea restoration, California.CommentsClose CommentsPermalink
Sec. 302733. Santa Ana River Mainstem, California.CommentsClose CommentsPermalink
Sec. 3034. Santa Barbara Streams, Lower Mission Creek, California.CommentsClose CommentsPermalink
Sec. 302835. Santa Cruz Harbor, California.CommentsClose CommentsPermalink
Sec. 3036. Seven Oaks Dam, California.CommentsClose CommentsPermalink
Sec. 3037. Upper Guadalupe River, California.CommentsClose CommentsPermalink
Sec. 302938. Walnut Creek Channel, California.CommentsClose CommentsPermalink
Sec. 3039. Wildcat/San Pablo Creek Phase I, California.CommentsClose CommentsPermalink
Sec. 3040. Wildcat/San Pablo Creek Phase II, California.CommentsClose CommentsPermalink
Sec. 3041. Yuba River Basin project, California.CommentsClose CommentsPermalink
Sec. 3030. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut.Sec. 3031. Anchorage area, New London Harbor, Connecticut.Sec. 3032. Norwalk Harbor, Connecticut.Sec. 3033. St. George's Bridge, Delaware42. South Platte River basin, Colorado.CommentsClose CommentsPermalink
Sec. 3034. Additional program authority, comprehensive Everglades restoration, Florida43. Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland.CommentsClose CommentsPermalink
Sec. 3035. Brevard County, Florida44. St. George's Bridge, Delaware.CommentsClose CommentsPermalink
Sec. 3036. Critical restoration projects, Everglades and south Florida ecosystem restoration45. Brevard County, Florida.CommentsClose CommentsPermalink
Sec. 3037. Lake Okeechobee46. Broward County and Hillsboro Aquifer pilot projects, comprehensive Everglades restorationInlet, Florida.CommentsClose CommentsPermalink
Sec. 303847. Canaveral Harbor, Florida.CommentsClose CommentsPermalink
Sec. 3048. Gasparilla and Estero Islands, Florida.CommentsClose CommentsPermalink
Sec. 3049. Lido Key, Sarasota County Beach, Sarasota, Florida.CommentsClose CommentsPermalink
Sec. 3039. Port Sutton Channel, Tampa Harbor50. Peanut Island, Florida.CommentsClose CommentsPermalink
Sec. 3040. Tampa Harbor,51. Port Sutton, Florida.CommentsClose CommentsPermalink
Sec. 3052. Tampa Harbor-Big Bend Channel, Florida.CommentsClose CommentsPermalink
Sec. 3053. Tampa Harbor Cut B, Tampa, Florida.CommentsClose CommentsPermalink
Sec. 304154. Allatoona Lake, Georgia.CommentsClose CommentsPermalink
Sec. 304255. Latham River, Glynn County, Georgia.CommentsClose CommentsPermalink
Sec. 3056. Dworshak Reservoir improvements, Idaho.CommentsClose CommentsPermalink
Sec. 304357. Little Wood River, Gooding, Idaho.CommentsClose CommentsPermalink
Sec. 3044. Port of Lewiston, Idaho58. Beardstown Community Boat Harbor, Beardstown, Illinois.CommentsClose CommentsPermalink
Sec. 304559. Cache River Levee, Illinois.CommentsClose CommentsPermalink
Sec. 3046. Chicago, Illinois.Sec. 304760. Chicago River, Illinois.CommentsClose CommentsPermalink
Sec. 3048. Illinois River Basin restoration61. Chicago Sanitary and Ship Canal dispersal barriers project, Illinois.CommentsClose CommentsPermalink
Sec. 3062. Emiquon, Illinois.CommentsClose CommentsPermalink
Sec. 3049. Missouri and Illinois flood protection projects reconstruction pilot program63. Lasalle, Illinois.CommentsClose CommentsPermalink
Sec. 305064. Spunky Bottoms, Illinois.CommentsClose CommentsPermalink
Sec. 3051. Strawn Cemetery, John Redmond Lake, Kansas65. Cedar Lake, Indiana.CommentsClose CommentsPermalink
Sec. 3052. Milford Lake, Milford, Kansas66. Koontz Lake, Indiana.CommentsClose CommentsPermalink
Sec. 3053. Ohio River Basin comprehensive plan67. White River, Indiana.CommentsClose CommentsPermalink
Sec. 305468. Des Moines River and Greenbelt, Iowa.CommentsClose CommentsPermalink
Sec. 3069. Perry Creek, Iowa.CommentsClose CommentsPermalink
Sec. 3070. Rathbun Lake, Iowa.CommentsClose CommentsPermalink
Sec. 3071. Hickman Bluff stabilization, Kentucky.CommentsClose CommentsPermalink
Sec. 3055. McA72. Mcalpine Lock and Dam, Kentucky and Indiana.CommentsClose CommentsPermalink
Sec. 3056. Public access,73. Prestonsburg, Kentucky.CommentsClose CommentsPermalink
Sec. 3074. Amite River and tributaries, Louisiana, East Baton Rouge Parish Watershed.CommentsClose CommentsPermalink
Sec. 3075. Atchafalaya Basin Floodway System, Louisiana.CommentsClose CommentsPermalink
Sec. 3057. Regional visitor center,76. Atchafalaya Basin Floodway System, regional visitor center, Louisiana.CommentsClose CommentsPermalink
Sec. 305877. Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana.CommentsClose CommentsPermalink
Sec. 3078. Bayou Plaquemine, Louisiana.CommentsClose CommentsPermalink
Sec. 3079. Calcasieu River and Pass, Louisiana.CommentsClose CommentsPermalink
Sec. 3059. East Baton Rouge Parish80. Red River (J. Bennett Johnston) Waterway, Louisiana.CommentsClose CommentsPermalink
Sec. 3060. Mississippi River 81. Mississippi Delta Region, Louisiana.CommentsClose CommentsPermalink
Sec. 3082. Mississippi River-Gulf Outlet relocation assistance, Louisiana.CommentsClose CommentsPermalink
Sec. 3061. Red River (J. Bennett Johnston) Waterway83. Violet, Louisiana.CommentsClose CommentsPermalink
Sec. 306284. West bank of the Mississippi River (East of Harvey Canal), Louisiana.CommentsClose CommentsPermalink
Sec. 3085. Camp Ellis, Saco, Maine.CommentsClose CommentsPermalink
Sec. 3063. Rockland Harbor, Maine.Sec. 3064. Rockport Harbor, Maine86. Cumberland, Maryland.CommentsClose CommentsPermalink
Sec. 3065. Saco River, Maine87. Poplar Island, Maryland.CommentsClose CommentsPermalink
Sec. 3066. Union River, Maine88. Detroit River shoreline, Detroit, Michigan.CommentsClose CommentsPermalink
Sec. 3067. Baltimore Harbor and Channels, Maryland and Virginia89. St. Clair River and Lake St. Clair, Michigan.CommentsClose CommentsPermalink
Sec. 3068. Chesapeake Bay environmental restoration and protection program, Maryland, Pennsylvania, and Virginia90. St. Joseph Harbor, Michigan.CommentsClose CommentsPermalink
Sec. 3069. Flood protection project, Cumberland, Maryland91. Sault Sainte Marie, Michigan.CommentsClose CommentsPermalink
Sec. 3070. Aunt Lydia's Cove, Massachusetts92. Ada, Minnesota.CommentsClose CommentsPermalink
Sec. 3071. Fall River Harbor, Massachusetts and Rhode Island93. Duluth Harbor, McQuade Road, Minnesota.CommentsClose CommentsPermalink
Sec. 3072. North River, Peabody, Massachusetts94. Grand Marais, Minnesota.CommentsClose CommentsPermalink
Sec. 3073. Ecorse Creek, Michigan95. Grand Portage Harbor, Minnesota.CommentsClose CommentsPermalink
Sec. 3096. Granite Falls, Minnesota.CommentsClose CommentsPermalink
Sec. 3074. St. Clair River and Lake St. Clair, Michigan97. Knife River Harbor, Minnesota.CommentsClose CommentsPermalink
Sec. 3098. Red Lake River, Minnesota.CommentsClose CommentsPermalink
Sec. 3099. Silver Bay, Minnesota.CommentsClose CommentsPermalink
Sec. 3075. Duluth Harbor100. Taconite Harbor, Minnesota.CommentsClose CommentsPermalink
Sec. 3101. Two Harbors, Minnesota.CommentsClose CommentsPermalink
Sec. 3076. Project for environmental enhancement, Mississippi and Louisiana estuarine areas, Mississippi and Louisiana102. Deer Island, Harrison County, Mississippi.CommentsClose CommentsPermalink
Sec. 3077. Land exchange, Pike Coun103. Jackson County, Mississippi.CommentsClose CommentsPermalink
Sec. 3104. Pearl River Basin, Mississippi.CommentsClose CommentsPermalink
Sec. 3105. Festus and Crystal City, Missouri.CommentsClose CommentsPermalink
Sec. 3078106. L-15 levee, Missouri.CommentsClose CommentsPermalink
Sec. 3079. Union Lake107. Monarch-Chesterfield, Missouri.CommentsClose CommentsPermalink
Sec. 3080108. River Des Peres, Missouri.CommentsClose CommentsPermalink
Sec. 3109. Lower Yellowstone project, Montana.CommentsClose CommentsPermalink
Sec. 3081110. Yellowstone River and tributaries, Montana and North Dakota.CommentsClose CommentsPermalink
Sec. 3082111. Antelope Creek, Lincoln, Nebraska.CommentsClose CommentsPermalink
Sec. 3112. Sand Creek watershed, Wahoo, Nebraska.CommentsClose CommentsPermalink
Sec. 3113. Western Sarpy and Clear Creek, Nebraska.CommentsClose CommentsPermalink
Sec. 3083114. Lower Truckee River, McCarran Ranch, Nevada.CommentsClose CommentsPermalink
Sec. 3084115. Lower Cape May Meadows, Cape May Point, New Jersey.CommentsClose CommentsPermalink
Sec. 3116. Passaic River basin flood management, New Jersey.CommentsClose CommentsPermalink
Sec. 3117. Cooperative agreements, New Mexico.CommentsClose CommentsPermalink
Sec. 3085118. Middle Rio Grande restoration, New Mexico.CommentsClose CommentsPermalink
Sec. 3086119. Buffalo Harbor, New York.CommentsClose CommentsPermalink
Sec. 3120. Long Island Sound oyster restoration, New York and Connecticut.CommentsClose CommentsPermalink
Sec. 3087121. Mamaroneck and Sheldrake Rivers watershed management, New York.CommentsClose CommentsPermalink
Sec. 3088122. Orchard Beach, Bronx, New York.CommentsClose CommentsPermalink
Sec. 3089. New York Harbor, New York, New York123. Port of New York and New Jersey, New York and New Jersey.CommentsClose CommentsPermalink
Sec. 3090124. New York State Canal System.CommentsClose CommentsPermalink
Sec. 3091125. Susquehanna River and Upper Delaware River watershed management, New York.CommentsClose CommentsPermalink
Sec. 3092126. Missouri River restoration, North Dakota.CommentsClose CommentsPermalink
Sec. 3093. Ohio127. Wahpeton, North Dakota.CommentsClose CommentsPermalink
Sec. 3094128. Ohio.CommentsClose CommentsPermalink
Sec. 3129. Lower Girard Lake Dam, Girard, Ohio.CommentsClose CommentsPermalink
Sec. 3095. Toussaint River Navigation Project, Carroll Township130. Mahoning River, Ohio.CommentsClose CommentsPermalink
Sec. 3096131. Arcadia Lake, Oklahoma.CommentsClose CommentsPermalink
Sec. 3097. Lake Eufaula132. Arkansas River Corridor, Oklahoma.CommentsClose CommentsPermalink
Sec. 3098. Release of reversionary interest133. Lake Eufaula, Oklahoma.CommentsClose CommentsPermalink
Sec. 3099134. Oklahoma lakes demonstration program, Oklahoma.CommentsClose CommentsPermalink
Sec. 310035. Ottawa County, Oklahoma.CommentsClose CommentsPermalink
Sec. 310136. Red River chloride control, Oklahoma and Texas.CommentsClose CommentsPermalink
Sec. 310237. Waurika Lake, Oklahoma.CommentsClose CommentsPermalink
Sec. 3103. Lookout Point project, Lowell38. Upper Willamette River watershed ecosystem restoration, Oregon.CommentsClose CommentsPermalink
Sec. 3104. Upper Willamette River Watershed ecosystem restoration39. Delaware River, Pennsylvania, New Jersey, and Delaware.CommentsClose CommentsPermalink
Sec. 3140. Raystown Lake, Pennsylvania.CommentsClose CommentsPermalink
Sec. 3105. Upper Susquehanna River Basin, Pennsylvania and New York41. Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania.CommentsClose CommentsPermalink
Sec. 3106. Narragansett Bay, Rhode Island42. Solomon's Creek, Wilkes-Barre, Pennsylvania.CommentsClose CommentsPermalink
Sec. 3107. South Carolina Department of Commerce development proposal at Richard B. Russell Lake, South Carolina.Sec. 3108. Missouri River restoration, South Dakot43. South Central Pennsylvania.CommentsClose CommentsPermalink
Sec. 3109. Missouri and Middle Mississippi Rivers enhancement project44. Wyoming Valley, Pennsylvania.CommentsClose CommentsPermalink
Sec. 3110. Nonconnah Weir, Memphis, Tennessee45. Narragansett Bay, Rhode Island.CommentsClose CommentsPermalink
Sec. 3111. Old Hickory Lock and Dam, Cumberland River, Tennessee.Sec. 3112. Sandy Creek, Jackson County, Tennessee.Sec. 311346. Missouri River Restoration, South Dakota.CommentsClose CommentsPermalink
Sec. 3147. Cedar Bayou, Texas.CommentsClose CommentsPermalink
Sec. 3114. Denison48. Freeport Harbor, Texas.CommentsClose CommentsPermalink
Sec. 3115. Central City, Fort Worth49. Lake Kemp, Texas.CommentsClose CommentsPermalink
Sec. 3116. Freeport Harbor50. Lower Rio Grande Basin, Texas.CommentsClose CommentsPermalink
Sec. 3117. Harris Count51. North Padre Island, Corpus Christi Bay, Texas.CommentsClose CommentsPermalink
Sec. 311852. Pat Mayse Lake, Texas.CommentsClose CommentsPermalink
Sec. 3153. Proctor Lake, Texas.CommentsClose CommentsPermalink
Sec. 3154. San Antonio Channel, San Antonio, Texas.CommentsClose CommentsPermalink
Sec. 3155. Connecticut River restoration, Vermont.CommentsClose CommentsPermalink
Sec. 311956. Dam remediation, Vermont.CommentsClose CommentsPermalink
Sec. 312057. Lake Champlain Eurasian milfoil, water chestnut, and other nonnative plant control, Vermont.CommentsClose CommentsPermalink
Sec. 312158. Upper Connecticut River Basin wetland restoration, Vermont and New Hampshire.CommentsClose CommentsPermalink
Sec. 3122. Upper Connecticut River B59. Upper Connecticut River basin ecosystem restoration, Vermont and New Hampshire.CommentsClose CommentsPermalink
Sec. 312360. Lake Champlain watershed, Vermont and New York.CommentsClose CommentsPermalink
Sec. 3124. Chesapeake Bay oyster restoration, Virginia and Maryland.Sec. 3125. James River, Virginia.Sec. 3126. Tangier Island Seawall61. Sandbridge Beach, Virginia Beach, Virginia.CommentsClose CommentsPermalink
Sec. 3127. Erosion control, Puget Island, Wahkiakum County, Washington62. Tangier Island Seawall, Virginia.CommentsClose CommentsPermalink
Sec. 3128. Lower granite pool63. Duwamish/Green, Washington.CommentsClose CommentsPermalink
Sec. 312964. McNary Lock and Dam, McNary National Wildlife Refuge, Washington and Idaho.CommentsClose CommentsPermalink
Sec. 313065. Snake River project, Washington and Idaho.CommentsClose CommentsPermalink
Sec. 3131. Whatcom Creek Waterway, Bellingham66. Yakima River, Port of Sunnyside, Washington.CommentsClose CommentsPermalink
Sec. 3132. Lower Mud River, Milto67. Bluestone Lake, Ohio River Basin, West Virginia.CommentsClose CommentsPermalink
Sec. 3133. McDowell County, West 68. Greenbrier River basin, West Virginia.CommentsClose CommentsPermalink
Sec. 3134. Green Bay Harbor project, Green Bay, Wisconsin69. Lesage/Greenbottom Swamp, West Virginia.CommentsClose CommentsPermalink
Sec. 3135. Manitowoc Harbor70. Lower Mud River, Milton, West Virginia.CommentsClose CommentsPermalink
Sec. 3171. Mcdowell County, West Virginia.CommentsClose CommentsPermalink
Sec. 3172. Parkersburg, West Virginia.CommentsClose CommentsPermalink
Sec. 3173. Green Bay Harbor, Green Bay, Wisconsin.CommentsClose CommentsPermalink
Sec. 3136. Oconto74. Manitowoc Harbor, Wisconsin.CommentsClose CommentsPermalink
Sec. 313775. Mississippi River headwaters reservoirs.CommentsClose CommentsPermalink
Sec. 3138. Lower Mississippi River Museum and Riverfront Interpretive Site.Sec. 3139. Upper Mississippi River system environmental management program.Sec. 314076. Upper basin of Missouri River.CommentsClose CommentsPermalink
Sec. 3141. Great Lakes fishery and ecosystem restoration77. Upper Mississippi River System environmental management program.CommentsClose CommentsPermalink
Sec. 3142. Great Lakes remedial action plans and sediment remediation.Sec. 3143. Great Lakes tributary models.Sec. 3144. Upper Ohio River and t78. Upper Ohio River and Tributaries navigation system new technology pilot program.CommentsClose CommentsPermalink
Sec. 3145. Perry Creek, Iowa79. Continuation of project authorizations.CommentsClose CommentsPermalink
Sec. 3146. Rathbun Lake, Iowa80. Project reauthorizations.CommentsClose CommentsPermalink
Sec. 3147. Jackson County, Mississippi.Sec. 3148. Sandbridge Beach, Virginia Beach, Virginia81. Project deauthorizations.CommentsClose CommentsPermalink
Sec. 3182. Land conveyances.CommentsClose CommentsPermalink
Sec. 3183. Extinguishment of reversionary interests and use restrictions.CommentsClose CommentsPermalink
TITLE IV--STUDIES
Sec. 4001. Seward Breakwater, AlaskaJohn Glenn Great Lakes Basin Program.CommentsClose CommentsPermalink
Sec. 4002. Nome Harbor improvements, AlaskaLake Erie dredged material disposal sites.CommentsClose CommentsPermalink
Sec. 4003. McClellan-Kerr Arkansas River Navigation ChannelSouthwestern United States drought study.CommentsClose CommentsPermalink
Sec. 4004. Delaware River.CommentsClose CommentsPermalink
Sec. 4005. Eurasian milfoil.CommentsClose CommentsPermalink
Sec. 4006. Fire Island, Alaska.CommentsClose CommentsPermalink
Sec. 4007. Knik Arm, Cook Inlet, Alaska.CommentsClose CommentsPermalink
Sec. 4008. Kuskokwim River, Alaska.CommentsClose CommentsPermalink
Sec. 4009. Nome Harbor, Alaska.CommentsClose CommentsPermalink
Sec. 4010. St. George Harbor, Alaska.CommentsClose CommentsPermalink
Sec. 4011. Susitna River, Alaska.CommentsClose CommentsPermalink
Sec. 4012. Valdez, Alaska.CommentsClose CommentsPermalink
Sec. 4013. Gila Bend, Maricopa, Arizona.CommentsClose CommentsPermalink
Sec. 4014. Searcy County, Arkansas.CommentsClose CommentsPermalink
Sec. 4015. Aliso Creek, California.CommentsClose CommentsPermalink
Sec. 4016. Fresno, Kings, and Kern counties, California.CommentsClose CommentsPermalink
Sec. 4017. Fruitvale Avenue Railroad Bridge, Alameda, California.CommentsClose CommentsPermalink
Sec. 400518. Los Angeles River revitalization study, California.CommentsClose CommentsPermalink
Sec. 4019. Lytle Creek, Rialto, California.CommentsClose CommentsPermalink
Sec. 4006. Nicholas Canyon, Los Angeles20. Mokelumne River, San Joaquin County, California.CommentsClose CommentsPermalink
Sec. 4021. Orick, California.CommentsClose CommentsPermalink
Sec. 4007. Oceanside, California, shoreline special study22. Shoreline study, Oceanside, California.CommentsClose CommentsPermalink
Sec. 4008. Comprehensive flood protection project, St. Helena23. Rialto, Fontana, and Colton, California.CommentsClose CommentsPermalink
Sec. 400924. Sacramento River, California.CommentsClose CommentsPermalink
Sec. 4025. San Diego County, California.CommentsClose CommentsPermalink
Sec. 4026. San Francisco Bay, Sacramento-San Joaquin Delta, Sherman Island, California.CommentsClose CommentsPermalink
Sec. 401027. South San Francisco Bay shoreline studyShoreline, California.CommentsClose CommentsPermalink
Sec. 4011. San Pablo Bay Watershed restoration, California.Sec. 4012. Fountain Creek, North of Pueblo, Colorado28. Twentynine Palms, California.CommentsClose CommentsPermalink
Sec. 401329. Yucca Valley, California.CommentsClose CommentsPermalink
Sec. 4030. Selenium studyies, Colorado.CommentsClose CommentsPermalink
Sec. 401431. Delaware and Christina Rivers and Shellpot Creek, Wilmington, Delaware.CommentsClose CommentsPermalink
Sec. 4032. Delaware inland bays and tributaries and Atlantic Ccoast, Delaware.CommentsClose CommentsPermalink
Sec. 40133. Collier County Beaches, Florida.CommentsClose CommentsPermalink
Sec. 4034. Lower St. Johns River, Florida.CommentsClose CommentsPermalink
Sec. 4035. Herbert Hoover Dike supplemental major rehabilitation report, Florida.CommentsClose CommentsPermalink
Sec. 401636. Vanderbilt Beach Lagoon, Florida.CommentsClose CommentsPermalink
Sec. 4037. Meriwether County, Georgia.CommentsClose CommentsPermalink
Sec. 4038. Boise River, Idaho.CommentsClose CommentsPermalink
Sec. 4017. Promontory Point third-party review, Chicago shoreline,39. Ballard's Island Side Channel, Illinois.CommentsClose CommentsPermalink
Sec. 4040. Chicago, Illinois.CommentsClose CommentsPermalink
Sec. 401841. Salem, Indiana.CommentsClose CommentsPermalink
Sec. 4042. Buckhorn Lake, Kentucky.CommentsClose CommentsPermalink
Sec. 4043. Dewey Lake, Kentucky.CommentsClose CommentsPermalink
Sec. 4044. Louisville, Kentucky.CommentsClose CommentsPermalink
Sec. 4045. Vidalia Port, Louisiana.CommentsClose CommentsPermalink
Sec. 40146. Fall River Harbor, Massachusetts and Rhode Island.CommentsClose CommentsPermalink
Sec. 4047. Clinton River, Michigan.CommentsClose CommentsPermalink
Sec. 4048. Hamburg and Green Oak Townships, Michigan.CommentsClose CommentsPermalink
Sec. 4049. Lake Erie at Luna Pier, Michigan.CommentsClose CommentsPermalink
Sec. 4020. Wild Rice River, Minnesota50. Duluth-Superior Harbor, Minnesota and Wisconsin.CommentsClose CommentsPermalink
Sec. 4021. Asian carp dispersal barrier demonstration project, Upper Mississippi River51. Northeast Mississippi.CommentsClose CommentsPermalink
Sec. 402252. Dredged material disposal, New Jersey.CommentsClose CommentsPermalink
Sec. 4053. Bayonne, New Jersey.CommentsClose CommentsPermalink
Sec. 4054. Carteret, New Jersey.CommentsClose CommentsPermalink
Sec. 4055. Gloucester County, New Jersey.CommentsClose CommentsPermalink
Sec. 4056. Perth Amboy, New Jersey.CommentsClose CommentsPermalink
Sec. 4057. Batavia, New York.CommentsClose CommentsPermalink
Sec. 4058. Big Sister Creek, Evans, New York.CommentsClose CommentsPermalink
Sec. 4059. Finger Lakes, New York.CommentsClose CommentsPermalink
Sec. 4060. Lake Erie Shoreline, Buffalo, New York.CommentsClose CommentsPermalink
Sec. 4061. Newtown Creek, New York.CommentsClose CommentsPermalink
Sec. 4062. Niagara River, New York.CommentsClose CommentsPermalink
Sec. 4063. Shore Parkway Greenway, Brooklyn, New York.CommentsClose CommentsPermalink
Sec. 4064. Upper Delaware River watershed, New York.CommentsClose CommentsPermalink
Sec. 4065. Lincoln County, North Carolina.CommentsClose CommentsPermalink
Sec. 4066. Wilkes County, North Carolina.CommentsClose CommentsPermalink
Sec. 4067. Yadkinville, North Carolina.CommentsClose CommentsPermalink
Sec. 4068. Flood damage reduction, Ohio.CommentsClose CommentsPermalink
Sec. 4023. Middle Bass Island State Park, Middle Bass Island69. Lake Erie, Ohio.CommentsClose CommentsPermalink
Sec. 402470. Ohio River, Ohio.CommentsClose CommentsPermalink
Sec. 402571. Toledo Harbor dredged material placement, Toledo, Ohio.CommentsClose CommentsPermalink
Sec. 402672. Toledo Harbor, Maumee River, and Lake Channel Pproject, Toledo, Ohio.CommentsClose CommentsPermalink
Sec. 402773. Ecosystem restoration and fish passage improvements, Oregon.CommentsClose CommentsPermalink
Sec. 4074. Walla Walla River basin, Oregon.CommentsClose CommentsPermalink
Sec. 4075. Chartiers Creek watershed, Pennsylvania.CommentsClose CommentsPermalink
Sec. 4076. Kinzua Dam and Allegheny Reservoir, Pennsylvania.CommentsClose CommentsPermalink
Sec. 4077. Western Pennsylvania flood damage reduction.CommentsClose CommentsPermalink
Sec. 4078. Williamsport, Pennsylvania.CommentsClose CommentsPermalink
Sec. 4079. Yardley Borough, Pennsylvania.CommentsClose CommentsPermalink
Sec. 4080. Rio Valenciano, Juncos, Puerto Rico.CommentsClose CommentsPermalink
Sec. 4081. Woonsocket local protection project, Blackstone River Bbasin, Rhode Island.CommentsClose CommentsPermalink
Sec. 4028. Jasper County port facility stud82. Crooked Creek, Bennettsville, South Carolina.CommentsClose CommentsPermalink
Sec. 4083. Broad River, York County, South Carolina.CommentsClose CommentsPermalink
Sec. 4029. Johnson Creek, Arlington, Texas84. Savannah River, South Carolina and Georgia.CommentsClose CommentsPermalink
Sec. 403085. Chattanooga, Tennessee.CommentsClose CommentsPermalink
Sec. 4086. Cleveland, Tennessee.CommentsClose CommentsPermalink
Sec. 4087. Cumberland River, Nashville, Tennessee.CommentsClose CommentsPermalink
Sec. 4088. Lewis, Lawrence, and Wayne Counties, Tennessee.CommentsClose CommentsPermalink
Sec. 4089. Wolf River and Nonconnah Creek, Memphis, Tennessee.CommentsClose CommentsPermalink
Sec. 4090. Abilene, Texas.CommentsClose CommentsPermalink
Sec. 4091. Coastal Texas ecosystem protection and restoration, Texas.CommentsClose CommentsPermalink
Sec. 4092. Port of Galveston, Texas.CommentsClose CommentsPermalink
Sec. 4093. Grand County and Moab, Utah.CommentsClose CommentsPermalink
Sec. 4094. Southwestern Utah.CommentsClose CommentsPermalink
Sec. 4095. Ecosystem and hydropower generation dams, Vermont.CommentsClose CommentsPermalink
Sec. 4031. Eurasian milfoil.Sec. 4032. Lake Champlain Canal study, Vermont and New York.Sec. 4033. Baker Bay and Ilwaco Harbor96. Elliott Bay Seawall, Seattle, Washington.CommentsClose CommentsPermalink
Sec. 4034. Elliot Bay seawall rehabilitation study, Washington97. Monongahela River Basin, Northern West Virginia.CommentsClose CommentsPermalink
Sec. 4035. Johnsonville Dam, Johnsonville98. Kenosha Harbor, Wisconsin.CommentsClose CommentsPermalink
Sec. 4036. Debris removal99. Johnsonville Dam, Johnsonville, Wisconsin.CommentsClose CommentsPermalink
Sec. 4037. Mohawk River, Oneida County, New York100. Wauwatosa, Wisconsin.CommentsClose CommentsPermalink
Sec. 4038. Walla Walla River Basin, Oregon and Washington101. Debris removal.CommentsClose CommentsPermalink
TITLE V--MISCELLANEOUS
PROVISIONSSec. 5001. Lakes programMaintenance of navigation channels.CommentsClose CommentsPermalink
Sec. 5002. Estuary restorationWatershed management.CommentsClose CommentsPermalink
Sec. 5003. Dam safety.CommentsClose CommentsPermalink
Sec. 5003. Environmental infrastructure.Sec. 5004. AlaskaStructural integrity evaluations.CommentsClose CommentsPermalink
Sec. 5005. CaliforniaFlood mitigation priority areas.CommentsClose CommentsPermalink
Sec. 5006. Conveyance of Oakland Inner Harbor Tidal Canal propertyAdditional assistance for authorized projects.CommentsClose CommentsPermalink
Sec. 5007. Stockton, CaliforniaExpedited completion of reports and construction for certain projects.CommentsClose CommentsPermalink
Sec. 5008. Expedited completion of reports for certain projects.CommentsClose CommentsPermalink
Sec. 5009. Southeastern water resources assessment.CommentsClose CommentsPermalink
Sec. 5010. Missouri and Middle Mississippi Rivers enhancement project.CommentsClose CommentsPermalink
Sec. 5011. Great Lakes fishery and ecosystem restoration program.CommentsClose CommentsPermalink
Sec. 5012. Great Lakes remedial action plans and sediment remediation.CommentsClose CommentsPermalink
Sec. 5013. Great Lakes tributary models.CommentsClose CommentsPermalink
Sec. 5014. Great Lakes navigation and protection.CommentsClose CommentsPermalink
Sec. 5015. Saint Lawrence Seaway.CommentsClose CommentsPermalink
Sec. 5016. Upper Mississippi River dispersal barrier project.CommentsClose CommentsPermalink
Sec. 5017. Estuary restoration.CommentsClose CommentsPermalink
Sec. 5018. Missouri River and tributaries, mitigation, recovery, and restoration, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, and Wyoming.CommentsClose CommentsPermalink
Sec. 5019. Susquehanna, Delaware, and Potomac River basins, Delaware, Maryland, Pennsylvania, and Virginia.CommentsClose CommentsPermalink
Sec. 5020. Chesapeake Bay environmental restoration and protection program.CommentsClose CommentsPermalink
Sec. 5021. Chesapeake Bay oyster restoration, Virginia and Maryland.CommentsClose CommentsPermalink
Sec. 5022. Hypoxia assessment.CommentsClose CommentsPermalink
Sec. 5023. Potomac River watershed assessment and tributary strategy evaluation and monitoring program.CommentsClose CommentsPermalink
Sec. 5024. Lock and dam security.CommentsClose CommentsPermalink
Sec. 5025. Research and development program for Columbia and Snake River salmon survival.CommentsClose CommentsPermalink
Sec. 5026. Wage surveys.CommentsClose CommentsPermalink
Sec. 5027. Rehabilitation.CommentsClose CommentsPermalink
Sec. 5028. Auburn, Alabama.CommentsClose CommentsPermalink
Sec. 5029. Pinhook Creek, Huntsville, Alabama.CommentsClose CommentsPermalink
Sec. 5030. Alaska.CommentsClose CommentsPermalink
Sec. 5031. Barrow, Alaska.CommentsClose CommentsPermalink
Sec. 5032. Lowell Creek Tunnel, Seward, Alaska.CommentsClose CommentsPermalink
Sec. 5033. St. Herman and St. Paul Harbors, Kodiak, Alaska.CommentsClose CommentsPermalink
Sec. 5034. Tanana River, Alaska.CommentsClose CommentsPermalink
Sec. 5035. Wrangell Harbor, Alaska.CommentsClose CommentsPermalink
Sec. 5036. Augusta and Clarendon, Arkansas.CommentsClose CommentsPermalink
Sec. 5037. Des Arc levee protection, Arkansas.CommentsClose CommentsPermalink
Sec. 5038. Loomis Landing, Arkansas.CommentsClose CommentsPermalink
Sec. 5039. California.CommentsClose CommentsPermalink
Sec. 5040. Calaveras River and Littlejohn Creek and tributaries, Stockton, California.CommentsClose CommentsPermalink
Sec. 5041. Cambria, California.CommentsClose CommentsPermalink
Sec. 5042. Contra Costa Canal, Oakley and Knightsen, California; Mallard Slough, Pittsburg, California.CommentsClose CommentsPermalink
Sec. 5043. Dana Point Harbor, California.CommentsClose CommentsPermalink
Sec. 5044. East San Joaquin County, California.CommentsClose CommentsPermalink
Sec. 5045. Eastern Santa Clara basin, California.CommentsClose CommentsPermalink
Sec. 5046. LA-3 dredged material ocean disposal site designation, California.CommentsClose CommentsPermalink
Sec. 5047. Lancaster, California.CommentsClose CommentsPermalink
Sec. 5048. Los Osos, California.CommentsClose CommentsPermalink
Sec. 5049. Pine Flat Dam fish and wildlife habitat, California.CommentsClose CommentsPermalink
Sec. 5050. Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, California.CommentsClose CommentsPermalink
Sec. 5051. San Francisco, California.CommentsClose CommentsPermalink
Sec. 5052. San Francisco, California, waterfront area.CommentsClose CommentsPermalink
Sec. 5053. San Pablo Bay, California, watershed and Suisun Marsh ecosystem restoration.CommentsClose CommentsPermalink
Sec. 5054. St. Helena, California.CommentsClose CommentsPermalink
Sec. 5055. Upper Calaveras River, Stockton, California.CommentsClose CommentsPermalink
Sec. 5056. Rio Grande environmental management program, Colorado, New Mexico, and Texas.CommentsClose CommentsPermalink
Sec. 50057. Charles Hervey Townshend Breakwater, New Haven Harbor, Connecticut.CommentsClose CommentsPermalink
Sec. 5058. Stamford, Connecticut.CommentsClose CommentsPermalink
Sec. 5059. Delmarva conservation corridor, Delaware and Maryland.Sec. 5010. Susquehanna, Delaware, and Potomac River Basins, Delaware, Maryland, Pennsylvania, and Virginia.CommentsClose CommentsPermalink
Sec. 501160. Anacostia River, District of Columbia and Maryland.CommentsClose CommentsPermalink
Sec. 501261. East Central and Northeast Florida.CommentsClose CommentsPermalink
Sec. 5062. Florida Keys water quality improvements.CommentsClose CommentsPermalink
Sec. 5063. Lake Worth, Florida.CommentsClose CommentsPermalink
Sec. 5064. Big Creek, Georgia, watershed management and restoration program.CommentsClose CommentsPermalink
Sec. 501365. Metropolitan North Georgia Water Planning District.CommentsClose CommentsPermalink
Sec. 501466. Savannah, Georgia.CommentsClose CommentsPermalink
Sec. 5067. Idaho, Montana, rural Nevada, New Mexico, rural Utah, and Wyoming.CommentsClose CommentsPermalink
Sec. 5015.68. Riley Creek Recreation Area, Idaho.CommentsClose CommentsPermalink
Sec. 5069. Floodplain mapping, Little Calumet River, Chicago, Illinois.CommentsClose CommentsPermalink
Sec. 5070. Reconstruction of Illinois and Missouri flood protection projects.CommentsClose CommentsPermalink
Sec. 5071. Illinois River basin restoration.CommentsClose CommentsPermalink
Sec. 5072. Promontory Point third-party review, Chicago Sanitary and Ship Canal Dispersal Barriers project, Illinois.Sec. 5016. Missouri River and tributaries, mitigation, recovery and restoration, Iowa, Kansas, Missouri, Montana, Nebraska, North Dakota, South Dakota, and Wyomingshoreline, Chicago, Illinois.CommentsClose CommentsPermalink
Sec. 501773. Kaskaskia River basin, Illinois, restoration.CommentsClose CommentsPermalink
Sec. 5074. Southwest Illinois.CommentsClose CommentsPermalink
Sec. 5075. Calumet region, Indiana.CommentsClose CommentsPermalink
Sec. 5076. Floodplain mapping, Missouri River, Iowa.CommentsClose CommentsPermalink
Sec. 5077. Paducah, Kentucky.CommentsClose CommentsPermalink
Sec. 5078. Southern and eastern Kentucky.CommentsClose CommentsPermalink
Sec. 5079. Winchester, Kentucky.CommentsClose CommentsPermalink
Sec. 5080. Baton Rouge, Louisiana.CommentsClose CommentsPermalink
Sec. 5081. Calcasieu Ship Channel, Louisiana.CommentsClose CommentsPermalink
Sec. 5082. East Atchafalaya basin and Amite River basin region, Louisiana.CommentsClose CommentsPermalink
Sec. 5083. Inner Harbor Navigation Canal Lock project, Louisiana.CommentsClose CommentsPermalink
Sec. 5084. Lake Pontchartrain, Louisiana.CommentsClose CommentsPermalink
Sec. 5085. Southeast Louisiana region, Louisiana.CommentsClose CommentsPermalink
Sec. 5018. Mississippi86. West Baton Rouge Parish, Louisiana.CommentsClose CommentsPermalink
Sec. 5019. St. Mary Project, Blackfeet Reservation87. Charlestown, Maryland.CommentsClose CommentsPermalink
Sec. 5088. St. Mary's River, Maryland.CommentsClose CommentsPermalink
Sec. 5089. Massachusetts dredged material disposal sites.CommentsClose CommentsPermalink
Sec. 5090. Ontonagon Harbor, Michigan.CommentsClose CommentsPermalink
Sec. 5091. Crookston, Minnesota.CommentsClose CommentsPermalink
Sec. 5092. Garrison and Kathio Township, Minnesota.CommentsClose CommentsPermalink
Sec. 5093. Itasca County, Minnesota.CommentsClose CommentsPermalink
Sec. 5094. Minneapolis, Minnesota.CommentsClose CommentsPermalink
Sec. 5095. Northeastern Minnesota.CommentsClose CommentsPermalink
Sec. 5096. Wild Rice River, Minnesota.CommentsClose CommentsPermalink
Sec. 5097. Mississippi.CommentsClose CommentsPermalink
Sec. 5098. Harrison, Hancock, and Jackson Counties, Mississippi.CommentsClose CommentsPermalink
Sec. 5099. Mississippi River, Missouri and Illinois.CommentsClose CommentsPermalink
Sec. 5100. St. Louis, Missouri.CommentsClose CommentsPermalink
Sec. 5101. St. Louis Regional Greenways, St. Louis, Missouri.CommentsClose CommentsPermalink
Sec. 5102. Missoula, Montana.CommentsClose CommentsPermalink
Sec. 5020103. St. Mary project, Glacier County, Montana.CommentsClose CommentsPermalink
Sec. 5104. Lower Platte River watershed restoration, Nebraska.CommentsClose CommentsPermalink
Sec. 5021. North Carolina105. Hackensack Meadowlands area, New Jersey.CommentsClose CommentsPermalink
Sec. 5022. Ohio River B106. Atlantic Coast of New York.CommentsClose CommentsPermalink
Sec. 5107. College Point, New York City, New York.CommentsClose CommentsPermalink
Sec. 5108. Flushing Bay and Creek, New York City, New York.CommentsClose CommentsPermalink
Sec. 5109. Hudson River, New York.CommentsClose CommentsPermalink
Sec. 5110. Mount Morris Dam, New York.CommentsClose CommentsPermalink
Sec. 5111. North Hempstead and Glen Cove North Shore watershed restoration, New York.CommentsClose CommentsPermalink
Sec. 5112. Rochester, New York.CommentsClose CommentsPermalink
Sec. 5113. North Carolina.CommentsClose CommentsPermalink
Sec. 5114. Stanly County, North Carolina.CommentsClose CommentsPermalink
Sec. 5115. John H. Kerr Dam and Reservoir, North Carolina.CommentsClose CommentsPermalink
Sec. 5116. Cincinnati, Ohio.CommentsClose CommentsPermalink
Sec. 5117. Ohio River basin environmental management.CommentsClose CommentsPermalink
Sec. 5023118. Toussaint River navigation project, Carroll Township, Ohio.CommentsClose CommentsPermalink
Sec. 5119. Statewide comprehensive water planning, Oklahoma.CommentsClose CommentsPermalink
Sec. 5024120. Fern Ridge Dam, Oregon.CommentsClose CommentsPermalink
Sec. 5121. Allegheny County, Pennsylvania.CommentsClose CommentsPermalink
Sec. 5122. Clinton County, Pennsylvania.CommentsClose CommentsPermalink
Sec. 5123. Kehly Run Dams, Pennsylvania.CommentsClose CommentsPermalink
Sec. 5124. Lehigh River, Lehigh County, Pennsylvania.CommentsClose CommentsPermalink
Sec. 5125. Northeast Pennsylvania.CommentsClose CommentsPermalink
Sec. 5126. Upper Susquehanna River basin, Pennsylvania and New York.CommentsClose CommentsPermalink
Sec. 5127. Cano Martin Pena, San Juan, Puerto Rico.CommentsClose CommentsPermalink
Sec. 5128. Lakes Marion and Moultrie, South Carolina.CommentsClose CommentsPermalink
Sec. 5129. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and terrestrial wildlife habitat restoration, South Dakota.CommentsClose CommentsPermalink
Sec. 5025. Texas.Sec. 5026. Connecticut River dams, Vermont130. East Tennessee.CommentsClose CommentsPermalink
Sec. 5027. Cost sharing provisions for the territories131. Fritz Landing, Tennessee.CommentsClose CommentsPermalink
Sec. 5028. Inner Harbor Navigation Canal Lock project132. J. Percy Priest Dam and Reservoir, Tennessee.CommentsClose CommentsPermalink
Sec. 5029. Great Lakes navigation.TITLE VI--PROJECT DEAUTHORIZATIONSSec. 6001. Little Cove Creek, Glencoe, Alabama133. Nashville, Tennessee.CommentsClose CommentsPermalink
Sec. 6002. Goleta and Vicinity, California5134. Nonconnah Weir, Memphis, Tennessee.CommentsClose CommentsPermalink
Sec. 6003. Bridgeport Harbor, Connecticut5135. Tennessee River partnership.CommentsClose CommentsPermalink
Sec. 6004. Inland Waterway from Delaware River to Chesapeake Bay, Part II, installation of fender protection for bridges, Delaware and Maryland.Sec. 6005. Shingle Creek Basin, Florida5136. Town Creek, Lenoir City, Tennessee.CommentsClose CommentsPermalink
Sec. 6006. Illinois Waterway, South Fork of the South Branch of the Chicago River, Illinoi5137. Upper Mississippi embayment, Tennessee, Arkansas, and Mississippi.CommentsClose CommentsPermalink
Sec. 5138. Texas.CommentsClose CommentsPermalink
Sec. 6007. Brevoort, Indiana5139. Bosque River watershed, Texas.CommentsClose CommentsPermalink
Sec. 6008. Middle Wabash, Greenfield Bayou, Indiana5140. Dallas County region, Texas.CommentsClose CommentsPermalink
Sec. 6009. Lake George, Hobart, Indiana5141. Dallas Floodway, Dallas, Texas.CommentsClose CommentsPermalink
Sec. 6010. Green Bay Levee and Drainage District No. 2, Iowa5142. Harris County, Texas.CommentsClose CommentsPermalink
Sec. 6011. Muscatine Harbor, Iowa5143. Johnson Creek, Arlington, Texas.CommentsClose CommentsPermalink
Sec. 6012. Big South Fork National River and recreational area, Kentucky and Tennessee5144. Onion Creek, Texas.CommentsClose CommentsPermalink
Sec. 6013. Eagle Creek Lake, Kentucky5145. Connecticut River dams, Vermont.CommentsClose CommentsPermalink
Sec. 6014. Hazard, Kentucky5146. Lake Champlain Canal, Vermont and New York.CommentsClose CommentsPermalink
Sec. 6015. West Kentucky Tributaries, Kentucky5147. Dyke Marsh, Fairfax County, Virginia.CommentsClose CommentsPermalink
Sec. 6016. Bayou Cocodrie and Tributaries, Louisian5148. Eastern Shore and Southwest Virginia.CommentsClose CommentsPermalink
Sec. 6017. Bayou LaFourche and LaFourche Jump, Louisian5149. James River, Virginia.CommentsClose CommentsPermalink
Sec. 6018. Eastern Rapides and South-Central Avoyelles Parishes, Louisiana5150. Baker Bay and Ilwaco Harbor, Washington.CommentsClose CommentsPermalink
Sec. 6019. Fort Livingston, Grand Terre Island, Louisiana5151. Hamilton Island campground, Washington.CommentsClose CommentsPermalink
Sec. 6020. Gulf Intercoastal Waterway, Lake Borgne and Chef Menteur, Louisiana5152. Erosion control, Puget Island, Wahkiakum County, Washington.CommentsClose CommentsPermalink
Sec. 6021. Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas5153. Willapa Bay, Washington.CommentsClose CommentsPermalink
Sec. 6022. Casco Bay, Portland, Maine5154. West Virginia and Pennsylvania flood control.CommentsClose CommentsPermalink
Sec. 6023. Northeast Harbor, Maine5155. Central West Virginia.CommentsClose CommentsPermalink
Sec. 6024. Penobscot River, Bangor, Maine5156. Southern West Virginia.CommentsClose CommentsPermalink
Sec. 6025. Saint John River Basin, Maine5157. Construction of flood control projects by non-Federal interests.CommentsClose CommentsPermalink
Sec. 6026. Tenants Harbor, Maine5158. Additional assistance for critical projects.CommentsClose CommentsPermalink
TITLE VI--FLORIDA EVERGLADES
Sec. 6001. Hillsboro and Okeechobee Aquifer, Florida.CommentsClose CommentsPermalink
Sec. 6027. Falmouth Harbor, Massachuset02. Pilot projects.CommentsClose CommentsPermalink
Sec. 6028. Island End River, Massachuset03. Maximum costs.CommentsClose CommentsPermalink
Sec. 6029. Mystic River, Massachusetts04. Credit.CommentsClose CommentsPermalink
Sec. 6030. Grand Haven Harbor, Michigan05. Outreach and assistance.CommentsClose CommentsPermalink
Sec. 6031. Greenville Harbor, Mississippi06. Critical restoration projects.CommentsClose CommentsPermalink
Sec. 6032. Platte River flood and related streambank erosion control, Nebraska07. Regional engineering model for environmental restoration.CommentsClose CommentsPermalink
TITLE VII--LOUISIANA COASTAL AREA
Sec. 7001. Definitions.CommentsClose CommentsPermalink
Sec. 6033. Epping, New Hampshire7002. Comprehensive plan.CommentsClose CommentsPermalink
Sec. 6034. New York Harbor and adjacent channels, Claremont Terminal, Jersey City, New Jersey7003. Louisiana coastal area.CommentsClose CommentsPermalink
Sec. 7004. Coastal Louisiana Ecosystem Protection and Restoration Task Force.CommentsClose CommentsPermalink
Sec. 6035. Eisenhower and Snell Locks, New York7005. Project modifications.CommentsClose CommentsPermalink
Sec. 6036. Olcott Harbor, Lake Ontario, New York7006. Construction.CommentsClose CommentsPermalink
Sec. 6037. Outer Harbor, Buffalo, New York7007. Non-Federal cost share.CommentsClose CommentsPermalink
Sec. 6038. Sugar Creek Basin, North Carolina and South Carolina.Sec. 6039. Cleveland Harbor 1958 Act, Ohio7008. Project justification.CommentsClose CommentsPermalink
Sec. 6040. Cleveland Harbor 1960 Act, Ohio7009. Independent review.CommentsClose CommentsPermalink
Sec. 6041. Cleveland Harbor, uncompleted portion of Cut #4, Ohio7010. Expedited reports.CommentsClose CommentsPermalink
Sec. 6042. Columbia River, Seafarers Memorial, Hammond, Oregon7011. Reporting.CommentsClose CommentsPermalink
Sec. 6043. Tioga-Hammond Lakes, Pennsylvania7012. New Orleans and vicinity.CommentsClose CommentsPermalink
Sec. 6044. Tamaqua, Pennsylvania7013. Mississippi River-Gulf Outlet.CommentsClose CommentsPermalink
Sec. 6045. Narragansett Town Beach, Narragansett, Rhode Island7014. Hurricane and storm damage reduction.CommentsClose CommentsPermalink
Sec. 6046. Quonset Point-Davisville, Rhode Island7015. Larose to Golden Meadow.CommentsClose CommentsPermalink
Sec. 6047. Arroyo Colorado, Texa7016. Lower Jefferson Parish, Louisiana.CommentsClose CommentsPermalink
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM
Sec. 8001. Definitions.CommentsClose CommentsPermalink
Sec. 6048. Cypress Creek-Structural, Texas8002. Navigation improvements and restoration.CommentsClose CommentsPermalink
Sec. 6049. East Fork Channel Improvement, Increment 2, East Fork of the Trinity River, Texas8003. Authorization of construction of navigation improvements.CommentsClose CommentsPermalink
Sec. 8004. Ecosystem restoration authorization.CommentsClose CommentsPermalink
Sec. 6050. Falfurrias, Texas8005. Comparable progress.CommentsClose CommentsPermalink
TITLE IX--NATIONAL LEVEE SAFETY PROGRAM
Sec. 9001. Short title.CommentsClose CommentsPermalink
Sec. 6051. Pecan Bayou Lake, Texa9002. Definitions.CommentsClose CommentsPermalink
Sec. 6052. Lake of the Pines, Texas9003. Committee on Levee Safety.CommentsClose CommentsPermalink
Sec. 6053. Tennessee Colony Lake, Texa9004. Inventory and inspection of levees.CommentsClose CommentsPermalink
Sec. 6054. City Waterway, Tacoma, Washingt9005. Limitations on statutory construction.CommentsClose CommentsPermalink
Sec. 6055. Kanawha River, Charleston, West Virginia9006. Authorization of appropriations.CommentsClose CommentsPermalink
In this Act, the term `Secretary' means the Secretary of the Army.CommentsClose CommentsPermalink
TITLE I--WATER RESOURCES PROJECTS
SEC. 1001. PROJECT AUTHORIZATIONS.CommentsClose CommentsPermalink
Except as otherwise provided in this section, the following projects for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, described in the respective reports designated in this section:CommentsClose CommentsPermalink
(1) HAINES HARBOR, ALASKA- The project for navigation, Haines Harbor, ALASKA- The project for navigation, Haines, Alaska: Report of the Chief of Engineers dated December 20, 2004, at a total cost of $14,040,000, with an estimated Federal cost of $11,232,000 and an estimated non-Federal cost of $2,808,000.CommentsClose CommentsPermalink
(2) PORT LIONS, ALASKA- The project for navigation, Port Lions, Alaska: Report of the Chief of Engineers dated June 14, 2006, at a total cost of $9,530,000, with an estimated Federal cost of $7,624,000 and an estimated non-Federal cost of $1,906,000.CommentsClose CommentsPermalink
(3) SANTA CRUZ RIVER, PASEO DE LAS IGLESIAS, ARIZONA- The project for environmental restoration, Santa Cruz River, Pima County, Arizona: Report of the Chief of Engineers dated March 28, 2006, at a total cost of $97,700,000, with an estimated Federal cost of $63,300,000 and an estimated non-Federal cost of $34,400,000.CommentsClose CommentsPermalink
(4) TANQUE VERDE CREEK, PIMA COUNTY, ARIZONA- The project for ecosystem restoration, nvironmental restoration, Tanque Verde Creek, Pima County, Arizona: Report of the Chief of Engineers dated July 22, 2003, at a total cost of $5,906,000, with an estimated Federal cost of $3,836,000 and an estimated non-Federal cost of $2,070,000.CommentsClose CommentsPermalink
(35) SALT RIVER (RIO SALADO OESTE), MARICOPA COUNTY, ARIZONA- The project for environmental restoration, Salt River (Rio Salado Oeste), Maricopa County, Arizona: Report of the Chief of Engineers dated December 19, 2006, at a total cost of $166,650,000, with an estimated Federal cost of $106,629,000 and an estimated non-Federal cost of $60,021,000.CommentsClose CommentsPermalink
(6) SALT RIVER (VA SHLY'AY AKIMEL), MARICOPA COUNTY, ARIZONA-CommentsClose CommentsPermalink
(A) IN GENERAL- The project for ecosystemnvironmental restoration, Salt River (Va Shly'ay Akimel), Arizona: Report of the Chief of Engineers dated January 3, 2005, at a total cost of $162,100,000, with an estimated Federal cost of $105,200,000 and an estimated non-Federal cost of $56,900,000.CommentsClose CommentsPermalink
(B) COORDINATION WITH FEDERAL RECLAMATION PROJECTS- The Secretary, to the maximum extent practicable, shall coordinate the developmentsign and construction of the project described in subparagraph (A) with each Federal reclamation project located in the the Bureau of Reclamation and any operating agent for any Federal reclamation project in the Salt River Basin to address statutory requirements and the operations of those projects.(4)void impacts to existing Federal reclamation facilities and operations in the Salt River Basin.CommentsClose CommentsPermalink
(7) MAY BRANCH, FORT SMITH, ARKANSAS- The project for flood damage reduction, May Branch, Fort Smith, Arkansas: Report of the Chief of Engineers dated December 19, 2006, at a total cost of $30,850,000, with an estimated Federal cost of $15,010,000 and an estimated non-Federal cost of $15,840,000.CommentsClose CommentsPermalink
(58) HAMILTON CITY, CALIFORNIA- The project for flood damage reduction and ecosystem restoration,GLENN COUNTY, CALIFORNIA- The project for flood damage reduction and environmental restoration, Hamilton City, Glenn County, California: Report of the Chief of Engineers dated December 22, 2004, at a total cost of $52,400,000, with an estimated Federal cost of $34,100,000 and estimated non-Federal cost of $18,300,000.CommentsClose CommentsPermalink
(6)9) SILVER STRAND SHORELINE, IMPERIAL BEACH, CALIFORNIA- The project for storm damage reduction, Silver Strand Shoreline, Imperial Beach, California: Report of the Chief of Engineers dated December 30, 2003, at a total cost of $13,700,000, with an estimated Federal cost of $8,521,000 and an estimated non-Federal cost of $5,179,000, and at an estimated total cost of $42,500,000 for periodic beach nourishment over the 50-year life of the project, with an estimated Federal cost of $21,250,000 and an estimated non-Federal cost of $21,250,000.CommentsClose CommentsPermalink
(710) MATILIJA DAM, VENTURA COUNTY, CALIFORNIA- The project for ecosystemnvironmental restoration, Matilija Dam and Ventura River Watershed, Ventura County, California: Report of the Chief of Engineers dated December 20, 2004, at a total cost of $144,500,000, with an estimated Federal cost of $89,700,000 and an estimated non-Federal cost of $54,800,000.CommentsClose CommentsPermalink
(811) MIDDLE CREEK, LAKE COUNTY, CALIFORNIA- The project for flood damage reduction and ecosystem nvironmental restoration, Middle Creek, Lake County, California: Report of the Chief of Engineers dated November 29, 2004, at a total cost of $45,200,000, with an estimated Federal cost of $29,500,000 and an estimated non-Federal cost of $15,700,000.CommentsClose CommentsPermalink
(912) NAPA RIVER SALT MARSH RESTORATION, CALIFORNIA-CommentsClose CommentsPermalink
(A) IN GENERAL- The project for ecosystemnvironmental restoration, Napa River Salt Marsh Restoration, Napa, California: Report of the Chief of Engineers dated December 22, 2004, at a total cost of $134,500,000, with an estimated Federal cost of $87,500,000 and an estimated non-Federal cost of $47,000,000.CommentsClose CommentsPermalink
(B) ADMINISTRATION- In carrying out the project authorized by this paragraph, the Secretary shall--CommentsClose CommentsPermalink
(i) construct a recycled water pipeline extending from the Sonoma Valley County Sanitation District Waste Water Treatment Plant and the Napa Sanitation District Waste Water Treatment Plant to the project; andCommentsClose CommentsPermalink
(ii) restore or enhance Salt Ponds 1, 1A, 2, and 3.CommentsClose CommentsPermalink
(10)3) DENVER COUNTY REACH, SOUTH PLATTE RIVER, DENVER, COLORADO- The project for ecosystemnvironmental restoration, Denver County Reach, South Platte River, Denver, Colorado: Report of the Chief of Engineers dated May 16, 2003, at a total cost of $20,100,000, with an estimated Federal cost of $13,065,000 and an estimated non-Federal cost of $7,035,000.CommentsClose CommentsPermalink
(11) COMPREHENSIVE EVERGLADES RESTORATION PLAN,4) CENTRAL AND SOUTHERN FLORIDA, SITE 1- The project for ecosystem restoration, Comprehensive Everglades restoration plan, central and southern Florida, Site 1 impoundment project, Palm Beach County, Florida: Report of the Chief of Engineers dated December 19, 2006, at a total cost of $80,840,000, with an estimated Federal cost of $40,420,000 and an estimated non-Federal cost of $40,420,000.(12) INDIAN RIVER LAGOON, SOUTH FLORIDA-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary may carry out the project for ecosystem restoration, water supply, flood control, and protection of water quality, Central and Southern Florida, Indian River Lagoon, south Florida, at a total cost of $1,365,000,000, with an estimated first Federal cost of $682,500,000 and an estimated first non-Federal cost of $682,500,000, in accordance with section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680) and the recommendations of the report of the Chief of Engineers dated August 6, 2004.CommentsClose CommentsPermalink
(B) DEAUTHORIZATIONS- As of the date of enactment of this Act, the following projects are not authorizedThe following projects are not authorized after the date of enactment of this Act:CommentsClose CommentsPermalink
(i) The uncompleted portions of the project authorized by section 601(b)(2)(C)(i) of the Water Resources Development Act of 2000 (114 Stat. 2682),for the C-44 Basin Storage Reservoir of the Comprehensive Everglades Restoration Plan, at a total cost of uthorized by section 601(b)(2)(C)(i) of the Water Resources Development Act of 2000 (114 Stat. 2682), at a total cost of $147,800,000, with an estimated Federal cost of $73,900,000 and an estimated non-Federal cost of $73,900,000.CommentsClose CommentsPermalink
(ii) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (
(iii) The uncompleted portions of the project authorized by section 203 of the Flood Control Act of 1968 (
(135) COMPREHENSIVE EVERGLADES RESTORATION PLAN, CENTRAL AND SOUTHERN FLORIDA, PICAYUNE STRAND RESTORATION PROJECT, COLLIER COUNTY, FLORIDA- The project for ecosystem restoration, Comprehensive Everglades Restoration Plan, Central and Southern Florida, Picayune Strand Restoration Project, Collier County, Florida: Report of the Chief of Engineers dated September 15, 2005, at a total cost of $375,330,000 with an estimated Federal cost of $187,665,000 and an estimated non-Federal cost of $187,665,000.CommentsClose CommentsPermalink
(16) COMPREHENSIVE EVERGLADES RESTORATION PLAN, CENTRAL AND SOUTHERN FLORIDA, SITE 1 IMPOUNDMENT PROJECT, PALM BEACH COUNTY, FLORIDA- The project for ecosystem restoration, Comprehensive Everglades Restoration Plan, Central and Southern Florida, Site 1 Impoundment Project, Palm Beach County, Florida: Report of the Chief of Engineers dated December 19, 2006, at a total cost of $80,840,000, with an estimated Federal cost of $40,420,000 and an estimated non-Federal cost of $40,420,000.CommentsClose CommentsPermalink
(17) MIAMI HARBOR, MIAMI, FLORIDA-DADE COUNTY, FLORIDA-CommentsClose CommentsPermalink
(A) IN GENERAL- The project for navigation, Miami Harbor, Miami-Dade County, Florida: Report of the Chief of Engineers dated April 25, 2005, at a total cost of $125,270,000, with an estimated Federal cost of $75,140,000 and an estimated non-Federal cost of $50,130,000.CommentsClose CommentsPermalink
(14) PICAYUNE STRAND, FLORIDA- The project for ecosystem restoration, Picayune Strand, Florida: Report of the Chief of Engineers dated September 15, 2005, at a total cost of $375,330,000 with an estimated Federal cost of $187,665,000 and an estimatedB) GENERAL REEVALUATION REPORT- The non-Federal share of the cost of the general reevaluation report that resulted in the report of the Chief of Engineers referred to in subparagraph (A) shall be the same percentage as the non-Federal share of cost of construction of the project.CommentsClose CommentsPermalink
(C) AGREEMENT- The Secretary shall enter into a new partnership with the non-Federal cost of $187,665,000.(15interest to reflect the cost sharing required by subparagraph (B).CommentsClose CommentsPermalink
(18) EAST ST. LOUIS AND VICINITY, ILLINOIS- The project for ecosystemnvironmental restoration and recreation, East St. Louis and Vicinity, Illinois: Report of the Chief of Engineers dated December 22, 2004, at a total cost of $208,260,000, with an estimated Federal cost of $134,910,000 and an estimated non-Federal cost of $73,350,000.CommentsClose CommentsPermalink
(169) PEORIA RIVERFRONT DEVELOPMENT, ILLINOIS- The project for ecosystem restoration, nvironmental restoration, Peoria Riverfront Development, Illinois: Report of the Chief of Engineers dated July 28, 2003, at a total cost of $18,220,000, with an estimated Federal cost of $11,840,000 and an estimated non-Federal cost of $6,380,000.CommentsClose CommentsPermalink
(1720) WOOD RIVER LEVEE SYSTEM RECONSTRUCTION, MADISON COUNTY, ILLINOIS- The project for flood damage reduction, Wood River Levee System Reconstruction, Madison County, Illinois: Report of the Chief of Engineers dated July 18, 2006, at a total cost of $17,220,000, with an estimated Federal cost of $11,193,000 and an estimated non-Federal cost of $6,027,000.CommentsClose CommentsPermalink
(1821) DES MOINES AND RACCOON RIVERS, DES MOINES, IOWA- The project for flood damage reduction, Des Moines and Raccoon Rivers, Des Moines, Iowa: Report of the Chief of Engineers dated March 28, 2006, at a total cost of $10,780,000, with an estimated Federal cost of $6,967,000 and an estimated non-Federal cost of $3,813,000.CommentsClose CommentsPermalink
(1922) LICKING RIVER BASIN, CYNTHIANA, KENTUCKY- The project for flood damage reduction, Licking River Basin, Cynthiana, Kentucky: Report of the Chief of Engineers dated October 24, 2006, at a total cost of $18,200,000, with an estimated Federal cost of $11,830,000 and an estimated non-Federal cost of $6,370,000.CommentsClose CommentsPermalink
(23) BAYOU SORREL LOCK, LOUISIANA- The project for navigation, Bayou Sorrel Lock, Louisiana: Report of the Chief of Engineers dated January 3, 2005, at a total cost of $9,6800,000. The costs of construction of the project are to be paid 1/2 from amounts appropriated from the general fund of the Treasury and 1/2 from amounts appropriated from the Inland Waterways Trust Fund.CommentsClose CommentsPermalink
(204) MORGANZA TO THE GULF OF MEXICO, LOUISIANA-CommentsClose CommentsPermalink
(A) IN GENERAL- The project for hurricane and storm damage reduction, Morganza to the Gulf of Mexico, Louisiana: Reports of the Chief of Engineers dated August 23, 2002, and July 22, 2003, at a total cost of $886,700,000, with an estimated Federal cost of $576,355,000 and an estimated non-Federal cost of $310,345,000.CommentsClose CommentsPermalink
(B) OPERATION AND MAINTENANCE- The operation, maintenance, repair, rehabilitation, and replacement of the Houma Navigation Canal lock complex and the Gulf Intracoastal Waterway floodgate features that provide forof the project described in subparagraph (A) that provide for inland waterway transportation shall be a Federal responsibility, in accordance with section 102 of the Water Resources Development Act of 1986 (
(25) PORT OF IBERIA, LOUISIANA- The project for navigation, Port of Iberia, Louisiana: Report of the Chief of Engineers dated December 31, 2006, at a total cost of $131,250,000, with an estimated Federal cost of $105,315,000 and an estimated non-Federal cost of $25,935,000,; except that the Secretary, in consultation with Vermillion and Iberia Parishes, Louisiana, is directed toand consistent with the mitigation plan in the report, shall use available dredged material and rock placement on the south bank of the Gulf Intracoastal Waterway and the west bank of the Freshwater Bayou Channel to provide incidental storm surge protection.(22) POPLAR ISLAND EXPANSION, MARYLAND- The project for the beneficial use of dredged material at Poplar Island, Maryland, authorized by section 537 of the Water Resources Development Act of 1996 (110 Stat. 3776), and modified by section 318 of the Water Resources Development Act of 2000 (114 Stat. 2678), is further modified to authorize the Secretary to construct the expansion of the project in accordance with the Report of the Chief of Engineers dated March 31, 2006, at an additional total cost of $260,000,000, with an estimated Federal cost of $195,000,000 and an estimated non-Federal cost of $65,000,000.(23) that does not adversely affect the mitigation plan.CommentsClose CommentsPermalink
(26) SMITH ISLAND, SOMERSET COUNTY, MARYLAND- The project for ecosystem restoration, Smith Islandnvironmental restoration, Smith Island, Somerset County, Maryland: Report of the Chief of Engineers dated October 29, 2001, at a total cost of $15,580,000, with an estimated Federal cost of $10,127,000 and an estimated non-Federal cost of $5,453,000.CommentsClose CommentsPermalink
(247) ROSEAU RIVER, ROSEAU, MINNESOTA- The project for flood damage reduction, Roseau River, Roseau, Minnesota: Report of the Chief of Engineers dated December 19, 2006, at a total cost of $25,100,000, with an estimated Federal cost of $13,820,000 and an estimated non-Federal cost of $11,280,000.CommentsClose CommentsPermalink
(25) MISSISSIPPI COASTAL IMPROVEMENT PROJECT, HANCOCK, HARRISON, AND JACKSON COUNTIES, MISSISSIPPI- The project for hurricane and storm damage reduction and ecosystem restoration, Mississippi coastal improvement project, Hancock, Harrison, and Jackson Counties, Mississippi: Report of the Chief of Engineers dated December 31, 2006, at a total cost of $107,690,000, with an estimated Federal cost of $70,000,000 and an estimated non-Federal cost of $37,690,000.(268) ARGENTINE, EAST BOTTOMS, FAIRFAX-JERSEY CREEK, AND NORTH KANSAS LEVEES UNITS, MISSOURI RIVER AND TRIBUTARIES AT KANSAS CITIES, MISSOURI AND KANSAS- The project for flood damage reduction, Argentine, East Bottoms, Fairfax-Jersey Creek, and North Kansas Levees units, Missouri River and tributaries at Kansas Cities, Missouri and Kansas: Report of the Chief of Engineers dated December 19, 2006, at a total cost of $65,430,000, with an estimated Federal cost of $42,530,000 and an estimated non-Federal cost of $22,900,000.CommentsClose CommentsPermalink
(279) SWOPE PARK INDUSTRIAL AREA, MISSOURI- The project for flood damage reduction, BLUE RIVER, KANSAS CITY, MISSOURI- The project for flood damage reduction, Swope Park Industrial Area, Blue River, Kansas City, Missouri: Report of the Chief of Engineers dated December 30, 2003, at a total cost of $16,980,000, with an estimated Federal cost of $11,037,000 and an estimated non-Federal cost of $5,943,000.CommentsClose CommentsPermalink
(2830) GREAT EGG HARBOR INLET TO TOWNSENDS INLET, NEW JERSEY- The project for hurricane and storm damage reduction, Great Egg Harbor Inlet to Townsends Inlet, New Jersey: Report of the Chief of Engineers dated October 24, 2006, at a total cost of $54,360,000, with an estimated Federal cost of $35,069,000 and an estimated non-Federal cost of $19,291,000, and at an estimated total cost of $202,500,000 for periodic nourishment over the 50-year life of the project, with an estimated Federal cost of $101,250,000 and an estimated non-Federal cost of $101,250,000.CommentsClose CommentsPermalink
(29) HUDSON-31) HUDSON RARITAN ESTUARY, LIBERTY STATE PARK, NEW JERSEY-CommentsClose CommentsPermalink
The project for environmental restoration, (A) IN GENERAL- The project for environmental restoration, Hudson Raritan Estuary, Liberty State Park, New Jersey: Report of the Chief of Engineers dated August 25, 2006, at a total cost of $34,100,000, with an estimated Federal cost of $22,200,000 and an estimated non-Federal cost of $11,900,000.CommentsClose CommentsPermalink
(30) MANASQUANB) RESTORATION TEAMS- In carrying out the project, the Secretary shall establish and utilize watershed restoration teams composed of estuary restoration experts from the Corps of Engineers, the New Jersey department of environmental protection, and the Port Authority of New York and New Jersey and other experts designated by the Secretary for the purpose of developing habitat restoration and water quality enhancement.CommentsClose CommentsPermalink
(32) NEW JERSEY SHORE PROTECTION STUDY, MANASQUAN INLET TO BARNEGAT INLETS, NEW JERSEY- The project for hurricane and storm damage reduction, Manasquan, NEW JERSEY- The project for hurricane and storm damage reduction, New Jersey Shore Protection Study, Manasquan Inlet to Barnegat Inlets, New Jersey: Report of the Chief of Engineers dated December 30, 2003, at a total cost of $71,900,000, with an estimated Federal cost of $46,735,000 and an estimated non-Federal cost of $25,165,000, and at an estimated total cost of $119,680,000 for periodic beach nourishment over the 50-year life of the project, with an estimated Federal cost of $59,840,000 and an estimated non-Federal cost of $59,840,000.CommentsClose CommentsPermalink
(313) RARITAN BAY AND SANDY HOOK BAY, UNION BEACH, NEW JERSEY- The project for hurricane and storm damage reduction, Raritan Bay and Sandy Hook Bay, Union Beach, New Jersey: Report of the Chief of Engineers dated January 4, 2006, at a total cost of $115,000,000, with an estimated Federal cost of $74,800,000 and an estimated non-Federal cost of $40,200,000, and at an estimated total cost of $6,500,000 for periodic nourishment over the 50-year life of the project, with an estimated Federal cost of $3,250,000 and an estimated non-Federal cost of $3,250,000.CommentsClose CommentsPermalink
(32) SOUTH RIVER, NEW JERSEY- The project for hurricane and storm damage reduction and ecosystem restoration, South River, New 4) SOUTH RIVER, RARITAN RIVER BASIN, NEW JERSEY- The project for hurricane and storm damage reduction and environmental restoration, South River, Raritan River Basin, New Jersey: Report of the Chief of Engineers dated July 22, 2003, at a total cost of $122,300,000, with an estimated Federal cost of $79,500,000 and an estimated non-Federal cost of $42,800,000.CommentsClose CommentsPermalink
(335) SOUTHWEST VALLEY, ALBUQUERQUEBERNALILLO COUNTY, NEW MEXICO- The project for flood damage reduction, Southwest Valley, AlbuquerqueBernalillo County, New Mexico: Report of the Chief of Engineers dated November 29, 2004, at a total cost of $24,840,000, with an estimated Federal cost of $16,150,000 and an estimated non-Federal cost of $8,690,000.CommentsClose CommentsPermalink
(346) MONTAUK POINT, NEW YORK- The project for hurricane and storm damage reduction, Montauk Point, New York: Report of the Chief of Engineers dated March 31, 2006, at a total cost of $14,600,000, with an estimated Federal cost of $7,300,000 and an estimated non-Federal cost of $7,300,000.CommentsClose CommentsPermalink
(357) HOCKING RIVER BASIN, MONDAY CREEK, OHIO-CommentsClose CommentsPermalink
(A) IN GENERAL- The project for ecosystem restoration, Hocking River Basin, Monday Creek, Ohio: Report of the Chief of Engineers dated August 24, 2006, at a total cost of $20,980,000, with an estimated Federal cost of $13,440,000 and an estimated non-Federal cost of $7,540,000.CommentsClose CommentsPermalink
(B) WAYNE NATIONAL FOREST-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary, in cooperation with the Secretary of Agriculture, may construct other project features on property that is located in the Wayne National Forest, Ohio, owned by the United States and managed by the Forest Service as described in the report of the Corps of Engineers entitled `Hocking River Basin, Ohio, Monday Creek Sub-Basin Ecosystem Restoration Project Feasibility Report and Environmental Assessment'.CommentsClose CommentsPermalink
(ii) COST- Each project feature carried out on Federal land shall be designed, constructed, operated, and maintained at full FederalFederal expense.CommentsClose CommentsPermalink
(iii) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subparagraphthe Secretary of Agriculture to carry out this subparagraph $1,270,000.CommentsClose CommentsPermalink
(36)8) TOWN OF BLOOMSBURG, PENNSYLVANIA- The project for flood damage reduction,COLUMBIA COUNTY, PENNSYLVANIA- The project for flood damage reduction, town of Bloomsburg, Columbia County, Pennsylvania: Report of the Chief of Engineers dated January 25, 2006, at a total cost of $44,500,000, with an estimated Federal cost of $28,925,000 and an estimated non-Federal cost of $15,575,000(37.CommentsClose CommentsPermalink
(39) PAWLEYS ISLAND, SOUTH CAROLINA- The project for hurricane and storm damage reduction, Pawleys Island, South Carolina: Report of the Chief of Engineers dated December 19, 2006, at a total cost of $8,980,000, with an estimated Federal cost of $5,840,000 and an estimated non-Federal cost of $3,140,000, and at an estimated total cost of $21,200,000 for periodic nourishment over the 50-year life of the project, with an estimated Federal cost of $10,600,000 and an estimated non-Federal cost of $10,600,000.CommentsClose CommentsPermalink
(3840) CORPUS CHRISTI SHIP CHANNEL, CORPUS CHRISTI, TEXAS-CommentsClose CommentsPermalink
(A) IN GENERAL- The project for navigation and ecosystem restoration, Corpus Christi Ship Channel, Texas, Channel Improvement Project: Report of the Chief of Engineers dated June 2, 2003, at a total cost of $188,110,000, with an estimated Federal cost of $87,810,000 and an estimated non-Federal cost of $100,300,000.CommentsClose CommentsPermalink
(B) NAVIGATIONAL SERVITUDE- In carrying out the project under subparagraph (A), the Secretary shall enforce the navigational servitude in the Corpus Christi Ship Channel, including, at the sole expense of the owner of the facility, the removal or relocation of any facility obstructing the project.(39 (including the removal or relocation of any facility obstructing the project) consistent with the cost sharing requirements of section 101 of the Water Resources Development Act of 1986 (
(41) GULF INTRACOASTAL WATERWAY, BRAZOS RIVER TO PORT O'CONNOR, MATAGORDA BAY RE-ROUTE, TEXAS- The project for navigation, Gulf Intracoastal Waterway, Brazos River to Port O'Connor, Matagorda Bay Re-Route, Texas: Report of the Chief of Engineers dated December 24, 2002, at a total cost of $17,280,000. The costs of construction of the project are to be paid 1/2 from amounts appropriated from the general fund of the Treasury and 1/2 from amounts appropriated from the Inland Waterways Trust Fund.CommentsClose CommentsPermalink
(402) GULF INTRACOASTAL WATERWAY, HIGH ISLAND TO BRAZOS RIVER, TEXAS- The project for navigation, Gulf Intracoastal Waterway, Sabine River to Corpus ChristiHigh Island to Brazos River, Texas: Report of the Chief of Engineers dated April 16, 2004, at a total cost of $14,450,000. The costs of construction of the project are to be paid 1/2 from amounts appropriated from the general fund of the Treasury and 1/2 from amounts appropriated from the Inland Waterways Trust Fund.CommentsClose CommentsPermalink
(413) LOWER COLORADO RIVER BASIN PHASE I, TEXAS- The project for flood damage reduction and ecosystem restoration, Lower Colorado River Basin Phase I, Texas: Report of the Chief of Engineers dated December 31, 2006, at a total cost of $110,730,000, with an estimated Federal cost of $69,640,000 and an estimated non-Federal cost of $41,090,000.CommentsClose CommentsPermalink
(42) CRANEY ISLAND EASTWARD EXPANSION, VIRGINIA- The project for navigation, Craney Island Eastward Expansion, Virginia: Report of the Chief of Engineers dated October 24, 2006, at a total cost of $712,103,000, with an estimated Federal cost of $31,229,000 and an estimated non-Federal cost of $680,874,000.(43) DEEP CREEK, CHESAPEAKE, VIRGINIA- The project for the4) ATLANTIC INTRACOASTAL WATERWAY BRIDGE REPLACEMENT, DEEP CREEK, CHESAPEAKE, VIRGINIA- The project for Atlantic Intracoastal Waterway Bridge Replacement, Deep Creek, Chesapeake, Virginia: Report of the Chief of Engineers dated March 3, 2003, at a total cost of $37,200,000.CommentsClose CommentsPermalink
(44) CHEHALIS RIVER, CENTRALIA, WASHINGTON- The project for flood damage reduction, Centralia, Washington, authorized by section 401(a) of the Water Resources Development Act of 1986 (
(A) IN GENERAL- The project for navigation, Craney Island Eastward Expansion, Norfolk Harbor and Channels, Hampton Roads, Virginia: Report of Chief of Engineers dated September 27, 2004.SEC. 1002. ENHANCED NAVIGATION CAPACITY IMPROVEMENTS AND ECOSYSTEM RESTORATION PLAN FOR UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM.(a) Definitions- In this section:(1) PLAN- The term `Plan' means the project for navigation and ecosystem improvements for the Upper Mississippi River and Illinois Waterway System: Report of the Chief of Engineers dated December 15, 2004.(2) UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM- The term `Upper Mississippi River and Illinois Waterway System' means the projects for navigation and ecosystem restoration authorized by Congress for--(A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; and(B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0.(b) Authorization of Construction of Navigation Improvements-(1) SMALL SCALE AND NONSTRUCTURAL MEASURES-(A) IN GENERAL- The Secretary shall, in general conformance with the Plan--(i) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock;(ii) provide switchboats at Locks 20 through 25; and(iii) conduct development and testing of an appointment scheduling system.(B) AUTHORIZATION OF APPROPRIATIONS- The total cost of the projects authorized under this paragraph shall be $256,000,000. The costs of construction of the projects shall be paid 1/2 from amounts appropriated from the general fund of the Treasury and 1/2 from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended.(2) NEW LOCKS-(A) IN GENERAL- The Secretary shall, in general conformance with the Plan, construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway.(B) MITIGATION- The Secretary shall conduct mitigation for the new locks and small scale and nonstructural measures authorized under paragraphs (1) and (2).(C) CONCURRENCE- The mitigation required under subparagraph (B) for the projects authorized under paragraphs (1) and (2), including any acquisition of lands or interests in lands, shall be undertaken or acquired concurrently with lands and interests for the projects authorized under paragraphs (1) and (2), and physical construction required for the purposes of mitigation shall be undertaken concurrently with the physical construction of such projects.(D) AUTHORIZATION OF APPROPRIATIONS- The total cost of the projects authorized under this paragraph shall be $1,948,000,000. The costs of construction on the projects shall be paid 1/2 from amounts appropriated from the general fund of the Treasury and 1/2 from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended.(c) Ecosystem Restoration Authorization-(1) OPERATION- To ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary shall modify, consistent with requirements to avoid adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River.(2) ECOSYSTEM RESTORATION PROJECTS-(A) IN GENERAL- The Secretary shall carry out, consistent with requirements to avoid adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan.(B) PROJECTS INCLUDED- Ecosystem restoration projects may include, but are not limited to--(i) island building;(ii) construction of fish passages;(iii) floodplain restoration;(iv) water level management (including water drawdown);(v) backwater restoration;(vi) side channel restoration;(vii) wing dam and dike restoration and modification;(viii) island and shoreline protection;(ix) topographical diversity;(x) dam point control;(xi) use of dredged material for environmental purposes;(xii) tributary confluence restoration;(xiii) spillway, dam, and levee modification to benefit the environment;(xiv) land easement authority; and(xv) land acquisition.(C) COST SHARING-(i) IN GENERAL- Except as provided in clauses (ii) and (iii), the Federal share of the cost of carrying out an ecosystem restoration project under this paragraph shall be 65 percent.(ii) EXCEPTION FOR CERTAIN RESTORATION PROJECTS- In the case of a project under this subparagraph for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project--(I) is located below the ordinary high water mark or in a connected backwater;(II) modifies the operation or structures for navigation; or(III) is located on federally owned land.(iii) SAVINGS CLAUSE- Nothing in this paragraph affects the applicability of section 906(e) of the Water Resources Development Act of 1986 (
(B) REPORTS- Before beginning construction of the projects, the Secretary shall submit a report documenting any modifications to the 5 near-term critical projects, including cost changes, to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.(4) APPLICABILITY OF OTHER PROVISIONS- Section 902NON-FEDERAL SHARE- Notwithstanding sections 101 and 103 of the Water Resources Development Act of 1986 (
(46) CENTRALIA, CHEHALIS RIVER, LEWIS COUNTY, WASHINGTON-CommentsClose CommentsPermalink
(A) IN GENERAL- The project for flood damage reduction, Centralia, Chehalis River, Lewis County, Washington: Report of the Chief of Engineers dated September 27, 2004, at a total cost of $123,770,000, with an estimated Federal cost of $74,740,000 and an estimated non-Federal cost of $49,030,000.CommentsClose CommentsPermalink
(B) CREDIT- The Secretary shall--CommentsClose CommentsPermalink
(i) credit, in accordance with section 221 of the Flood Control Act of 1970 (
(ii) credit toward the non-Federal share of the cost of the project the cost of design and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.CommentsClose CommentsPermalink
SEC. 1002. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.CommentsClose CommentsPermalink
The Secretary shall conduct a study for each of the following projects (a) In General- The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 205 of the Flood Control Act of 1948 (
(1) HALEYVILLE, ALABAMA- Project for flood damage reduction, Haleyville, Alabama.CommentsClose CommentsPermalink
(2) WEISS LAKE, ALABAMA- Project for flood damage reduction, Weiss Lake, Alabama.CommentsClose CommentsPermalink
(3) FORT YUKON, ALASKA- Project for flood damage reduction, Fort Yukon, Alaska.CommentsClose CommentsPermalink
(4) LITTLE COLORADO RIVER LEVEE, ARIZONA- Project for flood damage reduction, Little Colorado River Levee, Arizona.CommentsClose CommentsPermalink
(5) CACHE RIVER BASIN, GRUBBS, ARKANSAS- Project for flood damage reduction, Cache River Basin, Grubbs, Arkansas.CommentsClose CommentsPermalink
(26) BARREL SPRINGS WASH, PALMDALE, CALIFORNIA- Project for flood damage reduction, Barrel Springs Wash, Palmdale, California.CommentsClose CommentsPermalink
(7) BORREGO SPRINGS, CALIFORNIA- Project for flood damage reduction, Borrego Springs, California.CommentsClose CommentsPermalink
(8) COLTON, CALIFORNIA- Project for flood damage reduction, Colton, California.CommentsClose CommentsPermalink
(9) DUNLAP STREAM, YUCAIPA, CALIFORNIA- Project for flood damage reduction, Dunlap Stream, Yucaipa, California.CommentsClose CommentsPermalink
(10) HUNTS CANYON WASH, PALMDALE, CALIFORNIA- Project for flood damage reduction, Hunts Canyon Wash, Palmdale, California.CommentsClose CommentsPermalink
(11) ONTARIO AND CHINO, CALIFORNIA- Project for flood damage reduction, Ontario and Chino, California.CommentsClose CommentsPermalink
(12) SANTA VENETIA, CALIFORNIA- Project for flood damage reduction, Santa Venetia, California.CommentsClose CommentsPermalink
(13) WHITTIER, CALIFORNIA- Project for flood damage reduction, Whittier, California.CommentsClose CommentsPermalink
(14) WILDWOOD CREEK, YUCAIPA, CALIFORNIA- Project for flood damage reduction, Wildwood Creek, Yucaipa, California.CommentsClose CommentsPermalink
(15) BIBB COUNTY AND THE CITY OF MACON LEVEE, GEORGIA- Project for flood damage reduction, Bibb County and the City of Macon Levee, Georgia.CommentsClose CommentsPermalink
(316) FORT WAYNE AND VICINITY, INDIANA- Project for flood controldamage reduction, St. Mary's Riverand Maumee Rivers, Fort Wayne and Vvicinity, Indiana.CommentsClose CommentsPermalink
(417) ST. FRANCISVILLE, LOUSIANA- Project for flood damage reduction, St. Francisville, Louisiana.CommentsClose CommentsPermalink
(18) SALEM, MASSACHUSETTS- Project for flood damage reduction, Salem, Massachusetts.CommentsClose CommentsPermalink
(5) CROW RIVER, ROCKFORD, MINNESOTA19) CASS RIVER, MICHIGAN- Project for flood damage reduction, Cass River, Vassar and vicinity, Michigan.CommentsClose CommentsPermalink
(20) CROW RIVER, ROCKFORD, MINNESOTA- Project for flood damage reduction, Crow River, Rockford, Minnesota.CommentsClose CommentsPermalink
(621) MARSH CREEK, MINNESOTA- Project for flood damage reduction, Marsh Creek, Minnesota.CommentsClose CommentsPermalink
(22) SOUTH BRANCH OF THE WILD RICE RIVER, BORUP, MINNESOTA- Project for flood damage reduction, South Branch of the Wild Rice River, Borup, Minnesota.CommentsClose CommentsPermalink
(723) BLACKSNAKE CREEK, ST. JOSEPH, MISSOURI- Project for flood damage reduction, Blacksnake Creek, St. Joseph, Missouri.CommentsClose CommentsPermalink
(24) ACID BROOK, POMPTON LAKES, NEW JERSEY- Project for flood damage reduction, Acid Brook, Pompton Lakes, New Jersey.CommentsClose CommentsPermalink
(25) CANISTEO RIVER, ADDISON, NEW YORK- Project for flood damage reduction, Canisteo River, Addison, New York.CommentsClose CommentsPermalink
(26) COHOCTON RIVER, CAMPBELL, NEW YORK- Project for flood damage reduction, Cohocton River, Campbell, New York.CommentsClose CommentsPermalink
(27) DRY AND OTTER CREEKS, CORTLAND, NEW YORK- Project for flood damage reduction, Dry and Otter Creeks, Cortland, New York.CommentsClose CommentsPermalink
(28) EAST RIVER, SILVER BEACH, NEW YORK CITY, NEW YORK- Project for flood damage reduction, East River, Silver Beach, New York City, New York.CommentsClose CommentsPermalink
(29) EAST VALLEY CREEK, ANDOVER, NEW YORK- Project for flood damage reduction, East Valley Creek, Andover, New York.CommentsClose CommentsPermalink
(30) SUNNYSIDE BROOK, WESTCHESTER COUNTY, NEW YORK- Project for flood damage reduction, Sunnyside Brook, Westchester County, New York.CommentsClose CommentsPermalink
(31) LITTLE YANKEE AND MUD RUN, TRUMBULL COUNTY, OHIO- Project for flood damage reduction, Little Yankee and Mud Run, Trumbull County, Ohio.CommentsClose CommentsPermalink
(32) LITTLE NESHAMINY CREEK, WARRINGTON, PENNSYLVANIA- Project for flood damage reduction, Little Neshaminy Creek, Warrington, Pennsylvania.CommentsClose CommentsPermalink
(33) SOUTHAMPTON CREEK WATERSHED, SOUTHAMPTON, PENNSYLVANIA- Project for flood damage reduction, Southampton Creek watershed, Southampton, Pennsylvania.CommentsClose CommentsPermalink
(34) SPRING CREEK, LOWER MACUNGIE TOWNSHIP, PENNSYLVANIA- Project for flood damage reduction, Spring Creek, Lower Macungie Township, Pennsylvania.CommentsClose CommentsPermalink
(35) YARDLEY AQUEDUCT, SILVER AND BROCK CREEKS, YARDLEY, PENNSYLVANIA- Project for flood damage reduction, Yardley Aqueduct, Silver and Brock Creeks, Yardley, Pennsylvania.CommentsClose CommentsPermalink
(36) SURFSIDE BEACH, SOUTH CAROLINA- Project for flood damage reduction, Surfside Beach and vicinity, South Carolina.CommentsClose CommentsPermalink
(37) SANDY CREEK, JACKSON COUNTY, TENNESSEE- A project for flood damage reduction, Sandy Creek, Jackson County, Tennessee.CommentsClose CommentsPermalink
(38) CONGELOSI DITCH, MISSOURI CITY, TEXAS- Project for flood damage reduction, Congelosi Ditch, Missouri City, Texas.CommentsClose CommentsPermalink
(39) DILLEY, TEXAS- Project for flood damage reduction, Dilley, Texas.CommentsClose CommentsPermalink
(40) CHEYENNE, WYOMING- Project for flood control, Capitol Basidamage reduction, Cheyenne, Wyoming.CommentsClose CommentsPermalink
SEC. 1005 (b) Special Rules- CommentsClose CommentsPermalink
(1) CACHE RIVER BASIN, GRUBBS, ARKANSAS- The Secretary may proceed with the project for the Cache River Basin, Grubbs, Arkansas, referred to in subsection (a)(5), notwithstanding that the project is located within the boundaries of the flood control project, Cache River Basin, Arkansas and Missouri, authorized by section 204 of the Flood Control Act of 1950, (64 Stat. 172) and modified by section 99 of the Water Resources Development Act of 1974 (88 Stat. 41).CommentsClose CommentsPermalink
(2) ONTARIO AND CHINO, CALIFORNIA- The Secretary shall carry out the project for flood damage reduction, Ontario and Chino, California, referred to in subsection (a)(11) if the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
(3) SANTA VENETIA, CALIFORNIA- The Secretary shall carry out the project for flood damage reduction, Santa Venetia, California, referred to in subsection (a)(12) if the Secretary determines that the project is feasible and shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project.CommentsClose CommentsPermalink
(4) WHITTIER, CALIFORNIA- The Secretary shall carry out the project for flood damage reduction, Whittier, California, referred to in subsection (a)(13) if the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
(5) WILDWOOD CREEK, YUCAIPA, CALIFORNIA- The Secretary shall review the locally prepared plan for the project for flood damage, Wildwood Creek, California, referred to in subsection (a)(14) and, if the Secretary determines that the plan meets the evaluation and design standards of the Corps of Engineers and that the plan is feasible, the Secretary may use the plan to carry out the project and shall provide credit toward the non-Federal share of the cost of the project for the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.CommentsClose CommentsPermalink
(6) FORT WAYNE AND VICINITY, INDIANA- In carrying out the project for flood damage reduction, St. Mary's and Maumee Rivers, Fort Wayne and vicinity, Indiana, referred to in subsection (a)(16) the Secretary shall--CommentsClose CommentsPermalink
(A) provide a 100-year level of flood protection at the Berry Thieme, Park-Thompson, Woodhurst, and Tillman sites along the St. Mary's River; andCommentsClose CommentsPermalink
(B) allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project.CommentsClose CommentsPermalink
(7) SOUTH BRANCH OF THE WILD RICE RIVER, BORUP, MINNESOTA- In carrying out the project for flood damage reduction, South Branch of the Wild Rice River, Borup, Minnesota, referred to in subsection (a)(22) the Secretary may consider national ecosystem restoration benefits in determining the Federal interest in the project and shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation indicates that applying such section is necessary to implement the project.CommentsClose CommentsPermalink
(8) ACID BROOK, POMPTON LAKES, NEW JERSEY- The Secretary shall carry out the project for flood damage reduction, Acid Brook, Pompton Lakes, New Jersey, referred to in subsection (a)(24) if the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
(9) SANDY CREEK, TENNESSEE- Consistent with the report of the Chief of Engineers dated March 24, 1948, on the West Tennessee Tributaries project, in carrying out the project for flood damage reduction, Sandy Creek, Tennessee, referred to in section (a)(37)--CommentsClose CommentsPermalink
(A) Sandy Creek shall not be considered to be an authorized channel of the West Tennessee Tributaries project; andCommentsClose CommentsPermalink
(B) the project shall not be considered to be part of the West Tennessee Tributaries project.CommentsClose CommentsPermalink
(10) DILLEY, TEXAS- The Secretary shall carry out the project for flood damage reduction, Dilley, Texas, referred to in subsection (a)(39) if the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
SEC. 1003. SMALL PROJECTS FOR NAVIGAEMERGENCY STREAMBANK PROTECTION.CommentsClose CommentsPermalink
The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 14 of the Flood Control Act of 1946 (
(1) ALISO CREEK, CALIFORNIA- Projects for emergency streambank protection, Aliso Creek, California.CommentsClose CommentsPermalink
(2) ST. JOHNS BLUFF TRAINING WALL, DUVAL COUNTY, FLORIDA- Project for emergency streambank protection, St. Johns Bluff Training Wall, Duval County, Florida.CommentsClose CommentsPermalink
(3) GULF INTRACOASTAL WATERWAY, IBERVILLE PARISH, LOUISIANA- Projects for emergency streambank protection, Gulf Intracoastal Waterway, Iberville Parish, Louisiana.CommentsClose CommentsPermalink
(4) OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA- Projects for emergency streambank protection, Ouachita and Black Rivers, Arkansas and Louisiana.CommentsClose CommentsPermalink
(5) PINEY POINT LIGHTHOUSE, ST. MARY'S COUNTY, MARYLAND- Project for emergency streambank protection, Piney Point Lighthouse, St. Mary's County, Maryland.CommentsClose CommentsPermalink
(6) PUG HOLE LAKE, MINNESOTA- Project for emergency streambank protection, Pug Hole Lake, Minnesota.CommentsClose CommentsPermalink
(7) MIDDLE FORK GRAND RIVER, GENTRY COUNTY, MISSOURI- Project for emergency streambank protection, Middle Fork Grand River, Gentry County, Missouri.CommentsClose CommentsPermalink
(8) PLATTE RIVER, PLATTE CITY, MISSOURI- Project for emergency streambank protection, Platte River, Platte City, Missouri.CommentsClose CommentsPermalink
(9) RUSH CREEK, PARKVILLE, MISSOURI- Project for emergency streambank protection, Rush Creek, Parkville, Missouri, including measures to address degradation of the creek bed.CommentsClose CommentsPermalink
(10) DRY AND OTTER CREEKS, CORTLAND COUNTY, NEW YORK- Project for emergency streambank protection, Dry and Otter Creeks, Cortland County, New York.CommentsClose CommentsPermalink
(11) KEUKA LAKE, HAMMONDSPORT, NEW YORK- Project for emergency streambank protection, Keuka Lake, Hammondsport, New York.CommentsClose CommentsPermalink
(12) KOWAWESE UNIQUE AREA AND HUDSON RIVER, NEW WINDSOR, NEW YORK- Project for emergency streambank protection, Kowawese Unique Area and Hudson River, New Windsor, New York.CommentsClose CommentsPermalink
(13) OWEGO CREEK, TIOGA COUNTY, NEW YORK- Project for emergency streambank protection, Owego Creek, Tioga County, New York.CommentsClose CommentsPermalink
(14) HOWARD ROAD OUTFALL, SHELBY COUNTY, TENNESSEE- Project for emergency streambank protection, Howard Road outfall, Shelby County, Tennessee.CommentsClose CommentsPermalink
(15) MITCH FARM DITCH AND LATERAL D, SHELBY COUNTY, TENNESSEE- Project for emergency streambank protection, Mitch Farm Ditch and Lateral D, Shelby County, Tennessee.CommentsClose CommentsPermalink
(16) WOLF RIVER TRIBUTARIES, SHELBY COUNTY, TENNESSEE- Project for emergency streambank protection, Wolf River tributaries, Shelby County, Tennessee.CommentsClose CommentsPermalink
(17) JOHNSON CREEK, ARLINGTON, TEXAS- Project for emergency streambank protection, Johnson Creek, Arlington, Texas.CommentsClose CommentsPermalink
(18) WELLS RIVER, NEWBURY, VERMONT- Project for emergency streambank protection, Wells River, Newbury, Vermont.CommentsClose CommentsPermalink
SEC. 1004. SMALL PROJECTS FOR NAVIGATION.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 107 of the River and Harbor Act of 1960 (
(1) BARROW HARBOR, ALASKA- Project for navigation, Barrow Harbor, Alaska.CommentsClose CommentsPermalink
(2) NOME HARBOR, ALASKA- Project for navigation, Nome HarborCOFFMAN COVE, ALASKA- Project for navigation, Coffman Cove, Alaska.CommentsClose CommentsPermalink
(3) OLD HARBOR, ALASKA- Project for navigation, OldKOTZEBUE HARBOR, ALASKA- Project for navigation, Kotzebue Harbor, Alaska.CommentsClose CommentsPermalink
(4) NOME HARBOR, ALASKA- Project for navigation, Nome Harbor, Alaska.CommentsClose CommentsPermalink
(5) OLD HARBOR, ALASKA- Project for navigation, Old Harbor, Alaska.CommentsClose CommentsPermalink
(6) LITTLE ROCK PORT, ARKANSAS- Project for navigation, Little Rock Port, Arkansas River, Arkansas.CommentsClose CommentsPermalink
(5)7) MISSISSIPPI RIVER SHIP CHANNEL, LOUISIANA- Project for navigation, Mississippi River Ship Channel, Louisiana.CommentsClose CommentsPermalink
(8) EAST BASIN, CAPE COD CANAL, SANDWICH, MASSACHUSETTS- Project for navigation, East Basin, Cape Cod Canal, Sandwich, Massachusetts.CommentsClose CommentsPermalink
(69) LYNN HARBOR, LYNN, MASSACHUSETTS- Project for navigation, Lynn Harbor, Lynn, Massachusetts.CommentsClose CommentsPermalink
(710) MERRIMACK RIVER, HAVERHILL, MASSACHUSETTS- Project for navigation, Merrimack River, Haverhill, Massachusetts.CommentsClose CommentsPermalink
(811) OAK BLUFFS HARBOR, OAK BLUFFS, MASSACHUSETTS- Project for navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts.CommentsClose CommentsPermalink
(912) WOODS HOLE GREAT HARBOR, FALMOUTH, MASSACHUSETTS- Project for navigation, Woods Hole Great Harbor, Falmouth, Massachusetts.CommentsClose CommentsPermalink
(103) AU SABLE RIVER, MICHIGAN- Project for navigation, Au Sable River in the vicinity of Oscoda, Michigan.CommentsClose CommentsPermalink
(114) CLINTON RIVER, MICHIGAN- Project for navigation, Clinton River, Michigan.CommentsClose CommentsPermalink
(125) ONTONAGON RIVER, MICHIGAN- Project for navigation, Ontonagon River, Ontonagon, Michigan.CommentsClose CommentsPermalink
(13) TRAVERSE CITY, MICHIGAN- Project for navigation, Traverse City, Michigan.(14) SEBEWAING RIVER, MICHIGAN- Project for navigation, Sebewaing River, Michigan.(15) TOWER HARBOR, MINNESOTA- Project for navigation, Tower Harbor, Tower, Minnesota.(16) OUTER CHANNEL AND INNER HARBOR, MENOMINEE HARBOR, MICHIGAN AND WISCONSIN- Project for navigation, Outer Channel and Inner Harbor, Menominee Harbor, Michigan and Wisconsin.CommentsClose CommentsPermalink
(17) MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, OHIO- Project for navigation, Middle Bass Island State Park, Middle Bass Island, Ohio.(18SEBEWAING RIVER, MICHIGAN- Project for navigation, Sebewaing River, Michigan.CommentsClose CommentsPermalink
(18) TRAVERSE CITY HARBOR, TRAVERSE CITY, MICHIGAN- Project for navigation, Traverse City Harbor, Traverse City, Michigan.CommentsClose CommentsPermalink
(19) TOWER HARBOR, TOWER, MINNESOTA- Project for navigation, Tower Harbor, Tower, Minnesota.CommentsClose CommentsPermalink
(20) OLCOTT HARBOR, OLCOTT, NEW YORK- Project for navigation, Olcott Harbor, Olcott, New York.CommentsClose CommentsPermalink
(21) MILWAUKEE HARBOR, WISCONSIN- Project for navigation, Milwaukee Harbor, Milwaukee, Wisconsin.CommentsClose CommentsPermalink
(b) Special Rules- CommentsClose CommentsPermalink
(1) TRAVERSE CITY HARBOR, TRAVERSE CITY, MICHIGAN- The Secretary shall review the locally prepared plan for the project for navigation, Traverse City Harbor, Michigan, referred to in subsection (a)(18), and, if the Secretary determines that the plan meets the evaluation and design standards of the Corps of Engineers and that the plan is feasible, the Secretary may use the plan to carry out the project and shall provide credit toward the non-Federal share of the cost of the project for the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.CommentsClose CommentsPermalink
(2) TOWER HARBOR, TOWER MINNESOTA- The Secretary shall carry out the project for navigation, Tower Harbor, Tower, Minnesota, referred to in subsection (a)(19) if the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
SEC. 1005. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE ENVIRONMENT.CommentsClose CommentsPermalink
The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is appropriate, may carry out the project under section 1135 of the Water Resources Development Act of 1986 (
(1) BALLONA CREEK, LOS ANGELES COUNTY, CALIFORNIA- Project for improvement of the quality of the environment, Ballona Creek, Los Angeles County, California.CommentsClose CommentsPermalink
(2) BALLONA LAGOON TIDE GATES, MARINA DEL REY, CALIFORNIA- Project for improvement of the quality of the environment, Ballona Lagoon Tide Gates, Marina Del Rey, California.CommentsClose CommentsPermalink
(3) FT. GEORGE INLET, DUVAL COUNTY, FLORIDA- Project for improvement of the quality of the environment, Ft. George Inlet, Duval County, Florida.CommentsClose CommentsPermalink
(4) RATHBUN LAKE, IOWA- Project for improvement of the quality of the environment, Rathbun Lake, Iowa.CommentsClose CommentsPermalink
(5) SMITHVILLE LAKE, MISSOURI- Project for improvement of the quality of the environment, Smithville Lake, Missouri.CommentsClose CommentsPermalink
(6) DELAWARE BAY, NEW JERSEY AND DELAWARE- Project for improvement of the quality of the environment, Delaware Bay, New Jersey and Delaware, for the purpose of oyster restoration.CommentsClose CommentsPermalink
(7) TIOGA-HAMMOND LAKES, PENNSYLVANIA- Project for improvement of the quality of the environment, Tioga-Hammond Lakes, Pennsylvania.CommentsClose CommentsPermalink
SEC. 1006. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.CommentsClose CommentsPermalink
The Secretary shall conduct a study for each of the following projects (a) In General- The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is appropriate, may carry out the project under section 206 of the Water Resources Development Act of 1996 (
(1) BLACK LAKE, ALASKCYPRESS CREEK, MONTGOMERY, ALABAMA- Project for aquatic ecosystem restoration, Cypress Creek, Montgomery, Alabama.CommentsClose CommentsPermalink
(2) BLACK LAKE, ALASKA- Project for aquatic ecosystem restoration, Black Lake, Alaska, at the head of the Chignik Watershed.(2watershed.CommentsClose CommentsPermalink
(3) BEN LOMOND DAM, SANTA CRUZ, CALIFORNIA- Project for aquatic ecosystem restoration, Ben Lomond Dam, Santa Cruz, California.CommentsClose CommentsPermalink
(4) DOCKWEILER BLUFFS, LOS ANGELES COUNTY, CALIFORNIA- Project for aquatic ecosystem restoration, Dockweiler Bluffs, Los Angeles County, California.CommentsClose CommentsPermalink
(5) SALT RIVER, CALIFORNIA- Project for aquatic ecosystem restoration, Salt River, California.CommentsClose CommentsPermalink
(6) SAN DIEGO RIVER, CALIFORNIA- Project for aquatic ecosystem restoration, San Diego River, California, including efforts to address invasive aquatic plantaquatic nuisance species.CommentsClose CommentsPermalink
(3) SUISO7) SANTA ROSA CREEK, SANTA ROSA, CALIFORNIA- Project for aquatic ecosystem restoration, Santa Rosa Creek in the vicinity of the Prince Memorial Greenway, Santa Rosa, California.CommentsClose CommentsPermalink
(8) STOCKTON DEEP WATER SHIP CHANNEL AND LOWER SAN JOAQUIN RIVER, CALIFORNIA- Project for aquatic ecosystem restoration, Stockton Deep Water Ship Channel and lower San Joaquin River, California.CommentsClose CommentsPermalink
(9) SUISUN MARSH, SAN PABLO BAY, CALIFORNIA- Project for aquatic ecosystem restoration, San Pablo Bay, California.(uisun Marsh, San Pablo Bay, California.CommentsClose CommentsPermalink
(10) SWEETWATER RESERVOIR, SAN DIEGO COUNTY, CALIFORNIA- Project for aquatic ecosystem restoration, Sweetwater Reservoir, San Diego County, California, including efforts to address aquatic nuisance species.CommentsClose CommentsPermalink
(11) BISCAYNE BAY, FLORIDA- Project for aquatic ecosystem restoration, Biscayne Bay, Key Biscayne, Florida.CommentsClose CommentsPermalink
(12) CLAM BAYOU AND DINKINS BAYOU, SANIBEL ISLAND, FLORIDA- Project for aquatic ecosystem restoration, Clam Bayou and Dinkins Bayou, Sanibel Island, Florida.CommentsClose CommentsPermalink
(13) MOUNTAIN PARK, GEORGIA- Project for aquatic ecosystem restoration, Mountain Park, Georgia.CommentsClose CommentsPermalink
(14) CHATTAHOOCHEE FALL- LINE, GEORGIA AND ALABAMA- Project for aquatic ecosystem restoration, Chattahoochee Fall-Line, Georgia.(5 Line, Georgia and Alabama.CommentsClose CommentsPermalink
(15) LONGWOOD COVE, GAINESVILLE, GEORGIA- Project for aquatic ecosystem restoration, Longwood Cove, Gainesville, Georgia.CommentsClose CommentsPermalink
(16) CITY PARK, UNIVERSITY LAKES, LOUISIANA- Project for aquatic ecosystem restoration, City Park, University Lakes, Louisiana.CommentsClose CommentsPermalink
(17) LAWRENCE GATEWAY, MASSACHUSETTS- Project for aquatic ecosystem restoration at the Lawrence Gateway quadrant project along the Merrimack and Spicket Rivers in Lawrence, Massachusetts, in accordance with the general conditions established by the project approval of the Environmental Protection Agency, Region I, including filling abandoned drainage facilities and making improvements to the drainage system on the Lawrence Gateway to prevent continued migration of contaminated sediments into the river systems.CommentsClose CommentsPermalink
(6) MILL18) MILFORD POND, LITTLETONMILFORD, MASSACHUSETTS- Project for aquatic ecosystem restoration, Millford Pond, LittletonMilford, Massachusetts.CommentsClose CommentsPermalink
(7) MILFORD19) MILL POND, MILFORDLITTLETON, MASSACHUSETTS- Project for aquatic ecosystem restoration, Milfordl Pond, MilfordLittleton, Massachusetts.CommentsClose CommentsPermalink
(820) PINE TREE BROOK, MILTON, MASSACHUSETTS- Project for aquatic ecosystem restoration, Pine Tree Brook, Milton, Massachusetts.CommentsClose CommentsPermalink
(921) CLINTON RIVER, MICHIGAN- Project for aquatic ecosystem restoration, Clinton River, Michigan.CommentsClose CommentsPermalink
(10) CALDWELL COUNTY, NORTH CAROLINA22) KALAMAZOO RIVER WATERSHED, BATTLE CREEK, MICHIGAN- Project for aquatic ecosystem restoration, Kalamazoo River watershed, Battle Creek, Michigan.CommentsClose CommentsPermalink
(23) RUSH LAKE, MINNESOTA- Project for aquatic ecosystem restoration, Rush Lake, Minnesota.CommentsClose CommentsPermalink
(24) SOUTH FORK OF THE CROW RIVER, HUTCHINSON, MINNESOTA- Project for aquatic ecosystem restoration, South Fork of the Crow River, Hutchinson, Minnesota.CommentsClose CommentsPermalink
(25) ST. LOUIS, MISSOURI- Project for aquatic ecosystem restoration, St. Louis, Missouri.CommentsClose CommentsPermalink
(26) MOBLEY DAM, TONGUE RIVER, MONTANA- Project for aquatic ecosystem restoration, Mobley Dam, Tongue River, Montana.CommentsClose CommentsPermalink
(27) S AND H DAM, TONGUE RIVER, MONTANA- Project for aquatic ecosystem restoration, S and H Dam, Tongue River, Montana.CommentsClose CommentsPermalink
(28) VANDALIA DAM, MILK RIVER, MONTANA- Project for aquatic ecosystem restoration, Vandalia Dam, Milk River, Montana.CommentsClose CommentsPermalink
(29) TRUCKEE RIVER, RENO, NEVADA- Project for aquatic ecosystem restoration, Truckee River, Reno, Nevada, including features for fish passage in Washoe County.CommentsClose CommentsPermalink
(30) Grover's MILL POND, NEW JERSEY- Project for aquatic ecosystem restoration, Grover's Mill Pond, New Jersey.CommentsClose CommentsPermalink
(31) CALDWELL COUNTY, NORTH CAROLINA- Project for aquatic ecosystem restoration, Caldwell County, North Carolina.CommentsClose CommentsPermalink
(11) MECKLENBERG COUNTY, NORTH 32) MECKLENBURG COUNTY, NORTH CAROLINA- Project for aquatic ecosystem restoration, Mecklenbeurg County, North Carolina.CommentsClose CommentsPermalink
(1233) DUGWAY CREEK, BRATENAHL, OHIO- Project for aquatic ecosystem restoration, Dugway Creek, Bratenahl, Ohio.CommentsClose CommentsPermalink
(34) JOHNSON CREEK, GRESHAM, OREGON- Project for aquatic ecosystem restoration, Johnson Creek, Gresham, Oregon.CommentsClose CommentsPermalink
(13) 35) BEAVER CREEK, BEAVER AND SALEM, PENNSYLVANIA- Project for aquatic ecosystem restoration, Beaver Creek, Beaver and Salem, Pennsylvania.CommentsClose CommentsPermalink
(36) CEMENTON DAM, LEHIGH RIVER, PENNSYLVANIA- Project for aquatic ecosystem restoration, Cementon Dam, Lehigh River, Pennsylvania.CommentsClose CommentsPermalink
(37) INGHAM SPRING DAM, SOLEBURY TOWNSHIP, PENNSYLVANIA- Project for aquatic ecosystem restoration, Ingham Spring Dam, Solebury Township, Pennsylvania.CommentsClose CommentsPermalink
(38) SAUCON CREEK, NORTHAMPTON COUNTY, PENNSYLVANIA- Project for aquatic ecosystem restoration, Saucon Creek, Northampton County, Pennsylvania.CommentsClose CommentsPermalink
(39) STILLWATER LAKE DAM, MONROE COUNTY, PENNSYLVANIA- Project for aquatic ecosystem restoration, Stillwater Lake Dam, Monroe County, Pennsylvania.CommentsClose CommentsPermalink
(40) BLACKSTONE RIVER, RHODE ISLAND- Project for aquatic ecosystem restoration, Blackstone River, Rhode Island.CommentsClose CommentsPermalink
(14) COLLEGE LAKE, LYNCHBURG, VIRGINIA- Project for aquatic41) WILSON BRANCH, CHERAW, SOUTH CAROLINA- Project for aquatic ecosystem restoration, Wilson Branch, Cheraw, South Carolina.CommentsClose CommentsPermalink
(42) WHITE RIVER, BETHEL, VERMONT- Project for aquatic ecosystem restoration, White River, Bethel, Vermont.CommentsClose CommentsPermalink
(43) COLLEGE LAKE, LYNCHBURG, VIRGINIA- Project for aquatic ecosystem restoration, College Lake, Lynchburg, Virginia.CommentsClose CommentsPermalink
(b) Special Rules-CommentsClose CommentsPermalink
(1) BLACK LAKE, ALASKA- The Secretary shall carry out the project for aquatic ecosystem restoration, Black Lake, Alaska referred to in subsection (a)(2) if the Secretary determines that the project is appropriate.CommentsClose CommentsPermalink
(2) TRUCKEE RIVER, RENO, NEVADA- The maximum amount of Federal funds that may be expended for the project for aquatic ecosystem restoration, Truckee River, Reno, Nevada, referred to in subsection (a)(29) shall be $6,000,000 and the Secretary shall carry out the project if the Secretary determines that the project is appropriate.CommentsClose CommentsPermalink
(3) BLACKSTONE RIVER, RHODE ISLAND- The Secretary shall carry out the project for aquatic ecosystem restoration, Blackstone River, Rhode Island, referred to in subsection (a)(40) if the Secretary determines that the project is appropriate.CommentsClose CommentsPermalink
(4) COLLEGE LAKE, LYNCHBURG, VIRGINIA- The Secretary shall carry out the project for aquatic ecosystem restoration, College Lake, Lynchburg, Virginia., referred to in subsection (a)(43) if the Secretary determines that the project is appropriate.CommentsClose CommentsPermalink
SEC. 1007. SMALL PROJECTS FOR SHORELINE PROTECTION.CommentsClose CommentsPermalink
The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 3 of the Act entitled `An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property', approved August 13, 1946 (
(1) NELSON LAGOON, ALASKA- Project for shoreline protection, Nelson Lagoon, Alaska.CommentsClose CommentsPermalink
(2) NICHOLAS CANYON, LOS ANGELES, CALIFORNIA- Project for shoreline protection, Nicholas Canyon, Los Angeles, California.CommentsClose CommentsPermalink
(3) SANIBEL ISLAND, FLORIDA- Project for shoreline protection, Sanibel Island, Florida.CommentsClose CommentsPermalink
(4) APRA HARBOR, GUAM- Project for shoreline protection, Apra Harbor, Guam.CommentsClose CommentsPermalink
(5) PITI, CABRAS ISLAND, GUAM- Project for shoreline protection, Piti, Cabras Island, Guam.CommentsClose CommentsPermalink
(6) NARROWS AND GRAVESEND BAY, UPPER NEW YORK BAY, BROOKLYN, NEW YORK- Project for shoreline protection in the vicinity of the confluence of the Narrows and Gravesend Bay, Upper New York Bay, Shore Parkway Greenway, Brooklyn, New York.CommentsClose CommentsPermalink
(7) DELAWARE RIVER, PHILADELPHIA NAVAL SHIPYARD, PENNSYLVANIA- Project for shoreline protection, Delaware River in the vicinity of the Philadelphia Naval Shipyard, Pennsylvania.CommentsClose CommentsPermalink
(8) PORT ARANSAS, TEXAS- Project for shoreline protection, Port Aransas, Texas.CommentsClose CommentsPermalink
SEC. 1008. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.CommentsClose CommentsPermalink
The Secretary shall conduct a study for the following project and, if the Secretary determines that the project is feasible, the Secretary may carry out the project under section 2 of the Flood Control Act of August 28, 1937 (
SEC. 1009. SMALL PROJECTS TO PREVENT OR MITIGATE DAMAGE CAUSED BY NAVIGATION PROJECTS.CommentsClose CommentsPermalink
The Secretary shall conduct a study for each of the following projects and, if the Secretary determines that a project is feasible, may carry out the project under section 111 of the River and Harbor Act of 1968 (
(1) Tybee Island, Georgia.CommentsClose CommentsPermalink
(2) Burns Waterway Harbor, Indiana.CommentsClose CommentsPermalink
SEC. 1008SEC. 1010. SMALL PROJECTS FOR AQUATIC PLANT CONTROL.CommentsClose CommentsPermalink
(a) In General- The Secretary is authorized to carry out a project for aquatic nuisance plant control in the Republican River Basin, Nebraska, under section 104 of the River and Harbor Act of 1958 (
(b) Special Rule- In carrying out the project under subsection (a), the Secretary may control and eradicate riverine nuisance plants.CommentsClose CommentsPermalink
TITLE II--GENERAL PROVISIONS
Section 221 of the Flood Control Act of 1970 (42103 of the Water Resources Development Act of 1986 (
`(n) Non-Federal Contributions-CommentsClose CommentsPermalink
`(1) PROHIBITION ON SOLICITATION OF EXCESS CONTRIBUTIONS- The Secretary may not--CommentsClose CommentsPermalink
`(A) solicit contributions from non-Federal interests for costs of constructing authorized water resources projects or measures in excess of the non-Federal share assigned to the appropriate project purposes listed in subsections (a), (b), and (c); orCommentsClose CommentsPermalink
`(B) condition Federal participation in such projects or measures on the receipt of such contributions.CommentsClose CommentsPermalink
`(2) LIMITATION ON STATUTORY CONSTRUCTION- Nothing in this subsection shall be construed to affect the Secretary's authority under section 903(c).'.CommentsClose CommentsPermalink
SEC. 2002. FUNDING TO PROCESS PERMITS.CommentsClose CommentsPermalink
Section 214(c) of the Water Resources Development Act of 2000 (
SEC. 2003. WRITTEN AGREEMENT FOR WATER RESOURCES PROJECTS.CommentsClose CommentsPermalink
(a) In General- Section 221 of the Flood Control Act of 1970 (
(1) by striking `SEC. 221.' and inserting the following:CommentsClose CommentsPermalink
and(2) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
`(a) Cooperation of Non-Federal Interest-CommentsClose CommentsPermalink
`(1) IN GENERAL- After December 31, 1970, the construction of any water resources project, or an acceptable separable element thereof, by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under any provision of law, shall not be commenced until each non-Federal interest has entered into a written partnership agreement with the district engineer for the district in which the project will be carried outSecretary (or, where appropriate, the district engineer for the district in which the project will be carried out) under which each party agrees to carry out its responsibilities and requirements for implementation or construction of the project or the appropriate element of the project, as the case may be; except that no such agreement shall be required if the Secretary determines that the administrative costs associated with negotiating, executing, or administering the agreement would exceed the amount of the contribution required from the non-Federal interest and are less than $25,000.CommentsClose CommentsPermalink
`(2) LIQUIDATED DAMAGES- An partnership agreement described in paragraph (1) may include a provision for liquidated damages in the event of a failure of 1one or more parties to perform.CommentsClose CommentsPermalink
`(3) OBLIGATION OF FUTURE APPROPRIATIONS- In any such agreementpartnership agreement described in paragraph (1) and entered into by a State, or a body politic of the State which derives its powers from the State constitution, or a governmental entity created by the State legislature, the agreement may reflect that it does not obligate future appropriations for such performance and payment when obligating future appropriations would be inconsistent with constitutional or statutory limitations of the State or a political subdivision of the State.CommentsClose CommentsPermalink
`(4) CREDIT FOR IN-KIND CONTRIBUTIONS-CommentsClose CommentsPermalink
`(A) IN GENERAL- An agreement under paragraph (1) shall provide partnership agreement described in paragraph (1) may provide with respect to a project that the Secretary shall credit toward the non-Federal share of the cost of the project, including a project implemented under general continuing authoritywithout specific authorization in law, the value of in-kind contributions made by the non-Federal interest, including--CommentsClose CommentsPermalink
`(i) the costs of planning (including data collection), design, management, mitigation, construction, and construction services that are provided by the non-Federal interest for implementation of the project;CommentsClose CommentsPermalink
`(ii) the value of materials or services provided before execution of an agreement for the projecthe partnership agreement, including efforts on constructed elements incorporated into the project; andCommentsClose CommentsPermalink
`(iii) materials and services provided after an agreement is executedthe value of materials and services provided after execution of the partnership agreement.CommentsClose CommentsPermalink
`(B) CONDITION- The Secretary shallmay credit an in-kind contribution under subparagraph (A) if the Secretary determines that the propertyonly if the Secretary determines that the material or service provided as an in-kind contribution is integral to the project.CommentsClose CommentsPermalink
`(C) LIMITATIONS- Credit authorizedWORK PERFORMED BEFORE PARTNERSHIP AGREEMENT- In any case in which the non-Federal interest is to receive credit under subparagraph (A)(ii) for the cost of work carried out by the non-Federal interest and such work has not been carried out as of the date of enactment of this subparagraph, the Secretary and the non-Federal interest shall enter into an agreement under which the non-Federal interest shall carry out such work, and only work carried out following the execution of the agreement shall be eligible for credit.CommentsClose CommentsPermalink
`(D) LIMITATIONS- Credit authorized under this paragraph for a project--CommentsClose CommentsPermalink
`(i) shall not exceed the non-Federal share of the cost of the project;CommentsClose CommentsPermalink
`(ii) shall not alter any other requirement that a non-Federal interest provide land, an easement or rights, easements, relocations, rights-of-way, or an areareas for disposal of dredged material for the project;CommentsClose CommentsPermalink
and`(iii
`(iii) shall not alter any requirement that a non-Federal interest pay a portion of the costs of construction of the project under sections 101 and 103 of the Water Resources Development Act of 1986 (
`(iv) shall not exceed the actual and reasonable costs of the materials, services, or other things provided by the non-Federal interest, as determined by the Secretary.CommentsClose CommentsPermalink
'.SEC. 2002. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY `(E) APPLICABILITY- CommentsClose CommentsPermalink
`(i) IN GENERAL- This paragraph shall apply to water resources projects authorized after November 16, 1986, including projects initiated after November 16, 1986, without specific authorization in law.CommentsClose CommentsPermalink
`(ii) LIMITATION- In any case in which a specific provision of law provides for a non-Federal interest to receive credit toward the non-Federal share of the cost of a study for, or construction or operation and maintenance of, a water resources project, the specific provision of law shall apply instead of this paragraph.'.CommentsClose CommentsPermalink
(b) Non-Federal Interest- Section 221(b) of such Act is amended to read as follows:CommentsClose CommentsPermalink
`(b) Definition of Non-Federal Interest- The term `non-Federal interest' means--CommentsClose CommentsPermalink
`(1) a legally constituted public body (including a federally recognized Indian tribe); orCommentsClose CommentsPermalink
`(2) a nonprofit entity with the consent of the affected local government,CommentsClose CommentsPermalink
that has full authority and capability to perform the terms of its agreement and to pay damages, if necessary, in the event of failure to perform.'.CommentsClose CommentsPermalink
(c) Program Administration- Section 221 of such Act is further amended--CommentsClose CommentsPermalink
(1) by redesignating subsection (e) as subsection (h); andCommentsClose CommentsPermalink
(2) by inserting after subsection (d) the following:CommentsClose CommentsPermalink
`(e) Delegation of Authority- Not later than June 30, 2008, the Secretary shall issue policies and guidelines for partnership agreements that delegate to the district engineers, at a minimum--CommentsClose CommentsPermalink
`(1) the authority to approve any policy in a partnership agreement that has appeared in an agreement previously approved by the Secretary;CommentsClose CommentsPermalink
`(2) the authority to approve any policy in a partnership agreement the specific terms of which are dictated by law or by a final feasibility study, final environmental impact statement, or other final decision document for a water resources project;CommentsClose CommentsPermalink
`(3) the authority to approve any partnership agreement that complies with the policies and guidelines issued by the Secretary; andCommentsClose CommentsPermalink
`(4) the authority to sign any partnership agreement for any water resources project unless, within 30 days of the date of authorization of the project, the Secretary notifies the district engineer in which the project will be carried out that the Secretary wishes to retain the prerogative to sign the partnership agreement for that project.CommentsClose CommentsPermalink
`(f) Report to Congress- Not later than 2 years after the date of enactment of this subsection, and every year thereafter, the Secretary shall submit to Congress a report detailing the following:CommentsClose CommentsPermalink
`(1) The number of partnership agreements signed by district engineers and the number of partnership agreements signed by the Secretary.CommentsClose CommentsPermalink
`(2) For any partnership agreement signed by the Secretary, an explanation of why delegation to the district engineer was not appropriate.CommentsClose CommentsPermalink
`(g) Public Availability- Not later than 120 days after the date of enactment of this subsection, the Chief of Engineers shall--CommentsClose CommentsPermalink
`(1) ensure that each district engineer has made available to the public, including on the Internet, all partnership agreements entered into under this section within the preceding 10 years and all partnership agreements for water resources projects currently being carried out in that district; andCommentsClose CommentsPermalink
`(2) make each partnership agreement entered into after such date of enactment available to the public, including on the Internet, not later than 7 days after the date on which such agreement is entered into.'.CommentsClose CommentsPermalink
(d) Local Cooperation- Section 912(b) of the Water Resources Development Act of 1986 (101 Stat. 4190) is amended--CommentsClose CommentsPermalink
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `shall' the first place it appears and inserting `may'; andCommentsClose CommentsPermalink
(B) by striking the last sentence; andCommentsClose CommentsPermalink
(2) in paragraph (4)--CommentsClose CommentsPermalink
(A) by inserting after `injunction, for' the following: `payment of damages or, for';CommentsClose CommentsPermalink
(B) by striking `to collect a civil penalty imposed under this section,'; andCommentsClose CommentsPermalink
(C) by striking `any civil penalty imposed under this section,' and inserting `any damages,'.CommentsClose CommentsPermalink
(e) Applicability- The amendments made by subsections (a), (b), and (d) only apply to partnership agreements entered into after the date of enactment of this Act; except that, at the request of a non-Federal interest for a project, the district engineer for the district in which the project is located may amend a project partnership agreement entered into on or before such date and under which construction on the project has not been initiated as of such date of enactment for the purpose of incorporating such amendments.CommentsClose CommentsPermalink
(f) Agreements and References-CommentsClose CommentsPermalink
(1) IN GENERAL- A goal of agreements entered into under section 221 of the Flood Control Act of 1970 (
(2) REFERENCES TO COOPERATION AGREEMENTS- Any reference in a law, regulation, document, or other paper of the United States to a `cooperation agreement' or `project cooperation agreement' shall be deemed to be a reference to a `partnership agreement' or a `project partnership agreement', respectively.CommentsClose CommentsPermalink
(3) REFERENCES TO PARTNERSHIP AGREEMENTS- Any reference to a `partnership agreement' or `project partnership agreement' in this Act (other than this section) shall be deemed to be a reference to a `cooperation agreement' or a `project cooperation agreement', respectively.CommentsClose CommentsPermalink
SEC. 2004. COMPILATION OF LAWS.CommentsClose CommentsPermalink
(a) Compilation of Laws Enacted After November 8, 1966- The Secretary and the Chief of Engineers shall prepare a compilation of the laws of the United States relating to the improvement of rivers and harbors, flood damage reduction, beach and shoreline erosion, hurricane and storm damage reduction, ecosystem and environmental restoration, and other water resources development enacted after November 8, 1966, and before January 1, 2008, and have such compilation printed for the use of the Department of the Army, Congress, and the general public.CommentsClose CommentsPermalink
(b) Reprint of Laws Enacted Before November 8, 1966- The Secretary shall have the volumes containing the laws referred to in subsection (a) enacted before November 8, 1966, reprinted.CommentsClose CommentsPermalink
(c) Index- The Secretary shall include an index in each volume compiled, and each volume reprinted, pursuant to this section.CommentsClose CommentsPermalink
(d) Congressional Copies- Not later than April 1, 2008, the Secretary shall transmit at least 25 copies of each volume compiled, and of each volume reprinted, pursuant to this section to each of the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink
(e) Availability- The Secretary shall ensure that each volume compiled, and each volume reprinted, pursuant to this section are available through electronic means, including on the Internet.CommentsClose CommentsPermalink
SEC. 2005. DREDGED MATERIAL DISPOSAL.CommentsClose CommentsPermalink
Section 23417 of the Water Resources Development Act of 1996 (
(1) by redesignating subsection (c) as subsection (d);CommentsClose CommentsPermalink
(2) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
`(c) Dredged Material Facility-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary may enter into a partnership agreement under section 221 of the Flood Control Act of 1970 (
`(2) PERFORMANCE- One or more of the parties to a partnership agreement under this subsection may engage in activities (including contractingperform the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility.CommentsClose CommentsPermalink
`(3) MULTIPLE PROJECTS- If appropriate, the Secretary may combine portions of separate water resources projects with appropriate combined cost-sharing among the various water resources projects in a partnership agreement for a facility under this subsection if the facility serves to manage dredged material from multiple water resources projects located in the geographic region of the facility.CommentsClose CommentsPermalink
`(4) SPECIFIED FEDERAL FUNDING SOURCES AND COST SHARING-CommentsClose CommentsPermalink
`(A) SPECIFIED FEDERAL FUNDING- A partnership agreement with respect to a facility under this subsection shall specify--CommentsClose CommentsPermalink
`(i) the Federal funding sources and combined cost-sharing when applicable to multiple water resources projects; andCommentsClose CommentsPermalink
`(ii) the responsibilities and risks of each of the parties relating to present and future dredged material managed by the facility.CommentsClose CommentsPermalink
`(B) MANAGEMENT OF SEDIMENTS-CommentsClose CommentsPermalink
`(i) IN GENERAL- A partnership agreement under this subsection may include the management of sediments from the maintenance dredging of Federal water resources projects that do not have partnership agreements.CommentsClose CommentsPermalink
`(ii) PAYMENTS- A partnership agreement under this subsection may allow the non-Federal interest to receive reimbursable payments from the Federal Government for commitments made by the non-Federal interest for disposal or placement capacity at dredged material processing, treatment, contaminant reduction, or disposal facilities.CommentsClose CommentsPermalink
`(C) CREDIT- A partnership agreement under this subsection may allow costs incurred by the non-Federal interest before execution of the partnership agreement to be credited in accordance with section 221 of the Flood Control Act of 1970 (
`(5) CREDIT-CommentsClose CommentsPermalink
`(A) EFFECT ON EXISTING AGREEMENTS- Nothing in this subsection supersedes or modifies an agreement in effect on the date of enactment of this paragraph between the Federal Government and any non-Federal interest for the cost-sharing, construction, and operation and maintenance of a water resources project.CommentsClose CommentsPermalink
`(B) CREDIT FOR FUNDS- Subject to the approval of the Secretary and in accordance with law (including regulations and policies) in effect on the date of enactment of this paragraph, a non-Federal interest for a water resources project may receive credit for funds provided for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility to the extent the facility is used to manage dredged material from the project.CommentsClose CommentsPermalink
`(C) NON-FEDERAL INTEREST RESPONSIBILITIES- A non-Federal interest entering into a partnership agreement under this subsection for a facility shall--CommentsClose CommentsPermalink
`(i) be responsible for providing all necessary lands, easements, relocations, and rights-of-way associated with the facility; andCommentsClose CommentsPermalink
`(ii) receive credit toward the non-Federal share of the cost of the project with respect to which the agreement is being entered into for those items.'; andCommentsClose CommentsPermalink
(3) in support of other Federal agencies, international organizations, or foreign governments to address problems of national significance to the United States.';(2) in subsection (b), by striking `Secretary of State' and inserting `Department of Stateparagraphs (1) and (2)(A) of subsection (d) (as redesignated by paragraph (1))--CommentsClose CommentsPermalink
(A) by inserting `and maintenance' after `operation' each place it appears; andCommentsClose CommentsPermalink
(B) by inserting `processing, treatment, contaminant reduction, or' after `dredged material' the first place it appears in each of those paragraphs.CommentsClose CommentsPermalink
SEC. 2006. REMOTE AND SUBSISTENCE HARBORS.CommentsClose CommentsPermalink
(a) In General- In conducting a study of harbor and navigation improvements, the Secretary may recommend a project without the need to demonstrate that the project is justified solely by national economic development benefits if the Secretary determines that--CommentsClose CommentsPermalink
(1)(A) the community to be served by the project is at least 70 miles from the nearest surface accessible commercial port and has no direct rail or highway link to another community served by a surface accessible port or harbor; orCommentsClose CommentsPermalink
(B) the project would be located in the State of Hawaii, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the United States Virgin Islands, or American Samoa;CommentsClose CommentsPermalink
(2) the harbor is economically critical such that over 80 percent of the goods transported through the harbor would be consumed within the community served by the harbor and navigation improvement; andCommentsClose CommentsPermalink
(3) the long-term viability of the community would be threatened without the harbor and navigation improvement.CommentsClose CommentsPermalink
(b) Justification- In considering whether to recommend a project under subsection (a), the Secretary shall consider the benefits of the project to--CommentsClose CommentsPermalink
(1) public health and safety of the local community, including access to facilities designed to protect public health and safety;CommentsClose CommentsPermalink
(2) access to natural resources for subsistence purposes;CommentsClose CommentsPermalink
(3) local and regional economic opportunities;CommentsClose CommentsPermalink
(4) welfare of the local population; andCommentsClose CommentsPermalink
(5) social and cultural value to the community.CommentsClose CommentsPermalink
SEC. 2007. USE OF OTHER FEDERAL FUNDS.CommentsClose CommentsPermalink
The non-Federal interest for a water resources study or project may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.CommentsClose CommentsPermalink
SEC. 2008. REVISION OF PROJECT PARTNERSHIP AGREEMENT; COST SHARING.CommentsClose CommentsPermalink
(a) Federal Allocation- Upon authorization by law of an increase in the maximum amount of Federal funds that may be allocated for a water resources project or an increase in the total cost of a water resources project authorized to be carried out by the Secretary, the Secretary shall enter into a revised partnership agreement for the project to take into account the change in Federal participation in the project.CommentsClose CommentsPermalink
(b) Cost Sharing- An increase in the maximum amount of Federal funds that may be allocated for a water resources project, or an increase in the total cost of a water resources project, authorized to be carried out by the Secretary shall not affect any cost-sharing requirement applicable to the project.CommentsClose CommentsPermalink
(c) Cost Estimates- The estimated Federal and non-Federal costs of water resources projects authorized to be carried out by the Secretary before, on, or after the date of enactment of this Act are for informational purposes only and shall not be interpreted as affecting the cost-sharing responsibilities established by law.CommentsClose CommentsPermalink
SEC. 2009. EXPEDITED ACTIONS FOR EMERGENCY FLOOD DAMAGE REDUCTION.CommentsClose CommentsPermalink
The Secretary shall expedite any authorized planning, design, and construction of any project for flood damage reduction for an area that, within the preceding 5 years, has been subject to flooding that resulted in the loss of life and caused damage of sufficient severity and magnitude to warrant a declaration of a major disaster by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
SEC. 2010. WATERSHED AND RIVER BASIN ASSESSMENTS.CommentsClose CommentsPermalink
Section 729 of the Water Resources Development Act of 1986 (
(1) in subsection (d)--CommentsClose CommentsPermalink
(A) by striking `and' at the end of paragraph (4);CommentsClose CommentsPermalink
(B) by striking the period at the end of paragraph (5) and inserting a semicolon; andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(6) Tuscarawas River Basin, Ohio;CommentsClose CommentsPermalink
`(7) Sauk River Basin, Snohomish and Skagit Counties, Washington;CommentsClose CommentsPermalink
`(8) Niagara River Basin, New York;CommentsClose CommentsPermalink
`(9) Genesee River Basin, New York; andCommentsClose CommentsPermalink
`(10) White River Basin, Arkansas and Missouri.';CommentsClose CommentsPermalink
(2) by striking paragraph (1) of subsection (f) and inserting the following:CommentsClose CommentsPermalink
`(1) NON-FEDERAL SHARE- The non-Federal share of the costs of an assessment carried out under this section on or after December 11, 2000, shall be 25 percent.'; andCommentsClose CommentsPermalink
(3) in subsection (dby striking subsection (g).CommentsClose CommentsPermalink
SEC. 2011. TRIBAL PARTNERSHIP PROGRAM.CommentsClose CommentsPermalink
(a) Program- Section 203(b) of the Water Resources Development Act of 2000 (
(1) in paragraph (1) by inserting `carry out water-related planning activities and' after `the Secretary may';CommentsClose CommentsPermalink
(2) in paragraph (1)(B) by inserting after `Code' the following: `, and including lands that are within the jurisdictional area of an Oklahoma Indian tribe, as determined by the Secretary of the Interior, and are recognized by the Secretary of the Interior as eligible for trust land status under part 151 of title 25, Code of Federal Regulations'; andCommentsClose CommentsPermalink
(3) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `$250,000 for fiscal year 2001' and inserting `$1,000,000 for fiscal year 2007 and each fiscal year thereafterand' at the end of subparagraph (A);CommentsClose CommentsPermalink
(B) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink
(C) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink
`(B) watershed assessments and planning activities; and'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 203(e) of such Act is amended by striking `2006' and inserting `2012'.CommentsClose CommentsPermalink
SEC. 2012. WILDFIRE FIREFIGHTING.CommentsClose CommentsPermalink
Section 309 of
SEC. 2013. TECHNICAL ASSISTANCE.CommentsClose CommentsPermalink
Section 22 of the Water Resources Development Act of 1974 (
(1) in subsection (a) by striking `The Secretary' and inserting the following:CommentsClose CommentsPermalink
`(a) Federal State Cooperation-CommentsClose CommentsPermalink
`(1) COMPREHENSIVE PLANS- The Secretary';CommentsClose CommentsPermalink
(2) by inserting after the last sentence in subsection (a) the following:CommentsClose CommentsPermalink
`(2) TECHNICAL ASSISTANCE-CommentsClose CommentsPermalink
`(A) IN GENERAL- At the request of a governmental agency or non-Federal interest, the Secretary may provide, at Federal expense, technical assistance to such agency or non-Federal interest in managing water resources.CommentsClose CommentsPermalink
`(B) TYPES OF ASSISTANCE- Technical assistance under this paragraph may include provision and integration of hydrologic, economic, and environmental data and analyses.';CommentsClose CommentsPermalink
(3) in subsection (b)(1) by striking `this section' each place it appears and inserting `subsection (a)(1)';CommentsClose CommentsPermalink
(4) in subsection (b)(2) by striking `Up to 1/2 of the' and inserting `The';CommentsClose CommentsPermalink
(5) in subsection (c) by striking `(c) There is' and inserting the following:CommentsClose CommentsPermalink
`(c) Authorization of Appropriations-CommentsClose CommentsPermalink
`(1) FEDERAL AND STATE COOPERATION- There is';CommentsClose CommentsPermalink
(6) in subsection (c)(1) (as designated by paragraph (5))--CommentsClose CommentsPermalink
(A) by striking `the provisions of this section' and inserting `subsection (a)(1),'; andCommentsClose CommentsPermalink
(B) by striking `or international organizations' and inserting `, international organizations, or foreign governments'.SEC. 2003$500,000' and inserting `$2,000,000';CommentsClose CommentsPermalink
(7) by inserting at the end of subsection (c) the following:CommentsClose CommentsPermalink
`(2) TECHNICAL ASSISTANCE- There is authorized to be appropriated $5,000,000 annually to carry out subsection (a)(2), of which not more than $2,000,000 annually may be used by the Secretary to enter into cooperative agreements with nonprofit organizations to provide assistance to rural and small communities.';CommentsClose CommentsPermalink
(8) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(9) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
`(d) Annual Submission of Proposed Activities- Concurrent with the President's submission to Congress of the President's request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the individual activities proposed for funding under subsection (a)(1) for that fiscal year.'.CommentsClose CommentsPermalink
SEC. 2014. LAKES PROGRAM.CommentsClose CommentsPermalink
Section 602(a) of the Water Resources Development Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended--CommentsClose CommentsPermalink
(1) by striking `and' at end of paragraph (18);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (19) and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(20) Kinkaid Lake, Jackson County, Illinois, removal of silt and aquatic growth and measures to address excessive sedimentation;CommentsClose CommentsPermalink
`(21) McCarter Pond, Borough of Fairhaven, New Jersey, removal of silt and measures to address water quality;CommentsClose CommentsPermalink
`(22) Rogers Pond, Franklin Township, New Jersey, removal of silt and restoration of structural integrity;CommentsClose CommentsPermalink
`(23) Greenwood Lake, New York and New Jersey, removal of silt and aquatic growth;CommentsClose CommentsPermalink
`(24) Lake Rodgers, Creedmoor, North Carolina, removal of silt and excessive nutrients and restoration of structural integrity;CommentsClose CommentsPermalink
`(25) Lake Sakakawea, North Dakota, removal of silt and aquatic growth and measures to address excessive sedimentation;CommentsClose CommentsPermalink
`(26) Lake Luxembourg, Pennsylvania;CommentsClose CommentsPermalink
`(27) Lake Fairlee, Vermont, removal of silt and aquatic growth and measures to address excessive sedimentation; andCommentsClose CommentsPermalink
`(28) Lake Morley, Vermont, removal of silt and aquatic growth and measures to address excessive sedimentation.'.CommentsClose CommentsPermalink
SEC. 2015. COOPERATIVE AGREEMENTS.CommentsClose CommentsPermalink
(a) In General- For the purpose of expediting the cost-effective design and construction of wetlands restoration that is part of an authorized water resources project, the Secretary may enter into cooperative agreements under
(b) Limitations-CommentsClose CommentsPermalink
(1) PER PROJECT LIMIT- A cooperative agreement under this section may not obligate the Secretary to pay the nonprofit organization more than $1,000,000 for any single wetlands restoration project.CommentsClose CommentsPermalink
(2) ANNUAL LIMIT- The total value of work carried out under cooperative agreements under this section may not exceed $5,000,000 in any fiscal year.CommentsClose CommentsPermalink
SEC. 2016. TRAINING FUNDS.CommentsClose CommentsPermalink
(a) In General- The Secretary may include individuals from the non-Federal interest, including the private sector,not employed by the Department of the Army in training classes and courses offered by the Corps of Engineers in any case in which the Secretary determines that it is in the best interest of the Federal Government to include those individuals as participants.CommentsClose CommentsPermalink
(b) Expenses-CommentsClose CommentsPermalink
(1) IN GENERAL- An individual from a non-Federal interestnot employed by the Department of the Army attending a training class or course described in subsection (a) shall pay the full cost of the training provided to the individual.CommentsClose CommentsPermalink
(2) PAYMENTS- Payments made by an individual for training received under subsection (aparagraph (1), up to the actual cost of the training--CommentsClose CommentsPermalink
(A) may be retained by the Secretary;CommentsClose CommentsPermalink
(B) shall be credited to an appropriation ors account used for paying training costs; andCommentsClose CommentsPermalink
(C) shall be available for use by the Secretary, without further appropriation, for training purposes.CommentsClose CommentsPermalink
(3) EXCESS AMOUNTS- Any payments received under paragraph (2) that are in excess of the actual cost of training provided shall be credited as miscellaneous receipts to the Treasury of the United States.CommentsClose CommentsPermalink
SEC. 2004 SEC. 2017. ACCESS TO WATER RESOURCE DATA. CommentsClose CommentsPermalink
(a) In General- The Secretary shall carry out a program to provide public access to water resources and related water quality data in the custody of the Corps of Engineers.CommentsClose CommentsPermalink
(b) Data- Public access under subsection (a) shall--CommentsClose CommentsPermalink
(1) include, at a minimum, access to data generated in water resources project development and regulation under section 404 of the Federal Water Pollution Control Act (
(2) appropriately employ geographic information system technology and linkages to water resource models and analytical techniques.CommentsClose CommentsPermalink
(c) Partnerships- To the maximum extent practicable, in carrying out activities under this section, the Secretary shall develop partnerships, including cooperative agreements, with State, tribal, and local governments and other Federal agencies.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $3,000,000 for each fiscal year.CommentsClose CommentsPermalink
SEC. 2018. SHORE PROTECTION PROJECTS.CommentsClose CommentsPermalink
(a) In General- In accordance with the Act of July 3, 1930 (
(b) Preference- In carrying out the policy under subsection (a), preference shall be given to--CommentsClose CommentsPermalink
(1) areas in which there has been a Federal investment of funds for the purposes described in subsection (a); andCommentsClose CommentsPermalink
(2) areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activities.CommentsClose CommentsPermalink
(c) Applicability- The Secretary shall apply the policy under subsection (a) to each shore protection and beach renourishment project (including shore protection and beach renourishment projects constructed before the date of enactment of this Act).CommentsClose CommentsPermalink
SEC. 2019. ABILITY TO PAY.CommentsClose CommentsPermalink
(a) Criteria and Procedures- Section 103(m)(2) of the Water Resources Development Act of 1986 (
(b) Projects- The Secretary shall apply the criteria and procedures referred to in section 103(m) of the Water Resources Development Act of 1986 (
(1) ST. JOHNS BAYOU AND NEW MADRID FLOODWAY, MISSOURI- The project for flood control, St. Johns Bayou and New Madrid Floodway, Missouri, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4118).CommentsClose CommentsPermalink
(2) LOWER RIO GRANDE BASIN, TEXAS- The project for flood control, Lower Rio Grande Basin, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125).CommentsClose CommentsPermalink
(3) WEST VIRGINIA AND PENNSYLVANIA PROJECTS- The projects for flood control authorized by section 581 of the Water Resources Development Act of 1996 (110 Stat. 3790-3791).CommentsClose CommentsPermalink
SEC. 2020. AQUATIC ECOSYSTEM AND ESTUARY RESTORATION.CommentsClose CommentsPermalink
Section 206 of the Water Resources Development Act of 1996 (
(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
`(a) General Authority-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project--CommentsClose CommentsPermalink
`(A)(i) will improve the quality of the environment and is in the public interest; orCommentsClose CommentsPermalink
`(ii) will improve the elements and features of an estuary (as defined in section 103 of the Estuaries and Clean Waters Act of 2000 (
`(B) is cost-effective.CommentsClose CommentsPermalink
`(2) DAM REMOVAL- A project under this section may include removal of a dam.'; andCommentsClose CommentsPermalink
(2) in subsection (e) by striking `$25,000,000' and inserting `$50,000,000'.CommentsClose CommentsPermalink
SEC. 2021. SMALL FLOOD DAMAGE REDUCTION PROJECTS.CommentsClose CommentsPermalink
Section 205 of the Flood Control Act of 1948 (
SEC. 2022. SMALL RIVER AND HARBOR IMPROVEMENT PROJECTS.CommentsClose CommentsPermalink
Section 107(b) of the River and Harbor Act of 1960 (
SEC. 2023. PROTECTION OF HIGHWAYS, BRIDGE APPROACHES, PUBLIC WORKS, AND NONPROFIT PUBLIC SERVICES.CommentsClose CommentsPermalink
Section 14 of the Flood Control Act of 1946 (
SEC. 2024. MODIFICATION OF PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE ENVIRONMENT.CommentsClose CommentsPermalink
Section 1135(h) of the Water Resources Development Act of 1986 (
SEC. 2025. REMEDIATION OF ABANDONED MINE SITES.CommentsClose CommentsPermalink
Section 560(f) of the Water Resources Development Act of 1999 (
SEC. 2026. LEASING AUTHORITY.CommentsClose CommentsPermalink
Section 4 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and other purposes', approved December 22, 1944 (
(1) by inserting `federally recognized Indian tribes and' before `Federal' the first place it appears;CommentsClose CommentsPermalink
(2) by inserting `Indian tribes or' after `considerations, to such'; andCommentsClose CommentsPermalink
(3) by inserting `federally recognized Indian tribe' after `That in any such lease or license to a'.CommentsClose CommentsPermalink
SEC. 2027. FISCAL TRANSPARENCY REPORT.CommentsClose CommentsPermalink
(a) In General- On the third Tuesday of January of each year beginning January 2008, the Chief of Engineers shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the expenditure--CommentsClose CommentsPermalink
(1) the expenditures by the Corps for the preceding fiscal year and estimated expenditures forby the Corps for the current fiscal year; andCommentsClose CommentsPermalink
(2) for projects and activities that are not scheduled for completion in the current fiscal year, the estimated expenditures by the Corps necessary in the following fiscal year for each project or activity to maintain the same level of effort being achieved in the current fiscal year.CommentsClose CommentsPermalink
(b) Contents- In addition to the information described in subsection (a), the report shall contain a detailed accounting of the following information:CommentsClose CommentsPermalink
(1)With respect to general construction With respect to activities carried out with funding provided under the Construction appropriations account for the Secretary, information on--CommentsClose CommentsPermalink
(A) projects currently under construction, including--CommentsClose CommentsPermalink
(i) allocations to date;CommentsClose CommentsPermalink
(ii) the number of years remaining to complete construction;CommentsClose CommentsPermalink
(iii) the estimated annual Federal cost to maintain that construction schedule; andCommentsClose CommentsPermalink
(iv) a list of projects the Corps of Engineers expects to complete during the current fiscal year; andCommentsClose CommentsPermalink
(B) projects for which there is a signed cost-sharingpartnership agreement and completed planning, engineering, and design, including--CommentsClose CommentsPermalink
(i) the number of years the project is expected to require for completion; andCommentsClose CommentsPermalink
(ii) estimated annual Federal cost to maintain that construction schedule.CommentsClose CommentsPermalink
(2) With respect to operation and maintenance of the inland and intracoastal waterways under section 206 of
(A) the estimated annual cost to maintain each waterway for the authorized reach and at the authorized depth;CommentsClose CommentsPermalink
and(B) the estimated annual cost of operation and maintenance of locks and dams to ensure navigation without interruption; andCommentsClose CommentsPermalink
(C) the actual expenditures to maintain each waterway.CommentsClose CommentsPermalink
(3) With respect to general investigations and reconnaissance and feasibility studiesactivities carried out with funding provided under the Investigations appropriations account for the Secretary--CommentsClose CommentsPermalink
(A) the number of active studies;CommentsClose CommentsPermalink
(B) the number of completed studies not yet authorized for construction;CommentsClose CommentsPermalink
(C) the number of initiated studies; andCommentsClose CommentsPermalink
(D) the number of studies expected to be completed during the fiscal year.CommentsClose CommentsPermalink
(4) Funding received and estimates of funds to be received for interagency and international support activities under section 318(a) of the Water Resources Development Act of 1990234 of the Water Resources Development Act of 1996 (
(5) Recreation fees and lease payments.CommentsClose CommentsPermalink
(6) Hydropower and water storage feereceipts.CommentsClose CommentsPermalink
(7) Deposits into the Inland Waterways Trust Fund and the Harbor Maintenance Trust Fund.CommentsClose CommentsPermalink
(8) Other revenues and fees collected by the Corps of Engineers.CommentsClose CommentsPermalink
(9) With respect to permit applications and notifications, a list of individual permit applications and nationwide permit notifications, including--CommentsClose CommentsPermalink
(A) the date on which each permit application is filed;CommentsClose CommentsPermalink
(B) the date on which each permit application is determined to be complete;CommentsClose CommentsPermalink
and(C) the date on which the Corps of Engineers grants, withdraws, (C) the date on which any permit application is withdrawn; and CommentsClose CommentsPermalink
(D) the date on which the Corps of Engineers grants or denies each permit.CommentsClose CommentsPermalink
(10) With respect to the project backlog, a list of authorizedprojects that are authorized but for which construction is not complete, a list of such projects for which no funds have been allocated for the 5 preceding fiscal years, including, for each project--CommentsClose CommentsPermalink
(A) the authorization date;CommentsClose CommentsPermalink
(B) the last allocation date;CommentsClose CommentsPermalink
(C) the percentage of construction completed;CommentsClose CommentsPermalink
(D) the estimated cost remaining until completion of the project; andCommentsClose CommentsPermalink
(E) a brief explanation of the reasons for the delay.CommentsClose CommentsPermalink
SEC. 2005 SEC. 2028. SUPPORT OF ARMY CIVIL WORKS PROGRAM. CommentsClose CommentsPermalink
(a) In General- Notwithstanding
(1) the University of Tennessee, Knoxville, Tennessee, for establishment and operation of the Southeastern Water Resources Institute to study sustainable development and utilization of water resources in the southeastern United States;CommentsClose CommentsPermalink
(2) Lewis and Clark Community College, Illinois, for the Great Rivers National Research and Education Center (including facilities that have been or will be constructed at one or more locations in the vicinity of the confluence of the Illinois River, the Missouri River, and the Mississippi River), a collaborative effort of Lewis and Clark Community College, the University of Illinois, the Illinois Department of Natural Resources and Environmental Sciences, and other entities, for the study of river ecology, developing watershed and river management strategies, and educating students and the public on river issues; andCommentsClose CommentsPermalink
(3) the University of Texas at Dallas for support and operation of the International Center for Decision and Risk Analysis to study risk analysis and control methods for transboundary water resources management in the southwestern United States and other international water resources management problems.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out subsection (a)(1) $2,000,000, to carry out subsection (a)(2) $2,000,000, and to carry out subsection (a)(3) $5,000,000.CommentsClose CommentsPermalink
SEC. 2029. SENSE OF CONGRESS ON CRITERIA FOR OPERATION AND MAINTENANCE OF HARBOR DREDGING PROJECTS.CommentsClose CommentsPermalink
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Insufficient maintenance dredging results in inefficient water transportation and harmful economic consequences.CommentsClose CommentsPermalink
(2) The estimated dredging backlog at commercial harbors in the Great Lakes alone is 16,000,000 cubic yards.CommentsClose CommentsPermalink
(3) Approximately two-thirds of all shipping in the United States either starts or finishes at small harbors.CommentsClose CommentsPermalink
(4) Small harbors often have a greater proportional impact on local economies than do larger harbors.CommentsClose CommentsPermalink
(5) Performance metrics can be valuable tools in the budget process for water resources projects.CommentsClose CommentsPermalink
(6) The use of a single performance metric for water resources projects can result in a budget biased against small and rural communities.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the operations and maintenance budget of the Corps of Engineers should reflect the use of all available economic data, rather than a single performance metric.CommentsClose CommentsPermalink
SEC. 2030. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.CommentsClose CommentsPermalink
Section 234 of the Water Resources Development Act of 1996 (
(1) by striking subsection (a) and inserting the following:CommentsClose CommentsPermalink
`(a) In General- The Secretary may engage in activities (including contracting) in support of other Federal agencies, international organizations, or foreign governments to address problems of national significance to the United States.';CommentsClose CommentsPermalink
(2) in subsection (b) by striking `Secretary of State' and inserting `Department of State'; andCommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) by striking `$250,000 for fiscal year 2001' and inserting `$1,000,000 for fiscal year 2008'; andCommentsClose CommentsPermalink
(B) by striking `or international organizations' and inserting `, international organizations, or foreign governments'.CommentsClose CommentsPermalink
SEC. 2031. WATER RESOURCES PRINCIPLES AND GUIDELINES.CommentsClose CommentsPermalink
(a) National Water Resources Planning Policy- It is the policy of the United States that all water resources projects should reflect national priorities, encourage economic development, and protect the environment by--CommentsClose CommentsPermalink
(1) seeking to maximize sustainable economic development;CommentsClose CommentsPermalink
(2) seeking to avoid the unwise use of floodplains and flood-prone areas and minimizing adverse impacts and vulnerabilities in any case in which a floodplain or flood-prone area must be used; andCommentsClose CommentsPermalink
(3) protecting and restoring the functions of natural systems and mitigating any unavoidable damage to natural systems.CommentsClose CommentsPermalink
(b) Principles and Guidelines-CommentsClose CommentsPermalink
(1) PRINCIPLES AND GUIDELINES DEFINED- In this subsection, the term `principles and guidelines' means the principles and guidelines contained in the document prepared by the Water Resources Council pursuant to section 103 of the Water Resources Planning Act (
(2) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall issue revisions, consistent with paragraph (3), to the principles and guidelines for use by the Secretary in the formulation, evaluation, and implementation of water resources projects.CommentsClose CommentsPermalink
(3) CONSIDERATIONS- In developing revisions to the principles and guidelines under paragraph (2), the Secretary shall evaluate the consistency of the principles and guidelines with, and ensure that the principles and guidelines address, the following:CommentsClose CommentsPermalink
(A) The use of best available economic principles and analytical techniques, including techniques in risk and uncertainty analysis.CommentsClose CommentsPermalink
(B) The assessment and incorporation of public safety in the formulation of alternatives and recommended plans.CommentsClose CommentsPermalink
(C) Assessment methods that reflect the value of projects for low-income communities and projects that use nonstructural approaches to water resources development and management.CommentsClose CommentsPermalink
(D) The assessment and evaluation of the interaction of a project with other water resources projects and programs within a region or watershed.CommentsClose CommentsPermalink
(E) The use of contemporary water resources paradigms, including integrated water resources management and adaptive management.CommentsClose CommentsPermalink
(F) Evaluation methods that ensure that water resources projects are justified by public benefits.CommentsClose CommentsPermalink
(4) CONSULTATION AND PUBLIC PARTICIPATION- In carrying out paragraph (2), the Secretary shall--CommentsClose CommentsPermalink
(A) consult with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of Homeland Security, the National Academy of Sciences, and the Council on Environmental Quality; andCommentsClose CommentsPermalink
(B) solicit and consider public and expert comments.CommentsClose CommentsPermalink
(5) PUBLICATION- The Secretary shall--CommentsClose CommentsPermalink
(A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives copies of--CommentsClose CommentsPermalink
(i) the revisions to the principles and guidelines for use by the Secretary; andCommentsClose CommentsPermalink
(ii) an explanation of the intent of each revision, how each revision is consistent with this section, and the probable impact of each revision on water resources projects carried out by the Secretary; andCommentsClose CommentsPermalink
(B) make the revisions to the principles and guidelines for use by the Secretary available to the public, including on the Internet.CommentsClose CommentsPermalink
(6) EFFECT- Subject to the requirements of this subsection, the principles and guidelines as revised under this subsection shall apply to water resources projects carried out by the Secretary instead of the principles and guidelines for such projects in effect on the day before date of enactment of this Act.CommentsClose CommentsPermalink
(7) APPLICABILITY- After the date of issuance of the revisions to the principles and guidelines, the revisions shall apply--CommentsClose CommentsPermalink
(A) to all water resources projects carried out by the Secretary, other than projects for which the Secretary has commenced a feasibility study before the date of such issuance;CommentsClose CommentsPermalink
(B) at the request of a non-Federal interest, to a water resources project for which the Secretary has commenced a feasibility study before the date of such issuance; andCommentsClose CommentsPermalink
(C) to the reevaluation or modification of a water resources project, other than a reevaluation or modification that has been commenced by the Secretary before the date of such issuance.CommentsClose CommentsPermalink
(8) EXISTING STUDIES- Revisions to the principles and guidelines issued under paragraph (2) shall not affect the validity of any completed study of a water resources project.CommentsClose CommentsPermalink
(9) RECOMMENDATION- Upon completion of the revisions to the principles and guidelines for use by the Secretary, the Secretary shall make a recommendation to Congress as to the advisability of repealing subsections (a) and (b) of section 80 of the Water Resources Development Act of 1974 (
SEC. 2032. WATER RESOURCE PRIORITIES REPORT.CommentsClose CommentsPermalink
(a) In General- Not later than 2 years after the date of enactment of this Act, the President shall submit to Congress a report describing the vulnerability of the United States to damage from flooding, including--CommentsClose CommentsPermalink
(1) the risk to human life;CommentsClose CommentsPermalink
(2) the risk to property; andCommentsClose CommentsPermalink
(3) the comparative risks faced by different regions of the United States.CommentsClose CommentsPermalink
(b) Inclusions- The report under subsection (a) shall include--CommentsClose CommentsPermalink
(1) an assessment of the extent to which programs in the United States relating to flooding address flood risk reduction priorities;CommentsClose CommentsPermalink
(2) the extent to which those programs may be encouraging development and economic activity in flood-prone areas;CommentsClose CommentsPermalink
(3) recommendations for improving those programs with respect to reducing and responding to flood risks; andCommentsClose CommentsPermalink
(4) proposals for implementing the recommendations.CommentsClose CommentsPermalink
SEC. 2033. PLANNING.CommentsClose CommentsPermalink
(a) Matters to Be Addressed in Planning- Section 904 of the Water Resources Development Act of 1986 (
(1) by striking `Enhancing' and inserting the following:CommentsClose CommentsPermalink
`(a) In General- Enhancing'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Assessments- For all feasibility reports for water resources projects completed after December 31, 2005, the Secretary shall assess whether--`(1) the water resource7, the Secretary shall assess whether--CommentsClose CommentsPermalink
`(1) the water resources project and each separable element is cost-effective; andCommentsClose CommentsPermalink
`(2) the water resources project complies with Federal, State, and local laws (including regulations) and public policies.'.CommentsClose CommentsPermalink
(b) Planning Process Improvements- The Chief of Engineers--CommentsClose CommentsPermalink
(1) shall, not later than 2 years after the date on which the feasibility study cost sharing agreement is signed for a project, subject to the availability of appropriations--(A) complete the feasibility study for the project; and(B) sign the report of the Chief of Engineers for the project;(2) may, with the approval of the Secretary, extend the deadline established under paragraph (1) for not to exceed 4 years, for a complex or controversial study; and(3)(A) shall adopt a risk analysis approach to project cost estimates; and(B) not later than 1 year after the date of enactment of this Act, shall--(i for water resources projects; andCommentsClose CommentsPermalink
(2) not later than one year after the date of enactment of this Act, shall--CommentsClose CommentsPermalink
(A) issue procedures for risk analysis for cost estimation; and(ii for water resources projects; andCommentsClose CommentsPermalink
(B) submit to Congress a report that includes suggestany recommended amendments to section 902 of the Water Resources Development Act of 1986 (
(c) Benchmarks-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 12 months after the date of enactment of this Act, the Chief of Engineers shall establish benchmarks for determining the length of time it should take to conduct a feasibility study for a water resources project and its associated review process under the National Environmental Policy Act of 1969 (
(2) BENCHMARK GOALS- The Chief of Engineers shall establish, to the extent practicable, under paragraph (1) benchmark goals for completion of feasibility studies for water resources projects generally within 2 years. In the case of feasibility studies that the Chief of Engineers determines may require additional time based on the project type, size, cost, or complexity, the benchmark goal for completion shall be generally within 4 years.CommentsClose CommentsPermalink
(d) Calculation of Benefits and Costs for Flood Damage Reduction Projects- A feasibility study for a project for flood damage reduction shall include, as part of the calculation of benefits and costs--CommentsClose CommentsPermalink
(1) a calculation of the residual risk of flooding following completion of the proposed project;CommentsClose CommentsPermalink
(2) a calculation of the residual risk of loss of human life and residual risk to human safety following completion of the proposed project;CommentsClose CommentsPermalink
and(3) a calculation of any upstream or downstream impacts of the proposed project.(d; andCommentsClose CommentsPermalink
(4) calculations to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.CommentsClose CommentsPermalink
(e) Centers of Specialized Planning Expertise-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Secretary may establish centers of expertise to provide specialized planning expertise for water resources projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps of Engineers.CommentsClose CommentsPermalink
(2) DUTIES- A center of expertise established under this subsection shall--CommentsClose CommentsPermalink
(A) provide technical and managerial assistance to district commanders of the Corps of Engineers for project planning, development, and implementation;CommentsClose CommentsPermalink
(B) provide agency peer reviews of new major scientific, engineering, or economic methods, models, or analyses that will be used to support decisions of the Secretary with respect to feasibility studies for water resources projects;CommentsClose CommentsPermalink
(C) provide support for external peer review panels convened by the Secretaryindependent peer review panels under section 2034; andCommentsClose CommentsPermalink
(D) carry out such other duties as are prescribed by the Secretary.CommentsClose CommentsPermalink
(ef) Completion of Corps of Engineers Reports-CommentsClose CommentsPermalink
(1) ALTERNATIVES-CommentsClose CommentsPermalink
(A) IN GENERAL- Feasibility and other studies and assessments of water resource problems and projects shall include recommendations for a water resources project shall include recommendations for alternatives--CommentsClose CommentsPermalink
(i) that, as determined by the non-Federal interests for the projectsin coordination with the non-Federal interest for the project, promote integrated water resources management; andCommentsClose CommentsPermalink
(ii) for which the non-Federal interests are is willing to provide the non-Federal share for the studies or assessments.CommentsClose CommentsPermalink
(B) SCOPE AND PURPOSES- The scope and purposes ofCONSTRAINTS- The alternatives contained in studies and assessments described in subparagraph (A) shall not be constrained by budgetary or other policy as a result of the inclusion of alternatives described in that subparagraph.CommentsClose CommentsPermalink
(C) REPORTS OF CHIEF OF ENGINEERS- The reports of the Chief of Engineers shall be based solely on the best technical solutionsidentify any recommendation that is not the best technical solution to water resource needs and problems and the reason for the deviation.CommentsClose CommentsPermalink
(2) REPORT COMPLETION- The completion of a report of the Chief of Engineers for a water resources project--CommentsClose CommentsPermalink
(A) shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration; andCommentsClose CommentsPermalink
(B) shall be submitted, on completion, to--CommentsClose CommentsPermalink
(i) the Committee on Environment and Public Works of the Senate; andCommentsClose CommentsPermalink
(ii) the Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink
(fg) Completion Review-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), not later than 9120 days after the date of completion of a report of the Chief of Engineers that recommends to Congress a water resource project, s project, the Secretary shall--CommentsClose CommentsPermalink
(A) review the report; andCommentsClose CommentsPermalink
(B) provide any recommendations of the Secretary regarding the water resources project to Congress.CommentsClose CommentsPermalink
(2) PRIOR REPORTS- Not later than 9180 days after the date of enactment of this Act, with respect to any report of the Chief of Engineers recommending a water resource project that is completes project that is complete prior to the date of enactment of this Act, the Secretary shall complete review of, and provide recommendations to Congress for, the report in accordance with paragraph (1).CommentsClose CommentsPermalink
SEC. 2006. WATER RESOURCES PLANNING COORDINATING COMMITTEE.(a) Establishment- The President shall establish a Water Resources Planning Coordinating Committee (referred to in this subsection as the `Coordinating Committee').(b) Membership-(1) IN GENERAL- The Coordinating Committee shall be composed of the following members (or a designee of the member):(A) The Secretary of the Interior.(B) The Secretary of Agriculture.(C) The Secretary of Health and Human Services.(D) The Secretary of Housing and Urban Development.(E) The Secretary of Transportation.(F) The Secretary of Energy.(G) The Secretary of Homeland Security.(H) The Secretary of Commerce.(I) The Administrator of the Environmental Protection Agency.(J) The Chairperson of the Council on Environmental Quality.(2) CHAIRPERSON AND EXECUTIVE DIRECTOR- The President shall appoint--(A) 1 member of the Coordinating Committee to serve as Chairperson of the Coordinating Committee for a term of 2 years; and(B) an Executive Director to supervise the activities of the Coordinating Committee.(3) FUNCTION- The function of the Coordinating Committee shall be to carry out the duties and responsibilities set forth under this section.(c) National Water Resources Planning and Modernization Policy- It is the policy of the United States that all water resources projects carried out by the Corps of Engineers shall--(1) reflect national priorities;(2) seek to avoid the unwise use of floodplains;(3) minimize vulnerabilities in any case in which a floodplain must be used;(4) protect and restore the functions of natural systems; and(5) mitigate any unavoidable damage to natural systems.(d) Water Resource Priorities Report-(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Coordinating Committee, in collaboration with the Secretary, shall submit to the President and Congress a report describing the vulnerability of the United States to damage from flooding and related storm damage, including--(A) the risk to human life;(B) the risk to property; and(C) the comparative risks faced by different regions of the United States.(2) INCLUSIONS- The report under paragraph (1) shall include--(A) an assessment of the extent to which programs in the United States relating to flooding address flood risk reduction priorities;(B) the extent to which those programs may be unintentionally encouraging development and economic activity in floodprone areas;(C) recommendations for improving those programs with respect to reducing and responding to flood risks; and(D) proposals for implementing the recommendations.(e) Modernizing Water Resources Planning Guidelines-(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary and the Coordinating Committee shall, in collaboration with each other, review and propose updates and revisions to modernize the planning principles and guidelines, regulations, and circulars by which the Corps of Engineers analyzes and evaluates water projects. In carrying out the review, the Coordinating Committee and the Secretary shall consult with the National Academy of Sciences for recommendations regarding updating planning documents.(2) PROPOSED REVISIONS- In conducting a review under paragraph (1), the Coordinating Committee and the Secretary shall consider revisions to improve water resources project planning through, among other things--(A) requiring the use of modern economic principles and analytical techniques, credible schedules for project construction, and current discount rates as used by other Federal agencies;(B) eliminating biases and disincentives to providing projects to low-income communities, including fully accounting for the prevention of loss of life under section 904 of the Water Resources Development Act of 1986 (
(a) Definitions- In this section:(1) CONSTRUCTION ACTIVITIES- The term `construction activities' means development of detailed engineering and design specifications during the preconstruction engineering and design phase and the engineering and design phase of a water resources project carried out by the Corps of Engineers, and other activities carried out on a water resources project prior to completion of the construction and to turning the project over to the local cost-share partner.(2) PROJECT STUDY- The term `project study' means a feasibility report, reevaluation report, or environmental impact statement prepared by the Corps of Engineers.(b) Director of Independent Review- The Secretary shall appoint in the Office of the Secretary a Director of Independent Review. The Director shall be selected from among individuals who are distinguished experts in engineering, hydrology, biology, economics, or another discipline related to water resources management. The Secretary shall ensure, to the maximum extent practicable, that the Director does not have a financial, professional, or other conflict of interest with projects subject to review. The Director ofProject Studies Subject to Independent Review shall carry out the duties set forth in this section and such other duties as the Secretary deems appropriate.(c) Sound Project Planning-(1) PROJECTPeer Review-CommentsClose CommentsPermalink
(1) IN GENERAL- Project studies shall be subject to a peer review by an independent panel of experts as determined under this section.CommentsClose CommentsPermalink
(2) SCOPE- The peer review may include a review of the economic and environmental assumptions and projections, project evaluation data, economic analyses, environmental analyses, engineering analyses, formulation of alternative plans, methods for integrating risk and uncertainty, models used in evaluation of economic or environmental impacts of proposed projects, and any biological opinions of the project study.CommentsClose CommentsPermalink
(3) PROJECT STUDIES SUBJECT TO PLANNING REVIEW- The Secretary shall ensure that each project study for a water resources project shall be reviewed by an independent panel of experts established under this subsection if--(A) the project has an estimated total cost of more than $40,000,000, including mitigation costs;(B) the Governor of a State in which the water resources project is located in whole or in part, or the Governor of a State within the drainage basin in which a water resources project is located and that would be directly affected economically or environmentally as a result of the project, requests in writing to the Secretary the establishment of an independent panel of experts for the project;(C) the head of a Federal agency with authority to review the projectEER REVIEW-CommentsClose CommentsPermalink
(A) MANDATORY- A project study shall be subject to peer review under paragraph (1) if--CommentsClose CommentsPermalink
(i) the project has an estimated total cost of more than $45,000,000, including mitigation costs, and is not determined by the Chief of Engineers to be exempt from peer review under paragraph (6);CommentsClose CommentsPermalink
(ii) the Governor of an affected State requests a peer review by an independent panel of experts; orCommentsClose CommentsPermalink
(iii) the Chief of Engineers determines that the project study is controversial considering the factors set forth in paragraph (4).CommentsClose CommentsPermalink
(B) DISCRETIONARY-CommentsClose CommentsPermalink
(i) AGENCY REQUEST- A project study shall be considered by the Chief of Engineers for peer review under this section if the head of a Federal or State agency charged with reviewing the project study determines that the project is likely to have a significant adverse impact on public safety, or on environmental, fish and wildlife, historical, cultural, or other resources under the jurisdiction of the agency, and requests in writing to the Secretary the establishment of an independent panel of experts for the project; or(D) the Secretary determines on his or her own initiative, or shall determine within 30 days of receipt of a written request for a controversy determination by any party, that the project is controversial because-- after implementation of proposed mitigation plans and requests a peer review by an independent panel of experts.CommentsClose CommentsPermalink
(ii) DEADLINE FOR DECISION- A decision of the Chief of Engineers under this subparagraph whether to conduct a peer review shall be made within 21 days of the date of receipt of the request by the head of the Federal or State agency under clause (i).CommentsClose CommentsPermalink
(iii) REASONS FOR NOT CONDUCTING PEER REVIEW- If the Chief of Engineers decides not to conduct a peer review following a request under clause (i), the Chief shall make publicly available, including on the Internet, the reasons for not conducting the peer review.CommentsClose CommentsPermalink
(iv) APPEAL TO CHAIRMAN OF COUNCIL ON ENVIRONMENTAL QUALITY- A decision by the Chief of Engineers not to conduct a peer review following a request under clause (i) shall be subject to appeal by a person referred to in clause (i) to the Chairman of the Council on Environmental Quality if such appeal is made within the 30-day period following the date of the decision being made available under clause (iii). A decision of the Chairman on an appeal under this clause shall be made within 30 days of the date of the appeal.CommentsClose CommentsPermalink
(4) FACTORS TO CONSIDER- In determining whether a project study is controversial under paragraph (3)(A)(iii), the Chief of Engineers shall consider if--CommentsClose CommentsPermalink
(A) there is a significant dispute regardingpublic dispute as to the size, nature, potential safety risks, or effects of the project; orCommentsClose CommentsPermalink
(iiB) there is a significant dispute regarding the economic, or environmental costs or public dispute as to the economic or environmental costs or benefits of the project.CommentsClose CommentsPermalink
(2) PROJECT PLANNING REVIEW PANELS-(A) PROJECT PLANNING REVIEW PANEL MEMBERSHIP- For each water resources project subject to review under this subsection, the Director of Independent Review shall establish a panel of independent experts that shall be composed of not less than 5 nor more than 9 independent experts (including at least 1 engineer, 1 hydrologist, 1 biologist, and 1 economist)5) PROJECT STUDIES EXCLUDED FROM PEER REVIEW- The Chief of Engineers may exclude a project study from peer review under paragraph (1)--CommentsClose CommentsPermalink
(A) if the project study does not include an environmental impact statement and is a project study subject to peer review under paragraph (3)(A)(i) that the Chief of Engineers determines--CommentsClose CommentsPermalink
(i) is not controversial;CommentsClose CommentsPermalink
(ii) has no more than negligible adverse impacts on scarce or unique cultural, historic, or tribal resources;CommentsClose CommentsPermalink
(iii) has no substantial adverse impacts on fish and wildlife species and their habitat prior to the implementation of mitigation measures; andCommentsClose CommentsPermalink
(iv) has, before implementation of mitigation measures, no more than a negligible adverse impact on a species listed as endangered or threatened species under the Endangered Species Act of 1973 (
(B) if the project study--CommentsClose CommentsPermalink
(i) involves only the rehabilitation or replacement of existing hydropower turbines, lock structures, or flood control gates within the same footprint and for the same purpose as an existing water resources project;CommentsClose CommentsPermalink
(ii) is for an activity for which there is ample experience within the Corps of Engineers and industry to treat the activity as being routine; andCommentsClose CommentsPermalink
(iii) has minimal life safety risk; orCommentsClose CommentsPermalink
(C) if the project study does not include an environmental impact statement and is a project study pursued under section 205 of the Flood Control Act of 1948 (
(6) DETERMINATION OF TOTAL COST- For purposes of determining the estimated total cost of a project under paragraph (3)(A), the total cost shall be based upon the reasonable estimates of the Chief of Engineers at the completion of the reconnaissance study for the project. If the reasonable estimate of total costs is subsequently determined to be in excess of the amount in paragraph (3)(A), the Chief of Engineers shall make a determination whether a project study is required to be reviewed under this section.CommentsClose CommentsPermalink
(b) Timing of Peer Review-CommentsClose CommentsPermalink
(1) IN GENERAL- The Chief of Engineers shall determine the timing of a peer review of a project study under subsection (a). In all cases, the peer review shall occur during the period beginning on the date of the signing of the feasibility cost-sharing agreement for the study and ending on the date established under subsection (e)(1)(A) for the peer review and shall be accomplished concurrent with the conducting of the project study.CommentsClose CommentsPermalink
(2) FACTORS TO CONSIDER- In any case in which the Chief of Engineers has not initiated a peer review of a project study, the Chief of Engineers shall consider, at a minimum, whether to initiate a peer review at the time that--CommentsClose CommentsPermalink
(A) the without-project conditions are identified;CommentsClose CommentsPermalink
(B) the array of alternatives to be considered are identified; andCommentsClose CommentsPermalink
(C) the preferred alternative is identified.CommentsClose CommentsPermalink
(3) LIMITATION ON MULTIPLE PEER REVIEW- Nothing in this subsection shall be construed to require the Chief of Engineers to conduct multiple peer reviews for a project study.CommentsClose CommentsPermalink
(c) Establishment of Panels-CommentsClose CommentsPermalink
(1) IN GENERAL- For each project study subject to peer review under subsection (a), as soon as practicable after the Chief of Engineers determines that a project study will be subject to peer review, the Chief of Engineers shall contract with the National Academy of Sciences or a similar independent scientific and technical advisory organization or an eligible organization to establish a panel of experts to conduct a peer review for the project study.CommentsClose CommentsPermalink
(2) MEMBERSHIP- A panel of experts established for a project study under this section shall be composed of independent experts who represent a range of areas of expertise. The Director of Independent Reviewbalance of areas of expertise suitable for the review being conducted.CommentsClose CommentsPermalink
(3) LIMITATION ON APPOINTMENTS- The National Academy of Sciences or any other organization the Chief of Engineers contracts with under paragraph (1) to establish a panel of experts shall apply the National Academy of Science's policy for selecting committee members to ensure that members selected for the panel of experts have no conflict with the project being reviewed, and shall consult with the National Academy of Sciences in developing lists of individuals to serve on panels of experts under this subsection. An individual serving on a panel under this subsection shall be compensated at a rate of pay to be determined by the Secretary, and shall be allowed travel expenses.(B) DUTIES OF PROJECT PLANNING REVIEW PANELS- An independent panel of experts established under this subsection shall review the project study, receive from.CommentsClose CommentsPermalink
(4) CONGRESSIONAL NOTIFICATION- Upon identification of a project study for peer review under this section, but prior to initiation of the review, the Chief of Engineers shall notify the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of the review.CommentsClose CommentsPermalink
(d) Duties of Panels- A panel of experts established for a peer review for a project study under this section shall--CommentsClose CommentsPermalink
(1) conduct the peer review for the project study;CommentsClose CommentsPermalink
(2) assess the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers;CommentsClose CommentsPermalink
(3) receive from the Chief of Engineers the public written and oral comments concerning the project study, and submit a written report to the Secretary that shall containprovided to the Chief of Engineers;CommentsClose CommentsPermalink
(4) provide timely written and oral comments to the Chief of Engineers throughout the development of the project study, as requested; andCommentsClose CommentsPermalink
(5) submit to the Chief of Engineers a final report containing the panel's conclusions and recommendations regarding project study issues identified as significant by the panel, including issues such as--(i) economic and environmental assumptions and projections;(ii) project evaluation data;(iii) economic or environmental analyses;(iv) engineering analyses;(v) formulation of alternative plans;(vi) methods for integrating risk and uncertainty;(vii) models used in evaluation of economic or environmental impacts of proposed projects; and(viii) any related biological opinions.(C) PROJECT PLANNING REVIEW RECORD-(i) IN GENERAL- After receiving a report from an independent panel of experts established under this subsection, the Secretaryeconomic, engineering, and environmental analysis of the project study, including the panel's assessment of the adequacy and acceptability of the economic, engineering, and environmental methods, models, and analyses used by the Chief of Engineers, to accompany the publication of the report of the Chief of Engineers for the project.CommentsClose CommentsPermalink
(e) Duration of Project Study Peer Reviews-CommentsClose CommentsPermalink
(1) DEADLINE- A panel of experts established under this section shall--CommentsClose CommentsPermalink
(A) complete its peer review under this section for a project study and submit a report to the Chief of Engineers under subsection (d)(5) not more than 60 days after the last day of the public comment period for the draft project study, or, if the Chief of Engineers determines that a longer period of time is necessary, such period of time determined necessary by the Chief of Engineers; andCommentsClose CommentsPermalink
(B) terminate on the date of initiation of the State and agency review required by the first section of the Flood Control Act of December 22, 1944 (58 Stat. 887).CommentsClose CommentsPermalink
(2) FAILURE TO MEET DEADLINE- If a panel of experts does not complete its peer review of a project study under this section and submit a report to the Chief of Engineers under subsection (d)(5) on or before the deadline established by paragraph (1) for the peer review, the Chief of Engineers shall take into considerationcomplete the project study without delay.CommentsClose CommentsPermalink
(f) Recommendations of Panel-CommentsClose CommentsPermalink
(1) CONSIDERATION BY THE CHIEF OF ENGINEERS- After receiving a report on a project study from a panel of experts under this section and before entering a final record of decision for the project, the Chief of Engineers shall consider any recommendations contained in the report and shall immediately make the report available to the public on the internet.(ii) RECOMMENDATIONS- The Secretary shall prepare a written explanation of any recommendations of the independent panel of experts established under this subsection not adopted by the Secretary. Recommendations and findings of the independent panel of experts rejected without good cause shown, as determined by judicial review, shall be given equal deference as the recommendations and findings of the Secretary during a judicial proceeding relating to the water resources project.(iii) SUBMISSION TO CONGRESS ANDresponse for any recommendations adopted or not adopted.CommentsClose CommentsPermalink
(2) PUBLIC AVAILABILITY- The report of the independent panel of experts established under this subsection and the AND TRANSMITTAL TO CONGRESS- After receiving a report on a project study from a panel of experts under this section, the Chief of Engineers shall--CommentsClose CommentsPermalink
(A) make a copy of the report and any written explanation of the Secretary required by clause (ii) shall be included with the report of the Chief of Engineers to Congress, shall be published in the Federal Register, and shall be made available to the public on the Internet.(D) DEADLINES FOR PROJECT PLANNING REVIEWS-(i) IN GENERAL- Independent review of a project study shall be completed prior to the completion of any Chief of Engineers report for a specific water resources project.(ii) DEADLINE FOR PROJECT PLANNING REVIEW PANEL STUDIES- An independent panel of experts established under this subsection shall complete its review of the project study and submit to the Secretary a report not later than 180 days after the date of establishment of the panel, or not later than 90 days after the close of the public comment period on a draft project study that includes a preferred alternative, whichever is later. The Secretary may extend these deadlines for good cause.(iii) FAILURE TO COMPLETE REVIEW AND REPORT- If an independent panel of experts established under this subsection does not submit to the Secretary a report by the deadline established by clause (ii), tresponse of the Chief of Engineers on recommendations contained in the report available to the public by electronic means, including the Internet; andCommentsClose CommentsPermalink
(B) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report, together with any such written response, on the date of a final report of the Chief of Engineers or other final decision document for the project study.CommentsClose CommentsPermalink
(g) Costs-CommentsClose CommentsPermalink
(1) IN GENERAL- The costs of a panel of experts established for a peer review under this section--CommentsClose CommentsPermalink
(A) shall be a Federal expense; andCommentsClose CommentsPermalink
(B) shall not exceed $500,000.CommentsClose CommentsPermalink
(2) WAIVER- The Chief of Engineers may continue project planning without delay.(iv) DURATION OF PANELS- An independent panel of experts established under this subsection shall terminate on the date of submission of the report by the panel. Panels may be established as early in the planning process as deemed appropriate by the Director of Independent Review, but shall be appointed no later than 90 days before the release for public comment of a draft study subject to review under subsection (c)(1)(A), and not later than 30 days after a determination that review is necessary under subsection (c)(1)(B), (c)(1)(C), or (c)(1)(D).(E) EFFECT ON EXISTING GUIDANCE- The project planning review required by this subsection shall be deemed to satisfy any external review required by Engineering Circular 1105-2-408 (31 May 2005) on Peer Review of Decision Documents.(d) Safety Assurance-(1) PROJECTS SUBJECT TO SAFETY ASSURANCE REVIEW- The Secretary shall ensure that the construction activities for any flood damage reduction projectwaive the $500,000 limitation contained in paragraph (1)(B) in cases that the Chief of Engineers determines appropriate.CommentsClose CommentsPermalink
(h) Applicability- This section shall apply to--CommentsClose CommentsPermalink
(1) project studies initiated during the 2-year period preceding the date of enactment of this Act and for which the array of alternatives to be considered has not been identified; andCommentsClose CommentsPermalink
(2) project studies initiated during the period beginning on such date of enactment and ending 7 years after such date of enactment.CommentsClose CommentsPermalink
(i) Reports-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than 3 years after the date of enactment of this section, the Chief of Engineers shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of this section.CommentsClose CommentsPermalink
(2) ADDITIONAL REPORT- Not later than 6 years after the date of enactment of this section, the Chief of Engineers shall update the report under paragraph (1) taking into account any further information on implementation of this section and submit such updated report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink
(j) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a peer review panel established under this section.CommentsClose CommentsPermalink
(k) Savings Clause- Nothing in this section shall be reviewed by an independent panel of experts established under this subsection iconstrued to affect any authority of the Chief of Engineers to cause or conduct a peer review of a water resources project existing on the date of enactment of this section.CommentsClose CommentsPermalink
(l) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
(1) PROJECT STUDY- The term `project study' means--CommentsClose CommentsPermalink
(A) a feasibility study or reevaluation study for a water resources project, including the environmental impact statement prepared for the study; andCommentsClose CommentsPermalink
(B) any other study associated with a modification of a water resources project that includes an environmental impact statement, including the environmental impact statement prepared for the study.CommentsClose CommentsPermalink
(2) AFFECTED STATE- The term `affected State', as used with respect to a water resources project, means a State all or a portion of which is within the drainage basin in which the project is or would be located and would be economically or environmentally affected as a consequence of the project.CommentsClose CommentsPermalink
(3) ELIGIBLE ORGANIZATION- The term `eligible organization' means an organization that--CommentsClose CommentsPermalink
(A) is described in section 501(c)(3), and exempt from Federal tax under section 501(a), of the Internal Revenue Code of 1986;CommentsClose CommentsPermalink
(B) is independent;CommentsClose CommentsPermalink
(C) is free from conflicts of interest;CommentsClose CommentsPermalink
(D) does not carry out or advocate for or against Federal water resources projects; andCommentsClose CommentsPermalink
(E) has experience in establishing and administering peer review panels.CommentsClose CommentsPermalink
(4) TOTAL COST- The term `total cost', as used with respect to a water resources project, means the cost of construction (including planning and designing) of the project. In the case of a project for hurricane and storm damage reduction or flood damage reduction that includes periodic nourishment over the life of the project, the term includes the total cost of the Director of Independent Review makes a determination that an independent review is necessary to ennourishment.CommentsClose CommentsPermalink
SEC. 2035. SAFETY ASSURANCE REVIEW.CommentsClose CommentsPermalink
(a) Projects Subject to Safety Assurance Review- The Chief of Engineers shall ensure that the design and construction activities for hurricane and storm damage reduction and flood damage reduction projects are reviewed by independent experts under this section if the Chief of Engineers determines that a review by independent experts is necessary to assure public health, safety, and welfare on any project--(A) for which the reliability of performance under emergency conditions is critical;(B) that uses.CommentsClose CommentsPermalink
(b) Factors- In determining whether a review of design and construction of a project is necessary under this section, the Chief of Engineers shall consider whether--CommentsClose CommentsPermalink
(1) the failure of the project would pose a significant threat to human life;CommentsClose CommentsPermalink
(2) the project involves the use of innovative materials or techniques;CommentsClose CommentsPermalink
(C) for which the project design is lacking in redundancy, or tha3) the project design lacks redundancy; orCommentsClose CommentsPermalink
(4) the project has a unique construction sequencing or a shortreduced or overlapping design construction schedule; or(D) other than a project described in subparagraphs (A) through (C), as the Director of Independent Review determines to be appropriate.(2) SAFETY ASSURANCE REVIEW PANELS.CommentsClose CommentsPermalink
(c) Safety Assurance Review-CommentsClose CommentsPermalink
(1) INITIATION OF REVIEW- At the appropriate point in the development of detailed engineering and design specifications for each water resources project subject to review under this subsection, the Director of Independent Review shall establish an independent panel of experts to review and report to the Secretary on the adequacy of construction activities for the project. An independent panel of experts under this subsection shall be composed of not less than 5 nor more than 9 independent experts selectedection, the Chief of Engineers shall initiate a safety assurance review by independent experts on the design and construction activities for the project.CommentsClose CommentsPermalink
(2) SELECTION OF REVIEWERS- A safety assurance review under this section shall include participation by experts selected by the Chief of Engineers from among individuals who are distinguished experts in engineering, hydrology, or other pertinent disciplines. The Director of Independent Review shall apply the Nationalappropriate disciplines. The Chief of Engineers shall apply the National Academy of Science's policy for selecting committee members to ensure that panel membreviewers to ensure that reviewers have no conflict with the project being reviewed.of interest with the project being reviewed.CommentsClose CommentsPermalink
(3) COMPENSATION- An individual serving on a panel of experts under this subas an independent reviewer under this section shall be compensated at a rate of pay to be determined by the Secretary, and shall be allowed travel expenses.CommentsClose CommentsPermalink
(3) DEADLINES FOR SAFETY ASSURANCE REVIEWS- An independent panel of experts established under this subsection shall submit a written report to the Secretary on the adequacy of thed) Scope of Safety Assurance Reviews- A safety assurance review under this section shall include a review of the design and construction activities prior to the initiation of physical construction and periodically thereafter until construction activities are completed on a publicly available schedule determined by the Director of Independent Review for the purposes of assuring the public safety. The Director of Independent Review shall ensure that these reviews be carried out in a way to protect theregular schedule sufficient to inform the Chief of Engineers on the adequacy, appropriateness, and acceptability of the design and construction activities for the purpose of assuring public health, safety, and welfare, while not causing. The Chief of Engineers shall ensure that reviews under this section do not create any unnecessary delays in construction activities.(4) SAFETY ASSURANCE REVIEW RECORD- After receiving a written report from an independent panel of experts established under this subsection, the Secretary shall--(A) take into consideration recommendations contained in the report, provide a written explanation of recommendations not adopted, and immediately make the report and explanation available to the public on the Internet; and(B) submit the report to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.(e) Expenses-(1) IN GENERAL- The costs of an independent panel of experts established under subsection (c) or (d) shall be a Federal expense and shall not exceed--(A) $250,000, if the total cost of the project in current year dollars is less than $50,000,000; and(B) 0.5 percent of the total cost of the project in current year dollars, if the total cost is $50,000,000 or more.(2) WAIVER- The Secretary, at the written request of the Director of Independent Review, may waive the cost limitations under paragraph (1) if the Secretary determines appropriate.(f) Report- Not later than 5 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the implementation of this section.(g) Savings Clause- Nothing in this section shall be construed to affect any authority of the Secretary to cause or conduct a peer review of the engineering, scientific, or technical basis of any water resources project in existence on the date of enactment of this Act.SEC. 2008design and construction activities.CommentsClose CommentsPermalink
(e) Safety Assurance Review Record- The written recommendations of a reviewer or panel of reviewers under this section and the responses of the Chief of Engineers shall be available to the public, including through electronic means on the Internet.CommentsClose CommentsPermalink
(f) Applicability- This section shall apply to any project in design or under construction on the date of enactment of this Act and to any project with respect to which design or construction is initiated during the period beginning on the date of enactment of this Act and ending 7 years after such date of enactment.CommentsClose CommentsPermalink
SEC. 2036. MITIGATION FOR FISH AND WILDLIFE AND WETLANDS LOSSES.CommentsClose CommentsPermalink
(a) Completion of Mitigation- Section 906(a) of the Water Resources Development Act of 1986 (
(1) in paragraph (1)--(A) in the first sentence, by striking `to the Congress unless such report contains' and inserting `to Congressthe first sentence of paragraph (1) by striking `to the Congress' and inserting `to Congress in any report, and shall not select a project alternative in any final record of decision, environmental impact statement, or environmental assessment, unless the proposal, record of decision, environmental impact statement, or environmental assessment contains'; and(Breport,';CommentsClose CommentsPermalink
(2) in the second sentence, of paragraph (1) by inserting `, and other habitat types are mitigated to not less than in-kind conditions' after `mitigated in-kind'; andCommentsClose CommentsPermalink
(23) by adding at the end the following:CommentsClose CommentsPermalink
`(3) MITIGATION REQUIREMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- To mitigate losses to flood damage reduction capabilities and fish and wildlife resulting from a water resources project, the Secretary shall ensure that the mitigation plan for each water resources project complies fully with the mitigation standards and policies established pursuant to section 404 of the Federal Water Pollution Control Act (
`(B) INCLUSIONS- A specific mitigation plan for a water resources project under paragraph (1) shall include, at a minimum--CommentsClose CommentsPermalink
`(i) a plan for monitoring the implementation and ecological success of each mitigation measure, including the cost and duration of any monitoring, and, to the extent practicable, a designation of the entities that will be responsible for the monitoring;CommentsClose CommentsPermalink
`(ii) the criteria for ecological success by which the mitigation will be evaluated and determined to be successful;`(iii) based on replacement of lost functions and values of the habitat, including hydrologic and vegetative characteristics;CommentsClose CommentsPermalink
`(iii) a description of the land and interests in land to be acquired for the mitigation plan and the basis for a determination that the land and interests are available for acquisition;CommentsClose CommentsPermalink
`(iv) a description of--CommentsClose CommentsPermalink
`(I) the types and amount of restoration activities to be conducted;CommentsClose CommentsPermalink
and`(II) the resourc `(II) the physical action to be undertaken to achieve the mitigation objectives within the watershed in which such losses occur and, in any case in which the mitigation will occur outside the watershed, a detailed explanation for undertaking the mitigation outside the watershed; and CommentsClose CommentsPermalink
`(III) the functions and values that will result from the mitigation plan; andCommentsClose CommentsPermalink
`(v) a contingency plan for taking corrective actions in cases in which monitoring demonstrates that mitigation measures are not achieving ecological success in accordance with criteria under clause (ii).CommentsClose CommentsPermalink
`(4)C) RESPONSIBILITY FOR MONITORING- In any case in which it is not practicable to identify in a mitigation plan for a water resources project the entity responsible for monitoring at the time of a final report of the Chief of Engineers or other final decision document for the project, such entity shall be identified in the partnership agreement entered into with the non-Federal interest under section 221 of Flood Control Act of 1970 (
`(4) DETERMINATION OF SUCCESS-CommentsClose CommentsPermalink
`(A) IN GENERAL- A mitigation plan under this subsection shall be considered to be successful at the time at which the criteria under paragraph (3)(B)(ii) are achieved under the plan, as determined by monitoring under paragraph (3)(B)(i).CommentsClose CommentsPermalink
`(B) CONSULTATION- In determining whether a mitigation plan is successful under subparagraph (A), the Secretary shall consult annually with appropriate Federal agencies and each State in which the applicable project is located on at least the following:CommentsClose CommentsPermalink
`(i) The ecological success of the mitigation as of the date on which the report is submitted.CommentsClose CommentsPermalink
`(ii) The likelihood that the mitigation will achieve ecological success, as defined in the mitigation plan.CommentsClose CommentsPermalink
`(iii) The projected timeline for achieving that success.CommentsClose CommentsPermalink
`(iv) Any recommendations for improving the likelihood of success.CommentsClose CommentsPermalink
`(C) REPORTING- Not later than 60 days after the date of completion of the annual consultation, the Federal agencies consulted shall, and each State in which the project is located may, submit to the Secretary a report that describes the results of the consultation described in (B).`(D) ACTION BY SECRETARY- The Secretary shall respond in writing to the substance and recommendations contained in each report under subparagraph (C) by not later than 30 days after the date of receipt of the report.`(5) MONITORING- Mitigation monitoring shall continue until it has been demonstrated that the mitigation has met the ecological success criteria.'.CommentsClose CommentsPermalink
(db) Status Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Concurrent with the submission of the President to Congress of President's submission to Congress of the request of the PresidenPresident's request for appropriations for the Civil Works Program for a fiscal year, the Secretary shall submit to the Committee on the Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describingTransportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the status of construction of projects that require mitigation under section 906 of Water Resources Development Actthe Water Resources Development Act of 1986 (
(2) PROJECTS INCLUDED- The status report shall include the status of--CommentsClose CommentsPermalink
(A) all projects that are under construction as of the date of the report;CommentsClose CommentsPermalink
(B) all projects for which the President requests funding for the next fiscal year; andCommentsClose CommentsPermalink
(C) all projects that have undergone or completed construction, but have not completed the mitigation required under section 906 of the Water Resources Development Act of 1986 (
(3) AVAILABILITY OF INFORMATION- The Secretary shall make information contained in the recordkeeping system available to the public on the Internet.SEC. 2009. STATE TECHNICAL ASSISTANCE.Section 22 of the Water Resources Development Act of 1974 (
(c) PartnershipsWetlands Mitigation-CommentsClose CommentsPermalink
(1) IN GENERAL- In carrying out a water resources project that involves wetlands mitigation and that has impacts that occur within the service area of a mitigation bank, the Secretary, where appropriate, shall first consider the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605) or other applicable Federal law (including regulations).CommentsClose CommentsPermalink
(2) SERVICE AREA- To the maximum extent practicable, in carrying out activities under this section, the Secretary shall develop partnerships, including cooperative agreements with State, tribal, and local governments and other Federal agencies.(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $2,000,000 for each fiscal year.SEC. 2011. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL INTERESTS.(a) In General- Section 211(e)(6) of the Water Resources Development Act of 1996 (
(3) RESPONSIBILITY FOR MONITORING-CommentsClose CommentsPermalink
(A) IN GENERAL- Purchase of credits from a mitigation bank for a water resources project relieves the Secretary and the non-Federal interest may design and construct an alternative to such project.`(12) MENOMONEE RIVER WATERSHED, WISCONSIN- The project for the Menomonee River Watershed, Wisconsin, including--`(A) the Underwood Creek diversion facility project (Milwaukee County Grounds); and`(B) the Greater Milwaukee Rivers watershed project.'.SEC. 2012from responsibility for monitoring or demonstrating mitigation success.CommentsClose CommentsPermalink
(B) APPLICABILITY- The relief of responsibility under subparagraph (A) applies only in any case in which the Secretary determines that monitoring of mitigation success is being conducted by the Secretary or by the owner or operator of the mitigation bank.CommentsClose CommentsPermalink
SEC. 2037. REGIONAL SEDIMENT MANAGEMENT.CommentsClose CommentsPermalink
(a) In General- Section 204 of the Water Resources Development Act of 1992 (
`(a) In General-CommentsClose CommentsPermalink
In connection with`(1) SEDIMENT USE- For sediment obtained through the construction, operation, or maintenance of an authorized Federal water resources project, the Secretary, acting through the Chief of Engineers, shall develop Regional Sediment Management plans and carry out projects at locations identified in the plan prepared under subsection (e) shall develop, at Federal expense, regional sediment management plans and carry out projects at locations identified in plans developed under this section, or identified jointly by the non-Federal interest and the Secretary, for use in the construction, repair, modification, or rehabilitation of projects associated with Federal water resources projects, for--`(1) the protection of for purposes listed in paragraph (3).CommentsClose CommentsPermalink
`(2) COOPERATION- The Secretary shall develop plans under this subsection in cooperation with the appropriate Federal, State, regional, and local agencies.CommentsClose CommentsPermalink
`(3) PURPOSES FOR SEDIMENT USE IN PROJECTS- The purposes of using sediment for the construction, repair, modification, or rehabilitation of Federal water resources projects are--CommentsClose CommentsPermalink
`(A) to reduce storm damage to property;CommentsClose CommentsPermalink
`(2) the protection, restoration, and creation ofB) to protect, restore, and create aquatic and ecologically related habitats, including wetlands; andCommentsClose CommentsPermalink
`(3) theC) to transport and placement of suitable sediment.CommentsClose CommentsPermalink
`(b) Secretarial Findings- Subject to subsection (c), projects carried out under subsection (a) may be carried out in any case in which the Secretary finds that--CommentsClose CommentsPermalink
`(1) the environmental, economic, and social benefits of the project, both monetary and nonmonetary, justify the cost of the project; andCommentsClose CommentsPermalink
`(2) the project would notill not result in environmental degradation.CommentsClose CommentsPermalink
`(c) Determination of Planning and Project Costs-CommentsClose CommentsPermalink
`(1) IN GENERAL- In consultation and cooperation with the appropriate Federal, State, regional, and local agencies, the Secretary, acting through the Chief of Engineers, shall develop at Federal expense plans and projects for regional management of sediment obtained in conjunction with construction, operation, and maintenance of Federal water resources projects.`(2) COSTS OF CONSTRUCTION-CommentsClose CommentsPermalink
`(A) IN GENERAL- Costs associated with construction of a project under this section or identified in a Regional Sediment Mregional sediment management plan shall be limited solely to construction costs that are in excess of those costs necessary to carry out the dredging for construction, operation, or maintenance of an authorized Federal water resources project in the most cost-effective way, consistent with economic, engineering, and environmental criteria.CommentsClose CommentsPermalink
`(B) COST SHARING-CommentsClose CommentsPermalink
The determination of any`(i) IN GENERAL- Except as provided in clause (ii), the non-Federal share of the construction cost shall be based on the cost sharing as specifiof a project under this section shall be determined as provided in subsections (a) through (d) of section 103 of the Water Resources Development Act of 1986 (
`(ii) SPECIAL RULE- Construction of a project under this section for one or more of the purposes of protection, restoration, or creation of aquatic and ecologically related habitat, the cost of which does not exceed $750,000 and which is located in a disadvantaged community as determined by the Secretary, may be carried out at Federal expense.CommentsClose CommentsPermalink
`(C) TOTAL COST- The total Federal costs associated with construction of a project under this section may not exceed $5,000,000.CommentsClose CommentsPermalink
`(2) OPERATION, MAINTENANCE, REPLACEMENT, AND REHABILITATION COSTS- Operation, maintenance, replacement, and rehabilitation costs associated with a project are a non-Federal sponsor responsibilityunder this section are the responsibility of the non-Federal interest.CommentsClose CommentsPermalink
`(d) Selection of SedimentDredged Material Disposal Method for Environmental Purposes-CommentsClose CommentsPermalink
`(1) IN GENERAL- In developing and carrying out a Federal water resources project involving the disposal of material, the Secretary may dredged material, the Secretary may select, with the consent of the non-Federal interest, a disposal method that is not the least- cost option if the Secretary determines that the incremental costs of the disposal method are reasonable in relation to the environmental benefits, including the benefits to the aquatic environment to be derived from the creation of wetlands and control of shoreline erosion.CommentsClose CommentsPermalink
`(2) FEDERAL SHARE- The Federal share of such incremental costs shall be determined in accordance with subsection (c).CommentsClose CommentsPermalink
`(e) State and Regional Plans- The Secretary, acting through the Chief of Engineers, may--CommentsClose CommentsPermalink
`(1) cooperate with any State in the preparation of a comprehensive State or regional coastal sediment management plan within the boundaries of the State;CommentsClose CommentsPermalink
`(2) encourage State participation in the implementation of the plan; andCommentsClose CommentsPermalink
`(3) submit to Congress reports and recommendations with respect to appropriate Federal participation in carrying out the plan.CommentsClose CommentsPermalink
`(f) Priority Areas- In carrying out this section, the Secretary shall give priority to a regional sediment management projects in the vicinity of-- in the vicinity of each of the following:CommentsClose CommentsPermalink
`(1) Fire Island Inlet, Suffolk County, New York;`(2) Little Rock Slackwater Harbor, Arkansas.CommentsClose CommentsPermalink
`(2) Fletcher Cove, California;.CommentsClose CommentsPermalink
`(3) Delaware River Estuary, New Jersey and Pennsylvania; andEgmont Key, Florida.CommentsClose CommentsPermalink
`(4) Calcasieu Ship Channel, Louisiana.CommentsClose CommentsPermalink
`(5) Delaware River Estuary, New Jersey and Pennsylvania.CommentsClose CommentsPermalink
`(6) Fire Island Inlet, Suffolk County, New York.CommentsClose CommentsPermalink
`(7) Smith Point Park Pavilion and the TWA Flight 800 Memorial, Brookhaven, New York.CommentsClose CommentsPermalink
`(8) Morehead City, North Carolina.CommentsClose CommentsPermalink
`(9) Toledo Harbor, Lucas County, Ohio.CommentsClose CommentsPermalink
`(10) Galveston Bay, Texas.CommentsClose CommentsPermalink
`(11) Benson Beach, Washington.CommentsClose CommentsPermalink
`(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $15,000,000 during each fiscal year, to remain available until expended, for the Federal costs identified under subsection (c), of which up to $5,000,000 shall30,000,000 per fiscal year, of which not more than $5,000,000 per fiscal year may be used for the development of regional sediment management plans as provided inuthorized by subsection (e).`(h) Nonprofit Entities- Notwithstanding section 221 of the Flood Control Act of 1970 (
(b) Conforming Repeal-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 145 of the Water Resources Development Act of 1976 (
(2) EXISTING PROJECTS- The Secretary, acting through the Chief of Engineers, may complete any project being carried out under section 145 may complete any project being carried out under section 145 of the Water Resources Development Act of 1976 on the day before the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 2013SEC. 2038. NATIONAL SHORELINE EROSION CONTROL DEVELOPMENT PROGRAM.CommentsClose CommentsPermalink
(a) In General- Section 3 of the Act entitled `An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property', approved August 13, 1946 (
`(a) Construction of Small Shore and Beach Restoration and Protection Projects-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary may carry out a program for the construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with the first section of this Act if the Secretary determines that such construction is advisable.CommentsClose CommentsPermalink
`(2) LOCAL COOPERATION- The local cooperation requirement underof the first section of this Act shall apply to a project under this section.CommentsClose CommentsPermalink
`(3) COMPLETENESS- A project under this subsection--CommentsClose CommentsPermalink
`(A) shall be complete; andCommentsClose CommentsPermalink
`(B) shall not commit the United States to any additional improvement to ensure the successful operation of the project,; except for participation in periodic beach nourishment in accordance with--CommentsClose CommentsPermalink
`(i) the first section of this Act; andCommentsClose CommentsPermalink
`(ii) the procedure for projects authorized after submission of a survey report.CommentsClose CommentsPermalink
`(b) National Shoreline Erosion Control Development and Demonstration Program-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary, acting through the Chief of Engineers, shall conduct shall conduct under the program authorized by subsection (a) a national shoreline erosion control development and demonstration program (referred to in this section as the `demonstration program').CommentsClose CommentsPermalink
`(2) REQUIREMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The demonstration program shall include provisions for--CommentsClose CommentsPermalink
`(i) projects consisting of planning, design, construction, and adequate monitoring of prototype engineered and native and naturalized vegetative shoreline erosion control devices and methods;CommentsClose CommentsPermalink
`(ii) monitoring of the applicable prototypes;CommentsClose CommentsPermalink
`(iii) detailed engineering and environmental reports on the results of each project carried out under the demonstraton program; andCommentsClose CommentsPermalink
`(iiiv) technology transfers, as appropriate, to private property owners, State and local entities, nonprofit educational institutions, and nongovernmental organizations.CommentsClose CommentsPermalink
`(B) DETERMINATION OF FEASIBILITY- A project under this section shall not be carried out until the Secretary, acting through the Chief of Engineers,e demonstration program shall not be carried out until the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
`(C) EMPHASIS- A project carried out under theunder the demonstration program shall emphasize, to the maximum extent practicable--CommentsClose CommentsPermalink
`(i) the development and demonstration of innovative technologies;CommentsClose CommentsPermalink
`(ii) efficient designs to prevent erosion at a shoreline site, taking into account the lifecycle cost of the design, including cleanup, maintenance, and amortization;CommentsClose CommentsPermalink
`(iii) new and enhanced shore protection project design and project formulation tools the purposes of which are to improve the physical performance, and lower the lifecycle costs, of the projects;CommentsClose CommentsPermalink
`(iv) natural designs, including the use of native and naturalized vegetation or temporary structures that minimize permanent structural alterations to the shoreline;CommentsClose CommentsPermalink
`(v) the avoidance of negative impacts to adjacent shorefront communities;CommentsClose CommentsPermalink
`(vi) in areas with substantial residential or commercial interests located adjacent to the shoreline, designs that do not impair the aesthetic appeal of the interests;CommentsClose CommentsPermalink
`(vii) the potential for long-term protection afforded by the technology; andCommentsClose CommentsPermalink
`(viii) recommendations developed from evaluations of the program established under the Shoreline Erosion Control Demonstration Act of 1974 (
`(I) adequate consideration of the subgrade;CommentsClose CommentsPermalink
`(II) proper filtration;CommentsClose CommentsPermalink
`(III) durable components;CommentsClose CommentsPermalink
`(IV) adequate connection between units; andCommentsClose CommentsPermalink
`(V) consideration of additional relevant information.CommentsClose CommentsPermalink
`(D) SITES-CommentsClose CommentsPermalink
`(i) IN GENERAL- Each project under the program shalldemonstration program may be carried out at--CommentsClose CommentsPermalink
`(I) a privately owned site with substantial public access; orCommentsClose CommentsPermalink
`(II) a publicly owned site on open coast or in tidal waters.CommentsClose CommentsPermalink
`(ii) SELECTION- The Secretary, acting through the Chief of Engineers, shall develop shall develop criteria for the selection of sites for projects under the demonstration program, including criteria based on--CommentsClose CommentsPermalink
`(I) a variety of geographic and climatic conditions;CommentsClose CommentsPermalink
`(II) the size of the population that is dependent on the beaches for recreation or the protection of private property or public infrastructure;CommentsClose CommentsPermalink
`(III) the rate of erosion;CommentsClose CommentsPermalink
`(IV) significant natural resources or habitats and environmentally sensitive areas; andCommentsClose CommentsPermalink
`(V) significant threatened historic structures or landmarks.CommentsClose CommentsPermalink
`(3) CONSULTATION- The Secretary, acting through the Chief of Engineers, shall carry out the shall carry out the demonstration program in consultation with--CommentsClose CommentsPermalink
`(A) the Secretary of Agriculture, particularly with respect to native and naturalized vegetative means of preventing and controlling shoreline erosion;CommentsClose CommentsPermalink
`(B) Federal, State, and local agencies;CommentsClose CommentsPermalink
`(C) private organizations;CommentsClose CommentsPermalink
`(D) the Coastal Engineering Research Center established by the first section of
`(E) applicable university research facilities.CommentsClose CommentsPermalink
`(4) COMPLETION OF DEMONSTRATION- After carrying out the initial construction and evaluation of the performance and lifecycle cost of a demonstration project under this section, the Secretary, acting through the Chief of Engineers, may--`(A)cost of a project under the demonstration program, the Secretary may--CommentsClose CommentsPermalink
`(A) amend, at the request of a non-Federal interest of the project, amend the agreement for a federally-the partnership agreement for a federally authorized shore protection project in existence on the date on which initial construction of the demonstration project isproject under the demonstration program is complete to incorporate the demonstration projectproject constructed under the demonstration program as a feature of the shore protection project, with the future cost of the demonstration project to be determined by the cost-sharing ratiosharing of the project constructed under the demonstration program to be determined by the project purposes of the shore protection project; orCommentsClose CommentsPermalink
`(B) transfer all interest in and responsibility for the completed demonstration project to the non-Federal or other Federal agency interest of the project.`(5) AGREEMENTS- The Secretary, acting through the Chief of Engineers, may enter into an agreement with the non-Federal or other Federal agency interest of a project under this section--`(A) to share the costs of construction, operation, maintenance, and monitoring of a project underproject constructed under the demonstration program to a non-Federal interest or another Federal agency.CommentsClose CommentsPermalink
`(5) AGREEMENTS- The Secretary may enter into a partnership agreement with the non-Federal interest or a cooperative agreement with the head of another Federal agency under the demonstration program--CommentsClose CommentsPermalink
`(A) to share the costs of construction, operation, maintenance, and monitoring of a project under the demonstration program;CommentsClose CommentsPermalink
`(B) to share the costs of removing a project or project element constructed under the program, if the Secretary determines that the project or project element is detrimental tothe project, or element of the project if the Secretary determines that the project or element of the project is detrimental to public or private property, public infrastructure, or public safety; orCommentsClose CommentsPermalink
`(C) to specify ownership of a completed project that the Chief of Engineers determinesthe completed project if the Secretary determines that the completed project will not be part of a Corps of Engineers project.CommentsClose CommentsPermalink
`(6) REPORT- Not later than December 31 of each year beginning after the date of enactment of this paragraph, the Secretary , 2008, and every 3 years thereafter, the Secretary shall prepare and submit to the Committee on Environment and Public wWorks of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing--CommentsClose CommentsPermalink
`(A) the activities carried out and accomplishments made under the program during the preceding yeardemonstration program since the previous report under this paragraph; andCommentsClose CommentsPermalink
`(B) any recommendations of the Secretary relating to the program.CommentsClose CommentsPermalink
`(c) Authorization of Appropriations-CommentsClose CommentsPermalink
`(1) IN GENERAL- Subject to paragraph (2), the Secretary may expend, from any appropriations made available to the Secretary for the purpose of carrying out civil works, not more than $30,000,000 during any fiscal year to pay the Federal share of the costs of construction of small shore and beach restoration and protection projects or small projects under the programis section.CommentsClose CommentsPermalink
`(2) LIMITATION- The total amount expended for a project under this section shall--CommentsClose CommentsPermalink
`(A) be sufficient to pay the cost of Federal participation in the project (including periodic nourishment as provided for under the first section of this Act), as determined by the Secretary; andCommentsClose CommentsPermalink
`(B) be not more than $3,000,000.'.(b) 5,000,000.'.CommentsClose CommentsPermalink
(b) Repeal- Section 5 the Act entitled `An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property', approved August 13, 1946 (
SEC. 2014. SHORE PROTECTION PROJECTS.(a) In General- In accordance with the Act of July 3, 1930 (
(a) In General- In conducting a feasibility study for a project (or a component of a project) for ecosystem restoration, the Secretary shall ensure that the recommended project includes, as an integral part of the project, a plan for monitoring the success of the ecosystem restoration.CommentsClose CommentsPermalink
(b) Preference- In carrying out the policy, preference shall be given to--(1) areas in which there has been a Federal investment of funds; and(2) areas with respect to which the need for prevention or mitigation of damage to shores and beaches is attributable to Federal navigation projects or other Federal activitiesMonitoring Plan- The monitoring plan shall--CommentsClose CommentsPermalink
(1) include a description of the monitoring activities to be carried out, the criteria for ecosystem restoration success, and the estimated cost and duration of the monitoring; andCommentsClose CommentsPermalink
(2) specify that the monitoring shall continue until such time as the Secretary determines that the criteria for ecosystem restoration success will be met.CommentsClose CommentsPermalink
(c) Applicability- The Secretary shall apply the policy to each shore protection and beach renourishment project (including shore protection and beach renourishment projects in existence on the date of enactment of this Act).SEC. 2015. COST SHARING FOR MONITORING.(a) In General- Costs incurred for monitoring for an ecosystem restoration project shall be cost-shared--(1) in accordance with the formula relating to the applicable original construction project; and(2) for a maximum period of 10 years.(b) Aggregate Limitation- Monitoring costs for an ecosystem restoration project--(1) shall not exceed in the aggregate, for a 10-year period, an amount equal to 5 percent of the cost of the applicable original construction project; and(2) afterCost Share- For a period of 10 years from completion of construction of a project (or a component of a project) for ecosystem restoration, the Secretary shall consider the cost of carrying out the monitoring as a project cost. If the monitoring plan under subsection (b) requires monitoring beyond the 10-year period, shall be 100 percent non-Federal.SEC. 2016. ECOSYSTEM RESTORATION BENEFITS.For each of the following projects, the Corps of Engineers shall include ecosystem restoration benefits in the calculation of benefits for the project:(1) Grayson's Creek, California.(2) Seven Oaks, California.(3) Oxford, California.(4) Walnut Creek, California.(5) Wildcat Phase II, California.SEC. 2017. FUNDING TO EXPEDITE THE EVALUATION AND PROCESSING OF PERMITS.Section 214 of the Water Resources Development Act of 2000 (
SEC. 2040. ELECTRONIC SUBMISSION OF PERMIT APPLICATIONS.CommentsClose CommentsPermalink
(a) In General- Not later than 2 years after the date of enactment of this Act, the Secretary shall implement a program to allow electronic submission of permit applications for permits under the jurisdiction of the Corps of Engineers.(b) Secretary.CommentsClose CommentsPermalink
(b) Limitations- This section does not preclude the submission of a hard copy, as requiredphysical copy.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $3,000,000.CommentsClose CommentsPermalink
SEC. 2019. IMPROVEMENT OF WATER MANAGEMENT AT CORPS OF ENGINEERS RESERVOIRS.(a) In General- As part of the operation and maintenance, by the Corps of Engineers, of reservoirs in operation as of the date of enactment of this Act, the Secretary shall carry out the measures described in subsection (c) to support the water resource needs of project sponsors and any affected State, local, or tribal government for authorized project purposes.(b) Cooperation- The Secretary shall carry out the measures described in subsection (c) in cooperation and coordination with project sponsors and any affected State, local, or tribal government.(c) Measures- In carrying out this section, the Secretary may--(1) conduct a study to identify unused, underused, or additional water storage capacity at reservoirs;(2) review an operational plan and identify any change to maximize an authorized project purpose to improve water storage capacity and enhance efficiency of releases and withdrawal of water;(3) improve and update data, data collection, and forecasting models to maximize an authorized project purpose and improve water storage capacity and delivery to water users; and(4) conduct a sediment study and implement any sediment management or removal measure.(d) Revenues for Special Cases-(1) COSTS OF WATER SUPPLY STORAGE- In the case of a reservoir operated or maintained by the Corps of Engineers on the date of enactment of this Act, the storage charge for a future contract or contract renewal for the first cost of water supply storage at the reservoir shall be the lesser of the estimated cost of purposes foregone, replacement costs, or the updated cost of storage.(2) REALLOCATION- In the case of a water supply that is reallocated from another project purpose to municipal or industrial water supply, the joint use costs for the reservoir shall be adjusted to reflect the reallocation of project purposes.(3) CREDIT FOR AFFECTED PROJECT PURPOSES- In the case of a reallocation that adversely affects hydropower generation, the Secretary shall defer to the Administrator of the respective Power Marketing Administration to calculate the impact of such a reallocation on the rates for hydroelectric power.(e) Savings Clause- Nothing in this section affects any authority in existence on the date of enactment of this Act under--(1) the Water Supply Act of 1958 (72 Stat 319);(2) the Act of December 22, 1944 (commonly known as the `Flood Control Act of 1944') (58 Stat. 887, chapter 665);(3) the Water Resources Development Act of 1986 (100 Stat. 4082); or(4) section 322 of the Water Resource Development Act of 1990 (
(a) Project Tracking- The Secretary shall assign a unique tracking number to each water resources project under the jurisdiction of the Secretary, to be used by each Federal agency throughout the life of the project.CommentsClose CommentsPermalink
(b) Report Repository-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall maintain atprovide to the Library of Congress a copy of each final feasibility study, final environmental impact statement, final reevaluation report, record of decision, and report to Congress prepared by the Corps of Engineers.CommentsClose CommentsPermalink
(2) AVAILABILITY TO PUBLIC- (A) IN GENERAL- Each document described in paragraph (1) shall be made available to the public for review, and an electronic copy of each document shall be made permanently available to the public through the Internet website of the Corps of Engineers.(B) COST- The Secretary shall charge the requestor for the cost of duplication of the requested document.SEC. 2025.CommentsClose CommentsPermalink
SEC. 2042. PROGRAM ADMINISTRATION.CommentsClose CommentsPermalink
Sections 101, 106, and 108 of the Energy and Water Development Appropriations Act, 2006 (
SEC. 2026. EXTENSION OF SHORE PROTECTION PROJECTS.(a) In General- Before the date on which the applicable period for Federal financial participation in a shore protection project terminates, the Secretary, acting through the Chief of Engineers, is authorized to review the shore protection project to determine whether it would be feasible to extend the period of Federal financial participation relating to the project.(b) Report- The Secretary shall submit to Congress a report describing the results of each review conducted under subsection SEC. 2043. STUDIES AND REPORTS FOR WATER RESOURCES PROJECTS. CommentsClose CommentsPermalink
(a) .SEC. 2027. TRIBAL PARTNERSHIP PROGRAM.Section 203Studies-CommentsClose CommentsPermalink
(1) COST-SHARING REQUIREMENTS- Section 105(a) of the Water Resources Development Act of 1986 (
`(3) DETAILED PROJECT REPORTS- The requirements of this subsection that apply to a feasibility study also shall apply to a study that results in a detailed project report, except that--CommentsClose CommentsPermalink
`(A) the first $100,000 of the costs of a study that results in a detailed project report shall be a Federal expense; andCommentsClose CommentsPermalink
`(B) paragraph (1)(C)(ii) shall not apply to such a study.'.CommentsClose CommentsPermalink
(2) PLANNING AND ENGINEERING- Section 105(b) of such Act (
(3) DEFINITIONS- Section 105 of such Act (
`(d) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
`(1) DETAILED PROJECT REPORT- The term `detailed project report' means a report for a project not specifically authorized by Congress in law or otherwise that determines the feasibility of the project with a level of detail appropriate to the scope and complexity of the recommended solution and sufficient to proceed directly to the preparation of contract plans and specifications. The term includes any associated environmental impact statement and mitigation plan. For a project for which the Federal cost does not exceed $1,000,000, the term includes a planning and design analysis document.CommentsClose CommentsPermalink
`(2) FEASIBILITY STUDY- The term `feasibility study' means a study that results in a feasibility report under section 905, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a study that results in a project implementation report prepared under title VI of the Water Resources Development Act of 2000 (114 Stat. 2680-2694), a general reevaluation report, and a limited reevaluation report.'.CommentsClose CommentsPermalink
(b) Reports-CommentsClose CommentsPermalink
(1) PREPARATION- Section 905(a) of the Water Resources Development Act of 1986 (
(A) by striking `(a) In the case of any' and inserting the following:CommentsClose CommentsPermalink
`(a) Preparation of Reports-CommentsClose CommentsPermalink
`(1) IN GENERAL- In the case of any';CommentsClose CommentsPermalink
(B) by striking `the Secretary, the Secretary shall' and inserting `the Secretary that results in recommendations concerning a project or the operation of a project and that requires specific authorization by Congress in law or otherwise, the Secretary shall perform a reconnaissance study and';CommentsClose CommentsPermalink
(C) by striking `Such feasibility report' and inserting the following:CommentsClose CommentsPermalink
`(2) CONTENTS OF FEASIBILITY REPORTS- A feasibility report';CommentsClose CommentsPermalink
(D) by striking `The feasibility report' and inserting `A feasibility report'; andCommentsClose CommentsPermalink
(E) by striking the last sentence and inserting the following:CommentsClose CommentsPermalink
`(3) APPLICABILITY- This subsection shall not apply to--CommentsClose CommentsPermalink
`(A) any study with respect to which a report has been submitted to Congress before the date of enactment of this Act;CommentsClose CommentsPermalink
`(B) any study for a project, which project is authorized for construction by this Act and is not subject to section 903(b);CommentsClose CommentsPermalink
`(C) any study for a project which does not require specific authorization by Congress in law or otherwise; andCommentsClose CommentsPermalink
`(D) general studies not intended to lead to recommendation of a specific water resources project.CommentsClose CommentsPermalink
`(4) FEASIBILITY REPORT DEFINED- In this subsection, the term `feasibility report' means each feasibility report, and any associated environmental impact statement and mitigation plan, prepared by the Corps of Engineers for a water resources project. The term includes a project implementation report prepared under title VI of the Water Resources Development Act of 2000 (114 Stat. 2680-2694), a general reevaluation report, and a limited reevaluation report.'.CommentsClose CommentsPermalink
(2) PROJECTS NOT SPECIFICALLY AUTHORIZED BY CONGRESS- Section 905 of such Act is further amended--CommentsClose CommentsPermalink
(A) in subsection (b) by inserting `Reconnaissance Studies- ' before `Before initiating';CommentsClose CommentsPermalink
(B) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively;CommentsClose CommentsPermalink
(C) by inserting after subsection (b) the following:CommentsClose CommentsPermalink
`(B) watershed assessments and planning activities.'; and(2) in subsection (e), by striking `2006' and inserting `2012'.SEC. 2028c) Projects Not Specifically Authorized by Congress- In the case of any water resources project-related study authorized to be undertaken by the Secretary without specific authorization by Congress in law or otherwise, the Secretary shall prepare a detailed project report.';CommentsClose CommentsPermalink
(D) in subsection (d) (as so redesignated) by inserting `Indian Tribes- ' before `For purposes of'; andCommentsClose CommentsPermalink
(E) in subsection (e) (as so redesignated) by inserting `Standard and Uniform Procedures and Practices- ' before `The Secretary shall'.CommentsClose CommentsPermalink
SEC. 2044. COORDINATION AND SCHEDULING OF FEDERAL, STATE, AND LOCAL ACTIONS.CommentsClose CommentsPermalink
(a) Notice of Intent- Upon request of the non-Federal interest in the form of a written notice of intent to construct or modify a non-Federal water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, or navigation project that requires the approval of the Secretary, the Secretary shall initiate, subject to subsection (c), procedures to establish a schedule for consolidating Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and issuance of all permits for the construction or modification of the project. All States and Indian tribes having jurisdiction over the proposed project shall be invited by the Secretary, but shall not be required, to participate in carrying out this section with respect to the project.CommentsClose CommentsPermalink
(b) Coordination- The Secretary shall seek, to the extent practicable, to consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project and related activities. The Secretary shall notify, to the extent possible, the non-Federal interest of its responsibilities for data development and information that may be necessary to process each permit required for the project, including a schedule when the information and data should be provided to the appropriate Federal, State, or local agency or Indian tribe.CommentsClose CommentsPermalink
(c) Costs of Coordination- The costs incurred by the Secretary to establish and carry out a schedule to consolidate Federal, State, and local agency and Indian tribe environmental assessments, project reviews, and permit issuance for a project under this section shall be paid by the non-Federal interest.CommentsClose CommentsPermalink
(d) Report on Timesavings Methods- Not later than 3 years after the date of enactment of this section, the Secretary shall prepare and transmit to Congress a report estimating the time required for the issuance of all Federal, State, local, and tribal permits for the construction of non-Federal projects for water supply, wastewater infrastructure, flood damage reduction, storm damage reduction, ecosystem restoration, and navigation.CommentsClose CommentsPermalink
SEC. 2045. PROJECT STREAMLINING.CommentsClose CommentsPermalink
(a) Policy- The benefits of water resources projects are important to the Nation's economy and environment, and recommendations to Congress regarding such projects should not be delayed due to uncoordinated or inefficient reviews or the failure to timely resolve disputes during the development of water resources projects.CommentsClose CommentsPermalink
(b) Scope- This section shall apply to each study initiated after the date of enactment of this Act to develop a feasibility report under section 905 of the Water Resources Development Act of 1986 (
(c) Water Resources Project Review Process- The Secretary shall develop and implement a coordinated review process for the development of water resources projects.CommentsClose CommentsPermalink
(d) Coordinated Reviews- The coordinated review process under this section may provide that all reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal, State, or local government agency or Indian tribe for the development of a water resources project described in subsection (b) will be conducted, to the maximum extent practicable, concurrently and completed within a time period established by the Secretary in cooperation with the agencies identified under subsection (e) with respect to the project.CommentsClose CommentsPermalink
(e) Identification of Jurisdictional Agencies- With respect to the development of each water resources project, the Secretary shall identify, as soon as practicable, all Federal, State, and local government agencies and Indian tribes that may--CommentsClose CommentsPermalink
(1) have jurisdiction over the project;CommentsClose CommentsPermalink
(2) be required by law to conduct or issue a review, analysis, or opinion for the project; orCommentsClose CommentsPermalink
(3) be required to make a determination on issuing a permit, license, or approval for the project.CommentsClose CommentsPermalink
(f) State Authority- If the coordinated review process is being implemented under this section by the Secretary with respect to the development of a water resources project described in subsection (b) within the boundaries of a State, the State, consistent with State law, may choose to participate in the process and to make subject to the process all State agencies that--CommentsClose CommentsPermalink
(1) have jurisdiction over the project;CommentsClose CommentsPermalink
(2) are required to conduct or issue a review, analysis, or opinion for the project; orCommentsClose CommentsPermalink
(3) are required to make a determination on issuing a permit, license, or approval for the project.CommentsClose CommentsPermalink
(g) Memorandum of Understanding- The coordinated review process developed under this section may be incorporated into a memorandum of understanding for a water resources project between the Secretary, the heads of Federal, State, and local government agencies, Indian tribes identified under subsection (e), and the non-Federal interest for the project.CommentsClose CommentsPermalink
(h) Effect of Failure to Meet Deadline-CommentsClose CommentsPermalink
(1) NOTIFICATION- If the Secretary determines that a Federal, State, or local government agency, Indian tribe, or non-Federal interest that is participating in the coordinated review process under this section with respect to the development of a water resources project has not met a deadline established under subsection (d) for the project, the Secretary shall notify, within 30 days of the date of such determination, the agency, Indian tribe, or non-Federal interest about the failure to meet the deadline.CommentsClose CommentsPermalink
(2) AGENCY REPORT- Not later than 30 days after the date of receipt of a notice under paragraph (1), the Federal, State, or local government agency, Indian tribe, or non-Federal interest involved may submit a report to the Secretary, explaining why the agency, Indian tribe, or non-Federal interest did not meet the deadline and what actions it intends to take to complete or issue the required review, analysis, or opinion or determination on issuing a permit, license, or approval.CommentsClose CommentsPermalink
(3) REPORT TO CONGRESS- Not later than 30 days after the date of receipt of a report under paragraph (2), the Secretary shall compile and submit a report to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Council on Environmental Quality, describing any deadlines identified in paragraph (1), and any information provided to the Secretary by the Federal, State, or local government agency, Indian tribe, or non-Federal interest involved under paragraph (2).CommentsClose CommentsPermalink
(i) Limitations- Nothing in this section shall preempt or interfere with--CommentsClose CommentsPermalink
(1) any statutory requirement for seeking public comment;CommentsClose CommentsPermalink
(2) any power, jurisdiction, or authority that a Federal, State, or local government agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project; orCommentsClose CommentsPermalink
(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 and the regulations issued by the Council on Environmental Quality to carry out such Act.CommentsClose CommentsPermalink
SEC. 2046. PROJECT DEAUTHORIZATION.CommentsClose CommentsPermalink
Section 1001(b)(2) of the Water Resources Development Act of 1986 (
(1) in the first sentence--CommentsClose CommentsPermalink
(A) by striking `two years' and inserting `year';(2) I andCommentsClose CommentsPermalink
(B) by striking `7' and inserting `5';CommentsClose CommentsPermalink
(2) in the last sentence by striking `30 months after the date' and inserting `the last date of the fiscal year following the fiscal year in which'; andCommentsClose CommentsPermalink
(3) Iin the last sentence by striking `such 30 month period' and inserting `such period'.CommentsClose CommentsPermalink
(a) Hopper Dredge Mcfarland- Section 563 of the Water Resources Development Act of 1996 (
and
(2) in subsection (h), by striking `$25,000,000' and inserting `$30,000,000'.
SEC. 2035. PROJECTS TO ENHANCE ESTUARIES AND COASTAL HABITATS.
(a) In General- The Secretary may carry out an estuary habitat restoration project if the Secretary determines that the project--
(1) will improve the elements and features of an estuary (as defined in section 103 of the Estuaries and Clean Waters Act of 2000 (
(2) is in the public interest; and
(3) is cost-effective.
(b) Cost Sharing- The non-Federal share of the cost of construction of any project under this section--
(1) shall be 35 percent; and
(2) shall include the costs of all land, easements, rights-of-way, and necessary relocations.
(c) Agreements- Construction of a project under this section shall commence only after a non-Federal interest has entered into a binding agreement with the Secretary to pay--
(1) the non-Federal share of the costs of construction required under subsection (b); and
(2) in accordance with regulations promulgated by the Secretary, 100 percent of the costs of any operation, maintenance, replacement, or rehabilitation of the project.
(d) Limitation- Not more than $5,000,000 in Federal funds may be allocated under this section for a project at any 1 location.
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2011.
SEC. 2036. REMEDIATION OF ABANDONED MINE SITES.
Section 560 of the Water Resources Development Act of 1999 (
(1) by striking subsection (f);
(2) by redesignating subsections (a) through (e) as subsections (b) through (f), respectively;
(3) by inserting before subsection (b) (as redesignated by paragraph (2)) the following:
`(a) Definition of Non-Federal Interest- In this section, the term `non-Federal interest' includes, with the consent of the affected local government, nonprofit entities, notwithstanding section 221 of the Flood Control Act of 1970 (
`(1) place the Federal hopper dredge McFarland (referred to in this section as the `vessel') in a ready reserve status; andCommentsClose CommentsPermalink
`(2) use the vessel solely for urgent and emergency purposes in accordance with existing emergency response costs, natural resource damages, restitution, equitable relief, or any other relief.`(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section, for each of fiscal years 2008 through 2011, $20,000,000, to remain available until expended.'.SEC. 2037. SMALL PROJECTS FOR THE REHABILITATION AND REMOVAL OF DAMS.(a) Authorization-(1) IN GENERAL- The Secretary may carry out a small dam removal or rehabilitation project if the Secretary determines that the project will improve the quality of the environment or is in the public interest.(2) PRIORITY PROJECTS- In carrying out this section, the Secretary shall give priority to carrying out the following small dam removal or rehabilitation projects:(A) Mountain Park, Georgia.(B) Keith Creek, Rockford, Illinois.(C) Mount Zion Mill Pond Dam, Fulton County, Indiana.(D) Hamilton Dam, Flint River, Michigan.(E) Ingham Spring Dam, Solebury Township, Pennsylvania.(F) Stillwater Lake Dam, Monroe County, Pennsylvania.(b) Cost Sharing- A non-Federal interest shall provide 35 percent of the cost of the removal or remediation of any project carried out under this section, including provision of all land, easements, rights-of-way, and necessary relocations.(c) Agreements- Construction of a project under this section shall be commenced only after a non-Federal interest has entered into a binding agreement with the Secretary to pay--(1) the non-Federal share of the costs of construction required by this section; and(2) 100 percent of any operation and maintenance cost.(d) Cost Limitation- Not more than $5,000,000 in Federal funds may be allotted under this section for a project at any single location.(e) Funding- There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2008 through 2011.SEC. 2038. REMOTE, MARITIME-DEPENDENT COMMUNITIES.(a) In General- The Secretary shall develop eligibility criteria for Federal participation in navigation projects located in economically disadvantaged communities that are--(1) dependent on water transportation for subsistence; and(2) located in--(A) remote areas of the United States;(B) American Samoa;(C) Guam;(D) the Commonwealth of the Northern Mariana Islands;(E) the Commonwealth of Puerto Rico; or(F) the United States Virgin Islands.(b) Administration- The criteria developed under this section--(1) shall--(A) provide for economic expansion; and(B) identify opportunities for promoting economic growth; and(2) shall not require project justification solely on the basis of National Economic Development benefits received.SEC. 2039. AGREEMENTS FOR WATER RESOURCE PROJECTS.(a) Partnership Agreements- Section 221 of the Flood Control Act of 1970 (
`(b) Local Cooperation- Section 912(b) of the Water Resources Development Act of 1986 (100 Stat. 4190) is amended--(1) in paragraph (2)--(A) in the first sentence, by striking `shall' and inserting `may'; and(B) by striking the second sentence; and(2) in paragraph (4)--(A) in the first sentence--(i) by striking `injunction, for' and inserting `injunction and payment of liquidated damages, for'; and(ii) by striking `to collect a civil penalty imposed under this section,'; and(B) in the second sentence, by striking `any civil penalty imposed under this section,' and inserting `any liquidated damages,'.(c) Applicability-(1) IN GENERAL- Except as provided in paragraph (2), the amendments made by subsections (a) and (b) shall apply only to partnership agreements entered into after the date of enactment of this Act.(2) EXCEPTION- Notwithstanding paragraph (1), the district engineer for the district in which a project is located may amend the partnership agreement for the project entered into on or before the date of enactment of this Act--(A) at the request of a non-Federal interest for a project; and(B) if construction on the project has not been initiated as of the date of enactment of this Act.(d) References-(1) COOPERATION AGREEMENTS- Any reference in a law, regulation, document, or other paper of the United States to a cooperation agreement or project cooperation agreement shall be considered to be a reference to a partnership agreement or a project partnership agreement, respectively.(2) PARTNERSHIP AGREEMENTS- Any reference to a partnership agreement or project partnership agreement in this Act (other than in this section) shall be considered to be a reference to a cooperation agreement or a project cooperation agreement, respectively.SEC. 2040. PROGRAM NAMES.Section 205 of the Flood Control Act of 1948 (
`(1) IN GENERAL- The Secretary may establish working groups to assist the Committee in carrying out this section.(2) MEMBERSHIP- A working group under paragraph (1) shall be composed of--(A) members of the Committee; and(B) any other individual, as the Secretary determines to be appropriate.(e) Compensation of Members-(1) FEDERAL EMPLOYEES- A member of the Committee who is an officer or employee of the United States shall serve without compensation in addition to compensation received for the services of the member as an officer or employee of the United States.(2) OTHER MEMBERS- A member of the Committee who is not an officer or employee of the United States shall serve without compensation.(f) Travel Expenses-(1) REPRESENTATIVES OF FEDERAL AGENCIES- To the extent amounts are made available in advance in appropriations Acts, a member of the Committee who represents a Federal agency shall be reimbursed with appropriations for travel expenses by the agency of the member, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from home or regular place of business of the member in the performance of services for the Committee.(2) OTHER INDIVIDUALS- To the extent amounts are made available in advance in appropriations Acts, a member of the Committee who represents a State levee safety agency, a member of the Committee who represents the private sector, and a member of a working group created under subsection (d) shall be reimbursed for travel expenses by the Secretary, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter 1 of chapter 57 of title 5, United States Code, while away from home or regular place of business of the member in performance of services for the Committee.(g) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.SEC. 2054. NATIONAL LEVEE SAFETY PROGRAM.(a) In General- The Secretary, in consultation with the Committee and State levee safety agencies, shall establish and maintain a national levee safety program.(b) Purposes- The purposes of the program under this section are--(1) to ensure that new and existing levees are safe through the development of technologically and economically feasible programs and procedures for hazard reduction relating to levees;(2) to encourage appropriate engineering policies and procedures to be used for levee site investigation, design, construction, operation and maintenance, and emergency preparedness;(3) to encourage the establishment and implementation of effective levee safety programs in each State;(4) to develop and support public education and awareness projects to increase public acceptance and support of State levee safety programs;(5) to develop technical assistance materials for Federal and State levee safety programs;(6) to develop methods of providing technical assistance relating to levee safety to non-Federal entities; and(7) to develop technical assistance materials, seminars, and guidelines to improve the security of levees in the United States.(c) Strategic Plan- In carrying out the program under this section, the Secretary, in coordination with the Committee, shall prepare a strategic plan--(1) to establish goals, priorities, and target dates to improve the safety of levees in the United States;(2) to cooperate and coordinate with, and provide assistance to, State levee safety agencies, to the maximum extent practicable;(3) to share information among Federal agencies, State and local governments, and private entities relating to levee safety; and(4) to provide information to the public relating to risks associated with levee failure or overtopping.(d) Federal Guidelines-(1) IN GENERAL- In carrying out the program under this section, the Secretary, in coordination with the Committee, shall establish Federal guidelines relating to levee safety.(2) INCORPORATION OF FEDERAL ACTIVITIES- The Federal guidelines under paragraph (1) shall incorporate, to the maximum extent practicable, any activity carried out by a Federal agency as of the date on which the guidelines are established.(e) Incorporation of Existing Activities- The program under this section shall incorporate, to the maximum extent practicable--(1) any activity carried out by a State or local government, or a private entity, relating to the construction, operation, or maintenance of a levee; and(2) any activity carried out by a Federal agency to support an effort by a State levee safety agency to develop and implement an effective levee safety program.(f) Inventory of Levees- The Secretary shall develop, maintain, and periodically publish an inventory of levees in the United States, including the results of any levee assessment conducted under this section and inspection.(g) Assessments of Levees-(1) IN GENERAL- Except as provided in paragraph (2), as soon as practicable after the date of enactment of this Act, the Secretary shall conduct an assessment of each levee in the United States that protects human life or the public safety to determine the potential for a failure or overtopping of the levee that would pose a risk of loss of human life or a risk to the public safety.(2) EXCEPTION- The Secretary may exclude from assessment under paragraph (1) any non-Federal levee the failure or overtopping of which would not pose a risk of loss of human life or a risk to the public safety.(3) PRIORITIZATION- In determining the order in which to assess levees under paragraph (1), the Secretary shall give priority to levees the failure or overtopping of which would constitute the highest risk of loss of human life or a risk to the public safety, as determined by the Secretary.(4) DETERMINATION- In assessing levees under paragraph (1), the Secretary shall take into consideration the potential of a levee to fail or overtop because of--(A) hydrologic or hydraulic conditions;(B) storm surges;(C) geotechnical conditions;(D) inadequate operating procedures;(E) structural, mechanical, or design deficiencies; or(F) other conditions that exist or may occur in the vicinity of the levee.(5) STATE PARTICIPATION- On request of a State levee safety agency, with respect to any levee the failure of which would affect the State, the Secretary shall--(A) provide information to the State levee safety agency relating to the construction, operation, and maintenance of the levee; and(B) allow an official of the State levee safety agency to participate in the assessment of the levee.(6) REPORT- As soon as practicable after the date on which a levee is assessed under this section, the Secretary shall provide to the Governor of the State in which the levee is located a notice describing the results of the assessment, including--(A) a description of the results of the assessment under this subsection;(B) a description of any hazardous condition discovered during the assessment; and(C) on request of the Governor, information relating to any remedial measure necessary to mitigate or avoid any hazardous condition discovered during the assessment.(7) SUBSEQUENT ASSESSMENTS-(A) IN GENERAL- After the date on which a levee is initially assessed under this subsection, the Secretary shall conduct a subsequent assessment of the levee not less frequently than once every 5 years.(B) STATE ASSESSMENT OF NON-FEDERAL LEVEES-(i) IN GENERAL- Each State shall conduct assessments of non-Federal levees located within the State in accordance with the applicable State levee safety program.(ii) AVAILABILITY OF INFORMATION- Each State shall make the results of the assessments under clause (i) available for inclusion in the national inventory under subsection (f).(iii) NON-FEDERAL LEVEES-(I) IN GENERAL- On request of the Governor of a State, the Secretary may assess a non-Federal levee in the State.(II) COST- The State shall pay 100 percent of the cost of an assessment under subclause (I).(III) FUNDING- The Secretary may accept funds from any levee owner for the purposes of conducting engineering assessments to determine the performance and structural integrity of a levee.(h) State Levee Safety Programs-(1) ASSISTANCE TO STATES- In carrying out the program under this section, the Secretary shall provide funds to State levee safety agencies (or another appropriate State agency, as designated by the Governor of the State) to assist States in establishing, maintaining, and improving levee safety programs.(2) APPLICATION-(A) IN GENERAL- To receive funds under this subsection, a State levee safety agency shall submit to the Secretary an application in such time, in such manner, and containing such information as the Secretary may require.(B) INCLUSION- An application under subparagraph (A) shall include an agreement between the State levee safety agency and the Secretary under which the State levee safety agency shall, in accordance with State law--(i) review and approve plans and specifications to construct, enlarge, modify, remove, or abandon a levee in the State;(ii) perform periodic evaluations during levee construction to ensure compliance with the approved plans and specifications;(iii) approve the construction of a levee in the State before the date on which the levee becomes operational;(iv) assess, at least once every 5 years, all levees and reservoirs in the State the failure of which would cause a significant risk of loss of human life or risk to the public safety to determine whether the levees and reservoirs are safe;(v) establish a procedure for more detailed and frequent safety evaluations;(vi) ensure that assessments are led by a State-registered professional engineer with related experience in levee designroutine underway dredging tests of the equipment (not to exceed 70 days per year) of the vessel in a ready reserve status to ensure the ability of the vessel to perform urgent and emergency work.CommentsClose CommentsPermalink
`(2) MAINTENANCE- The Secretary--CommentsClose CommentsPermalink
`(A) shall not assign any scheduled hopper dredging work to the vessel other than dredging tests in the Delaware River and construction;(vii) issue notices, if necessary, to require owners of levees to perform necessary maintenance or remedial work, improve security, revise operating procedures, or take other actions, including breaching levees;(viii) contribute funds to--(I) ensure timely repairs or other changes to, or removal of, a leveeBay; butCommentsClose CommentsPermalink
`(B) shall perform any repairs, including any asbestos abatement, necessary to maintain the vessel in a ready reserve fully operational condition.CommentsClose CommentsPermalink
`(c) Active Status for Dredging- The Secretary, in consultation with affected stakeholders, shall place the vessel in active status in order to reduce the risk of loss of human life and the risk to public safety; and(II) if the owner of a levee does not take an action described in subclause (I), take appropriate action as expeditiously as practicable;(ix) establish a system of emergency procedures and emergency response plans to be used if a levee fails or if the failure of a levee is imminent;(x) identify--(I) each levee the failure of which could be reasonably expected to endanger human life;(II) the maximum area that could be flooded if a levee failed; and(III) necessary public facilities that would be affected by the flooding; and(xi) for the period during which the funds are provided, maintain or exceed the aggregate expenditures of the State during the 2 fiscal years preceding the fiscal year during which the funds are provided to ensure levee safety.(3) DETERMINATION OF SECRETARY-(A) IN GENERAL- Not later than 120 days after the date on which the Secretary receives an application under paragraph (2), the Secretary shall approve or disapprove the application.(B) NOTICE OF DISAPPROVAL- If the Secretary disapproves an application under subparagraph (A), the Secretary shall immediately provide to the State levee safety agencyperform dredging work if the Secretary determines that private industry has failed--CommentsClose CommentsPermalink
`(1) to submit a responsive and responsible bid for work advertised by the Secretary; orCommentsClose CommentsPermalink
`(2) to carry out a project as required pursuant to a written notice of the disapproval, including a description of--(i) the reasons for the disapproval; and(ii) changes necessary for approval of the application, if any.(C) FAILURE TO DETERMINE- If the Secretary fails to make a determination by the deadline under subparagraph (A), the application shall be considered to be approved.(4) REVIEW OF STATE LEVEE SAFETY PROGRAMS-(A) IN GENERAL- The Secretary, in conjunction with the Committee, may periodically review any program carried out using funds under this subsection.(B) INADEQUATE PROGRAMS- If the Secretary determines under a review under subparagraph (A) that a program is inadequate to reasonably protect human life and property, the Secretary shall, until the Secretary determines the program to be adequate--(i) revoke the approval of the program; and(ii) withhold assistance under this subsection.(i) Reporting- Not later than 90 days after the end of each odd-numbered fiscal year, the Secretary, in consultation with the Committee, shall submit to Congress a report describing--(1) the status of the program under this section;(2) the progress made by Federal agencies during the 2 preceding fiscal years in implementing Federal guidelines for levee safety;(3) the progress made by State levee safety agencies participating in the program; and(4) recommendations for legislative or other action that the Secretary considers to be necessary, if any.(j) Research- The Secretary, in coordination with the Committee, shall carry out a program of technical and archival research to develop and support--(1) improved techniques, historical experience, and equipment for rapid and effective levee construction, rehabilitation, and assessment or inspection;(2) the development of devices for the continued monitoring of levee safety;(3) the development and maintenance of information resources systems required to manage levee safety projects; and(4) public policy initiatives and other improvements relating to levee safety engineering, security, and management.(k) Participation by State Levee Safety Agencies- In carrying out the levee safety program under this section, the Secretary shall--(1) solicit participation from State levee safety agencies; and(2) periodically update State levee safety agencies and Congress on the status of the program.(l) Levee Safety Training- The Secretary, in consultation with the Committee, shall establish a program under which the Secretary shall provide training for State levee safety agency staff and inspectors to a State that has, or intends to develop, a State levee safety program, on request of the State.(m) Effect of Subtitle- Nothing in this subtitle--(1) creates any Federal liability relating to the recovery of a levee caused by an action or failure to act;(2) relieves an owner or operator of a levee of any legal duty, obligation, or liability relating to the ownership or operation of the levee; or(3) except as provided in subsection (g)(7)(B)(iii)(III), preempts any applicable Federal or State law.SEC. 2055. AUTHORIZATION OF APPROPRIATIONS.There are authorized to be appropriated to the Secretary--(1) $20,000,000 to establish and maintain the inventory under section 2054(f);(2) $42,000,000 to carry out levee safety assessments under section 2054(g);(3) to provide funds for State levee safety programs under section 2054(h)--(A) $15,000,000 for fiscal year 2007; and(B) $5,000,000 for each of fiscal years 2008 through 2011;(4) $2,000,000 to carry out research under section 2054(j);(5) $1,000,000 to carry out levee safety training under section 2054(l); and(6) $150,000 to provide travel expenses to members of the Committee under section 2053(f)contract between the industry and the Secretary.'.CommentsClose CommentsPermalink
(b) Hopper Dredges Essayons and Yaquina- Section 3(c)(7)(B) of the Act of August 11, 1888 (
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 3001. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.The Secretary shall carry out, on an emergency basis, necessary removal of rubble, sediment, and rock impeding the entrance to the St. Herman and St. Paul Harbors, Kodiak, Alaska, at a Federal cost of $2,000,000.SEC. 3002. SITKA, ALASKA.The Sitka, Alaska, element of the project for navigation, Southeast Alaska Harbors of Refuge, Alaska, authorized by section 101 of the Water Resources Development Act of 1992 (106 Stat. 4801), is modified to direct the Secretary to take such action as is necessary to correct design deficiencies in the Sitka Harbor Breakwater, at full Federal expense. The estimated cost is $6,300,000.SEC. 3003. BLACK WARRIOR-TOMBIGBEE RIVERS, ALABAMA.CommentsClose CommentsPermalink
Section 111 of title I of division C of the Consolidated Appropriations Act, 2005 (118 Stat. 2944), is amended by striking subsections (a) and (b) and inserting the following:`(a) is amended to read as follows:CommentsClose CommentsPermalink
`(a) Construction of New Facilities-CommentsClose CommentsPermalink
`(1) DEFINITIONS- In this subsection, the following definitions apply:CommentsClose CommentsPermalink
`(A) EXISTING FACILITY- The term `existing facility' means the administrative and maintenance facility for the project for Black Warrior-Tombigbee Rivers, Alabama, authorized by the first section of the River and Harbor Appropriations Act of July 5, 1884 (24 Stat. 141), in existence on the date of enactment of the Water Resources Development Act of 2007.CommentsClose CommentsPermalink
`(B) PARCEL- The term `Parcel' means the land owned by the Federal Government in the CCorps of Engineers serving as the operations and maintenance facility of the Corps of Engineers in the city of Tuscaloosa, Alabama, as in existence on the date of enactment of the Water Resources Development Act of 2007.CommentsClose CommentsPermalink
`(2) AUTHORIZATION- In carrying out the project for Black Warrior-Tombigbee Rivers, Alabama, the Secretary is authorized, at Federal expense--CommentsClose CommentsPermalink
`(A) to purchase land on which the Secretary may construct a new maintenance facility for the project, to be located--CommentsClose CommentsPermalink
`(i) at a different location from the existing facility; andCommentsClose CommentsPermalink
`(ii) in the vicinity of the Ccity of Tuscaloosa, Alabama;CommentsClose CommentsPermalink
`(B) at any time during or after the completion of, (and relocation to,) the new maintenance facility--`(i), to demolish the existing facility; andCommentsClose CommentsPermalink
`(ii) to carry out any necessary environmental clean-up of the Parcel, all at full Federal expense; and`(C) to construct on the Parcel a new administrative facility for the project.CommentsClose CommentsPermalink
`(b) Acquisition and Disposition of Property- The Secretary--CommentsClose CommentsPermalink
`(1) may acquire any real property necessary for the construction of the new maintenance facility under subsection (a)(2)(A); andCommentsClose CommentsPermalink
`(2) shall convey to the Ccity of Tuscaloosa fee simple title in and to any portion of the Parcel not required for construction of the new administrative facility under subsection (a)(2)(C) through--CommentsClose CommentsPermalink
`(A) sale at fair market value;CommentsClose CommentsPermalink
`(B) exchange of other Federalfor city of Tuscaloosa owned land on an acre-for-acre basis; orCommentsClose CommentsPermalink
`(C) another form of transfer.'.y combination of a sale under subparagraph (A) and an exchange under subparagraph (B).CommentsClose CommentsPermalink
`(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $32,000,000.'.CommentsClose CommentsPermalink
SEC. 3002. COOK INLET, ALASKA.CommentsClose CommentsPermalink
Section 118(a)(3) of the Energy and Water Development Appropriations Act, 2005 (title I of division C of the Consolidated Appropriations Act, 2005; 118 Stat. 2945) is amended by inserting `as part of the operation and maintenance of such project modification' after `by the Secretary'.CommentsClose CommentsPermalink
SEC. 3003. KING COVE HARBOR, ALASKA.CommentsClose CommentsPermalink
The maximum amount of Federal funds that may be expended for the project for navigation, King Cove Harbor, Alaska, being carried out under section 107 of the River and Harbor Act of 1960 (
SEC. 3004. NOGALES WASH AND TRIBUTARIES FLOOD CONTROL PROJECT, ARIZONA.The project for flood control, Nogales Wash and tributaries, Arizona, authorized by section 101(a)(4SEWARD HARBOR, ALASKA.CommentsClose CommentsPermalink
The project for navigation, Seward Harbor, Alaska, authorized by section 101(a)(3) of the Water Resources Development Act of 1990 (104 Stat. 4606; 110 Stat. 3711; 114 Stat. 2600), is modified to authorize the Secretary to construct the project at a total cost of $25,4109 (113 Stat. 274), is modified to authorize the Secretary to extend the existing breakwater by approximately 215 feet, at a total cost of $3,333,000, with an estimated Federal cost of $22,930,666,000 and an estimated non-Federal cost of $2,480,000.667,000.CommentsClose CommentsPermalink
SEC. 3005. SITKA, ALASKA.CommentsClose CommentsPermalink
The Sitka, Alaska, element of the project for navigation, Southeast Alaska Harbors of Refuge, Alaska, authorized by section 101(1) of the Water Resources Development Act of 1992 (106 Stat. 4801), is modified to direct the Secretary to take such action as is necessary to correct design deficiencies in the Sitka Harbor Breakwater at Federal expense. The estimated cost is $6,300,000.CommentsClose CommentsPermalink
SEC. 3006. TATITLEK, ALASKA.CommentsClose CommentsPermalink
The maximum amount of Federal funds that may be expended for the project for navigation, Tatitlek, Alaska, being carried out under section 107 of the River and Harbor Act of 1960 (
SEC. 3007. RIO DE FLAG, FLAGSTAFF, ARIZONA.CommentsClose CommentsPermalink
The project for flood damage reduction, Rio De Flag, Flagstaff, Arizona, authorized by section 101(b)(3) of the Water Resources Development Act of 2000 (114 Stat. 2576), is modified to authorize the Secretary to construct the project at a total cost of $54,100,000, with an estimated Federal cost of $35,000,000 and a non-Federal cost of $19,100,000.CommentsClose CommentsPermalink
SEC. 3006 SEC. 3008. NOGALES WASH AND TRIBUTARIES FLOOD CONTROL PROJECT, ARIZONA. CommentsClose CommentsPermalink
The project for flood control, Nogales Wash and tributaries, Arizona, authorized by section 101(a)(4) of the Water Resources Development Act of 1990 (104 Stat. 4606) and modified by section 303 of the Water Resources Development Act of 1996 (110 Stat. 3711) and section 302 of the Water Resources Development Act of 2000 (114 Stat. 2600), is modified to authorize the Secretary to construct the project at a total cost of $25,410,000, with an estimated Federal cost of $22,930,000 and an estimated non-Federal cost of $2,480,000.CommentsClose CommentsPermalink
SEC. 3009. TUCSON DRAINAGE AREA (TUCSON ARROYO), ARIZONA.CommentsClose CommentsPermalink
The project for flood damage reduction, environmental restoration, and recreation, Tucson Drainage Area (Tucson Arroyo)drainage area, Arizona, authorized by section 101(a)(5) of the Water Resources Development Act of 1999 (113 Stat. 274), is modified to authorize the Secretary to construct the project at a total cost of $66,700,000, with an estimated Federal cost of $43,350,000 and an estimated non-Federal cost of $23,350,000.CommentsClose CommentsPermalink
SEC. 3007. AUGUSTA AND CLARENDONSEC. 3010. OSCEOLA HARBOR, ARKANSAS.CommentsClose CommentsPermalink
The Secretary may carry out rehabilitation of authorized
(a) In General- The project for navigation, Osceola Harbor, Arkansas, constructed under section 107 of the River and Harbor Act of 1960 (
(b) Limitation on Statutory Construction- Nothing in this section shall be construed as affecting the responsibility of the Secretary to maintain the general navigation features of the project at a bottom width of 250 feet.CommentsClose CommentsPermalink
SEC. 3011. ST. FRANCIS RIVER BASIN, ARKANSAS AND MISSOURI.CommentsClose CommentsPermalink
The project for flood control, St. Francis River Basin, Arkansas and completed levees on the White River between Augusta and Clarendon, Arkansas, at a total estimated cost of $8,000,000, with an estimated Federal cost of $5,200,000 and an estimated non-Federal cost of $2,800,000.SEC. 3008. EASTERN ARKANSAS ENTERPRISE COMMUNITYMissouri, authorized by the Act of June 15, 1936 (49 Stat. 1508), is modified to authorize the Secretary to undertake channel stabilization and sediment removal measures on the St. Francis River and tributaries as a nonseparable element of the original project.CommentsClose CommentsPermalink
SEC. 3012. PINE MOUNTAIN DAM, ARKANSAS.CommentsClose CommentsPermalink
Federal assistance made available under the rural enterprise zone program of the Department of Agriculture may be used toward payment of the non-Federal share of the costs of the project described in section 219(c)(20) of the Water Resources Development Act of 1992 (106 Stat. 4835; 114 Stat. 2763A-219), if the funds are authorized to be used for the purpose of that project.SEC. 3009 The Pine Mountain Dam feature of the project for flood protection, Lee Creek, Arkansas and Oklahoma, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1078), is modified-- CommentsClose CommentsPermalink
(1) to add environmental restoration as a project purpose; andCommentsClose CommentsPermalink
(2) to direct the Secretary to finance the non-Federal share of the cost of the project, including treatment and distributions components, over a 30-year period in accordance with section 103(k) of the Water Resources Development Act of 1986 (
SEC. 3013. RED-OUACHITA RIVER BASIN LEVEES, ARKANSAS AND LOUISIANA.CommentsClose CommentsPermalink
(a) In General- Section 204 of the Flood Control Act of 1950 (64 Stat. 1703) is amended in the matter under the heading `RED-OUACHITA RIVER BASIN' by striking `improvements at Calion, Arkansas' and inserting `improvements at Calion, Arkansas (including authorization for the comprehensive flood-control project for Ouachita River and tributaries, incorporating in the project all flood control, drainage, and power improvements in the basin above the lower end of the left bank Ouachita River levee)'.CommentsClose CommentsPermalink
(b) Modification- Section 3 of the Flood Control Act of August 18, 1941 (55 Stat. 642, chapter 377), is amended in the second sentence of subsection (a) in the matter under the heading `LOWER MISSISSIPPI RIVER' by inserting before the period at the end the following: `Provided, T; except that the Ouachita River Levees, Louisiana, authorized by the first section of the Mississippi River Flood Control Act of May 15, 1928 (45 Stat. 534, chapter 569), shall remain as a component of the Mississippi River and Tributaries Project and afforded operation and maintenance responsibilities as directed inprovided under section 3 of that Act (45 Stat. 535)'.CommentsClose CommentsPermalink
SEC. 3010. ST. FRANCIS BASIN, ARKANSAS AND MISSOURI.(a) In General- The project for flood control, St. Francis River Basin, Arkansas, and Missouri, authorized the Act of June 15, 1936 (49 Stat. 1508, chapter 548), as modified, is further modified to authorize the Secretary to undertake channel stabilization and sediment removal measures on the St. Francis River and tributaries as an integral part of the original project.(b) No Separable Element- The measures undertaken under subsection (a) shall not be considered to be a separable element of the project.SEC. 3011. ST. FRANCIS BASIN LAND TRANSFER, ARKANSAS AND MISSOURI.(a) In General- The Secretary shall convey to the State of Arkansas, without monetary consideration and subject to subsection (b), all right, title, and interest to land within the State acquired by the Federal Government as mitigation land for the project for flood control, St. Francis Basin, Arkansas and Missouri Project, authorized by the Act of May 15, 1928 (
(a) In General- The project for flood control, Cache Creek Basin, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4112), is modified to direct the Secretary to mitigate the impacts of the new south levee of the Cache Creek settling basin on the storm drainage system of the city of Woodland, including all appurtenant features, erosion control measures, and environmental protection features.CommentsClose CommentsPermalink
(b) Objectives- Mitigation under subsection (a) shall restore the pre-project capacity of the city (project capacity of the city of Woodland to release 1,360 cubic feet per second) to release of water to the Yolo Bypass, including and shall include--CommentsClose CommentsPermalink
(1) channel improvements;CommentsClose CommentsPermalink
(2) an outlet work through the west levee of the Yolo Bypass; andCommentsClose CommentsPermalink
(3) a new low flow cross channel to handle city and county storm drainage and settling basin flows (1,760 cubic feet per second) when the Yolo Bypass is in a low flow condition.CommentsClose CommentsPermalink
SEC. 3014SEC. 3015. CALFED LEVEE STABILITY PROGRAM, CALIFORNIA.CommentsClose CommentsPermalink
(a) Amendments- Section 103(f)(3) of the Water Supply, Reliability, and Environmental Improvement Act (118 Stat. 1695-1696) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A) by striking `within the Delta (as defined in Cal. Water Code 12220)';CommentsClose CommentsPermalink
(2) by striking subparagraph (C) and inserting the following:CommentsClose CommentsPermalink
`(C) JUSTIFICATION-CommentsClose CommentsPermalink
`(i) IN GENERAL- Notwithstanding section 209 of the Flood Control Act of 1970 (
`(ii) APPLICABILITY- Clause (i) shall not apply to any separable element intended to produce benefits that are predominantly unrelated to the project purposes described in subparagraph (A).'; andCommentsClose CommentsPermalink
(3) in subparagraph (D)(i) by inserting `as described in the Record of Decision' after `
(b) Additional Authorization of Appropriations- In addition to funds made available pursuant to the Water Supply, Reliability, and Environmental Improvement Act (
SEC. 3015 SEC. 3016. COMPTON CREEK, CALIFORNIA. CommentsClose CommentsPermalink
The project for flood control, Los Angeles Drainage Area, California, authorized by section 101(b) of the Water Resources Development Act of 1990 (104 Stat. 4611), is modified to add environmental restoration and recreation as project purposes.CommentsClose CommentsPermalink
SEC. 3017. GRAYSON CREEK/MURDERER'S CREEK, CALIFORNIA.CommentsClose CommentsPermalink
The project for aquatic ecosystem restoration, Grayson Creek/Murderer's Creek, California, being carried out under section 206 of the Water Resources Development Act of 1996 (
(1) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
(2) to authorize the Secretary to consider national ecosystem restoration benefits in determining the Federal interest in the project.CommentsClose CommentsPermalink
SEC. 3018. HAMILTON AIRFIELD, CALIFORNIA.CommentsClose CommentsPermalink
The project for environmental restoration, Hamilton Airfield, California, authorized by section 101(b)(3) of the Water Resources Development Act of 1999 (113 Stat. 279), is modified to include the diked bayland parcel known as `Bel Marin Keys Unit V' at an estimated total cost of $221,7direct the Secretary to construct the project substantially in accordance with the report of the Chief of Engineers dated July 19, 2004, at a total cost of $228,100,000, with an estimated Federal cost of $166,271,100,000 and an estimated non-Federal cost of $55,500,000, as part of the project to be carried out by the Secretary substantially in accordance with the plans, and subject to the conditions, recommended in the final report of the Chief of Engineers dated July 19, 2004.SEC. 3016. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE DESIGNATION, CALIFORNIA.Section 102(c)(4) of the Marine Protection, Research, and Sanctuaries Act of 1972 (337,000,000.CommentsClose CommentsPermalink
SEC. 3019. JOHN F. BALDWIN SHIP CHANNEL AND STOCKTON SHIP CHANNEL, CALIFORNIA.CommentsClose CommentsPermalink
The project for navigation, San Francisco to Stockton, California, authorized by section 301 of the River and Harbor Act of 1965 (79 Stat. 1091) is modified--CommentsClose CommentsPermalink
(1) to provide that the non-Federal share of the cost of the John F. Baldwin Ship Channel and Stockton Ship Channel element of the project may be provided in the form of in-kind services and materials; andCommentsClose CommentsPermalink
(2) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3020. KAWEAH RIVER, CALIFORNIA.CommentsClose CommentsPermalink
The project for flood control, Terminus Dam, Kaweah River, California, authorized by section 101(b)(5) of the Water Resources Development Act of 1996 (110 Stat. 3658), is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3021. LARKSPUR FERRY CHANNEL, CALIFORNIA.(a) Report- The project for navigation, LARKSPUR, CALIFORNIA.CommentsClose CommentsPermalink
The project for navigation, Larkspur Ferry Channel, Larkspur, California, authorized by section 601(d) of the Water Resources Development Act of 1986 (100 Stat. 4148), is modified to direct the Secretary to prepare a limited reevaluation report to determine whether maintenance of the project is feasible.(b) Authorization of Project- If the Secretary determines that maintenance of the project is feasible, the Secretary shall carry out the maintenance.SEC. 3018. LLAGAS CREEK, CALIFORNIA.The project for flood damage reduction, , and if the Secretary determines that maintenance of the project is feasible, to carry out such maintenance.CommentsClose CommentsPermalink
SEC. 3022. LLAGAS CREEK, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The project for flood damage reduction, Llagas Creek, California, authorized by section 501(a) of the Water Resources Development Act of 1999 (113 Stat. 333), is modified to authorize the Secretary to complete the project, in accordance with the requirements of local cooperation as specified in section 5 of the Watershed Protection and Flood Prevention Act (
SEC. 3019. MAGPIE CREEK, CALIFORNIA. (b) Special Rule- In evaluating and implementing the project, the Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) if the detailed project report evaluation indicates that applying such section is necessary to implement the project. CommentsClose CommentsPermalink
SEC. 3023. MAGPIE CREEK, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The project for Magpie Creek, California, authorized by section under section 205 of the Flood Control Act of 1948 (
SEC. 3020
(b) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(c) Cost- The maximum amount of Federal funds that may be expended for the project referred to in subsection (a) shall be $10,000,000.CommentsClose CommentsPermalink
SEC. 3024. PACIFIC FLYWAY CENTER, SACRAMENTO, CALIFORNIA.CommentsClose CommentsPermalink
The project for aquatic ecosystem restoration, Pacific Flyway Center, Sacramento, California, being carried out under section 206 of the Water Resources Development Act of 1996 (
SEC. 3025. PETALUMA RIVER, PETALUMA, CALIFORNIA.CommentsClose CommentsPermalink
The project for flood damage reduction, Petaluma River, Petaluma, California, authorized by section 112 of the Water Resources Development Act of 2000 (114 Stat. 2587), is modified to authorize the Secretary to construct the project at a total cost of $41,500,000, with an estimated Federal cost of $26,975,000 and an estimated non-Federal cost of $14,525,000.CommentsClose CommentsPermalink
SEC. 3021. PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA.(a) Cooperative Program-(1) IN GENERAL- The Secretary shall participate with appropriate State and local agencies in the implementation of a cooperative program to improve and manage fisheries and aquatic habitat conditions in Pine Flat Reservoir and in the 14-mile reach of the Kings River immediately below Pine Flat Dam, California, in a manner that--(A) provides for long-term aquatic resource enhancement; and(B) avoids adverse effects on water storage and water rights holders.(2) GOALS AND PRINCIPLES- The cooperative program described in paragraph (1) shall be carried out--(A) substantially in accordance with the goals and principles of the document entitled `Kings River Fisheries Management Program Framework Agreement' and dated May 29, 1999, between the California Department of Fish and Game and the Kings River Water Association and the Kings River Conservation District; and(B) in cooperation with the parties to that agreement.(b) Participation by Secretary-(1) IN GENERAL- In furtherance of the goals of the agreement described in subsection (a)(2), the Secretary shall participate in the planning, design, and construction of projects and pilot projects on the Kings River and its tributaries to enhance aquatic habitat and water availability for fisheries purposes (including maintenance of a trout fishery) in accordance with flood control operations, water rights, and beneficial uses in existence as of the date of enactment of this Act.(2) PROJECTS- Projects referred to in paragraph (1) may include--(A) projects to construct or improve pumping, conveyance, and storage facilities to enhance water transfers; and(B) projects to carry out water exchanges and create opportunities to use floodwater within and downstream of Pine Flat Reservoir.(c) No Authorization of Certain Dam-Related Projects- Nothing in this section authorizes any project for the raising of Pine Flat Dam or the construction of a multilevel intake structure at Pine Flat Dam.(d) Use of Existing Studies- In carrying out this section, the Secretary shall use, to the maximum extent practicable, studies in existence on the date of enactment of this Act, including data and environmental documentation in the document entitled `Final Feasibility Report and Report of the Chief of Engineers for Pine Flat Dam Fish and Wildlife Habitat Restoration' and dated July 19, 2002.(e) Cost Sharing-(1) PROJECT PLANNING, DESIGN, AND CONSTRUCTION- The Federal share of the cost of planning, design, and construction of a project under subsection (b) shall be 65 percent.(2) NON-FEDERAL SHARE-(A) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The Secretary shall credit SEC. 3026. PINOLE CREEK, CALIFORNIA. CommentsClose CommentsPermalink
The project for improvement of the quality of the environment, Pinole Creek Phase I, California, being carried out under section 1135 of the Water Resources Development Act of 1986 (
SEC. 3027. PRADO DAM, CALIFORNIA.CommentsClose CommentsPermalink
Upon completion of the modifications to the Prado Dam element of the project for flood control, Santa Ana River Mainstem, California, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4113), the Memorandum of Agreement for the Operation for Prado Dam for Seasonal Additional Water Conservation between the Department of the Army and the Orange County Water District (including all the conditions and stipulations in the memorandum) shall remain in effect for volumes of water made available prior to such modifications.CommentsClose CommentsPermalink
SEC. 3028. REDWOOD CITY NAVIGATION PROJECTCHANNEL, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary may dredge the Redwood City Navigation Channel, California, on an annual basis, to maintain the authorized depth of -30 feet mean lower low water.CommentsClose CommentsPermalink
SEC. 3023SEC. 3029. SACRAMENTO AND AMERICAN RIVERS FLOOD CONTROL, CALIFORNIA.CommentsClose CommentsPermalink
(a) Credit for Non-Federal Work-(1) IN GENERAL- The Secretary shall provide credit to the Sacramento Area Flood Control Agency, in the amount of $20,503,000, for the nonreimbursed Federal share of costs incurred by the Agency in connection with tNatomas Levee Features-CommentsClose CommentsPermalink
(1) IN GENERAL- The project for flood control and recreation, Sacramento and American Rivers, California (Natomas Levee features), authorized by section 9159 of the Department of Defense Appropriations Act, 1993 (106 Stat. 1944).(2) , is modified to direct the Secretary to credit $20,503,000 to the Sacramento Area Flood Control Agency for the nonreimbursed Federal share of costs incurred by the Agency in connection with the project.CommentsClose CommentsPermalink
(2) ALLOCATION OF CREDIT- The Secretary shall allocate the amount to be credited underpursuant to paragraph (1) toward the non-Federal share of such projects as are requested by the Sacramento Area Flood Control Agency.CommentsClose CommentsPermalink
(3) NO REIMBURSEMENT- An amount credited under this subsection shall not be available for reimbursement.(b) Project for Flood Control-(1) IN GENERAL- The project b) Joint Federal Project at Folsom Dam-CommentsClose CommentsPermalink
(1) IN GENERAL- The project for flood control, American and Sacramento Rivers, California, authorized by section 101(a)(6)(A) of the Water Resources Development Act of 1999 (113 Stat. 274), as and modified by section 128 of the Energy and Water Development Appropriations Act, 2006 (119 Stat. 2259), is further modified to authorize the Secretary to construct the auxiliary spillway generally in accordance with the Post Authorization Change Report, American River Watershed Project (Folsom Dam Modification and Folsom Dam Raise Projects), dated March 2007, at a total cost of $683,000,000, with an estimated Federal cost of $444,000,000 and an estimated non-Federal cost of $239,000,000.CommentsClose CommentsPermalink
(2) DAM SAFETY- Nothing in this section ubsection limits the authority of the Secretary of the Interior to carry out dam safety activities in connection with the auxiliary spillway in accordance with the Bureau of Reclamation Safety of Dams Psafety of dams program.CommentsClose CommentsPermalink
(3) TRANSFER OF FUNDS-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary and the Secretary of the Interior are authorized to transfer between the Department of the Army and the Department of the Interior appropriated amounts and other available funds (including funds contributed by non-Federal interests) for the purpose of planning, design, and construction of the auxiliary spillway.CommentsClose CommentsPermalink
(B) TERMS AND CONDITIONS- Any transfer made pursuant to this subsection shall be subject to such terms and conditions as may be agreed on by the Secretary and the Secretary of the Interior.CommentsClose CommentsPermalink
SEC. 3024 SEC. 3030. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA. CommentsClose CommentsPermalink
The project for navigation, Sacramento Deep Water Ship Channel, California, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4092), is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3031. SACRAMENTO RIVER BANK PROTECTION PROJECT, CALIFORNIA.CommentsClose CommentsPermalink
Section 202 of the River Basin Monetary Authorization Act of 1974 (88 Stat. 49) is amended by striking `and the monetary authorization' and all that follows through the end of the section and inserting `period at the end and inserting `; except that the lineal feet in the second phase shall be increased from 405,000 lineal feet to 485,000 lineal feet.'.CommentsClose CommentsPermalink
SEC. 3025. CONDITIONAL DECLARATION OF NONNAVIGABILITY, PORT OF SAN FRANCISCO, CALIFORNIA.(a) Conditional Declaration of Nonnavigability- If the Secretary determines, in consultation with appropriate Federal and non-Federal entities, that projects proposed to be carried out by non-Federal entities within the portions of the San Francisco, California, waterfront described in subsection (b) are in the public interest, the portions shall be declared not to be navigable water of the United States for the purposes of section 9 of the Act of March 3, 1899 (
(a) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
(1) SALTON SEA AUTHORITY- The term `Salton Sea Authority' means the Joint Powers Ajoint powers authority established under the laws of the State of California by a joint power agreement signed on June 2, 1993.CommentsClose CommentsPermalink
(2) SALTON SEA SCIENCE OFFICE- The term `Salton Sea Science Office' means the Ooffice established by the United States Geological Survey and currently locatedlocated on the date of enactment of this Act in La Quinta, California.CommentsClose CommentsPermalink
(3) STATE- The term `State' means the State of California.CommentsClose CommentsPermalink
(b) Pilot Projects-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) REVIEW- The Secretary shall review the preferred restoration concept plan approved by the Salton Sea Authority to determine whether the pilot projects are economically justified, technically sound, environmentally acceptable, and meet the objectives of the lan approved by the State, entitled the `Salton Sea Reclamation Act (
(B) IMPLEMENTATION-CommentsClose CommentsPermalink
If the Secretary determines that the pilot projects meet the requirements of subparagraph (A), the Secretary may enter into an agreement with the (i) IN GENERAL- Subject to clause (ii), if the Secretary determines that the pilot projects referred to in subparagraph (A) meet the requirements described in that subparagraph, the Secretary may-- CommentsClose CommentsPermalink
(I) enter into an agreement with the State; andCommentsClose CommentsPermalink
(II) in consultation with the Salton Sea Authority and, in consultation with the Salton Sea Science Office, carry out pilot projects for improvement of the environment in the area of the Salton Sea, except that t.CommentsClose CommentsPermalink
(ii) REQUIREMENT- The Secretary shall be a party to each contract for construction under this subsectionentered into under this subparagraph.CommentsClose CommentsPermalink
(2) LOCAL PARTICIPATION- In prioritizing pilot projects under this section, the Secretary shall--CommentsClose CommentsPermalink
(A) consult with the State, the Salton Sea Authority, and the Salton Sea Science Office; andCommentsClose CommentsPermalink
(B) consider the priorities oftake into consideration the priorities of the State and the Salton Sea Authority.CommentsClose CommentsPermalink
(3) COST SHARING- Before carrying out a pilot project under this section, the Secretary shall enter into a written agreement with the Salton Sea Authoritytate that requires the non-Federal interest to--(A)for the pilot project to pay 35 percent of the total costs of the pilot project;(B) provide any land, easements, rights-of-way, relocations, and dredged material disposal areas necessary to carry out the pilot project; and(C) hold the United States harmless from any claim or damage that may arise from carrying out the pilot project, except any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out subsection (b) $30,000,000, of which not more than $5,000,000 may be used for any 1shall be used for any one pilot project under this section.CommentsClose CommentsPermalink
SEC. 3027 SEC. 3033. SANTA ANA RIVER MAINSTEM, CALIFORNIA. CommentsClose CommentsPermalink
The project for flood control, Santa Ana River Mainstem (including Santiago Creek, California), authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4113) and modified by section 104 of the Energy and Water Development Appropriation Act, 1988 (101 Stat. 1329-111) and section 309 of the Water Resources Development Act of 1996 (110 Stat. 3713), is further modified to authorize the Secretary to carry out the project at a total cost of $1,800,000,000 and to clarify that the Santa Ana River Interceptor Line is an element of the project.CommentsClose CommentsPermalink
SEC. 3034. SANTA BARBARA STREAMS, LOWER MISSION CREEK, CALIFORNIA.CommentsClose CommentsPermalink
The project for flood damage reduction, Santa Barbara Sstreams, Lower Mission Creek, California, authorized by section 101(b)(8) of the Water Resources Development Act of 2000 (114 Stat. 2577), is modified to authorize the Secretary to construct the project at a total cost of $30,000,000, with an estimated Federal cost of $15,000,000 and an estimated non-Federal cost of $15,000,000.CommentsClose CommentsPermalink
SEC. 3028 SEC. 3035. SANTA CRUZ HARBOR, CALIFORNIA. CommentsClose CommentsPermalink
The project for navigation, Santa Cruz Harbor, California, authorized by section 101 of the River and Harbor Act of 1958 (72 Stat. 300) and modified by section 809 of the Water Resources Development Act of 1986 (100 Stat. 4168) and section 526 of the Water Resources Development Act of 1999 (113 Stat. 346), is modified to direct the Secretary--CommentsClose CommentsPermalink
(1) to renegotiate the memorandum of agreement with the non-Federal interest to increase the annual payment to reflect the updated cost of operation and maintenance that is the Federal and non-Federal share as provided by law based on the project purpose; andCommentsClose CommentsPermalink
(2) to revise the memorandum of agreement to include terms that revise such payments for inflation.CommentsClose CommentsPermalink
SEC. 3036. SEVEN OAKS DAM, CALIFORNIA.CommentsClose CommentsPermalink
The project for flood control, Santa Ana Mainstem, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4113) and modified by section 104 of the Energy and Water Development Appropriations Act, 1988 (101 Stat. 1329-11), section 102(e) of the Water Resources Development Act of 1990 (104 Stat. 4611), and section 311 of the Water Resources Development Act of 1996 (110 Stat. 3713), is modified to direct the Secretary--CommentsClose CommentsPermalink
(1) to include ecosystem restoration benefits in the calculation of benefits for the Seven Oaks Dam, California, portion of the project; andCommentsClose CommentsPermalink
(2) to conduct a study of water conservation and water quality at the Seven Oaks Dam.CommentsClose CommentsPermalink
SEC. 3037. UPPER GUADALUPE RIVER, CALIFORNIA.CommentsClose CommentsPermalink
The project for flood damage reduction and recreation, Upper Guadalupe River, California, authorized by section 101(a)(9) of the Water Resources Development Act of 1999 (113 Stat. 275), is modified to authorize the Secretary to construct the project generally in accordance with the Upper Guadalupe River Flood Damage Reduction, San Jose, California, Limited Reevaluation Report, dated March, 2004, at a total cost of $244,556,000,000, with an estimated Federal cost of $130,66,700,000 and an estimated non-Federal cost of $113,900,000.SEC. 30299,300,000.CommentsClose CommentsPermalink
SEC. 3038. WALNUT CREEK CHANNEL, CALIFORNIA.CommentsClose CommentsPermalink
The project for aquatic ecosystem restoration, Walnut Creek Channel, California, being carried out under section 206 of the Water Resources Development Act of 1996 (
(1) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
(2) to authorize the Secretary to consider national ecosystem restoration benefits in determining the Federal interest in the project.CommentsClose CommentsPermalink
SEC. 3039. WILDCAT/SAN PABLO CREEK PHASE I, CALIFORNIA.CommentsClose CommentsPermalink
The project for improvement of the quality of the environment, Wildcat/San Pablo Creek Phase I, California, being carried out under section 1135 of the Water Resources Development Act of 1986 (
SEC. 3040. WILDCAT/SAN PABLO CREEK PHASE II, CALIFORNIA.CommentsClose CommentsPermalink
The project for aquatic ecosystem restoration, Wildcat/San Pablo Creek Phase II, California, being carried out under section 206 of the Water Resources Development Act of 1996 (
SEC. 3041. YUBA RIVER BASIN PROJECT, CALIFORNIA.CommentsClose CommentsPermalink
The project for flood damage reduction, Yuba River Basin, California, authorized by section 101(a)(10) of the Water Resources Development Act of 1999 (113 Stat. 275), is modified--CommentsClose CommentsPermalink
(1) to authorize the Secretary to construct the project at a total cost of $107,700,000, with an estimated Federal cost of $70,000,000 and an estimated non-Federal cost of $37,700,000.SEC. 3030. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR, CONNECTICUT.The western breakwater for the project for navigation, New Haven Harbor, Connecticut, authorized by the first section of the Act of September 19, 1890 (26 Stat. 426), shall be known and designated as the `Charles Hervey Townshend Breakwater'.SEC. 3031. ANCHORAGE AREA, NEW LONDON HARBOR, CONNECTICUT.(a) In General- The portion of the project for navigation, New London Harbor, Connecticut, authorized by the Act of June 13, 1902 (32 Stat. 333), that consists of a 23-foot waterfront channel described in subsection (b), is deauthorized.(b) Description of Channel- The channel referred to in subsection (a) may be described as beginning at a point along the western limit of the existing project, N. 188, 802.75, E. 779, 462.81, thence running northeasterly about 1,373.88 feet to a point N. 189, 554.87, E. 780, 612.53, thence running southeasterly about 439.54 feet to a point N. 189, 319.88, E. 780, 983.98, thence running southwesterly about 831.58 feet to a point N. 188, 864.63, E. 780, 288.08, thence running southeasterly about 567.39 feet to a point N. 188, 301.88, E. 780, 360.49, thence running northwesterly about 1,027.96 feet to the point of origin.SEC. 3032. NORWALK HARBOR, CONNECTICUT.(a) In General- The portions of a 10-foot channel of the project for navigation, Norwalk Harbor, Connecticut, authorized by the first section of the; andCommentsClose CommentsPermalink
(2) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3042. SOUTH PLATTE RIVER BASIN, COLORADO.CommentsClose CommentsPermalink
Section 808 of the Water Resources Development Act of 1986 (100 Stat. 4168) is amended by striking `agriculture,' and inserting `agriculture, environmental restoration,'.CommentsClose CommentsPermalink
SEC. 3043. INTRACOASTAL WATERWAY, DELAWARE RIVER TO CHESAPEAKE BAY, DELAWARE AND MARYLAND.CommentsClose CommentsPermalink
The project for navigation, Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, authorized by the first section of the Rivers and Harbors Act of August 30, 1935 (49 Stat. 1030), and section 101 of the River and Harbor Act of March 2, 1919 (40 Stat. 1276) and described in subsection (b), are not authorized.(b) Description of Portions- The portions of the channel referred to in subsection (a) are as follows:(1) RECTANGULAR PORTION- An approximately rectangular-shaped section along the northwesterly terminus of the channel. The section is 35-feet wide and about 460-feet long and is further described as commencing at a point N. 104,165.85, E. 417,662.71, thence running south 24«06031'55" E. 395.00 feet to a point N. 103,805.32, E. 417,824.10, thence running south 00«38031'06" E. 87.84 feet to a point N. 103,717.49, E. 417,825.07, thence running north 24«06031'55" W. 480.00 feet, to a point N. 104,155.59, E. 417.628.96, thence running north 73«05031'25" E. 35.28 feet to the point of origin.(2) PARALLELOGRAM-SHAPED PORTION- An area having the approximate shape of a parallelogram along the northeasterly portion of the channel, southeast of the area described in paragraph (1), approximately 20 feet wide and 260 feet long, and further described as commencing at a point N. 103,855.48, E. 417,849.99, thence running south 33«07031'30" E. 133.40 feet to a point N. 103,743.76, E. 417,922.89, thence running south 24«07031'04" E. 127.75 feet to a point N. 103,627.16, E. 417,975.09, thence running north 33«07031'30" W. 190.00 feet to a point N. 103,786.28, E. 417,871.26, thence running north 17«05031'15" W. 72.39 feet to the point of origin.(c) Modification- The 10-foot channel portion of the Norwalk Harbor, Connecticut navigation project described in subsection (a) is modified to authorize the Secretary to realign the channel to include, immediately north of the area described in subsection (b)(2), a triangular section described as commencing at a point N. 103,968.35, E. 417,815.29, thence running S. 17«05031'15" east 118.09 feet to a point N. 103,855.48, E. 417,849.99, thence running N. 33«07031'30" west 36.76 feet to a point N. 103,886.27, E. 417,829.90, thence running N. 10«05031'26" west 83.37 feet to the point of origin.SEC. 30331954 (68 Stat. 1249), is modified to add recreation as a project purpose.CommentsClose CommentsPermalink
SEC. 3044. ST. GEORGE'S BRIDGE, DELAWARE.CommentsClose CommentsPermalink
Section 102(g) of the Water Resources Development Act of 1990 (104 Stat. 4612) is amended by adding at the end the following: `The Secretary shall assume ownership responsibility for the replacement bridge not later than the date on which the construction of the bridge is completed and the contractors are released of their responsibility by the State. In addition, the Secretary may not carry out any action to close or remove the St. George's Bridge, Delaware, without specific congressional authorization.'.CommentsClose CommentsPermalink
SEC. 3034. ADDITIONAL PROGRAM AUTHORITY, COMPREHENSIVE EVERGLADES RESTORATION, FLORIDA.Section 601(c)(3) of the Water Resources Development Act of 2000 (114 Stat. 2684) is amended by adding at the end the following:`(C) MAXIMUM COST OF PROGRAM AUTHORITY- Section 902 of the Water Resources Development Act of 1986 (
(a) Shoreline- The project for shoreline protection, Brevard County, Florida, authorized by section 101(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3667), is modified to authorize the Secretary to include the mid-reach as an element of the project from the Florida department of environmental protection monuments 75.4 to 118.3, a distance of approximately 7.6 miles. The restoration work shall only be undertaken upon a determination by the Secretary, following completion of the general reevaluation report authorized by section 418 of the Water Resources Development Act of 2000 (114 Stat. 2637), is amended by striking `7.1-mile reach' and inserting `7.6-mile reach'.(b) References- Any reference to a 7.1-mile reach with respect to the project described in subsection (a) shall be considered to be a reference to a 7.6-mile reach with respect to that project.SEC. 3036. CRITICAL RESTORATION PROJECTS, EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION, FLORIDA.Section 528(b)(3)(C) of the Water Resources Development Act of 1996 (110 Stat. 3769) is amended--(1) in clause (i), by striking `$75,000,000' and all that follows and inserting `$95,000,000.'; and(2) by striking clause (ii) and inserting the following:`(ii) FEDERAL SHARE-`(I) IN GENERAL- Except as provided in subclause (II), the Federal share of the cost of carrying out a project under subparagraph (A) shall not exceed $25,000,000.`(II) SEMINOLE WATER CONSERVATION PLAN- The Federal share of the cost of carrying outthat the shoreline protection is feasible.CommentsClose CommentsPermalink
(b) Credit- Section 310 of the Water Resources Development Act of 1999 (113 Stat. 301) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(d) Credit- After completion of the study, the Secretary may credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3046. BROWARD COUNTY AND HILLSBORO AQUIFER PILOT PROJECTS, COMPREHENSIVE EVERGLADES RESTORATION, FLORIDA.Section 601(b)(2)(B) of the Water Resources Development Act of 2000 (114 Stat. 2681) is amended by adding at the end the following:`(v) HILLSBORO AND OKEECHOBEE AQUIFER, FLORIDA- The pilot projects for aquifer storage and recovery, Hillsboro and Okeechobee AquiferINLET, FLORIDA.CommentsClose CommentsPermalink
The project for shore protection, Broward County and Hillsboro Inlet, Florida, authorized by section 101(a)(16) of the Water Resources Development Act of 1999 (113 Stat. 276), shall be treated for the purposes of this section as being in the Plan and carried out in accordance with this section, except that costs of operation and maintenance of those projects shall remain 100 percent non-Federal.'.SEC. 3038301 of the River and Harbor Act of 1965 (79 Stat. 1090), and modified by section 311 of the Water Resources Development Act of 1999 (113 Stat. 301), is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3047. CANAVERAL HARBOR, FLORIDA.CommentsClose CommentsPermalink
In carrying out the project for navigation, Canaveral Harbor, Florida, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1174), the Secretary shall construct a sediment trap if the Secretary determines construction of the sediment trap is feasible.CommentsClose CommentsPermalink
SEC. 3048. GASPARILLA AND ESTERO ISLANDS, FLORIDA.CommentsClose CommentsPermalink
The project for shore protection, Gasparilla and Estero Island segments, Lee County, Florida, authorized by section 201 of the Flood Control Act of 1965 (79 Stat. 1073), by Senate Resolution dated December 17, 1970, and by House Resolution dated December 15, 1970, and modified by section 309 of the Water Resources Development Act of 2000 (114 Stat. 2602), is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3049. LIDO KEY, SARASOTA COUNTY, FLORIDA.The Secretary shall carry out the project for hurricane and storm damage reduction in BEACH, SARASOTA, FLORIDA.CommentsClose CommentsPermalink
(a) In General- The project for shore protection, Lido Key, Sarasota County, Florida, based on Beach, Sarasota, Florida, authorized by section 101 of the River and Harbor Act of 1970 (84 Stat. 1819), deauthorized under section 1001(b) of the Water Resources Development Act of 1986 (
(b) Construction of Shoreline Protection Projects by Non-Federal Interests- The Secretary shall enter into a partnership agreement with the non-Federal interest in accordance with section 206 of the Water Resources Development Act of 1992 (
SEC. 3050. PEANUT ISLAND, FLORIDA.CommentsClose CommentsPermalink
The maximum amount of Federal funds that may be expended for the project for improvement of the quality of the environment, Peanut Island, Palm Beach County, Florida, being carried out under section 1135 of the Water Resources Development Act of 1986 (
SEC. 3051. PORT SUTTON CHANNEL, TAMPA HARBOR, FLORIDA.CommentsClose CommentsPermalink
The project for navigation, Port Sutton Channel, Tampa Harbor, Florida, authorized by section 101(b)(12) of the Water Resources Development Act of 2000 (114 Stat. 2577), is modified to authorize the Secretary to carry out the project at a total cost of $12,900,000.CommentsClose CommentsPermalink
SEC. 3040. TAMPA HARBOR, CUT B, TAMPASEC. 3052. TAMPA HARBOR-BIG BEND CHANNEL, FLORIDA.CommentsClose CommentsPermalink
The project for navigation, Tampa Harbor-Big Bend Channel, Florida, authorized by section 101(a)(18) of the Water Resources Development Act of 1999 (113 Stat. 276) is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3053. TAMPA HARBOR CUT B, FLORIDA.CommentsClose CommentsPermalink
(a) In General- The project for navigation, Tampa Harbor, Florida, authorized by section 101 of the River and Harbor Act of 1970 (84 Stat. 1818), is modified to authorize the Secretary to construct passing lanes in an area approximately 3.5 miles long and centered on Tampa BayHarbor Cut B, if the Secretary determines that the if the Secretary determines that such improvements are necessary for navigation safety.CommentsClose CommentsPermalink
SEC. 3041 (b) General Reevaluation Report- The non-Federal share of the cost of the general reevaluation report for Tampa Harbor, Florida, being conducted on June 1, 2005, shall be the same percentage as the non-Federal share of the cost of construction of the project. CommentsClose CommentsPermalink
(c) Agreement- The Secretary shall enter into a new partnership agreement with the non-Federal interest to reflect the cost sharing required by subsection (b).CommentsClose CommentsPermalink
SEC. 3054. ALLATOONA LAKE, GEORGIA.CommentsClose CommentsPermalink
(a) Land Exchange-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may exchange land above 863 feet in elevation at Allatoona Lake, Georgia, identified in the Real Estate Design Memorandum prepared by the Mobile district engineer, April 5, 1996, and approved October 8, 1996, for land on the north side of Allatoona Lake that is required for wildlife management and protection of the water quality and overall environment of Allatoona Lake.CommentsClose CommentsPermalink
(2) TERMS AND CONDITIONS- The basis for all land exchanges under this subsection shall be a fair market appraisal to ensure that land exchanged is of equal value.CommentsClose CommentsPermalink
(b) Disposal and Acquisition of Land, Allatoona Lake, Georgia-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may--CommentsClose CommentsPermalink
(A) sell land above 863 feet in elevation at Allatoona Lake, Georgia, identified in the memorandum referred to in subsection (a)(1); andCommentsClose CommentsPermalink
(B) use the proceeds of the sale, without further appropriation, to pay costs associated with the purchase of land required for wildlife management and protection of the water quality and overall environment of Allatoona Lake.CommentsClose CommentsPermalink
(2) TERMS AND CONDITIONS-CommentsClose CommentsPermalink
(A) WILLING SELLERS- Land acquired under this subsection shall be by negotiated purchase from willing sellers only.CommentsClose CommentsPermalink
(B) BASIS- The basis for all transactions under this subsection shall be a fair market value appraisal acceptable to the Secretary.CommentsClose CommentsPermalink
(C) SHARING OF COSTS- Each purchaser of land under this subsection shall share in the associated environmental and real estate costs of the purchase, including surveys and associated fees in accordance with the memorandum referred to in subsection (a)(1).CommentsClose CommentsPermalink
(D) OTHER CONDITIONS- The Secretary may impose on the sale and purchase of land under this subsection such other conditions as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(c) Repeal- Section 325 of the Water Resources Development Act of 1992 (106 Stat. 4849) is repealed.CommentsClose CommentsPermalink
SEC. 3042 SEC. 3055. LATHAM RIVER, GLYNN COUNTY, GEORGIA. CommentsClose CommentsPermalink
The maximum amount of Federal funds that may be expended for the project for improvement of the quality of the environment, Latham River, Glynn County, Georgia, being carried out under section 1135 of the Water Resources Development Act of 1986 (
SEC. 3056. DWORSHAK RESERVOIR IMPROVEMENTS, IDAHO.CommentsClose CommentsPermalink
(a) In General- The Secretary shall carry out additional general construction measures to allow for operation at lower pool levels to satisfy the recreation mission at Dworshak Dam, Idaho.CommentsClose CommentsPermalink
(b) Improvements- In carrying out subsection (a), the Secretary shall provide for appropriate improvements to--CommentsClose CommentsPermalink
(1) facilities that are operated by the Corps of Engineers; andCommentsClose CommentsPermalink
(2) facilities that, as of the date of enactment of this Act, are leased, permitted, or licensed for use by others.CommentsClose CommentsPermalink
(c) Cost Sharing- The Secretary shall carry out this section through a cost-sharing program with Idaho State Parks and Recreation Department, with a total estimated project cost of $5,300,000, with an estimated Federal cost of $3,900,000 and an estimated non-Federal cost of $1,400,000.SEC. 3043parks and recreation department at a total estimated project cost of $5,300,000. Notwithstanding section 103 of the Water Resources Development Act of 1986 (
SEC. 3057. LITTLE WOOD RIVER, GOODING, IDAHO.CommentsClose CommentsPermalink
The project for flood control,(a) In General- The project for flood control, Gooding, Idaho, as constructed under the emergency conservation constructed under the emergency conservation work program established under the Act of March 31, 1933 (
(1) to direct the Secretary to rehabilitate the Gooding Channel Pproject for the purposes of flood control and ecosystem restoration, if the Secretary determines that the rehabilitation and ecosystem restoration is feasible;(2) to authorize and if the Secretary determines that such rehabilitation is not required as a result of improper operation and maintenance of the project by the non-Federal interest and that the rehabilitation and ecosystem restoration is feasible; andCommentsClose CommentsPermalink
(2) to direct the Secretary to plan, design, and construct the project at a total cost of $9,000,000;(3) to authorize the non-Federal interest to provide any portion of the non-Federal share of the cost of the project in the form of services, materials, supplies, or other in-kind contributions;(4) to authorize.CommentsClose CommentsPermalink
(b) Cost Sharing-CommentsClose CommentsPermalink
(1) IN GENERAL- Costs for reconstruction of a project under this section shall be shared by the Secretary and the non-Federal interest to use funds made available under any other Federal program toward the non-Federal share of the cost of the project if the use of the funds is permitted under the otherin the same percentages as the costs of construction of the original project were shared.CommentsClose CommentsPermalink
(2) OPERATION, MAINTENANCE, AND REPAIR COSTS- The costs of operation, maintenance, repair, and rehabilitation of a project carried out under this section shall be a non-Federal program; and(5) to direct the Secretary, in calculating the non-Federal share of the cost of the project, to make a determination under section 103(m) of the Water Resources Development Act of 1986 (
(c) Economic Justification- Reconstruction efforts and activities carried out under this section shall not require economic justification.CommentsClose CommentsPermalink
SEC. 3058. BEARDSTOWN COMMUNITY BOAT HARBOR, BEARDSTOWN, ILLINOIS.CommentsClose CommentsPermalink
(a) In General- The project for navigation, Muscooten Bay, Illinois River, Beardstown Community Boat Harbor, Beardstown, Illinois, constructed under section 107 of the River and Harbor Act of 1960 (
(1) to include the channel between the harbor and the Illinois River; andCommentsClose CommentsPermalink
(2) to direct the Secretary to enter into a partnership agreement with the city of Beardstown to replace the local cooperation agreement dated August 18, 1983, with the Beardstown Community Park District.CommentsClose CommentsPermalink
(b) Deeds- The deeds referred to in subsection (a) are as follows:(1) Auditor's Instrument No. 399218 of Nez Perce County, Idaho, 2.07 acres.(2) Auditor's Instrument No. 487437 of Nez Perce County, Idaho, 7.32 acresTerms of Partnership Agreement- The partnership agreement referred to in subsection (a) shall include the same rights and responsibilities as the local cooperation agreement dated August 18, 1983, changing only the identity of the non-Federal sponsor.CommentsClose CommentsPermalink
(c) No Effect on Other Rights- Nothing in this section affects the remaining rights and interests of the Corps of Engineers for authorized project purposes with respect to property covered by deeds described in subsection (b).SEC. 3045Maintenance- Following execution of the partnership agreement referred to in subsection (a), the Secretary may carry out maintenance of the project referred to in subsection (a) on an annual basis.CommentsClose CommentsPermalink
SEC. 3059. CACHE RIVER LEVEE, ILLINOIS.CommentsClose CommentsPermalink
The Cache River Levee created for flood control at the Cache River, Illinois, and authorized by the Act of onstructed for flood control at the Cache River, Illinois, and authorized by the Act of June 28, 1938 (52 Stat. 1215, chapter 7957), is modified to add environmental restoration as a project purpose.CommentsClose CommentsPermalink
SEC. 3046. CHICAGO, ILLINOIS.Section 425(a) of the Water Resources Development Act of 2000 (114 Stat. 2638) is amended by inserting `Lake Michigan and' before `the Chicago River'.SEC. 3047SEC. 3060. CHICAGO RIVER, ILLINOIS.CommentsClose CommentsPermalink
The Federal navigation channel for the North Branch Channel portion of the Chicago River authorized by section 22 of the Act of March 3, 1899 (30 Stat. 1156, chapter 425), extending from 100 feet downstream of the Halsted Street Bridge to 100 feet upstream of the Division Street Bridge, Chicago, Illinois, is redefined toshall be no wider than 66 feet.CommentsClose CommentsPermalink
SEC. 3048. ILLINOIS RIVER BASIN RESTORATION.Section 519 of the Water Resources Development Act of 2000 (114 Stat. 2654) is amended--(1) in subsection (c)(3), by striking `$5,000,000' and inserting `$20,000,000'; and(2) by adding at the end the following:`(h) Cooperation- In carrying out this section, the Secretary may enter into cooperative agreements, including with the State of Illinois, academic institutions, units of local governments, and soil and water conservation districts, to facilitate more efficient partnerships in developing and implementing the Illinois River Basin Restoration Program.'.SEC. 3049. MISSOURI AND ILLINOIS FLOOD PROTECTION PROJECTS RECONSTRUCTION PILOT PROGRAMSEC. 3061. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT, ILLINOIS.CommentsClose CommentsPermalink
(a) Definition of Reconstruction- In this section:(1) IN GENERAL- The term `reconstruction' means any action taken to address 1 or more major deficiencies of a project caused by long-term degradation of the foundation, construction materials, or engineering systems or components of the project, the results of which render the project at risk of not performing in compliance with the authorized purposes of the project.(2) INCLUSIONS- The term `reconstruction' includes the incorporation by the SecretaryTreatment as Single Project- The Chicago Sanitary and Ship Canal Dispersal Barrier Project (in this section referred to as `Barrier I'), as in existence on the date of enactment of this Act and constructed as a demonstration project under section 1202(i)(3) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of current design standards and efficiency improvements in a project if the incorporation does not significantly change the authorized scope, function, or purpose of the project.(b) Participation by Secretary- The Secretary may participate in the reconstruction of flood control projects within Missouri and Illinois as a pilot program if the Secretary determines that such reconstruction is not required as a result of improper operation and maintenance by the non-Federal interest.(c) Cost Sharing-(1) IN GENERAL- Costs for reconstruction of a project under this section shall be shared by the Secretary and the non-Federal interest in the same percentages as the costs of construction of the original project were shared1990 (
(b) Authorization-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, at Federal expense, shall--CommentsClose CommentsPermalink
(A) upgrade and make permanent Barrier I;CommentsClose CommentsPermalink
(B) construct Barrier II, notwithstanding the project cooperation agreement with the State of Illinois dated June 14, 2005;CommentsClose CommentsPermalink
(C) operate and maintain Barrier I and Barrier II as a system to optimize effectiveness;CommentsClose CommentsPermalink
(D) conduct, in consultation with appropriate Federal, State, local, and nongovernmental entities, a study of a range of options and technologies for reducing impacts of hazards that may reduce the efficacy of the Barriers; andCommentsClose CommentsPermalink
(E) provide to each State a credit in an amount equal to the amount of funds contributed by the State toward Barrier II.CommentsClose CommentsPermalink
(2) OPERATION, MAINTENANCE, AND REPAIR COSTS- The costs of operation, maintenance, repair, and rehabilitation of a project carried out under this section shall be a non-Federal responsibilityUSE OF CREDIT- A State may apply a credit provided to the State under paragraph (1)(E) to any cost sharing responsibility for an existing or future Federal project carried out by the Secretary in the State.CommentsClose CommentsPermalink
(c) Conforming Amendment- Section 345 of the District of Columbia Appropriations Act, 2005 (
`There are authorized to be appropriated such sums as may be necessary to carry out the Barrier II element of the project for the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, initiated pursuant to section 1135 of the Water Resources Development Act of 1986 (
(d) Critical Projects- In carrying out this section, the Secretary shall Feasibility Study- The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall conduct, at Federal expense, a feasibility study of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins through the Chicago Sanitary and Ship Canal and other aquatic pathways.CommentsClose CommentsPermalink
SEC. 3062. EMIQUON, ILLINOIS.CommentsClose CommentsPermalink
(a) Maximum Amount- The maximum amount of Federal funds that may be expended for the project for aquatic ecosystem restoration, Emiquon, Illinois, being carried out under section 206 of the Water Resources Development Act of 1996 (
(b) Limitation- Nothing in this section shall affect the eligibility of the project for emergency repair assistance under section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (
SEC. 3063. LASALLE, ILLINOIS.CommentsClose CommentsPermalink
In carrying out section 312 of the Water Resources Development Act of 1990 (104 Stat. 4639-4640), the Secretary shall give priority to the following projects:(1) Clear Creek Drainage and Levee District, Illinois.(2) Fort Chartres and Ivy Landing Drainage District, Illinois.(3) Wood River Drainage and Levee District, Illinois.(4) City of St. Louis, Missouri.(5) Missouri River Levee Drainage District, Missouri.(e) Economic Justification- Reconstruction efforts and activities carried out under this section shall not require economic justification.(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $50,000,000, to remain available until expended.SEC. 3050work in the vicinity of LaSalle, Illinois, on the Illinois and Michigan Canal.CommentsClose CommentsPermalink
SEC. 3064. SPUNKY BOTTOMS, ILLINOIS.CommentsClose CommentsPermalink
(a) In General- The project for flood control, Illinois and Des Plaines River Basin, between Beardstown, Illinois, and the mouth of the Illinois River, authorized by section 5 of theProject Purpose- The project for flood control, Spunky Bottoms, Illinois, authorized by section 5 of the Flood Control Act of June 22, 1936 (49 Stat. 1583, chapter 688), is modified to authorize ecosystem), is modified to add environmental restoration as a project purpose.CommentsClose CommentsPermalink
(b) Modifications-(1) IN GENERAL- Subject to paragraph (2), notwithstanding the limitation on the expenditure of Federal funds to carry out project modifications in accordance with section aximum Amount- The maximum amount of Federal funds that may be expended for the project for improvement of the quality of the environment, Spunky Bottoms, Illinois, being carried out under section 1135 of the Water Resources Development Act of 1986 (
(c) Emergency Repair Assistance- Notwithstanding any modifications carried out under subsection (b), the project described in subsection (a) shall remain eligibleLimitation- Nothing in this section shall affect the eligibility of the project for emergency repair assistance under section 5 of the Act ofentitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved August 18, 1941 (
(d) Consideration-(1) IN GENERAL- The conveyance under this section shall be at fair market valuePost Construction Monitoring and Management- Of the Federal funds expended under subsection (b), not less than $500,000 shall remain available for a period of 5 years after the date of completion of construction of the modifications for use in carrying out post construction monitoring and adaptive management.CommentsClose CommentsPermalink
SEC. 3065. CEDAR LAKE, INDIANA.CommentsClose CommentsPermalink
(a) In General- The Secretary is authorized to plan, design, and construct an aquatic ecosystem restoration project at Cedar Lake, Indiana.CommentsClose CommentsPermalink
(b) Complete Feasibility Report- In planning the project authorized by subsection (a), the Secretary shall expedite completion of the feasibility report for the project for aquatic ecosystem restoration and protection, Cedar Lake, Indiana, initiated pursuant to section 206 of the Water Resources Development Act 1996 (
(c) Authorization-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated $11,050,000 to carry out the activities authorized by this section.CommentsClose CommentsPermalink
(2) COSTS- All costs associated with the conveyance shall be paid by Pleasant Township, Coffey County, Kansas.(e) Other Terms and Conditions- The conveyance under this section shall be subject to such other terms and conditions as the Secretary considers necessary to protect the interests of the United States.SEC. 3052. MILFORD LAKE, MILFORD, KANSASOTHER- The Secretary is authorized to use funds previously appropriated for the project for aquatic ecosystem restoration and protection, Cedar Lake, Indiana, under section 206 of the Water Resources Development Act 1996 (
SEC. 3066. KOONTZ LAKE, INDIANA.CommentsClose CommentsPermalink
The project for aquatic ecosystem restoration, Koontz Lake, Indiana, being carried out under section 206 of the Water Resources Development Act of 1996 (
SEC. 3067. WHITE RIVER, INDIANA.CommentsClose CommentsPermalink
The project for flood control, Indianapolis on West Fork of White River, Indiana, authorized by section 5 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved June 22, 1936 (49 Stat. 1586), and modified by section 323 of the Water Resources Development Act of 1996 (110 Stat. 3716) and section 322 of the Water Resources Development Act of 1999 (113 Stat. 303), is modified--CommentsClose CommentsPermalink
(1) to authorize the Secretary to carry out the ecosystem restoration, recreation, and flood damage reduction components described in the Central Indianapolis Waterfront Concept Plan, dated February 1994, and revised by the Master Plan Revision Central Indianapolis Waterfront, dated April 2004, at a total cost of $28,545,000; andCommentsClose CommentsPermalink
(2) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3068. DES MOINES RIVER AND GREENBELT, IOWA.CommentsClose CommentsPermalink
The project for the Des Moines Recreational River and Greenbelt, Iowa, authorized by
SEC. 3069. PERRY CREEK, IOWA.CommentsClose CommentsPermalink
(a) In General- Subject to subsections (b) and (c), the Secretary shall convey at fair market value by quitclaim deed to the Geary County Fire Department, Milford, Kansas, all right, title, and interest of the United States in and to a parcel of land consisting of approximately 7.4 acres located in Geary County, Kansas, for construction, operation, and maintenance of a fire stationOn making a determination described in subsection (b), the Secretary shall increase the Federal contribution by up to $4,000,000 for the project for flood control, Perry Creek, Iowa, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4116) and modified by section 151 of the Energy and Water Development Appropriations Act, 2004 (117 Stat. 1844).CommentsClose CommentsPermalink
(b) Survey to Obtain Legal Description- The exact acreage and the description of the real propertyDetermination- A determination referred to in subsection (a) shall be determined by a survey that is satisfactory to the Secretaryis a determination that a modification to the project described in subsection (a) is necessary for the Federal Emergency Management Agency to certify that the project provides flood damage reduction benefits to at least a 100-year level of flood protection.CommentsClose CommentsPermalink
(c) Reversion- If the Secretary determines that the property conveyed under subsectionAuthorization of Appropriations- There is authorized to be appropriated to carry out this section $4,000,000.CommentsClose CommentsPermalink
SEC. 3070. RATHBUN LAKE, IOWA.CommentsClose CommentsPermalink
(a) ceases to be held in public ownership or to be used for any purpose other than a fire station, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States.SEC. 3053. OHIO RIVER BASIN COMPREHENSIVE PLAN.The Secretary is authorized to conduct a comprehensive, basin-wide plan of the Ohio River Basin to identify the investments and reinvestments in system components that would be necessary and advisable--(1) to ensure protection of lives and property in the area of the Basin; and(2) to sustain the purposes (including flood damage reduction, ecosystem restoration and protection, water supply, recreation, and related purposes) for which the Basin system was developed.SEC. 3054Right of First Refusal- The Secretary shall provide, in accordance with the recommendations in the Rathbun Lake Reallocation Report approved by the Chief of Engineers on July 22, 1985, the Rathbun Regional Water Association with the right of first refusal to contract for or purchase any increment of the remaining allocation of 8,320 acre-feet of water supply storage in Rathbun Lake, Iowa.CommentsClose CommentsPermalink
(b) Payment of Cost- The Rathbun Regional Water Association shall pay the cost of any water supply storage allocation provided under subsection (a).CommentsClose CommentsPermalink
SEC. 3071. HICKMAN BLUFF STABILIZATION, KENTUCKY.CommentsClose CommentsPermalink
The project for Hickman Bluff, Kentucky, authorized by chapter II of title II of the Emergency Supplemental Appropriations and Rescissions for the Department of Defense to Preserve and Enhance Military Readiness Act of 1995 (109 Stat. 85), is modified to authorize the Secretary to repair and restore the project, at full Federal Federal expense, with no further economic studies or analyses, at a total cost of not more than $250,000.CommentsClose CommentsPermalink
SEC. 3055SEC. 3072. MCALPINE LOCK AND DAM, KENTUCKY AND INDIANA.CommentsClose CommentsPermalink
Section 101(a)(10) of the Water Resources Development Act of 1990 (104 Stat. 4606) is amended by striking `$219,600,000' each place it appears and inserting `$430,000,000'.CommentsClose CommentsPermalink
SEC. 3056. PUBLIC ACCESS, SEC. 3073. PRESTONSBURG, KENTUCKY. CommentsClose CommentsPermalink
The Prestonsburg, Kentucky, element of the project for flood control, Levisa and Tug Fork of the Big Sandy and Cumberland Rivers, West Virginia, Virginia, and Kentucky, authorized by section 202(a) of the Energy and Water Development Appropriations Act, 1981 (94 Stat. 1339), is modified to direct the Secretary to take measures to provide a 100-year level of flood protection for the city of Prestonsburg.CommentsClose CommentsPermalink
SEC. 3074. AMITE RIVER AND TRIBUTARIES, LOUISIANA, EAST BATON ROUGE PARISH WATERSHED.CommentsClose CommentsPermalink
The project for flood damage reduction and recreation, Amite River and Tributaries, Louisiana, East Baton Rouge Parish Watershed, authorized by section 101(a)(21) of the Water Resources Development Act of 1999 (113 Stat. 277) and modified by section 116 of division D of
(1) to direct the Secretary to carry out the project with the cost sharing for the project determined in accordance with section 103(a) of the Water Resources Development Act of 1986 (
(2) to authorize the Secretary to construct the project at a total cost of $187,000,000; andCommentsClose CommentsPermalink
(3) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3075. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.CommentsClose CommentsPermalink
(a) In General- The publicAcquisition of Additional Land- The public access feature of the project for flood control, Atchafalaya Basin Floodway System, Louisiana project, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142), is modified to authorize the Secretary to acquire from willing sellers the fee interest (exclusive of oil, gas, and minerals) of an additional 20,000 acres of land in the Lower Atchafalaya Basin Floodway for the public access feature of the Atchafalaya Basin Floodway System, Louisiana project.(b)such feature.CommentsClose CommentsPermalink
(b) Modification-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), effective beginning November 17, 1986, the public access feature of the Atchafalaya Basin Floodway System, Louisiana project, is modified to remove the $32,000,000 limitation on the maximum Federal expenditure for the first costs of the public access feature.(2) FIRST COST- The authorized first cost of $250,000,000 for the total project (as defined in section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142)) shall not be exceeded, except as authorized by section 902 of that Act (100 Stat. 4183 referred to in subsection (a) shall not apply.CommentsClose CommentsPermalink
(2) COST- The modification under paragraph (1) shall not increase the total authorized cost of the project referred to in subsection (a).CommentsClose CommentsPermalink
(c) Technical Amendment- Section 315(a)(2) of the Water Resources Development Act of 2000 (114 Stat. 2603) is amended by inserting before the period at the end the following: `and may includeshall consider Eagle Point Park, Jeanerette, Louisiana, as 1 of the alternative sites'.SEC. 3057. REGIONAL VISITOR CENTER,nd the town of Melville, Louisiana, as site alternatives for such recreation features'.CommentsClose CommentsPermalink
SEC. 3076. ATCHAFALAYA BASIN FLOODWAY SYSTEM, REGIONAL VISITOR CENTER, LOUISIANA.CommentsClose CommentsPermalink
(a) Project for Flood Control- Notwithstanding paragraph (3) of the report of the Chief of Engineers dated February 28, 1983 (relating to recreational development in the Lower Atchafalaya Basin Floodway), the Secretary shall carry out the project for flood control, Atchafalaya Basin Floodway System, Louisiana, authorized by chapter IV of title I of the Act of August 15, 1985 (
(b) Visitors Center-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, acting through the Chief of Engineers and in consultation with the State of Louisiana, shall in consultation with the State of Louisiana, shall study, design, and construct a type A regional visitors center in the vicinity of Morgan City, Louisiana.CommentsClose CommentsPermalink
(2) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The cost of construction of theCOST OF TYPE B VISITORS CENTER- The cost of construction of the visitors center up to the cost of construction of a type B visitors center shall be shared in accordance with the recreation cost-share requirement undering requirement of section 103(c) of the Water Resources Development Act of 1986 (
(B) COST OF UPGRADING- The non-Federal share of the cost of upgrading the visitors center from a type B to type A regional visitors center shall be 100 percent.CommentsClose CommentsPermalink
(3) AGREEMENT- The project under this subsection shall be initiated only after the Secretary and the non-Federal interests enter into a binding agreement under which the non-Federal interests shall--(A) provide any land, easement, right-of-way, or dredged material disposal area required for the project that is owned, claimed, or controlled by--(i) the State of Louisiana (including agencies and political subdivisions of the State); or(ii) any other non-Federal government entity authorized under the laws of the State of Louisiana;(B) pay 100 percent of the cost of the operation, maintenance, repair, replacement, and rehabilitation of the project; and(C) hold the United States free from liability for the construction, operation, maintenance, repair, replacement, and rehabilitation of the project, except for damages due to the fault or negligence of the United States or a contractor of the United States.(4C) OPERATION AND MAINTENANCE- The cost of operation and maintenance of the visitors center shall be a Federal responsibility.CommentsClose CommentsPermalink
(3) DONATIONS- In carrying out the project under this subsection, the Mississippi River Commission may accept the donation of cash or other funds, land, materials, and services from any non-Federal government entity or nonprofit corporation, as the Commission determines to be appropriate.CommentsClose CommentsPermalink
SEC. 3058 SEC. 3077. ATCHAFALAYA RIVER AND BAYOUS CHENE, BOEUF, AND BLACK, LOUISIANA. CommentsClose CommentsPermalink
The project for navigation, Atchafalaya River and Bayous Chene, Boeuf, and Black, Louisiana, authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 731), is modified to authorize the Secretary to deepen up to a 1000-foot section of the area on the Gulf Intracoastal Waterway west of the Bayou Boeuf Lock and east of the intersection of the Atchafalaya River, at a cost not to exceed $200,000, to provide for ingress and egress to the port of Morgan City at a depth not to exceed 20 feet.CommentsClose CommentsPermalink
SEC. 3078. BAYOU PLAQUEMINE, LOUISIANA.CommentsClose CommentsPermalink
The project for the improvement of the quality of the environment, Bayou Plaquemine, Louisiana, being carried out under section 1135 of the Water Resources Development Act of 1986 (
SEC. 3079. CALCASIEU RIVER AND PASS, LOUISIANA.CommentsClose CommentsPermalink
The project for the Calcasieu River and Pass, Louisiana, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 481), is modified to authorize the Secretary to provide $3,000,000 for each fiscal year, in a total amount of $15,000,000, for such rock bank protection of the Calcasieu River from mile 5 to mile 16 as the Chief of EngineersSecretary determines to be advisable to reduce maintenance dredging needs and facilitate protection of valuable disposal areas for the Calcasieu River and Pass, Louisiana.SEC. 3059. EAST BATON ROUGE PARISH, LOUISIANA.The project for flood damage reduction and recreation, East Baton Rouge Parish, if the Secretary determines that the rock bank protection is feasible.CommentsClose CommentsPermalink
SEC. 3080. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, LOUISIANA.CommentsClose CommentsPermalink
The project for mitigation of fish and wildlife losses, Red River Waterway, Louisiana, authorized by section 101(a)(21) of the Water Resources Development Act of 1999 (113 Stat. 277), as amended by section 116 of the Consolidated Appropriations Resolution, 2003 (117 Stat. 140), is modified to authorize the Secretary to carry out the project substantially in accordance with the Report of the Chief of Engineers dated December 23, 1996, and the subsequent Post Authorization Change Report dated December 2004, at a total cost of $178,000,000.SEC. 3060. MISSISSIPPI RIVER 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142) and modified by section 4(h) of the Water Resources Development Act of 1988 (102 Stat. 4016), section 102(p) of the Water Resources Development Act of 1990 (104 Stat. 4613), section 301(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3710), and section 316 of the Water Resources Development Act of 2000 (114 Stat. 2604), is modified--CommentsClose CommentsPermalink
(1) to authorize the Secretary to carry out the project at a total cost of $33,912,000;CommentsClose CommentsPermalink
(2) to authorize the purchase and reforestation of lands that have been cleared or converted to agricultural uses (in addition to the purchase of bottomland hardwood); andCommentsClose CommentsPermalink
(3) to incorporate wildlife and forestry management practices to improve species diversity on mitigation land that meets habitat goals and objectives of the United States and the State of Louisiana.CommentsClose CommentsPermalink
SEC. 3081. MISSISSIPPI DELTA REGION, LOUISIANA.CommentsClose CommentsPermalink
The Mississippi Delta Region project, Louisiana, authorized as part of the project for hurricane-flood protection on Lake Pontchartrain, Louisiana, by section 204 of the Flood Control Act of 1965 (79 Stat. 1077) and modified by section 365 of the Water Resources Development Act of 1996 (110 Stat. 3739), is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3082. MISSISSIPPI RIVER-GULF OUTLET RELOCATION ASSISTANCE, LOUISIANA.CommentsClose CommentsPermalink
(a) Port Facilities Relocation-CommentsClose CommentsPermalink
(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Assistant Secretary for Economic Development (referred to in this section as the `Assistant Secretary') $75,000,000, to remain available until expended, to support the relocation of Port of New Orleans deep draft facilities from the Mississippi River -Gulf Outlet (referred to in this section as the `Outlet'), the Gulf Interracoastal Waterway, and the Inner Harbor Navigation Canal to the Mississippi River.CommentsClose CommentsPermalink
(2) ADMINISTRATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Amounts appropriated pursuant to paragraph (1) shall be administered by the Assistant Secretary for Economic Development (referred to in this section as the `Assistant Secretary') pursuant to sections 209(c)(2) and 703 of the Public Works and Economic Development Act of 1965 (
(B) REQUIREMENT- The Assistant Secretary shall make amounts appropriated pursuant to paragraph (1) available to the Port of New Orleans to relocate to the Mississippi River within the State of Louisiana the port-owned facilities that are occupied by businesses in the vicinity that may be impacted due to the treatment of the Outlet under the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (
(b) Revolving Loan Fund Grants- There is authorized to be appropriated to the Assistant Secretary $85,000,000, to remain available until expended, to provide assistance pursuant to sections 209(c)(2) and 703 of the Public Works and Economic Development Act of 1965 (
(c) Requirements- In selecting one or more recipients under subsection (b), the Assistant Secretary shall ensure that each recipient has established procedures to target lending to businesses that will be directly and substantially impacted by the treatment of the Mississippi River-Gulf Outlet under title VII of this Act.CommentsClose CommentsPermalink
(d) Coordination With Secretary- The Assistant Secretary shall ensure that the programs described in subsections (a) and (b) are fully coordinated with the Secretary to ensure that facilities are relocated in a manner that is consistent with the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (
(de) Administrative Expenses- The Assistant Secretary may use up to 2 percent of the amounts made available under subsections (a) and (b) for administrative expenses.CommentsClose CommentsPermalink
SEC. 3061. RED RIVER (J. BENNETT JOHNSTON) WATERWAY, LOUISIANA.The project for mitigation of fish and wildlife losses, Red River Waterway, Louisiana, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142) and modified by section 4(h) of the Water Resources Development Act of 1988 (102 Stat. 4016), section 102(p) of the Water Resources Development Act of 1990 (104 Stat. 4613), section 301(b)(7) of the Water Resources Development Act of 1996 (110 Stat. 3710), and section 316 of the Water Resources Development Act of 2000 (114 Stat. 2604), is further modified--(1) to authorize the Secretary to carry out the project at a total cost of $33,200,000;(2) to permit the purchase of marginal farmland for reforestation (in addition to the purchase of bottomland hardwood); and(3) to incorporate wildlife and forestry management practices to improve species diversity on mitigation land that meets habitat goals and objectives of the Corps of Engineers and the State of Louisiana.SEC. 3062 SEC. 3083. VIOLET, LOUISIANA. CommentsClose CommentsPermalink
(a) Violet Diversion Project- The Secretary shall design and implement a project for a diversion of freshwater at or near Violet, Louisiana, for the purposes of reducing salinity in the western Mississippi Sound, enhancing oyster production, and promoting the sustainability of coastal wetlands.CommentsClose CommentsPermalink
(b) Salinity Levels- The project shall be designed to meet, or maximize the ability to meet, the salinity levels identified in the feasibility study of the Corps of Engineers entitled `Mississippi and Louisiana Estuarine Areas: Freshwater Diversion to Lake Pontchartrain Basin and Mississippi Sound' and dated 1984.CommentsClose CommentsPermalink
(c) Additional Measures-CommentsClose CommentsPermalink
(1) RECOMMENDATIONS- If the Secretary determines that the diversion of freshwater at or near Violet, Louisiana, will not restore salinity levels to meet the requirements of subsection (b), the Secretary shall recommend additional measures for freshwater diversions sufficient to meet those levels.CommentsClose CommentsPermalink
(2) IMPLEMENTATION- The Secretary shall implement measures included in the recommendations developed under paragraph (1) beginning 60 days after the date on which a report containing the recommendations is provided to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink
(d) Non-Federal Financing Requirements-CommentsClose CommentsPermalink
(1) ESTIMATES- Before October 1 of each fiscal year, the Secretary shall notify the States of Louisiana and Mississippi of each State's respective estimated costs for that fiscal year for the activities authorized under this section.CommentsClose CommentsPermalink
(2) ESCROW- The States of Louisiana and Mississippi shall provide the funds described in paragraph (1) by making a deposit into an escrow account, or such other account, of the Treasury as the Secretary determines to be acceptable within 30 days after the date of receipt of the notification from the Secretary under paragraph (1).CommentsClose CommentsPermalink
(3) DEPOSITS BY LOUISIANA-CommentsClose CommentsPermalink
(A) USE OF CERTAIN FUNDS- The State of Louisiana may use funds available to the State under the coastal impact assistance program authorized under section 31 of the Outer Continental Shelf Lands Act (
(B) FAILURE TO PROVIDE FUNDS-CommentsClose CommentsPermalink
(i) IN GENERAL- If the State of Louisiana does not provide the funds under paragraph (2), the Secretary of the Interior, using funds to be disbursed to the State under the program referred to in subparagraph (A) or under the Gulf of Mexico Energy Security Act of 2006 (title I of Division C of
(ii) DEADLINE FOR DEPOSIT- Any deposit required under clause (i) shall be made prior to any other disbursements made to the State of Louisiana under the programs referred to in clause (i).CommentsClose CommentsPermalink
(C) EXCEPTION- The State of Louisiana shall not be required to make a deposit of its share in any fiscal year in which the State of Mississippi does not make its deposit following a notification under paragraph (1) or the State of Mississippi notifies the Secretary that it does not intend to make a deposit in that fiscal year.CommentsClose CommentsPermalink
(4) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(5) FEDERAL SHARE- The Federal share of the cost of the project authorized by subsection (a) shall be 75 percent.CommentsClose CommentsPermalink
(e) Schedule-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to the availability of appropriations, the Secretary shall complete the design of the project not later than 2 years after the date of enactment of this Act and shall complete the construction of the project by not later than September 30, 2012.CommentsClose CommentsPermalink
(2) MISSED DEADLINE- If the Secretary does not complete the design or construction of the project in accordance with paragraph (1), the Secretary shall complete the design or construction as expeditiously as possible.CommentsClose CommentsPermalink
SEC. 3084. WEST BANK OF THE MISSISSIPPI RIVER (EAST OF HARVEY CANAL), LOUISIANA.CommentsClose CommentsPermalink
Section 328 of the Water Resources Development Act of 1999 (113 Stat. 304-305) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `operation and maintenance' and inserting `operation, maintenance, rehabilitation, repair, and replacement'; andCommentsClose CommentsPermalink
(B) by striking `Algiers Channel' and inserting `Algiers Canal Levees'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(c) Cost Sharing- The non-Federal share of the cost of the project shall be 35 percent.'.CommentsClose CommentsPermalink
SEC. 3085. CAMP ELLIS, SACO, MAINE.CommentsClose CommentsPermalink
The maximum amount of Federal funds that may be expended for the project being carried out under section 111 of the River and Harbor Act of 1968 (
SEC. 3086. CUMBERLAND, MARYLAND.CommentsClose CommentsPermalink
Section 580(a) of the Water Resources Development Act of 1999 (113 Stat. 375) is amended--CommentsClose CommentsPermalink
(1) by striking `$15,000,000' and inserting `$25,750,000';CommentsClose CommentsPermalink
(2) by striking `$9,750,000' and inserting `$16,37738,000'; andCommentsClose CommentsPermalink
(3) by striking `$5,250,000' and inserting `$9,012,000'.CommentsClose CommentsPermalink
SEC. 3070. AUNT LYDIA'S COVE, MASSACHUSETTS.(a) Deauthorization- The portion of the project for navigation, Aunt Lydia's Cove, Massachusetts, authorized August 31, 1994, pursuant to section 107 of the Act of July 14, 1960 (
The project for navigation and environmental restoration through the beneficial use of dredged material, Poplar Island, Maryland, authorized by section 537 of the Water Resources Development Act of 1996 (110 Stat. 3776) and modified by section 318 of the Water Resources Development Act of 2000 (114 Stat. 2604), is modified to authorize the Secretary to construct the western limit of the existing project N. 255076.84, E. 1022945.07, thence running southwesterly about 38.11 feet to a point N. 255038.99, E. 1022940.60, thence running southeasterly about 267.07 feet to a point N. 254772.00, E. 1022947.00, thence running southeasterly about 462.41 feet to a point N. 254320.06, E. 1023044.84, thence running northeasterly about 60.31 feet to the point of origin.SEC. 3071. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND.(a) In General- Notwithstanding section 1001(b)(2) of the Water Resources Development Act of 1986 (
SEC. 3088. DETROIT RIVER SHORELINE, DETROIT, MICHIGAN.CommentsClose CommentsPermalink
(a) In General- Notwithstanding section 1001(b)(2) of the Water Resources Development Act of 198The project for emergency streambank and shoreline protection, Detroit River Shoreline, Detroit, Michigan, being carried out under section 14 of the Flood Control Act of 1946 (
(b) Limitation- A project described in subsection (a) shall not be authorized for construction after the last day of the 5-year period beginning on the date of enactment of this Act, unless, during that period, funds have been obligated for the construction (including planning and design) of the project.SEC. 3074Maximum Federal Expenditure- The maximum amount of Federal funds that may be expended for the project shall be $3,000,000.CommentsClose CommentsPermalink
SEC. 3089. ST. CLAIR RIVER AND LAKE ST. CLAIR, MICHIGAN.CommentsClose CommentsPermalink
Section 426 of the Water Resources Development Act of 1999 (113 Stat. 326) is amended to read as follows:CommentsClose CommentsPermalink
`(a) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
`(1) MANAGEMENT PLAN- The term `management plan' means the management plan for the St. Clair River and Lake St. Clair, Michigan, that is in effect as of the date of enactment of this section.`(2)e Water Resources Development Act of 2007.CommentsClose CommentsPermalink
`(2) PARTNERSHIP- The term `Partnership' means the partnership established by the Secretary under subsection (b)(1).CommentsClose CommentsPermalink
`(b) Partnership-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall establish and lead a partnership of appropriate Federal agencies (including the Environmental Protection Agency) and the State of Michigan (including political subdivisions of the State)--CommentsClose CommentsPermalink
`(A) to promote cooperation among the Federal Government, State and local governments, and other involved parties in the management of the St. Clair River and Lake St. Clair watersheds; andCommentsClose CommentsPermalink
`(B) to develop and implement projects consistent with the management plan.CommentsClose CommentsPermalink
`(2) COORDINATION WITH ACTIONS UNDER OTHER LAW-CommentsClose CommentsPermalink
`(A) IN GENERAL- Actions taken under this section by the Partnership shall be coordinated with actions to restore and conserve the St. Clair River and Lake St. Clair and watersheds taken under other provisions of Federal and State law.CommentsClose CommentsPermalink
`(B) NO EFFECT ON OTHER LAW- Nothing in this section alters, modifies, or affects any other provision of Federal or State law.CommentsClose CommentsPermalink
`(c) Implementation of St. Clair River and Lake St. Clair Management Plan-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
`(A) develop a St. Clair River and Lake St. Clair strategic implementation plan in accordance with the management plan;CommentsClose CommentsPermalink
`(B) provide technical, planning, and engineering assistance to non-Federal interests for developing and implementing activities consistent with the management plan;CommentsClose CommentsPermalink
`(C) plan, design, and implement projects consistent with the management plan; andCommentsClose CommentsPermalink
`(D) provide, in coordination with the Administrator of the Environmental Protection Agency, financial and technical assistance, including grants, to the State of Michigan (including political subdivisions of the State) and interested nonprofit entities for the Federal share of the cost of planning, design, and implementation of projects to restore, conserve, manage, and sustain the St. Clair River, Lake St. Clair, and associated watersheds.CommentsClose CommentsPermalink
`(2) SPECIFIC MEASURES- Financial and technical assistance provided under subparagraphs (B) and (C) of paragraph (1) may be used in support of non-Federal activities consistent with the management plan.CommentsClose CommentsPermalink
`(d) Supplements to Management Plan and Strategic Implementation Plan- In consultation with the Partnership and after providing an opportunity for public review and comment, the Secretary shall develop information to supplement--CommentsClose CommentsPermalink
`(1) the management plan; andCommentsClose CommentsPermalink
`(2) the strategic implementation plan developed under subsection (c)(1)(A).CommentsClose CommentsPermalink
`(e) Cost Sharing-`(1) NON-FEDERAL SHARE- The non-Federal share of the cost of technical assistance, or the cost of planning, design, construction, and evaluation of a project under subsection (c), and the cost of development of supplementary information under subsection (d)--`(A) shall be 25 percent of the total cost of the project or development; and`(B) may be provided through the provision of in-kind services.`(2) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The Secretary shall credit the non-Federal sponsor for the value of any land, easements, rights-of-way, dredged material disposal areas, or relocations provided for use in carrying out a project under subsection (c).`(3) NONPROFIT ENTITIES- Notwithstanding section 221 of the Flood Control Act of 1970 (
SEC. 3075 SEC. 3090. ST. JOSEPH HARBOR, MICHIGAN. CommentsClose CommentsPermalink
The Secretary shall expedite development of the dredged material management plan for the project for navigation, St. Joseph Harbor, Michigan, authorized by section 101 of the River and Harbor Act of 1958 (72 Stat. 299).CommentsClose CommentsPermalink
SEC. 3091. SAULT SAINTE MARIE, MICHIGAN.CommentsClose CommentsPermalink
(a) In General- The text of section 1149 of the Water Resources Development Act of 1986 (100 Stat. 4254) is amended to read as follows:CommentsClose CommentsPermalink
`The Secretary shall construct, at Federal expense, a second lock, of a width not less than 110 feet and a length not less than 1,200 feet, adjacent to the existing lock at Sault Sainte Marie, Michigan, generally in accordance with the report of the Board of Engineers for Rivers and Harbors, dated May 19, 1986, and the limited reevaluation report dated February 2004 at a total cost of $341,714,000.'.CommentsClose CommentsPermalink
(b) Conforming Repeals- The following provisions are repealed:CommentsClose CommentsPermalink
(1) Section 107(a)(8) of the Water Resources Development Act of 1990 (104 Stat. 4620).CommentsClose CommentsPermalink
(2) Section 330 of the Water Resources Development Act of 1996 (110 Stat. 3717).CommentsClose CommentsPermalink
(3) Section 330 of the Water Resources Development Act of 1999 (113 Stat. 305).CommentsClose CommentsPermalink
SEC. 3092. ADA, MINNESOTA.CommentsClose CommentsPermalink
In carrying out the project for flood damage reduction, Wild Rice River, Ada, Minnesota, under section 205 of the Flood Control Act of 1948 (
SEC. 3093. DULUTH HARBOR, MINNESOTA.(a) In General- Notwithstanding the cost limitation described in section 107(b) of the River and Harbor CQUADE ROAD, MINNESOTA.CommentsClose CommentsPermalink
(a) In General- The project for navigation, Duluth Harbor, McQuade Road, Minnesota, being carried out under section 107 of the River and Harbor Act of 1960 (
(b) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(c) Conditions-(1) DEEDS-(A) NON-FEDERAL LAND- The conveyance of the non-Federal land to the Secretary shall be by a warranty deed acceptable to the Secretary.(B) FEDERAL LAND- The conveyance of the Federal land to S.S.S., Inc., shall be--(i) by quitclaim deed; and(ii) subject to any reservations, terms, and conditions that the Secretary determines to be necessary to allow the United States to operate and maintain the Mississippi River 9-Foot Navigation Project.(C) LEGAL DESCRIPTIONS- The Secretary shall, subject to approval of S.S.S., Inc., provide a legal description of the Federal land and non-Federal land for inclusion in the deeds referred to in subparagraphs (A) and (B).(2) REMOVAL OF IMPROVEMENTS-(A) IN GENERAL- The Secretary may require the removal of, or S.SMaximum Federal Expenditure- The maximum amount of Federal funds that may be expended for the project shall be $9,000,000.CommentsClose CommentsPermalink
SEC. 3094. GRAND MARAIS, MINNESOTA.CommentsClose CommentsPermalink
The project for navigation, Grand Marais, Minnesota, carried out under section 107 of the River and Harbor Act of 1960 (
SEC. 3095. GRAND PORTAGE HARBOR, MINNESOTA.CommentsClose CommentsPermalink
The Secretary shall provide credit in accordance with section 221 of the Flood Control Act (
SEC. 3096. GRANITE FALLS, MINNESOTA.CommentsClose CommentsPermalink
(a) In General- The Secretary is directed to implement the locally preferred plan for flood damage reduction, Granite Falls, Minnesota, at a total cost of $12,000,000, with an estimated Federal cost of $8,000,000 and an estimated non-Federal cost of $4,000,000. In carrying out the project, the Secretary shall utilize, to the extent practicable, the existing detailed project report dated 2002 for the project prepared under the authority of section 205 of the Flood Control Act of 1948 (
(b) Project Financing- In evaluating and implementing the project under this section, the Secretary shall allow the non-Federal interests to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) if the detailed project report evaluation indicates that applying such section is necessary to implement the project.CommentsClose CommentsPermalink
(c) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(d) Maximum Funding- The maximum amount of Federal funds that may be expended for the flood damage reduction shall be $8,000,000.CommentsClose CommentsPermalink
SEC. 3097. KNIFE RIVER HARBOR, MINNESOTA.CommentsClose CommentsPermalink
The project for navigation, Harbor at Knife River, Minnesota, authorized by section 2 of the Rivers and Harbors Act of March 2, 1945 (59 Stat. 19), is modified to direct the Secretary to develop a final design and prepare plans and specifications to correct the harbor entrance and mooring conditions at the project.CommentsClose CommentsPermalink
SEC. 3098. RED LAKE RIVER, MINNESOTA.CommentsClose CommentsPermalink
The project for flood control, Red Lake River, Crookston, Minnesota, authorized by section 101(a)(23) of the Water Resources Development Act of 1999 (113 Stat. 278), is modified to include flood protection for the adjacent and interconnected areas generally known as the Sampson and Chase/Loring neighborhoods, in accordance with the feasibility report supplement for local flood protection, Crookston, Minnesota, at a total cost of $25,000,000, with an estimated Federal cost of $16,250,000 and an estimated non-Federal cost of $8,750,000.CommentsClose CommentsPermalink
SEC. 3099. SILVER BAY, MINNESOTA.CommentsClose CommentsPermalink
The project for navigation, Silver Bay, Minnesota, authorized by section 2 of the Rivers and Harbors Act of March 2, 1945 (59 Stat. 19), is modified to include operation and maintenance of the general navigation facilities as a Federal responsibility.CommentsClose CommentsPermalink
SEC. 3100. TACONITE HARBOR, MINNESOTA.CommentsClose CommentsPermalink
The project for navigation, Taconite Harbor, Minnesota, carried out under section 107 of the River and Harbor Act of 1960 (
SEC. 3101. TWO HARBORS, MINNESOTA.CommentsClose CommentsPermalink
(a) In General- Notwithstanding the requirements of section 107(a) of the River and Harbor Act of 1960 (
(b) Maximum Federal Expenditures- The maximum amount of Federal funds that may be expended for the project shall be $7,000,000.CommentsClose CommentsPermalink
SEC. 3102. DEER ISLAND, HARRISON COUNTY, MISSISSIPPI.CommentsClose CommentsPermalink
The project for ecosystem restoration, Deer Island, Harrison County, Mississippi, being carried out under section 204 of the Water Resources Development Act of 1992 (
SEC. 3103. JACKSON COUNTY, MISSISSIPPI.CommentsClose CommentsPermalink
(a) Modification- Section 331 of the Water Resources Development Act of 1999 (113 Stat. 305) is amended by striking `$5,000,000' and inserting `$9,000,000'.CommentsClose CommentsPermalink
(b) shall be completed not later than 2 years after the date of enactment of this Act.SEC. 3078Applicability of Credit- The credit provided by section 331 of the Water Resources Development Act of 1999 (113 Stat. 305) (as amended by subsection (a) of this section) shall apply to costs incurred by the Jackson County Board of Supervisors during the period beginning on February 8, 1994, and ending on the date of enactment of this Act for projects authorized by section 219(c)(5) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 1494).CommentsClose CommentsPermalink
SEC. 3104. PEARL RIVER BASIN, MISSISSIPPI.CommentsClose CommentsPermalink
(a) In General- The project for flood damage reduction, Pearl River Basin, including Shoccoe, Mississippi, authorized by section 401(e)(3) of the Water Resources Development Act of 1986 (100 Stat. 4132), is modified to authorize the Secretary, subject to subsection (c), to construct the project generally in accordance with the plan described in the `Pearl River Watershed, Mississippi, Feasibility Study Main Report, Preliminary Draft', dated February 2007, at a total cost of $205,800,000, with an estimated Federal cost of $133,770,000 and an estimated non-Federal cost of $72,030,000.CommentsClose CommentsPermalink
(b) Comparison of Alternatives- Before initiating construction of the project, the Secretary shall compare the level of flood damage reduction provided by the plan that maximizes national economic development benefits of the project and the locally preferred plan, referred to as the LeFleur Lakes plan, to that portion of Jackson, Mississippi and vicinity, located below the Ross Barnett Reservoir Dam.CommentsClose CommentsPermalink
(c) Implementation of Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- If the Secretary determines under subsection (b) that the locally preferred plan provides a level of flood damage reduction that is equal to or greater than the level of flood damage reduction provided by the national economic development plan and that the locally preferred plan is environmentally acceptable and technically feasible, the Secretary may construct the project identified as the national economic development plan, or the locally preferred plan, or some combination thereof.CommentsClose CommentsPermalink
(2) CONSTRUCTION BY NON-FEDERAL INTERESTS- The non-Federal interest may carry out the project under section 211 of the Water Resources Development Act of 1996 (
(d) Project Financing- In evaluating and implementing the project under this section, the Secretary shall allow the non-Federal interests to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) if the detailed project report evaluation indicates that applying such section is necessary to implement the project.CommentsClose CommentsPermalink
(e) Non-Federal Cost Share- If the locally preferred plan is selected for construction of the project, the Federal share of the cost of the project shall be limited to the share as provided by law for the elements of the national economic development plan.CommentsClose CommentsPermalink
SEC. 3105. FESTUS AND CRYSTAL CITY, MISSOURI.CommentsClose CommentsPermalink
Section 102(b)(1) of the Water Resources Development Act of 1999 (113 Stat. 282) is amended by striking `$10,000,000' and inserting `$13,000,000'.CommentsClose CommentsPermalink
SEC. 3106. L-15 LEVEE, MISSOURI.CommentsClose CommentsPermalink
The portion of the L-15 levee system that is under the jurisdiction of the Consolidated North County Levee District and situated along the right descending bank of the Mississippi River from the confluence of that river with the Missouri River and running upstream approximately 14 miles shall be considered to be a Federal levee for purposes of cost sharing under section 5 of the Act of August 18, 1941 (
SEC. 3079. UNION LAKE, MISSOURI.(a) In General- The Secretary shall offer to convey to the State of Missouri all right, title, and interest in and to approximately 205.50 acres of land described in subsection (b) purchased for the Union Lake Project that was deauthorized as of January 1, SEC. 3107. MONARCH-CHESTERFIELD, MISSOURI. CommentsClose CommentsPermalink
The project for flood damage reduction, Monarch-Chesterfield, Missouri, authorized by section 101(b)(18) of the Water Resources Development Act of 2000 (114 Stat. 2578), is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3108. RIVER DES PERES, MISSOURI.CommentsClose CommentsPermalink
The projects for flood control, River Des Peres, Missouri, authorized by section 101(a)(17) of the Water Resources Development Act of 1990 (55 Fed. Reg. 40906), in accordance with section 1001 of the Water Resources Development Act of 1986 (33104 Stat. 4607) and section 102(13) of the Water Resources Development Act of 1996 (110 Stat. 3668), are each modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3109. LOWER YELLOWSTONE PROJECT, MONTANA.CommentsClose CommentsPermalink
The Secretary may use funds appropriated to carry out the Missouri River recovery and mitigation program to assist the Bureau of Reclamation in the design and construction of the Lower Yellowstone project of the Bureau, Intake, Montana, for the purpose of ecosystem restoration.CommentsClose CommentsPermalink
SEC. 3081SEC. 3110. YELLOWSTONE RIVER AND TRIBUTARIES, MONTANA AND NORTH DAKOTA.CommentsClose CommentsPermalink
(a) Definition of Restoration Project- In this section, the term `restoration project' means a project that will produce, in accordance with other Federal programs, projects, and activities, substantial ecosystem restoration and related benefits, as determined by the Secretary.CommentsClose CommentsPermalink
(b) Projects- The Secretary shall carry out, in accordance with other Federal programs, projects, and activities, restoration projects in the watershed of the Yellowstone River and tributaries in Montana, and in North Dakota, to produce immediate and substantial ecosystem restoration and recreation benefits.CommentsClose CommentsPermalink
(c) Local Participation- In carrying out subsection (b), the Secretary shall--CommentsClose CommentsPermalink
(1) consult with, and consider the activities being carried out by--CommentsClose CommentsPermalink
(A) other Federal agencies;CommentsClose CommentsPermalink
(B) Indian tribes;CommentsClose CommentsPermalink
(C) conservation districts; andCommentsClose CommentsPermalink
(D) the Yellowstone River Conservation District Council; andCommentsClose CommentsPermalink
(2) seek the full participation of the State of Montana.CommentsClose CommentsPermalink
(d) Cost Sharing- Before carrying out any restoration project under this section, the Secretary shall enter into an agreement with the non-Federal interest for the restoration project under which the non-Federal interest shall agree--(1) to provide 35 percent of the total cost of the restoration project, including necessary land, easements, rights-of-way, relocations, and disposal sites;(2) to pay the non-Federal share of the cost of feasibility studies and design during construction following execution of a project cooperation agreement;(3) to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs incurred after the date of enactment of this Act that are associated with the restoration project; and(4) to hold the United States harmless for any claim of damage that arises from the negligence of the Federal Government or a contractor of the Federal Government in carrying out the restoration project.(e) Form of Non-Federal Share- Not more than 50 percent of the non-Federal share of the cost of a restoration project carried out under this section may be provided in the form of in-kind credit for work performed during construction of the restoration project.(f) Non-Federal Interests- Notwithstanding section 221 of the Flood Control Act of 1970 (
SEC. 3082 SEC. 3111. ANTELOPE CREEK, LINCOLN, NEBRASKA. CommentsClose CommentsPermalink
The project for flood damage reduction, Antelope Creek, Lincoln, Nebraska, authorized by section 101(b)(19) of the Water Resources Development Act of 2000 (114 Stat. 2578), is modified--CommentsClose CommentsPermalink
(1) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
(2) to allow the non-Federal interest for the project to use, and to direct the Secretary to accept, funds provided under any other Federal program to satisfy, in whole or in part, the non-Federal share of the project if the Federal agency that provides such funds determines that the funds are authorized to be used to carry out the project.CommentsClose CommentsPermalink
SEC. 3112. SAND CREEK WATERSHED, WAHOO, NEBRASKA.CommentsClose CommentsPermalink
The project for ecosystem restoration and flood damage reduction, Sand Creek watershed, Wahoo, Nebraska, authorized by section 101(b)(20) of the Water Resources Development Act of 2000 (114 Stat. 2578), is modified--CommentsClose CommentsPermalink
(1) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
(2) to require that in-kind work to be credited under paragraph (1) be subject to audit; andCommentsClose CommentsPermalink
(3) to direct the Secretary to accept advance funds from the non-Federal interest as needed to maintain the project schedule.CommentsClose CommentsPermalink
SEC. 3113. WESTERN SARPY AND CLEAR CREEK, NEBRASKA.CommentsClose CommentsPermalink
The project for ecosystem restoration and flood damage reduction, Western Sarpy and Clear Creek, Nebraska, authorized by section 101(b)(21) of the Water Resources Development Act of 2000 (114 Stat. 2578), is modified to authorize the Secretary to construct the project at a total cost of $21,664,000, with an estimated Federal cost of $14,082,000 and an estimated non-Federal cost of $7,582,000.CommentsClose CommentsPermalink
SEC. 3083SEC. 3114. LOWER TRUCKEE RIVER, MCCARRAN RANCH, NEVADA.CommentsClose CommentsPermalink
The maximum amount of Federal funds that may be expended for the project being carried out, as of the date of enactment of this Act, under section 1135 of the Water Resources Development Act of 1986 (
SEC. 3084 SEC. 3115. LOWER CAPE MAY MEADOWS, CAPE MAY POINT, NEW JERSEY. CommentsClose CommentsPermalink
The project for navigation mitigation, ecosystem restoration, shore protection, and hurricane and storm damage reduction, Lower Cape May Meadows, Cape May Point, New Jersey, authorized by section 101(a)(25) of the Water Resources Development Act of 1999 (113 Stat. 278), is modified to incorporate the project for shoreline erosion control, Cape May Point, New Jersey, carried out under section 5 of the Act entitled `An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property', approved August 13, 1946 (
SEC. 3116. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.CommentsClose CommentsPermalink
The project for flood control, Passaic River, New Jersey and New York, authorized by section 101(a)(18) of the Water Resources Development Act of 1990 (104 Stat. 4607) and modified by section 327 of the Water Resources Development Act of 2000 (114 Stat. 2607), is modified to direct the Secretary to include the benefits and costs of preserving natural flood storage in any future economic analysis of the project.CommentsClose CommentsPermalink
SEC. 3117. COOPERATIVE AGREEMENTS, NEW MEXICO.CommentsClose CommentsPermalink
The Secretary may enter into cooperative agreements with any Indian tribe any land of which is located in the State of New Mexico and occupied by a flood control project that is owned and operated by the Corps of Engineers to assist in carrying out any operation or maintenance activity associated with the flood control project.CommentsClose CommentsPermalink
SEC. 3085SEC. 3118. MIDDLE RIO GRANDE RESTORATION, NEW MEXICO.CommentsClose CommentsPermalink
(a) Restoration Projects-(1) DEFINITION- T Defined- In this section, the term `restoration project' means a project that will produce, consistent with other Federal programs, projects, and activities, immediate and substantial ecosystem restoration and recreation benefits.CommentsClose CommentsPermalink
(2) PROJECTS- The Secretaryb) Project Selection- The Secretary shall select and shall carry out restoration projects in the Middle Rio Grande from Cochiti Dam to the headwaters of Elephant Butte Reservoir, in the State of New Mexico.CommentsClose CommentsPermalink
(b) Project Selection- The Secretary shall select restoration projects in the Middle Rio Grande.(c) Local Participation- In carrying out subsection (b), the Secretary shall consult with, and consider the activities being carried out by--CommentsClose CommentsPermalink
(1) the Middle Rio Grande Endangered Species Act Collaborative Program; andCommentsClose CommentsPermalink
(2) the Bosque Improvement Group of the Middle Rio Grande Bosque Initiative.CommentsClose CommentsPermalink
(d) Cost Sharing-(1) PROJECTS ON FEDERAL LAND- Each restoration project under this section located on Federal land shall be carried out at full Federal expense.(2) OTHER PROJECTS- For any restoration project located on non-Federal land, before carrying out the restoration project under this section, the Secretary shall enter into an agreement with non-Federal interests that requires the non-Federal interests to--(A) provide 35 percent of the total cost of the restoration projects including provisions for necessary lands, easements, rights-of-way, relocations, and disposal sites;(B) pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs incurred after the date of the enactment of this Act that are associated with the restoration projects; and(C) hold the United States harmless for any claim of damage that arises from the negligence of the Federal Government or a contractor of the Federal Government.(e) Non-Federal Interests- Not withstanding section 221 of the Flood Control Act of 1970 (
SEC. 3086 SEC. 3119. BUFFALO HARBOR, NEW YORK. CommentsClose CommentsPermalink
The project for navigation, Buffalo Harbor, New York, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1176), is modified to include measures to enhance public access, at Federal cost of $500,000.CommentsClose CommentsPermalink
SEC. 3120. LONG ISLAND SOUND OYSTER RESTORATION, NEW YORK AND CONNECTICUT.CommentsClose CommentsPermalink
(a) In General- The Secretary shall plan, design, and construct projects to increase aquatic habitats within Long Island Sound and adjacent waters, including the construction and restoration of oyster beds and related shellfish habitat.CommentsClose CommentsPermalink
(b) Cost Sharing- The non-Federal share of the cost of activities carried out under this section shall be 25 percent and may be provided through in-kind services and materials.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated $25,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 3087SEC. 3121. MAMARONECK AND SHELDRAKE RIVERS WATERSHED MANAGEMENT, NEW YORK.CommentsClose CommentsPermalink
(a) Watershed Management Plan Development-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the State of New York and local entities, shall develop watershed management plans for the Mamaroneck and Sheldrake River watershed for the purposes of evaluating existing and new flood damage reduction and ecosystem restoration.CommentsClose CommentsPermalink
(2) EXISTING PLANS- In developing the watershed management plans, the Secretary shall use existing studies and plans, as appropriate.CommentsClose CommentsPermalink
(b) Critical Restoration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may participate in any eligible critical restoration project in the Mamaroneck and Sheldrake Rivers watershed in accordance with the watershed management plans developed under subsection (a).CommentsClose CommentsPermalink
(2) ELIGIBLE PROJECTS- A critical restoration project shall be eligible for assistance under this section if the project--CommentsClose CommentsPermalink
(A) meets the purposes described in the watershed management plans developed under subsection (a); andCommentsClose CommentsPermalink
(B) with respect to the Mamaroneck and Sheldrake Rivers watershed in New York, consists of flood damage reduction or ecosystem restoration--(i) through--CommentsClose CommentsPermalink
(i) bank stabilization of the mainstem, tributaries, and streams;CommentsClose CommentsPermalink
(ii) wetland restoration;CommentsClose CommentsPermalink
(iii) soil and water conservation;CommentsClose CommentsPermalink
(iv) restoration of natural flows;CommentsClose CommentsPermalink
(v) restoration of stream stability;CommentsClose CommentsPermalink
(vi) structural and nonstructural flood damage reduction measures; orCommentsClose CommentsPermalink
(vii) any other project or activity the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(c) Cost Sharing- The Federal share of the cost of implementing any project carried out under this section shall be 65 percent.(d) Non-Federal Interest- A nonprofit organization may serve as the non-Federal interest for a project carried out under this section.(e) Cooperative Agreements- In carrying out this section, the Secretary may enter into 1one or more cooperative agreements to provide financial assistance to appropriate Federal, State, or local governments or nonprofit agencies, including assistance for the implementation of projects to be carried out under subsection (b).CommentsClose CommentsPermalink
(fd) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended.CommentsClose CommentsPermalink
SEC. 3088SEC. 3122. ORCHARD BEACH, BRONX, NEW YORK.CommentsClose CommentsPermalink
Section 554 of the Water Resources Development Act of 1996 (110 Stat. 3781) is amended by striking `$5,200,000' and inserting `$18,200,000'.SEC. 3089. NEW YORK HARBOR, NEW YORK, NEW YORK.Section 217 of the Water Resources Development Act of 1996 (
SEC. 3123. PORT OF NEW YORK AND NEW JERSEY, NEW YORK AND NEW JERSEY.CommentsClose CommentsPermalink
The navigation project, Port of New York and New Jersey, New York and New Jersey, authorized by section 101(a)(2) of the Water Resources Development Act of 2000 (114 Stat. 2576), is modified--CommentsClose CommentsPermalink
(1) to authorize the Secretary to allow the non-Federal interest to construct a geographic region, if appropriate, for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility (including any facility used to demonstratetemporary dredged material storage facility to receive dredged material from the project if--CommentsClose CommentsPermalink
(A) the non-Federal interest submits, in writing, a list of potential sites for the temporary storage facility to the Committee on Transportation and Infrastructure of the House of Representatives, the Committee on Environment and Public Works of the Senate, and the Secretary at least 180 days before the selection of the final site; andCommentsClose CommentsPermalink
(B) at least 70 percent of the dredged material generated in connection with the project suitable for beneficial uses of dredged material, which may include effective sediment contaminant reduction technologies) using funds provided in whole or in part by the Federal Government.`(2) PERFORMANCE- One or more of the parties to the agreement may perform the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility.`(3) MULTIPLE FEDERAL PROJECTS- If appropriate, the Secretary may combine portions of separate Federal projects with appropriate combined cost-sharing between the various projects, if the facility serves to manage dredged material from multiple Federal projects located in the geographic region of the facility.`(4) PUBLIC FINANCING-`(A) AGREEMENTS-`(i) SPECIFIED FEDERAL FUNDING SOURCES AND COST SHARING- The cost-sharing agreement used shall clearly specify--`(I) the Federal funding sources and combined cost-sharing when applicable to multiple Federal navigation projects; and`(II) the responsibilities and risks of each of the parties related to present and future dredged material managed by the facility.`(ii) MANAGEMENT OF SEDIMENTS-`(I) IN GENERAL- The cost-sharing agreement may include the management of sediments from the maintenance dredging of Federal navigation projects that do not have partnerships agreements.`(II) PAYMENTS- The cost-sharing agreement may allow the non-Federal interest to receive reimbursable payments from the Federal Government for commitments made by the non-Federal interest for disposal or placement capacity at dredged material treatment, processing, contaminant reduction, or disposal facilities.`(iii) CREDIT- The cost-sharing agreement may allow costs incurred prior to execution of a partnership agreement for construction or the purchase of equipment or capacity for the project to be credited according to existing cost-sharing rules.`(B) CREDIT-`(i) EFFECT ON EXISTING AGREEMENTS- Nothing in this subsection supersedes or modifies an agreement in effect on the date of enactment of this paragraph between the Federal Government and any other non-Federal interest for the cost-sharing, construction, and operation and maintenance of a Federal navigation project.`(ii) CREDIT FOR FUNDS- Subject to the approval of the Secretary and in accordance with law (including regulations and policies) in effect on the date of enactment of this paragraph, a non-Federal public interest of a Federal navigation project may seek credit for funds provided for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, or disposal facility to the extent the facility is used to manage dredged material from the Federal navigation project.`(iii) NON-FEDERAL INTEREST RESPONSIBILITIES- The non-Federal interest shall--`(I) be responsible for providing all necessary land, easement rights-of-way, or relocations associated with the facility; and`(II) receive credit for those items.'; and(3) in paragraphs (1) and (2)(A) of subsection (d) (as redesignated by paragraph (1))--(A) by inserting `and maintenance' after `operation' each place it appears; and(B) by inserting `processing, treatment, or' after `dredged material' the first place it appears in each of those paragraphs.SEC. 3090reuse will be used at sites in the State of New Jersey to the extent that there are sufficient sites available; andCommentsClose CommentsPermalink
(2) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3124. NEW YORK STATE CANAL SYSTEM.CommentsClose CommentsPermalink
Section 553(c) of the Water Resources Development Act of 1996 (110 Stat. 3781) is amended by striking subsection (c) and inserting the following:`(c) Definition of New York State Canal System- In this section, to read as follows:CommentsClose CommentsPermalink
`(c) New York State Canal System Defined- In this section, the term `New York State Canal System' means the 524 miles of navigable canal that comprise the New York State Canal System, including the Erie, Cayuga-Seneca, Oswego, and Champlain Canals and the historic alignments of these canals, including the cities of Albany, Rochester, and Buffalo.'.CommentsClose CommentsPermalink
SEC. 3091SEC. 3125. SUSQUEHANNA RIVER AND UPPER DELAWARE RIVER WATERSHED MANAGEMENT, NEW YORK.CommentsClose CommentsPermalink
(a) Watershed Management Plan Development-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the State of New York, the Delaware or Susquehanna River Basin Commission, as appropriate, and local entities, shall develop watershed management plans for the Susquehanna River watershed in New York State and the Upper Delaware River watershed for the purposes of evaluating existing and new flood damage reduction and ecosystem restoration.CommentsClose CommentsPermalink
(2) EXISTING PLANS- In developing the watershed management plans, the Secretary shall use existing studies and plans, as appropriate.CommentsClose CommentsPermalink
(b) Critical Restoration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may participate in any eligible critical restoration project in the Susquehanna River or Upper Delaware Rivers in accordance with the watershed management plans developed under subsection (a).CommentsClose CommentsPermalink
(2) ELIGIBLE PROJECTS- A critical restoration project shall be eligible for assistance under this section if the project--CommentsClose CommentsPermalink
(A) meets the purposes described in the watershed management plans developed under subsection (a); andCommentsClose CommentsPermalink
(B) with respect to the Susquehanna River or Upper Delaware River watershed in New York, consists of flood damage reduction or ecosystem restoration through--CommentsClose CommentsPermalink
(i) bank stabilization of the mainstem, tributaries, and streams;CommentsClose CommentsPermalink
(ii) wetland restoration;CommentsClose CommentsPermalink
(iii) soil and water conservation;CommentsClose CommentsPermalink
(iv) restoration of natural flows;CommentsClose CommentsPermalink
(v) restoration of stream stability;CommentsClose CommentsPermalink
(vi) structural and nonstructural flood damage reduction measures; orCommentsClose CommentsPermalink
(vii) any other project or activity the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(c) Cost Sharing- The Federal share of the cost of implementing any project carried out under this section shall be 65 percent.(d) Non-Federal Interest- A nonprofit organization may serve as the non-Federal interest for a project carried out under this section.(e) Cooperative Agreements- In carrying out this section, the Secretary may enter into 1 or more cooperative agreements to provide financial assistance to appropriate Federal, State, or local governments or nonprofit agencies, including assistance for the implementation of projects to be carried out under subsection (b).CommentsClose CommentsPermalink
(fd) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000, to remain available until expended.CommentsClose CommentsPermalink
SEC. 3092SEC. 3126. MISSOURI RIVER RESTORATION, NORTH DAKOTA.CommentsClose CommentsPermalink
Section 707(a) of the Water Resources Development Act of 2000 (114 Stat. 2699) is amended in the first sentence by striking `$5,000,000' and all that follows through `2005' and inserting `$25,000,000'.CommentsClose CommentsPermalink
SEC. 3093 SEC. 3127. WAHPETON, NORTH DAKOTA. CommentsClose CommentsPermalink
The maximum amount of Federal funds that may be allotted for the project for flood damage reduction, Wahpeton, North Dakota, being carried out under section 205 of the Flood Control Act of 1948 (
SEC. 3128. OHIO.CommentsClose CommentsPermalink
Section 594 of the Water Resources Development Act of 1999 (113 Stat. 381) is amended by adding at the end the following:`(h)--CommentsClose CommentsPermalink
(1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; andCommentsClose CommentsPermalink
(2) by inserting after subsection (e) the following:CommentsClose CommentsPermalink
`(f) Nonprofit Entities- NotwithstandingIn accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3094SEC. 3129. LOWER GIRARD LAKE DAM, GIRARD, OHIO.CommentsClose CommentsPermalink
Section 507(1) of the Water Resources Development Act of 1996 (110 Stat. 3758) is amended--CommentsClose CommentsPermalink
(1) by inserting `(a) In General- ' before `The Secretary';CommentsClose CommentsPermalink
(2) in paragraph (1) of subsection (a) (as designated by paragraph (1) of this subsection)--CommentsClose CommentsPermalink
(A) by striking `Repair and rehabilitation' and all that follows through `Ohio' and inserting `Correction of structural deficiencies of the Lower Girard Lake Dam, Girard, Ohio, and the appurtenant features to meet the dam safety standards of the State of Ohio'; andCommentsClose CommentsPermalink
(B) by striking `$2,500,000' and inserting `$16,000,000'; andCommentsClose CommentsPermalink
(2) by striking `Repair and rehabilitation' and inserting `Correct structural deficiencies'.SEC. 3095. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL TOWNSHIP, OHIO.Increased operation and maintenance activities for the Toussaint River Federal Navigation Project, Carroll Township, Ohio, that are carried out in accordance with section 107 of the River and Harbor3) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Special Rules- The project for Lower Girard Lake Dam, Girard, Ohio, authorized by subsection (a)(1) is justified on the basis of public safety.'.CommentsClose CommentsPermalink
SEC. 3130. MAHONING RIVER, OHIO.CommentsClose CommentsPermalink
In carrying out the project for environmental dredging, authorized by section 312(f)(4) of the Water Resources Development Act of 19690 (
SEC. 3131. ARCADIA LAKE, OKLAHOMA.CommentsClose CommentsPermalink
Payments made by the city of Edmond, Oklahoma, to the Secretary in October 1999 of all costs associated with present and future water storage costs at Arcadia Lake, Oklahoma, under Arcadia Lake Water Storage Contract Number DACW56-79-C-0072 shall satisfy the obligations of the city under that contract.CommentsClose CommentsPermalink
SEC. 3097 SEC. 3132. ARKANSAS RIVER CORRIDOR, OKLAHOMA. CommentsClose CommentsPermalink
(a) In General- The Secretary is authorized to participate in the ecosystem restoration, recreation, and flood damage reduction components of the Arkansas River Corridor Master Plan dated October 2005. The Secretary shall coordinate with appropriate representatives in the vicinity of Tulsa, Oklahoma, including representatives of Tulsa County and surrounding communities and the Indian Nations Council of Governments.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $50,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 3133. LAKE EUFAULA, OKLAHOMA.CommentsClose CommentsPermalink
(a) Project Goal-CommentsClose CommentsPermalink
(1) IN GENERAL- The goal for operation of Lake Eufaula, Oklahoma, shall be to maximize the use of available storage in a balanced approach that incorporates advice from representatives from all the project purposes to ensure that the full value of the reservoir is realized by the United States.CommentsClose CommentsPermalink
(2) RECOGNITION OF PURPOSE- To achieve the goal described in paragraph (1), recreation is recognized as a project purpose at Lake Eufaula, pursuant to thesection 4 of the Flood Control Act of December 22, 1944 (commonly known as the `Flood Control Act of 1944') (58 Stat. 887, chapter 6659).CommentsClose CommentsPermalink
(b) Lake Eufaula Advisory Committee-CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with the Federal Advisory Committee Act (5 U.S.C. App.), the Secretary shall establish an advisory committee for the Lake Eufaula, Canadian River, Oklahoma project authorized by the first section of the River and Harbor Act of July 24, 1946 (commonly known as the `River and Harbor Act of 1946') (
(2) PURPOSE- The purpose of the committee shall be advisory only.CommentsClose CommentsPermalink
(3) DUTIES- The committee shall provide information and recommendations to the Corps of Engineers regarding the operations of Lake Eufaula for the project purposes for Lake Eufaula.CommentsClose CommentsPermalink
(4) COMPOSITION- The Committee shall be composed of members that equally represent the project purposes for Lake Eufaula.CommentsClose CommentsPermalink
(c) Reallocation Study-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to the appropriation of funds, the Secretary, acting through the Chief of Engineers, shall shall perform a reallocation study, at full Federal Federal expense, to develop and present recommendations concerning the best value, while minimizing ecological damages, for current and future use of the Lake Eufaula storage capacity for the authorized project purposes of flood control, water supply, hydroelectric power, navigation, fish and wildlife, and recreation.CommentsClose CommentsPermalink
(2) FACTORS FOR CONSIDERATION- The reallocation study shall take into consideration the recommendations of the Lake Eufaula Advisory Committee.CommentsClose CommentsPermalink
(d) Pool Management Plan-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 360 daysone year after the date of enactment of this Act, to the extent feasible within available project funds and subject to the completion and approval of the reallocation study under subsection (c), the Tulsa District Edistrict engineer, taking into consideration recommendations of the Lake Eufaula Advisory Committee, shall develop an interim management plan that accommodates all project purposes for Lake Eufaula.CommentsClose CommentsPermalink
(2) MODIFICATIONS- A modification of the plan under paragraph (1) shall not cause significant adverse impacts on any existing permit, lease, license, contract, public law, or project purpose, including flood control operation, relating to Lake Eufaula.CommentsClose CommentsPermalink
SEC. 3098. RELEASE OF REVERSIONARY INTEREST, OKLAHOMA.(a) Release- Any reversionary interest relating to public parks and recreation on the land conveyed by the Secretary to the State of Oklahoma at Lake Texoma pursuant to the Act entitled `An Act to authorize the sale of certain lands to the State of Oklahoma' (67 Stat. 63, chapter 118), shall terminate on the date of enactment of this Act.(b) Instrument of Release- As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, an amended deed, or another appropriate instrument to release each reversionary interest described in subsection (a).(c) Preservation of Reserved Rights- A release of a reversionary interest under this section shall not affect any other right of the United States in any deed of conveyance pursuant to the Act entitled `An Act to authorize the sale of certain lands to the State of Oklahoma' (67 Stat. 63, chapter 118).SEC. 3099SEC. 3134. OKLAHOMA LAKES DEMONSTRATION PROGRAM, OKLAHOMA.CommentsClose CommentsPermalink
(a) Implementation of Program- Not later than 1one year after the date of enactment of this Act, the Secretary shall implement an innovative program at the lakes located primarily in the State of Oklahoma that are a part of an authorized civil works project under the administrative jurisdiction of the Corps of Engineers for the purpose of demonstrating the benefits of enhanced recreation facilities and activities at those lakes.CommentsClose CommentsPermalink
(b) Requirements- In implementing the program under subsection (a), the Secretary shall, consistent with authorized project purposes, consistent with authorized project purposes, shall--CommentsClose CommentsPermalink
(1) pursue strategies that will enhance, to the maximum extent practicable, recreation experiences at the lakes included in the program;CommentsClose CommentsPermalink
(2) use creative management strategies that optimize recreational activities; andCommentsClose CommentsPermalink
(3) ensure continued public access to recreation areas located on or associated with the civil works project.CommentsClose CommentsPermalink
(c) Guidelines- Not later than 180 days after the date of enactment of this Act, the Secretary shall issue guidelines for the implementation of this section, to be developed in coordination with the State of Oklahoma.CommentsClose CommentsPermalink
(d) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the program under subsection (a).CommentsClose CommentsPermalink
(2) INCLUSIONS- The report under paragraph (1) shall include a description of the projects undertaken under the program, including--CommentsClose CommentsPermalink
(A) an estimate of the change in any related recreational opportunities;CommentsClose CommentsPermalink
(B) a description of any leases entered into, including the parties involved; andCommentsClose CommentsPermalink
(C) the financial conditions that the Corps of Engineers used to justify those leases.CommentsClose CommentsPermalink
(3) AVAILABILITY TO PUBLIC- The Secretary shall make the report available to the public in electronic and written formats.CommentsClose CommentsPermalink
(e) Termination- The authority provided by this section shall terminate on the date that is 10 years after the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 3100SEC. 3135. OTTAWA COUNTY, OKLAHOMA.CommentsClose CommentsPermalink
(a) In General- There is authorized to be appropriated $30,000,000 for the purposes set forth in subsection (b).CommentsClose CommentsPermalink
(b) Purposes- Notwithstanding any other provision of law, funds appropriated under subsection (a) may be used for the purpose of--CommentsClose CommentsPermalink
(1) the buy-out of properties and permanently relocating residents and businesses in or near Picher, Cardin, and Hockerville, Oklahoma, from areas determined by the State of Oklahoma to be at risk of damage caused by land subsidence and remaining properties; andCommentsClose CommentsPermalink
(2) providing funding to the State of Oklahoma to buyout properties and permanently relocate residents and businesses of Picher, Cardin, and Hockerville, Oklahoma, from areas determined by the State of Oklahoma to be at risk of damage caused by land subsidence and remaining properties.CommentsClose CommentsPermalink
(c) Limitation- The use of funds in accordance with subsection (b) shall not be considered to be part of a Ffederally assisted program or project for purposes of
(d) Consistency With State Program- Any actions taken under subsection (b) shall be consistent with the relocation program in the State of Oklahoma under 27A O.S. Supp. 2006, sections 2201 et seq.CommentsClose CommentsPermalink
(e) Consideration of Remedial Action- The Administrator of the Environmental Protection Agency shall consider, without delay, a remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (
(f) Estimating Costs- In estimating and comparing the cost of a remedial alternative for the Tar Creek Oklahoma, National Priorities List site that includes the permanent relocation of residents, the Administrator shall not include the cost of compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (
(g) Effect of Certain Remedies- Inclusion of subsidence remedies, such as permanent relocation within any remedial action, shall not preempt, alter, or delay the right of any sovereign entity, including any State or tribal government, to seek remedies, including abatement, for land subsidence and subsidence risks under State law.CommentsClose CommentsPermalink
(h) Amendment- Section 111 of
(1) by adding the following language at the end of subsection (a)at the end of subsection (a) the following: `Such activities also may include the provision of financial assistance to facilitate the buy out of properties located in areas identified by the State as areas that are or will be at risk of damage caused by land subsidence and associated properties otherwise identified by the State; however, a. Any buyout of such properties shall not be considered to be part of a Ffederally assisted program or project for purposes of
(2) by striking the first sentence of subsection (d) and inserting the following: `Non-Federal interests shall be responsible for operating and maintaining any restoration alternatives constructed or carried out pursuant to this section.'.CommentsClose CommentsPermalink
SEC. 3101SEC. 3136. RED RIVER CHLORIDE CONTROL, OKLAHOMA AND TEXAS.CommentsClose CommentsPermalink
Section The project for water quality control in the Arkansas and Red River Basin, Texas, Oklahoma, and Kansas, authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1420; ) and modified by section 1107(a) of the Water Resources Development A of 1986 (100 Stat. 4229) is further modified to direct the Secretary to provide operation and maintenance for the Red River Chloride Control project, Oklahoma and Texas, at full Federal Federal expense.CommentsClose CommentsPermalink
SEC. 3102SEC. 3137. WAURIKA LAKE, OKLAHOMA.CommentsClose CommentsPermalink
The remaining obligation of the Waurika Project Master Conservancy District payable to the United States Government in the amounts, rates of interest, and payment schedules--CommentsClose CommentsPermalink
(1) is set at the amounts, rates of interest, and payment schedules that existed on June 3, 1986, with respect to the project for Waurika Lake, Oklahoma; andCommentsClose CommentsPermalink
(2) may not be adjusted, altered, or changed without a specific, separate, and written agreement between the District and the United States.CommentsClose CommentsPermalink
SEC. 3103. LOOKOUT POINT PROJECT, LOWELL, OREGON.(a) In General- Subject to subsection (c), the Secretary shall convey at fair market value to the Lowell School District No. 71, all right, title, and interest of the United States in and to a parcel consisting of approximately 0.98 acres of land, including 3 abandoned buildings on the land, located in Lowell, Oregon, as described in subsection (b).(b) Description of Property- The parcel of land to be conveyed under subsection (a) is more particularly described as follows: Commencing at the point of intersection of the west line of Pioneer Street with the westerly extension of the north line of Summit Street, in Meadows Addition to Lowell, as platted and recorded on page 56 of volume 4, Lane County Oregon Plat Records; thence north on the west line of Pioneer Street a distance of 176.0 feet to the true point of beginning of this description; thence north on the west line of Pioneer Street a distance of 170.0 feet; thence west at right angles to the west line of Pioneer Street a distance of 250.0 feet; thence south and parallel to the west line of Pioneer Street a distance of 170.0 feet; and thence east 250.0 feet to the true point of beginning of this description in sec. 14, T. 19 S., R. 1 W. of the Willamette Meridian, Lane County, Oregon.(c) Condition- The Secretary shall not complete the conveyance under subsection (a) until such time as the Forest Service--(1) completes and certifies that necessary environmental remediation associated with the structures located on the property is complete; and(2) transfers the structures to the Corps of Engineers.(d) Effect of Other Law-(1) APPLICABILITY OF PROPERTY SCREENING PROVISIONS-
(a) In General- The Secretary shall conduct studies and ecosystem restoration projects for the upper Willamette River watershed from Albany, Oregon, to the headwaters of the Willamette River and tributaries.CommentsClose CommentsPermalink
(b) Consultation- The Secretary shall carry out ecosystem restoration projects under this section for the Upper Willamette River watershed in consultation with the Governor of the State of Oregon, the heads of appropriate Indian tribes, the Environmental Protection Agency, the United States Fish and Wildlife Service, the National Marine Fisheries Service, the Bureau of Land Management, the Forest Service, and local entities.CommentsClose CommentsPermalink
(c) Authorized Activities- In carrying out ecosystem restoration projects under this section, the Secretary shall undertake activities necessary to protect, monitor, and restore fish and wildlife habitat.CommentsClose CommentsPermalink
(d) Cost Sharing Requirements-(1) STUDIES- Studies conducted under this section shall be subject to cost sharing in accordance with section 206 of the Water Resources Development Act of 1996 (
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $15,000,000.CommentsClose CommentsPermalink
SEC. 3105. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.Section 567 SEC. 3139. DELAWARE RIVER, PENNSYLVANIA, NEW JERSEY, AND DELAWARE. CommentsClose CommentsPermalink
The Secretary may remove debris from the project for navigation, Delaware River, Pennsylvania, New Jersey, and Delaware, Philadelphia to the Sea.CommentsClose CommentsPermalink
SEC. 3140. RAYSTOWN LAKE, PENNSYLVANIA.CommentsClose CommentsPermalink
The Secretary may take such action as may be necessary, including construction of a breakwater, to prevent shoreline erosion between .07 and 2.7 miles south of Pennsylvania State Route 994 on the east shore of Raystown Lake, Pennsylvania.CommentsClose CommentsPermalink
SEC. 3141. SHERADEN PARK STREAM AND CHARTIERS CREEK, ALLEGHENY COUNTY, PENNSYLVANIA.CommentsClose CommentsPermalink
The project for aquatic ecosystem restoration, Sheraden Park Stream and Chartiers Creek, Allegheny County, Pennsylvania, being carried out under section 206 of the Water Resources Development Act of 1996 (
SEC. 3142. SOLOMON'S CREEK, WILKES-BARRE, PENNSYLVANIA.CommentsClose CommentsPermalink
The project for flood control, Wyoming Valley, Pennsylvania, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4124), is modified to include as a project element the project for flood control for Solomon's Creek, Wilkes-Barre, Pennsylvania.CommentsClose CommentsPermalink
SEC. 3143. SOUTH CENTRAL PENNSYLVANIA.CommentsClose CommentsPermalink
Section 313 of the Water Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407; 110 Stat. 3723; 113 Stat. 310; 117 Stat. 142) is amended--CommentsClose CommentsPermalink
(1) in subsection (g)(1) by striking `$180,000,000' and inserting `$200,000,000'; andCommentsClose CommentsPermalink
(2) by striking subsection (d) and inserting the following:`(d) Implementation of Strategy-`(1) IN GENERAL- The Secretary shall carry out the development, demonstration, and implementation of the strategy under this section in cooperation with local landowners, local government officials, and land trusts.`(2) GOALS OF PROJECTS- Projects to implement the strategy under this subsection shall be designed to take advantage of ongoing or planned actions by other agencies, local municipalities, or nonprofit, nongovernmental organizations with expertise in wetland restoration that would increase the effectiveness or decrease the overall cost of implementing recommended projects.'.SEC. 3106in subsection (h)(2) by striking `Allegheny, Armstrong, Beford, Blair, Cambria, Clearfield, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata, Mifflin, Somerset, Snyder, Washington, and Westmoreland Counties' and inserting `Allegheny, Armstrong, Bedford, Blair, Cambria, Fayette, Franklin, Fulton, Greene, Huntingdon, Indiana, Juniata, Somerset, Washington, and Westmoreland Counties'.CommentsClose CommentsPermalink
SEC. 3144. WYOMING VALLEY, PENNSYLVANIA.CommentsClose CommentsPermalink
In carrying out the project for flood control, Wyoming Valley, Pennsylvania, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4124), the Secretary shall coordinate with non-Federal interests to review opportunities for increased public access.CommentsClose CommentsPermalink
SEC. 3145. NARRAGANSETT BAY, RHODE ISLAND.CommentsClose CommentsPermalink
The Secretary may use amounts in the Environmental Restoration Account, Formerly Used Defense Sites, under
SEC. 3107. SOUTH CAROLINA DEPARTMENT OF COMMERCE DEVELOPMENT PROPOSAL AT RICHARD B. RUSSELL LAKE, SOUTH CAROLINA.(a) In General- The Secretary shall convey to the State of South Carolina, by quitclaim deed, all right, title, and interest of the United States in and to the parcels of land described in subsection (b)(1) that are managed, as of the date of enactment of this Act, by the South Carolina Department of Commerce for public recreation purposes for the Richard B. Russell Dam and Lake, South Carolina, project authorized by section 203 of the Flood Control Act of 1966 (80 Stat. 1420).(b) Land Description-(1) IN GENERAL- Subject to paragraphs (2) and (3), the parcels of land referred to in subsection (a) are the parcels contained in the portion of land described in Army Lease Number DACW21-1-92-0500.(2) RETENTION OF INTERESTS- The United States shall retain--(A) ownership of all land included in the lease referred to in paragraph (1) that would have been acquired for operational purposes in accordance with the 1971 implementation of the 1962 Army/Interior Joint Acquisition Policy; and(B) such other land as is determined by the Secretary to be required for authorized project purposes, including easement rights-of-way to remaining Federal land.(3) SURVEY- The exact acreage and legal description of the land described in paragraph (1) shall be determined by a survey satisfactory to the Secretary, with the cost of the survey to be paid by the State.(c) General Provisions-(1) APPLICABILITY OF PROPERTY SCREENING PROVISIONS-
(a) Membership- Section 904(b)(1)(B) of the Water Resources Development Act of 2000 (114 Stat. 2708) is amended--CommentsClose CommentsPermalink
(1) in clause (vii), by striking `and' at the end;CommentsClose CommentsPermalink
(2) by redesignating clause (viii) as clause (ix); andCommentsClose CommentsPermalink
(3) by inserting after clause (vii) the following:CommentsClose CommentsPermalink
`(viii) rural water systems; and'.CommentsClose CommentsPermalink
(b) Reauthorization- Section 907(a) of the Water Resources Development Act of 2000 (114 Stat. 2712) is amended in the firstsuch Act (114 Stat. 2712) is amended in the first sentence by striking `2005' and inserting `2010'.CommentsClose CommentsPermalink
SEC. 3109. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.Section 514 of the Water Resources Development Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended--(1) by redesignating subsections (f) and (g) as subsections (h) and (i), respectively;(2) in subsection (h) (as redesignated by paragraph (1)), by striking paragraph (1) and inserting the following:`(1) NON-FEDERAL SHARE-`(A) IN GENERAL- The non-Federal share of the cost of projects may be provided--`(i) in cash;`(ii) by the provision of land, easements, rights-of-way, relocations, or disposal areas;`(iii) by in-kind services to implement the project; or`(iv) by any combination of the foregoing.`(B) PRIVATE OWNERSHIP- Land needed for a project under this authority may remain in private ownership subject to easements that are--`(i) satisfactory to the Secretary; and`(ii) necessary to assure achievement of the project purposes.';(3) in subsection (i) (as redesignated by paragraph (1)), by striking `for the period of fiscal years 2000 and 2001.' and inserting `per year, and that authority shall extend until Federal fiscal year 2011.'; and(4) by inserting after subsection (e) the following:`(f) Nonprofit Entities- Notwithstanding section 221(b) of the Flood Control Act of 1970 (
(a) Credit for Planning and Design- The project for navigation, Cedar Bayou, Texas, reauthorized by section 349(a)(2) of the Water Resources Development Act of 2000 (114 Stat. 2611), is modified to authorize the Secretary--(1) to reconstruct, at full Federal expense, the weir originally constructed in the vicinity of the mouth of Nonconnah Creek; and(2) to make repairs and maintain the weir in the future so that the weir functions properly.SEC. 3111. OLD HICKORY LOCK AND DAM, CUMBERLAND RIVER, TENNESSEE.(a) Release of Retained Rights, Interests, Reservations- With respect to land conveyed by the Secretary to the Tennessee Society of Crippled Children and Adults, Incorporated (commonly known as `Easter Seals Tennessee') at Old Hickory Lock and Dam, Cumberland River, Tennessee, under section 211 of the Flood Control Act of 1965 (79 Stat. 1087), the reversionary interests and the use restrictions relating to recreation and camping purposes are extinguished32), is modified to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
(b) Instrument of Release- As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument effectuating the release of interests required by subsection (a).(c) No Effect on Other Rights- Nothing in this section affects any remaining right or interest of the Corps of Engineers with respect to an authorized purpose of any project.SEC. 3112. SANDY CREEK, JACKSON COUNTY, TENNESSEE.(a) In General- The Secretary may carry out a project for flood damage reduction under section 205 of the Flood Control Act of 1948Cost Sharing- Cost sharing for construction and operation and maintenance of the project shall be determined in accordance with section 101 of the Water Resources Development Act of 1986 (
(c) Project for Navigation- Section 349(a)(2) of the Water Resources Development Act of 2000 (114 Stat. 2632) is amended by striking `except that the project is authorized only for construction of a navigation channel 12 feet deep by 125 feet wide' and inserting `except that the project is authorized for construction of a navigation channel that is 10 feet deep by 100 feet wide'.CommentsClose CommentsPermalink
SEC. 3114. DENISON, TEXAS.(a) In General- The Secretary shall offer to convey at fair market value to the city of Denison, Texas (or a designee of the city), all right, title, and interest of the United States in and to the approximately 900 acres of land located in Grayson County, Texas, which is currently subject to an Application for Lease for Public Park and Recreational Purposes made by the city of Denison, dated August 17, 2005.(b) Survey to Obtain Legal Description- The exact acreage and description of the real property referred to in subsection (a) shall be determined by a survey paid for by the city of Denison, Texas (or a designee of the city), that is satisfactory to the Secretary.(c) Conveyance- On acceptance by the city of Denison, Texas (or a designee of the city), of an offer under subsection (a), the Secretary may immediately convey the land surveyed under subsection (b) by quitclaim deed to the city of Denison, Texas (or a designee of the city).SEC. 3115. CENTRAL CITY, FORT WORTH, TEXAS.For the purposes of achieving efficiencies, enhanced benefits, and complementary implementation, as compared with construction of the projects separately, the project for flood control and other purposes authorized by section 116 of division C of title I of the Consolidated Appropriations Act, 2005 (
(a) In General- The project for navigation, Freeport Harbor, Texas, authorized by section 101 of the River and Harbor Act of 1970 (84 Stat. 1818), is modified to provide that--CommentsClose CommentsPermalink
(1) all project costs incurred as a result of the discovery of the sunken vessel COMSTOCK of the Corps of Engineers are a Federal responsibility; andCommentsClose CommentsPermalink
(2) the Secretary shall not seek further obligation or responsibility for removal of the vessel COMSTOCK, or costs associated with a delay due to the discovery of the sunken vessel COMSTOCK, from the Port of Freeport.CommentsClose CommentsPermalink
(b) Cost Sharing- This section does not affect the authorized cost sharing for the balance of the project described in subsection (a).CommentsClose CommentsPermalink
SEC. 3117. HARRIS COUNTY, TEXAS.Section 575(b) of the Water Resources Development Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amended--(1) in paragraph (3), by striking `and' at the end;(2) in paragraph (4), by striking the period at the end and inserting `; and'; and(3) by adding the following:`(5) the project for flood control, Upper White Oak Bayou, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125).'.SEC. 3118 SEC. 3149. LAKE KEMP, TEXAS. CommentsClose CommentsPermalink
(a) In General- The Secretary may not take any legal or administrative action seeking to remove a Lake Kemp improvement before the earlier of January 1, 2020, or the date of any transfer of ownership of the improvement occurring after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Limitation on Liability- The United States, or any of its officers, agents, or assignees, shall not be liable for any injury, loss, or damage accruing to the owners of a Lake Kemp improvement, their lessees, or occupants as a result of any flooding or inundation of such improvements by the waters of the Lake Kemp reservoir, or for such injury, loss, or damage as may occur through the operation and maintenance of the Lake Kemp dam and reservoir in any manner.CommentsClose CommentsPermalink
(c) Lake Kemp Improvement Defined- In this section, the term `Lake Kemp improvement' means an improvement (including dwellings) located within the flowage easement of Lake Kemp, Texas, below elevation 1159 feet mean sea level.CommentsClose CommentsPermalink
SEC. 3150. LOWER RIO GRANDE BASIN, TEXAS.CommentsClose CommentsPermalink
The project for flood control, Lower Rio Grande Basin, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125), is modified--CommentsClose CommentsPermalink
(1) to include as part of the project flood protection works to reroute drainage to Raymondville Drain constructed by the non-Federal interests in Hidalgo County in the vicinity of Edinburg, Texas, if the Secretary determines that such work is feasible;CommentsClose CommentsPermalink
(2) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
(3) to direct the Secretary in calculating the non-Federal share of the cost of the project, to make a determination, within 180 days after the date of enactment of this Act, under section 103(m) of the Water Resources Development Act of 1986 (
SEC. 3151. NORTH PADRE ISLAND, CORPUS CHRISTI BAY, TEXAS.CommentsClose CommentsPermalink
The project for ecosystem restoration and storm damage reduction, North Padre Island, Corpus Christi Bay, Texas, authorized by section 556 of the Water Resources Development Act of 1999 (113 Stat. 353), is modified to include recreation as a project purpose.CommentsClose CommentsPermalink
SEC. 3152. PAT MAYSE LAKE, TEXAS.CommentsClose CommentsPermalink
The Secretary is directed to accept from the city of Paris, Texas, $3,461,432 as payment in full of monies owed to the United States for water supply storage space in Pat Mayse Lake, Texas, under contract number DA-34-066-CIVENG-65-1272, including accrued interest.CommentsClose CommentsPermalink
SEC. 3153. PROCTOR LAKE, TEXAS.CommentsClose CommentsPermalink
The Secretary is authorized to purchase fee simple title to all properties located within the boundaries, and necessary for the operation, of the Proctor Lake project, Texas, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1259).CommentsClose CommentsPermalink
SEC. 3154. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.CommentsClose CommentsPermalink
The project for flood control, San Antonio Channel, Texas, authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 1259) as part of the comprehensive plan for flood protection on the Guadalupe and San Antonio Rivers in Texas and modified by section 103 of the Water Resources Development Act of 1976 (90 Stat. 2921) and section 335 of the Water Resources Development Act of 2000 (114 Stat. 2611), is modified to authorize the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 3155. CONNECTICUT RIVER RESTORATION, VERMONT.CommentsClose CommentsPermalink
Notwithstanding section 221 of the Flood Control Act of 1970 (
SEC. 3119SEC. 3156. DAM REMEDIATION, VERMONT.CommentsClose CommentsPermalink
Section 543 of the Water Resources Development Act of 2000 (114 Stat. 2673) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--(A) in paragraph (2),(2) by striking `and' at the end;CommentsClose CommentsPermalink
(B) in paragraph (3),2) in subsection (a)(3) by striking the period at the end and inserting `; and';CommentsClose CommentsPermalink
and(C) by adding at the end(3) by adding at the end of subsection (a) the following:CommentsClose CommentsPermalink
`(4) may carry out measures to restore, protect, and preserve an ecosystem affected by a dam described in subsection (b).'; andCommentsClose CommentsPermalink
(2) in subsection (b), by adding at the end4) by adding at the end of subsection (b) the following:CommentsClose CommentsPermalink
`(11) Camp Wapanacki, Hardwick.CommentsClose CommentsPermalink
`(12) Star Lake Dam, Mt. Holly.CommentsClose CommentsPermalink
`(13) Curtis Pond, Calais.CommentsClose CommentsPermalink
`(14) Weathersfield Reservoir, Springfield.CommentsClose CommentsPermalink
`(15) Burr Pond, Sudbury.CommentsClose CommentsPermalink
`(16) Maidstone Lake, Guildhall.CommentsClose CommentsPermalink
`(17) Upper and Lower Hurricane Dam.CommentsClose CommentsPermalink
`(18) Lake Fairlee.CommentsClose CommentsPermalink
`(19) West Charleston Dam.CommentsClose CommentsPermalink
'.SEC. 3120 `(20) White River, Sharon.'. CommentsClose CommentsPermalink
SEC. 3157. LAKE CHAMPLAIN EURASIAN MILFOIL, WATER CHESTNUT, AND OTHER NONNATIVE PLANT CONTROL, VERMONT.CommentsClose CommentsPermalink
Under authority of section 104 of the River and Harbor Act of 1958 (
SEC. 3121SEC. 3158. UPPER CONNECTICUT RIVER BASIN WETLAND RESTORATION, VERMONT AND NEW HAMPSHIRE.CommentsClose CommentsPermalink
(a) In General- The Secretary, in cooperation with the States of Vermont and New Hampshire, shall carry out a study and develop a strategy for the use of wetland restoration, soil and water conservation practices, and nonstructural measures to reduce flood damage, improve water quality, and create wildlife habitat in the Upper Connecticut River watershed.CommentsClose CommentsPermalink
(b) Cost Sharing-(1) FEDERAL SHARE- The Federal share of the cost of the study and development of the strategy under subsection (a) shall be 65 percent.(2) NON-FEDERAL SHARE- The non-Federal share of the cost of the study and development of the strategy may be provided through the contribution of in-kind services and materials.(c) Non-Federal Interest- A nonprofit organization with wetland restoration experience may serve as the non-Federal interest for the study and development of the strategy under this section.(d)Cooperative Agreements- In conducting the study and developing the strategy under this section, the Secretary may enter into 1 or more cooperative agreements to provide technical assistance to appropriate Federal, State, and local one or more cooperative agreements to provide technical assistance to appropriate Federal, State, and local agencies and nonprofit organizations with wetland restoration experience, including assistance for the implementation of. Such assistance may include assistance for the implementation of wetland restoration projects and soil and water conservation measures.CommentsClose CommentsPermalink
(ec) Implementation- The Secretary shall carry out development and implementation of the strategy under this section in cooperation with local landowners and local government officials.CommentsClose CommentsPermalink
(fd) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000, to remain available until expended.CommentsClose CommentsPermalink
SEC. 3122SEC. 3159. UPPER CONNECTICUT RIVER BASIN ECOSYSTEM RESTORATION, VERMONT AND NEW HAMPSHIRE.CommentsClose CommentsPermalink
(a) General Management Plan Development-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in cooperation with the Secretary of Agriculture and in consultation with the States of Vermont and New Hampshire and the Connecticut River Joint Commission, shall conduct a study and develop a general management plan for ecosystem restoration of the Upper Connecticut River ecosystem for the purposes of--CommentsClose CommentsPermalink
(A) habitat protection and restoration;CommentsClose CommentsPermalink
(B) streambank stabilization;CommentsClose CommentsPermalink
(C) restoration of stream stability;CommentsClose CommentsPermalink
(D) water quality improvement;CommentsClose CommentsPermalink
(E)invasiv aquatic nuisance species control;CommentsClose CommentsPermalink
(F) wetland restoration;CommentsClose CommentsPermalink
(G) fish passage; andCommentsClose CommentsPermalink
(H) natural flow restoration.CommentsClose CommentsPermalink
(2) EXISTING PLANS- In developing the general management plan, the Secretary shall depend heavily on existing plans for the restoration of the Upper Connecticut River.CommentsClose CommentsPermalink
(b) Critical Restoration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may participate in any critical restoration project in the Upper Connecticut River Bbasin in accordance with the general management plan developed under subsection (a).CommentsClose CommentsPermalink
(2) ELIGIBLE PROJECTS- A critical restoration project shall be eligible for assistance under this section if the project--CommentsClose CommentsPermalink
(A) meets the purposes described in the general management plan developed under subsection (a); andCommentsClose CommentsPermalink
(B) with respect to the Upper Connecticut River and Upper Connecticut River watershed, consists of--CommentsClose CommentsPermalink
(i) bank stabilization of the main stem, tributaries, and streams;CommentsClose CommentsPermalink
(ii) wetland restoration and migratory bird habitat restoration;CommentsClose CommentsPermalink
(iii) soil and water conservation;CommentsClose CommentsPermalink
(iv) restoration of natural flows;CommentsClose CommentsPermalink
(v) restoration of stream stability;CommentsClose CommentsPermalink
(vi) implementation of an intergovernmental agreement for coordinating ecosystem restoration, fish passage installation, streambank stabilization, wetland restoration, habitat protection and restoration, or natural flow restoration;CommentsClose CommentsPermalink
(vii) water quality improvement;CommentsClose CommentsPermalink
(viii)invasiv aquatic nuisance species control;CommentsClose CommentsPermalink
(ix) wetland restoration and migratory bird habitat restoration;(x) improvements in fish migration; andCommentsClose CommentsPermalink
(xi) conduct of any other project or activity determined to be appropriate by the Secretary.CommentsClose CommentsPermalink
(c) Cost Sharing- The Federal share of the cost of any project carried out under this section shall not be less than 65 percent.(d) Non-Federal Interest- A nonprofit organization may serve as the non-Federal interest for a project carried out under this section.(e) Crediting-(1) FOR WORK- The Secretary shall provide credit, including credit for in-kind contributions of up to 100 percent of the non-Federal share, for work (including design work and materials) if the Secretary determines that the work performed by the non-Federal interest is integral to the product.(2) FOR OTHER CONTRIBUTIONS- The non-Federal interest shall receive credit for land, easements, rights-of-way, dredged material disposal areas, and relocations necessary to implement the projects.(f) Cooperative Agreements- In carrying out this section, the Secretary may enter into 1one or more cooperative agreements to provide financial assistance to appropriate Federal, State, or local governments or nonprofitagencies, including assistance for the implementation of projects to be carried out under subsection (b).(g agencies. Such assistance may include assistance for the implementation of projects to be carried out under subsection (b).CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000, to remain available until expended.SEC. 3123. Such sums shall remain available until expended.CommentsClose CommentsPermalink
SEC. 3160. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.CommentsClose CommentsPermalink
Section 542 of the Water Resources Development Act of 2000 (114 Stat. 2671) is amended--CommentsClose CommentsPermalink
(1) in subsection (b)(2)--CommentsClose CommentsPermalink
(A) in subparagraph (D), by striking `or' at the endby striking `or' at the end of subparagraph (D);CommentsClose CommentsPermalink
(B) by redesignating subparagraph (E) as subparagraph (G); andCommentsClose CommentsPermalink
(C) by inserting after subparagraph (D) the following:CommentsClose CommentsPermalink
`(E) river corridor assessment, protection, management, and restoration for the purposes of ecosystem restoration;CommentsClose CommentsPermalink
`(F) geographic mapping conducted by the Secretary using existing technical capacity to produce a high-resolution, multispectral satellite imagery-based land use and cover data set; or';CommentsClose CommentsPermalink
(2) in subsection (e)(2)--(A) in subparagraph (A)--(i(A)--CommentsClose CommentsPermalink
(A) by striking `The non-Federal' and inserting the following:CommentsClose CommentsPermalink
`(i) IN GENERAL- The non-Federal'; andCommentsClose CommentsPermalink
(iiB) by adding at the end the following:CommentsClose CommentsPermalink
`(ii) APPROVAL OF DISTRICT ENGINEER- Approval of credit for design work of less than $100,000 shall be determined by the appropriate district engineer.';CommentsClose CommentsPermalink
and(B) in subparagraph (C),(3) in subsection (e)(2)(C) by striking `up to 50 percent of'; andCommentsClose CommentsPermalink
(3) in subsection (g),4) in subsection (g) by striking `$20,000,000' and inserting `$32,000,000'.CommentsClose CommentsPermalink
SEC. 3124. CHESAPEAKE BAY OYSTER RESTORATION, VIRGINIA AND MARYLAND.Section 704(b) of the Water Resources Development Act of 1986 (
The project for beach erosion control and hurricane protection, Sandbridge Beach, Virginia Beach, Virginia, authorized by section 101(22) of the Water Resources Development Act of 1992 (106 Stat. 4804) and modified by section 338 of the Water Resources Development Act of 2000 (114 Stat. 2612), is modified to authorize the Secretary to review the project to determine whether any additional Federal interest exists with respect to the project, taking into consideration conditions and development levels relating to the project in existence on the date of enactment of this Act.CommentsClose CommentsPermalink
SEC. 3162. TANGIER ISLAND SEAWALL, VIRGINIA.CommentsClose CommentsPermalink
Section 577(a) of the Water Resources Development Act of 1996 (110 Stat. 3789) is amended by striking `at a total cost of $1,200,000, with an estimated Federal cost of $900,000 and an estimated non-Federal cost of $300,000.' and inserting `at a total cost of $3,000,000, with an estimated Federal cost of $2,400,000 and an estimated non-Federal cost of $600,000.'.SEC. 3127. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY, WASHINGTON.(a) In General- The Lower Columbia River levees and bank protection works authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 178) is modified with regard to the Wahkiakum County diking districts No. 1 and 3, but without regard to any cost ceiling authorized before the date of enactment of this Act, to direct the Secretary to provide a 1-time placement of dredged material along portions of the Columbia River shoreline of Puget Island, Washington, between river miles 38 to 47, and the shoreline of Westport Beach, Clatsop County, Oregon, between river miles 43 to 45, to protect economic and environmental resources in the area from further erosion.(b) Coordination and Cost Sharing Requirements- The Secretary shall carry out subsection (a)--(1) in coordination with appropriate resource agencies;(2) in accordance with all applicable Federal law (including regulations); and(3) at full Federal expense.(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,000,000.SEC. 3128. LOWER GRANITE POOL600,000.'.CommentsClose CommentsPermalink
SEC. 3163. DUWAMISH/GREEN, WASHINGTON.CommentsClose CommentsPermalink
(a) Extinguishment of Reversionary Interests and Use Restrictions- With respect to property covered by each deed described in subsection (b)--(1) the reversionary interests and use restrictions relating to port or industrial purposes are extinguished;(2) the human habitation or other building structure use restriction is extinguished in each area in which the elevation is above the standard project flood elevation; and(3) the use of fill material to raise low areas above the standard project flood elevation is authorized, except in any low area constituting wetland for which a permit under section 404 of the Federal Water Pollution Control Act (33 The project for ecosystem restoration, Duwamish/Green, Washington, authorized by section 101(b)(26) of the Water Resources Development Act of 2000 (114 Stat. 2579), is modified-- CommentsClose CommentsPermalink
(1) to direct the Secretary to credit, in accordance with section 221 of the Flood Control Act of 1970 (
(2) to authorize the non-Federal interest to provide any portion of the non-Federal share of the cost of the project in the form of in-kind services and materials.CommentsClose CommentsPermalink
SEC. 3164. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE, WASHINGTON AND IDAHO.CommentsClose CommentsPermalink
(a) Transfer of Administrative Jurisdiction- Administrative jurisdiction over the land acquired for the McNary Lock and Dam Pproject and managed by the United States Fish and Wildlife Service under Cooperative Agreement Ncooperative agreement number DACW68-4-00-13 with the Corps of Engineers, Walla Walla District, is transferred from the Secretary to the Secretary of the Interior.CommentsClose CommentsPermalink
(b) Easements- The transfer of administrative jurisdiction under subsection (aparagraph (1) shall be subject to easements in existence as of the date of enactment of this Act on land subject to the transfer.CommentsClose CommentsPermalink
(c) Rights of Secretary-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (3subparagraph (C), the Secretary shall retain rights described in paragraph (2subparagraph (B) with respect to the land for which administrative jurisdiction is transferred under subsection (aparagraph (1).CommentsClose CommentsPermalink
(2) RIGHTS- The rights of the Secretary referred to in paragraph (1) are the rights--CommentsClose CommentsPermalink
(A) to flood land described in subsection (a) to the standard project flood elevation;CommentsClose CommentsPermalink
(B) to manipulate the level of the McNary Project Pool;(C) to access suchproject pool;CommentsClose CommentsPermalink
(C) to access land described in subsection (a) as may be required to install, maintain, and inspect sediment ranges and carry out similar activities;CommentsClose CommentsPermalink
(D) to construct and develop wetland, riparian habitat, or other environmental restoration features authorized by section 1135 of the Water Resources Development Act of 1986 (
(E) to dredge and deposit fill materials; andCommentsClose CommentsPermalink
(F) to carry out management actions for the purpose of reducing the take of juvenile salmonids by avian colonies that inhabit, before, on, or after the date of enactment of this Act, any island included in the land described in subsection (a).CommentsClose CommentsPermalink
(3) COORDINATION- Before exercising a right described in any of subparagraphs (C) through (F) of paragraph (2), the Secretary shall coordinate the exercise with the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink
(d) Management-CommentsClose CommentsPermalink
(1) IN GENERAL- The land described in subsection (a) shall be managed by the Secretary of the Interior as part of the McNary National Wildlife Refuge.CommentsClose CommentsPermalink
(2) CUMMINS PROPERTY-CommentsClose CommentsPermalink
(A) RETENTION OF CREDITS- Habitat unit credits described in the memorandum entitled `Design Memorandum No. 6, LOWER SNAKE RIVER FISH AND WILDLIFE COMPENSATION PLAN, Wildlife Compensation and Fishing Access Site Selection, Letter Supplement No. 15, SITE DEVELOPMENT PLAN FOR THE WALLULA HMU' provided for the Lower Snake River Fish and Wildlife Compensation Plan through development of the parcel of land formerly known as the `Cummins property' shall be retained by the Secretary despite any changes in management of the parcel on or after the date of enactment of this Act.CommentsClose CommentsPermalink
(B) SITE DEVELOPMENT PLAN- The United States Fish and Wildlife ServiceDirector shall obtain prior approval of the Washington State Department of Fish and Wildlife for anydepartment of fish and wildlife for any change to the previously approved site development plan for the parcel of land formerly known as the `Cummins property'.CommentsClose CommentsPermalink
(3) MADAME DORIAN RECREATION AREA- The United States Fish and Wildlife ServiceDirector shall continue operation of the Madame Dorian Recreation Area for public use and boater access.CommentsClose CommentsPermalink
(e) Administrative Costs- The United States Fish and Wildlife ServiceDirector shall be responsible for all survey, environmental compliance, and other administrative costs required to implement the transfer of administrative jurisdiction under subsection (a).CommentsClose CommentsPermalink
SEC. 3130SEC. 3165. SNAKE RIVER PROJECT, WASHINGTON AND IDAHO.CommentsClose CommentsPermalink
The Fish and Wildlife Compensation P(a) In General- The fish and wildlife compensation plan for the Lower Snake River, Washington and Idaho, as authorized by section 1012 of the Water Resources Development Act of 1976 (90 Stat. 2921), is modifiamended to authorize the Secretary to conduct studies and implement aquatic and riparian ecosystem restorations and improvements specifically for fisheries and wildlife.CommentsClose CommentsPermalink
SEC. 3131. WHATCOM CREEK WATERWAY, BELLINGHAM (b) Authorization of Appropriations- There is authorized to be appropriated $5,000,000 to carry out this section. CommentsClose CommentsPermalink
SEC. 3166. YAKIMA RIVER, PORT OF SUNNYSIDE, WASHINGTON.CommentsClose CommentsPermalink
That portion of the project for navigation, Whatcom Creek Waterway, Bellingham, Washington, authorized by the Act of June 25, 1910 (36 Stat. 664, chapter 382) (commonly known as the `River and Harbor Act of 1910') and the River and Harbor Act of 1958 (72 Stat. 299), consisting of the last 2,900 linear feet of the inner portion of the waterway, and beginning at station 29+00 to station 0+00, shall not be authorized as of the date of enactment of this Act.SEC. 3132e project for aquatic ecosystem restoration, Yakima River, Port of Sunnyside, Washington, being carried out under section 206 of the Water Resources Development Act of 1996 (
SEC. 3167. BLUESTONE LAKE, OHIO RIVER BASIN, WEST VIRGINIA.CommentsClose CommentsPermalink
Section 102(ff) of the Water Resources Development Act of 1992 (106 Stat. 4810, 110 Stat. 3726, 113 Stat. 312) is amended to read as follows:CommentsClose CommentsPermalink
`(ff) Bluestone Lake, Ohio River Basin, West Virginia-CommentsClose CommentsPermalink
`(1) IN GENERAL- The project for flood control, Bluestone Lake, Ohio River Basin, West Virginia, authorized by section 4 of the Flood Control Act of 1938 (52 Stat. 1217) is modified to direct the Secretary to implement Plan C/G, as defined in the Evaluation Report of the District Engineer dated December 1996, to prohibit the release of drift and debris into waters downstream of the project (other than organic matter necessary to maintain and enhance the biological resources of such waters and such nonobtrusive items of debris as may not be economically feasible to prevent being released through such project), including measures to prevent the accumulation of drift and debris at the project, the collection and removal of drift and debris on the segment of the New River upstream of the project, and the removal (through use of temporary or permanent systems) and disposal of accumulated drift and debris at Bluestone Dam.CommentsClose CommentsPermalink
`(2) COOPERATIVE AGREEMENT- In carrying out the downstream cleanup under the plan referred to in paragraph (1), the Secretary may enter into a cooperative agreement with the West Virginia department of environmental protection for the department to carry out the cleanup, including contracting and procurement services, contract administration and management, transportation and disposal of collected materials, and disposal fees.CommentsClose CommentsPermalink
`(3) INITIAL CLEANUP- The Secretary may provide the West Virginia department of environmental protection up to $150,000 from funds previously appropriated for this purpose for the Federal share of the costs of the initial cleanup under the plan.'.CommentsClose CommentsPermalink
SEC. 3168. GREENBRIER RIVER BASIN, WEST VIRGINIA.CommentsClose CommentsPermalink
Section 579(c) of the Water Resources Development Act of 1996 (110 Stat. 3790; 113 Stat. 312) is amended by striking `$47,000,000' and inserting `$99,000,000'.CommentsClose CommentsPermalink
SEC. 3169. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.CommentsClose CommentsPermalink
Section 30(d) of the Water Resources Development Act of 1988 (102 Stat. 4030; 114 Stat. 2678) is amended to read as follows:CommentsClose CommentsPermalink
`(d) Historic Structure- The Secretary shall ensure the preservation and restoration of the structure known as the `Jenkins House' and the reconstruction of associated buildings and landscape features of such structure located within the Lesage/Greenbottom Swamp in accordance with the standards of the Department of the Interior for the treatment of historic properties. Amounts made available for expenditure for the project authorized by section 301(a) of the Water Resources Development Act of 1986 (100 Stat. 4110) shall be available for the purposes of this subsection.'.CommentsClose CommentsPermalink
SEC. 3170. LOWER MUD RIVER, MILTON, WEST VIRGINIA.CommentsClose CommentsPermalink
The project for flood damage reduction at Lower Mud River,control at Milton, West Virginia, authorized by section 580 of the Water Resources Development Act of 1996 (110 Stat. 3790; ) and modified by section 340 of the Water Resources Development Act of 2000 (114 Stat. 2612), is modified to authorize the Secretary to carry out the project in accordance with the recommended plan described in the Draft Limited Reevaluation Report of the Corps of Engineers datedonstruct the project substantially in accordance with the draft report of the Corps of Engineers dated May 2004, at an estimated total cost of $57,100,000, with an estimated Federal cost of $42,825,000 and an estimated non-Federal cost of $14,275,000.CommentsClose CommentsPermalink
SEC. 3133SEC. 3171. MCDOWELL COUNTY, WEST VIRGINIA.CommentsClose CommentsPermalink
(a) In General- The McDowell County nonstructural component of the project for flood control, Levisa and Tug Fork of the Big Sandy and Cumberland Rivers, West Virginia, Virginia, and Kentucky, authorized by section 202(a) of the Energy and Water Development Appropriation Act, 1981 (94 Stat. 1339), is modified to direct the Secretary to take measures to provide protection, throughout McDowell County, West Virginia, from the reoccurrence of the greater of--CommentsClose CommentsPermalink
(1) the April 1977 flood;CommentsClose CommentsPermalink
(2) the July 2001 flood;CommentsClose CommentsPermalink
(3) the May 2002 flood; orCommentsClose CommentsPermalink
(4) the 100-year frequency event.CommentsClose CommentsPermalink
(b) Updates and Revisions- The measures under subsection (a) shall be carried out in accordance with, and during the development of, the updates and revisions under section 2006(e)(2).SEC. 3134 SEC. 3172. PARKERSBURG, WEST VIRGINIA. CommentsClose CommentsPermalink
The Secretary is authorized to carry out the ecosystem restoration, recreation, and flood control components of the report of the Corps of Engineers, entitled `Parkersburg/Vienna Riverfront Park Feasibility Study', dated June 1998, as amended by the limited reevaluation report of the Corps of Engineers, dated March 2004, at a total cost of $12,000,000, with an estimated Federal cost of $6,000,000, and an estimated non-Federal cost of $6,000,000.CommentsClose CommentsPermalink
SEC. 3173. GREEN BAY HARBOR PROJECT, GREEN BAY, WISCONSIN.CommentsClose CommentsPermalink
The portion of the inner harbor of the Federal navigation channel of the Green Bay Harbor project, authorized by the first section of the Act entitled `An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes', approved July 5, 1884 (commonly known as the `River and Harbor Act of 1884') (23 Stat. 136, chapter 229), from Station 190+00 to Station 378+00 is authorized to a width of 75 feet and a depth of 6 feet.CommentsClose CommentsPermalink
SEC. 3135SEC. 3174. MANITOWOC HARBOR, WISCONSIN.CommentsClose CommentsPermalink
(a) In General.- The portion of the project for navigation, The project for navigation, Manitowoc Harbor, Wisconsin, authorized by the first section of the River and Harbor Act of AugustRiver and Harbor Act of August 30, 1852 (10 Stat. 58), consisting of the channel in the south part of the outer harbor, deauthorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1176), may be carried out by the Secretary.(b) Limitation- No construction on the project may be initiated until the Secretary determines that the project is feasible.SEC. 3136. OCONTO HARBOR, WISCONSIN.(a) In General- The portion of the project for navigation, Oconto Harbor, Wisconsin, authorized by the Act of August 2, 1882 (22 Stat. 196, chapter 375), and the Act of June 25, 1910 (36 Stat. 664, chapter 382) (commonly known as the `River and Harbor Act of 1910'), consisting of a 15-foot-deep turning basin in the Oconto River, as described in subsection (b), is no longer authorized.(b) Project Description- The project referred to in subsection (a) is more particularly described as--(1) beginning at a point along the western limit of the existing project, N. 394,086.71, E. 2,530,202.71;(2) thence northeasterly about 619.93 feet to a point N. 394,459.10, E. 2,530,698.33;(3) thence southeasterly about 186.06 feet to a point N. 394,299.20, E. 2,530,793.47;(4) thence southwesterly about 355.07 feet to a point N. 393,967.13, E. 2,530,667.76;(5) thence southwesterly about 304.10 feet to a point N. 393,826.90, E. 2,530,397.92; and(6) thence northwesterly about 324.97 feet to the point of origin.SEC. 3137is modified to direct the Secretary to deepen the upstream reach of the navigation channel from 12 feet to 18 feet, at a total cost of $405,000.CommentsClose CommentsPermalink
SEC. 3175. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.CommentsClose CommentsPermalink
Section 21 of the Water Resources Development Act of 1988 (102 Stat. 4027) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `1276.42' and inserting `1278.42';CommentsClose CommentsPermalink
(B) by striking `1218.31' and inserting `1221.31'; andCommentsClose CommentsPermalink
(C) by striking `1234.82' and inserting `1235.30'; andCommentsClose CommentsPermalink
(2) by striking subsection (b) and inserting the following:CommentsClose CommentsPermalink
`(b) Exception-`(1) IN GENERAL- The Secretary may operate the headwaters reservoirs below the minimum or above the maximum water levels established underin subsection (a) in accordance with water control regulation manuals (or revisions to those manualshereto) developed by the Secretary, after consultation with the Governor of Minnesota and affected tribal governments, landowners, and commercial and recreational users.`(2) EFFECTIVE DATE OF MANUALS- The water control The water control regulation manuals referred to in paragraph (1) (and any revisions to those manuals) shall be effective as of the date on which the Secretary submits the manuals (or revisions) to Congress.`(3) NOTIFICATION-`(A) IN GENERAL- Except as provided in subparagraph (B), not less thanand any revisions thereto) shall be effective when the Secretary transmits them to Congress. The Secretary shall report to Congress at least 14 days before operating any such headwaters reservoir below the minimum or above the maximum water level limits specified in subsection (a), the Secretary shall submit to Congress a notice of intent to operate the headwaters reservoir.`(B) EXCEPTION- Notice under subparagraph (A) shall not be required in any case in which--`(i) the operation of a headwaters reservoir is necessary to; except that notification is not required for operations necessary to prevent the loss of life or to ensure the safety of a dam; or`(ii) the drawdown of the water level of the reservoir is in anticipation of a flood control operation.'.SEC. 3138. LOWER MISSISSIPPI RIVER MUSEUM AND RIVERFRONT INTERPRETIVE SITE.Section 103(c)(2) of the Water Resources Development Act of 1992 (106 Stat. 4811) is amended by striking `property currently held by the Resolution Trust Corporation in the vicinity of the Mississippi River Bridge' and inserting `riverfront property'.SEC. 3139. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT PROGRAM.(a) In General- Notwithstanding section 221 of the Flood Control Act of 1970 (
SEC. 3176. UPPER BASIN OF MISSOURI RIVER.CommentsClose CommentsPermalink
(a) Use of Funds- Notwithstanding the Energy and Water Development Appropriations Act, 2006 (
(b) Conforming Amendment- The matter under the heading `missouri river mitigation, missouri, kansas, iowa, and nMissouri River Mitigation, Missouri, Kansas, Iowa, and Nebraska' of section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: `The Secretary may carry out any recovery or mitigation activities in the upper basin of the Missouri River, including the States of Montana, Nebraska, North Dakota, and South Dakota, using funds made available under this headingparagraph in accordance with the Endangered Species Act of 1973 (
SEC. 3141. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATIONSEC. 3177. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT PROGRAM.CommentsClose CommentsPermalink
(a) Great Lakes Fishery and Ecosystem Restoration- Section 506(c) of the Water Resources Development Act of 2000 (
SEC. 3178. UPPER OHIO RIVER AND TRIBUTARIES NAVIGATION SYSTEM NEW TECHNOLOGY PILOT PROGRAM.CommentsClose CommentsPermalink
(a) Definition of Upper Ohio River and Tributaries Navigation System- In this section, Upper Ohio River and Tributaries Navigation System Defined- In this section, the term `Upper Ohio River and Tributaries Navigation Snavigation system' means the Allegheny, Kanawha, Monongahela, and Ohio Rivers.CommentsClose CommentsPermalink
(b) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall establish a pilot program to evaluate new technologies applicable to the Upper Ohio River and Tributaries Navigation Snavigation system.CommentsClose CommentsPermalink
(2) INCLUSIONS- The program may include the design, construction, or implementation of innovative technologies and solutions for the Upper Ohio River and Tributaries Navigation Snavigation system, including projects for--CommentsClose CommentsPermalink
(A) improved navigation;CommentsClose CommentsPermalink
(B) environmental stewardship;CommentsClose CommentsPermalink
(C) increased navigation reliability; andCommentsClose CommentsPermalink
(D) reduced navigation costs.CommentsClose CommentsPermalink
(3) PURPOSES- The purposes of the program shall be, with respect to the Upper Ohio River and Tributaries Navigation System--CommentsClose CommentsPermalink
(A) to increase the reliability and availability of federally-owned and federally- owned and federally operated navigation facilities;CommentsClose CommentsPermalink
(B) to decrease system operational risks; andCommentsClose CommentsPermalink
(C) to improve--CommentsClose CommentsPermalink
(i) vessel traffic management;CommentsClose CommentsPermalink
(ii) access; andCommentsClose CommentsPermalink
(iii) Federal asset management.CommentsClose CommentsPermalink
(c) Federal Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is federally owned.CommentsClose CommentsPermalink
(d) Local Cooperation Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall enter into local cooperation agreements with non-Federal interests to provide for the design, construction, installation, and operation of the projects to be carried out under the program.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each local cooperation agreement entered into under this subsection shall include the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a navigation improvement project, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project.CommentsClose CommentsPermalink
(3) COST SHARING- Total project costs under each local cooperation agreement shall be cost-shared in accordance with the formula relating to the applicable original construction project.CommentsClose CommentsPermalink
(4) EXPENDITURES-CommentsClose CommentsPermalink
(A) IN GENERAL- Expenditures under the program may include, for establishment at federally- owned property, such as locks, dams, and bridges--CommentsClose CommentsPermalink
(i) transmitters;CommentsClose CommentsPermalink
(ii) responders;CommentsClose CommentsPermalink
(iii) hardware;CommentsClose CommentsPermalink
(iv) software; andCommentsClose CommentsPermalink
(v) wireless networks.CommentsClose CommentsPermalink
(B) EXCLUSIONS- Transmitters, responders, hardware, software, and wireless networks orand other equipment installed on privately- owned vessels or equipment shall not be eligible under the program.CommentsClose CommentsPermalink
(e) Report- Not later than December 31, 2008, the Secretary shall submit to Congress a report on the results of the pilot program carried out under this section, together with recommendations concerning whether the program or any component of the program should be implemented on a national basis.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $3,100,000, to remain available until expended.SEC. 3145. PERRY CREEK, IOWA. Such sums shall remain available until expended.CommentsClose CommentsPermalink
SEC. 3179. CONTINUATION OF PROJECT AUTHORIZATIONS.CommentsClose CommentsPermalink
(a) In General- On making a determination described in subsection (b), the Secretary shall increase the Federal contribution for the project for flood control, Perry Creek, Iowa, authorized underNotwithstanding section 1001(b)(2) of the Water Resources Development Act of 1986 (
(1) The project for navigation, Sacramento Deep Water Ship Channel, California, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4092).CommentsClose CommentsPermalink
(2) The project for flood control, Agana River, Guam, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4116; 117 Stat. 184427).CommentsClose CommentsPermalink
(3) The project for navigation, Baltimore Harbor and Channels, Maryland and Virginia, authorized by section 101 of the River and Harbor Act of 1970 (84 Stat. 1818).CommentsClose CommentsPermalink
(4) The project for navigation, Fall River Harbor, Massachusetts, authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 731); except that the authorized depth of that portion of the project extending riverward of the Charles M. Braga, Jr. Memorial Bridge, Fall River and Somerset, Massachusetts, shall not exceed 35 feet.CommentsClose CommentsPermalink
(5) The project for flood control, Ecorse Creek, Wayne County, Michigan, authorized by section 101(a)(14) of the Water Resources Development Act of 1990 (104 Stat. 4607).CommentsClose CommentsPermalink
(b) Determination- A determination referred toLimitation- A project described in subsection (a) is a determination that a modification to the project described in that subsection is necessary for the Federal Emergency Management Agency to certify that the project provides flood damage reduction benefits to at least a 100-year level.(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $4,000,000.SEC. 3146. RATHBUN LAKE, IOWA.(a) Right of First Refusal- The Secretary shall provide, in accordance with the recommendations in the Rathbun Lake Reallocation Report approved by the Chief of Engineers onshall not be authorized for construction after the last day of the 5-year period beginning on the date of enactment of this Act, unless, during such period, funds have been obligated for the construction (including planning and design) of the project.CommentsClose CommentsPermalink
SEC. 3180. PROJECT REAUTHORIZATIONS.CommentsClose CommentsPermalink
Each of the following projects may be carried out by the Secretary and no construction on any such project may be initiated until the Secretary determines that the project is feasible:CommentsClose CommentsPermalink
(1) MENOMINEE HARBOR AND RIVER, MICHIGAN AND WISCONSIN- The project for navigation, Menominee Harbor and River, Michigan and Wisconsin, authorized by section 101 of the River and Harbor Act of 1960 (74 Stat. 482) and deauthorized on April 15, 2002, in accordance with section 1001(b)(2) of the Water Resources Development Act of 1986 (
(2) HEARDING ISLAND INLET, DULUTH HARBOR, MINNESOTA- The project for dredging, Hearding Island Inlet, Duluth Harbor, Minnesota, authorized by section 22 of the Water Resources Development Act of 1988 (102 Stat. 4027).CommentsClose CommentsPermalink
(3) MANITOWOC HARBOR, WISCONSIN- That portion of the project for navigation, Manitowoc Harbor, Wisconsin, authorized by the first section of the River and Harbor Act of August 30, 1852 (10 Stat. 58), consisting of the channel in the south part of the outer harbor, deauthorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1176).CommentsClose CommentsPermalink
SEC. 3181. PROJECT DEAUTHORIZATIONS.CommentsClose CommentsPermalink
(a) In General- The following projects are not authorized after the date of enactment of this Act:CommentsClose CommentsPermalink
(1) BRIDGEPORT HARBOR, CONNECTICUT- The portion of the project for navigation, Bridgeport Harbor, Connecticut, authorized by the first section of the River and Harbor Act of July 22, 1985, the Rathbun Regional Water Association with the right of first refusal to contract for or purchase any increment of the remaining allocation (8,320 acre-feet) of water supply storage in Rathbun Lake, Iowa.(b) Payment of Cost- The Rathbun Regional Water Association shall pay the cost of any water supply storage allocation provided under subsection (a).SEC. 3147. JACKSON COUNTY, MISSISSIPPI.(a) Modification- Section 331 of the Water Resources Development Act of 1999 (113 Stat. 305) is amended by striking `$5,000,000' and inserting `$9,000,000'3, 1930 (46 Stat. 919), consisting of an 18-foot channel in Yellow Mill River and described as follows: Beginning at a point along the eastern limit of the existing project, N123,649.75, E481,920.54, thence running northwesterly about 52.64 feet to a point N123,683.03, E481,879.75, thence running northeasterly about 1,442.21 feet to a point N125,030.08, E482,394.96, thence running northeasterly about 139.52 feet to a point along the eastern limit of the existing channel, N125,133.87, E482,488.19, thence running southwesterly about 1,588.98 feet to the point of origin.CommentsClose CommentsPermalink
(2) MYSTIC RIVER, CONNECTICUT- The portion of the project for navigation, Mystic River, Connecticut, authorized by the first section of the River and Harbor Appropriations Act of September 19, 1890 (26 Stat. 436) consisting of a 12-foot-deep channel, approximately 7,554 square feet in area, starting at a point N193,086.51, E815,092.78, thence running north 59 degrees 21 minutes 46.63 seconds west about 138.05 feet to a point N193,156.86, E814,974.00, thence running north 51 degrees 04 minutes 39.00 seconds west about 166.57 feet to a point N193,261.51, E814,844.41, thence running north 43 degrees 01 minutes 34.90 seconds west about 86.23 feet to a point N193,324.55, E814,785.57, thence running north 06 degrees 42 minutes 03.86 seconds west about 156.57 feet to a point N193,480.05, E814,767.30, thence running south 21 degrees 21 minutes 17.94 seconds east about 231.42 feet to a point N193,264.52, E814,851.57, thence running south 53 degrees 34 minutes 23.28 seconds east about 299.78 feet to the point of origin.CommentsClose CommentsPermalink
(3) NORWALK HARBOR, CONNECTICUT-CommentsClose CommentsPermalink
(A) IN GENERAL- The portions of a 10-foot channel of the project for navigation, Norwalk Harbor, Connecticut, authorized by the first section of the Act of March 2, 1919 (40 Stat. 1276) and described in subparagraph (B).CommentsClose CommentsPermalink
(B) DESCRIPTION OF PORTIONS- The portions of the channel referred to in subparagraph (A) are as follows:CommentsClose CommentsPermalink
(i) RECTANGULAR PORTION- An approximately rectangular-shaped section along the northwesterly terminus of the channel. The section is 35-feet wide and about 460-feet long and is further described as commencing at a point N104,165.85, E417,662.71, thence running south 24 degrees 06 minutes 55 seconds east 395.00 feet to a point N103,805.32, E417,824.10, thence running south 00 degrees 38 minutes 06 seconds east 87.84 feet to a point N103,717.49, E417,825.07, thence running north 24 degrees 06 minutes 55 seconds west 480.00 feet, to a point N104,155.59, E417,628.96, thence running north 73 degrees 05 minutes 25 seconds east 35.28 feet to the point of origin.CommentsClose CommentsPermalink
(ii) PARALLELOGRAM-SHAPED PORTION- An area having the approximate shape of a parallelogram along the northeasterly portion of the channel, southeast of the area described in clause (i), approximately 20 feet wide and 260 feet long, and further described as commencing at a point N103,855.48, E417,849.99, thence running south 33 degrees 07 minutes 30 seconds east 133.40 feet to a point N103,743.76, E417,922.89, thence running south 24 degrees 07 minutes 04 seconds east 127.75 feet to a point N103,627.16, E417,975.09, thence running north 33 degrees 07 minutes 30 seconds west 190.00 feet to a point N103,786.28, E417,871.26, thence running north 17 degrees 05 minutes 15 seconds west 72.39 feet to the point of origin.CommentsClose CommentsPermalink
(C) EXCLUSION- Notwithstanding any other provision of this paragraph, the Secretary shall realign the 10-foot channel potion of the project referred to in subparagraph (A) to include, immediately north of the area described in subparagraph (B)(ii), a triangular section described as commencing at a point N103,968.35, E417,815.29, thence running south 17 degrees 05 minutes 15 seconds east 118.09 feet to a point N103,855.48, E417,849.99, thence running north 33 degrees 07 minutes 30 seconds west 36.76 feet to a point N103,886.27, E417,829.90, thence running north 10 degrees 05 minutes 26 seconds west 83.37 feet to the point of origin.CommentsClose CommentsPermalink
(4) ROCKLAND HARBOR, MAINE- The portion of the project for navigation, Rockland Harbor, Maine, authorized by the Act of June 3, 1896 (29 Stat. 202), consisting of a 14-foot channel located in Lermond Cove and beginning at a point with coordinates N99,977.37, E340,290.02, thence running easterly about 200.00 feet to a point with coordinates N99,978.49, E340,490.02, thence running northerly about 138.00 feet to a point with coordinates N100,116.49, E340,289.25, thence running westerly about 200.00 feet to a point with coordinates N100,115.37, E340,289.25, thence running southerly about 138.00 feet to the point of origin.CommentsClose CommentsPermalink
(5) ROCKPORT HARBOR, MAINE-CommentsClose CommentsPermalink
(A) IN GENERAL- The portion of the project for navigation, Rockport Harbor, Maine, authorized by the first section of the Act of August 11, 1888 (25 Stat. 400), located within the 12-foot anchorage described in subparagraph (B).CommentsClose CommentsPermalink
(B) DESCRIPTION OF ANCHORAGE- The anchorage referred to in subparagraph (A) is more particularly described as--CommentsClose CommentsPermalink
(i) beginning at the westernmost point of the anchorage at N128800.00, E349311.00;CommentsClose CommentsPermalink
(ii) thence running north 12 degrees, 52 minutes, 37.2 seconds east 127.08 feet to a point N128923.88, E349339.32;CommentsClose CommentsPermalink
(iii) thence running north 17 degrees, 40 minutes, 13.0 seconds east 338.61 feet to a point N129246.51, E349442.10;CommentsClose CommentsPermalink
(iv) thence running south 89 degrees, 21 minutes, 21.0 seconds east 45.36 feet to a point N129246.00, E349487.46;CommentsClose CommentsPermalink
(v) thence running south 44 degrees, 13 minutes, 32.6 seconds east 18.85 feet to a point N129232.49, E349500.61;CommentsClose CommentsPermalink
(vi) thence running south 17 degrees, 40 minutes 13.0 seconds west 340.50 feet to a point N128908.06, E349397.25;CommentsClose CommentsPermalink
(vii) thence running south 12 degrees, 52 minutes, 37.2 seconds west 235.41 feet to a point at N128678.57, E349344.79; andCommentsClose CommentsPermalink
(viii) thence running north 15 degrees, 32 minutes, 59.3 seconds west 126.04 feet to the point of origin.CommentsClose CommentsPermalink
(6) FALMOUTH HARBOR, MASSACHUSETTS- The portion of the project for navigation, Falmouth Harbor, Massachusetts, authorized by section 101 of the River and Harbor Act of 1948 (62 Stat. 1172), beginning at a point along the eastern side of the inner harbor N200,415.05, E845,307.98, thence running north 25 degrees 48 minutes 54.3 seconds east 160.24 feet to a point N200,559.20, E845,377.76, thence running north 22 degrees 7 minutes 52.4 seconds east 596.82 feet to a point N201,112.15, E845,602.60, thence running north 60 degrees 1 minute 0.3 seconds east 83.18 feet to a point N201,153.72, E845,674.65, thence running south 24 degrees 56 minutes 43.4 seconds west 665.01 feet to a point N200,550.75, E845,394.18, thence running south 32 degrees 25 minutes 29.0 seconds west 160.76 feet to the point of origin.CommentsClose CommentsPermalink
(7) ISLAND END RIVER, MASSACHUSETTS- The portion of the project for navigation, Island End River, Massachusetts, carried out under section 107 of the River and Harbor Act of 1960 (
(8) CITY WATERWAY, TACOMA, WASHINGTON- The portion of the project for navigation, City Waterway, Tacoma, Washington, authorized by the first section of the River and Harbor Appropriations Act of June 13, 1902 (32 Stat. 347), consisting of the last 1,000 linear feet of the inner portion of the waterway beginning at station 70+00 and ending at station 80+00.CommentsClose CommentsPermalink
(9) AUNT LYDIA'S COVE, MASSACHUSETTS-CommentsClose CommentsPermalink
(A) IN GENERAL- The portion of the project for navigation, Aunt Lydia's Cove, Massachusetts, constructed under section 107 of the River and Harbor Act of 1960 (
(B) DESCRIPTION OF PORTION- The portion of the project described in subparagraph (A) is more particularly described as the portion beginning at a point along the southern limit of the existing project, N254,332.00, E1,023,103.96, thence running northwesterly about 761.60 feet to a point along the western limit of the existing project N255,076.84, E1,022,945.07, thence running southwesterly about 38.11 feet to a point N255,038.99, E1,022,940.60, thence running southeasterly about 267.07 feet to a point N254,772.00, E1,022,947.00, thence running southeasterly about 462.41 feet to a point N254,320.06, E1,023,044.84, thence running northeasterly about 60.31 feet to the point of origin.CommentsClose CommentsPermalink
(10) WHATCOM CREEK WATERWAY, BELLINGHAM, WASHINGTON- The portion of the project for navigation, Whatcom Creek Waterway, Bellingham, Washington, authorized by the River and Harbor Act of June 25, 1910 (36 Stat. 664), and section 101 of the River and Harbor Act of 1958 (72 Stat. 299), consisting of the last 2,900 linear feet of the inner portion of the waterway and beginning at station 29+00 to station 0+00.CommentsClose CommentsPermalink
(11) OCONTO HARBOR, WISCONSIN-CommentsClose CommentsPermalink
(A) IN GENERAL- The portion of the project for navigation, Oconto Harbor, Wisconsin, authorized by the Act of August 2, 1882 (22 Stat. 196), and the Act of June 25, 1910 (36 Stat. 664) (commonly known as the `River and Harbor Act of 1910'), consisting of a 15-foot-deep turning basin in the Oconto River, as described in subparagraph (B).CommentsClose CommentsPermalink
(B) PROJECT DESCRIPTION- The project referred to in subparagraph (B) is more particularly described as--CommentsClose CommentsPermalink
(i) beginning at a point along the western limit of the existing project, N394,086.71, E2,530,202.71;CommentsClose CommentsPermalink
(ii) thence northeasterly about 619.93 feet to a point N394,459.10, E2,530,698.33;CommentsClose CommentsPermalink
(iii) thence southeasterly about 186.06 feet to a point N394,299.20, E2,530,793.47;CommentsClose CommentsPermalink
(iv) thence southwesterly about 355.07 feet to a point N393,967.13, E2,530,667.76;CommentsClose CommentsPermalink
(v) thence southwesterly about 304.10 feet to a point N393,826.90, E2,530,397.92; andCommentsClose CommentsPermalink
(vi) thence northwesterly about 324.97 feet to the point of origin.CommentsClose CommentsPermalink
(b) Applicability of Credit- The credit providnchorage Area, New London Harbor, Connecticut- The portion of the project for navigation, New London Harbor, Connecticut, authorized by the River and Harbor Appropriations Act of June 13, 1902 (32 Stat. 333), that consists of a 23-foot waterfront channel and that is further described as beginning at a point along the western limit of the existing project, N188, 802.75, E779, 462.81, thence running northeasterly about 1,373.88 feet to a point N189, 554.87, E780, 612.53, thence running southeasterly about 439.54 feet to a point N189, 319.88, E780, 983.98, thence running southwesterly about 831.58 feet to a point N188, 864.63, E780, 288.08, thence running southeasterly about 567.39 feet to a point N188, 301.88, E780, 360.49, thence running northwesterly about 1,027.96 feet to the point of origin, is redesignated as an anchorage area.CommentsClose CommentsPermalink
(c) Southport Harbor, Fairfield, Connecticut- The project for navigation, Southport Harbor, Fairfield, Connecticut, authorized by section 2 of the River and Harbor Act of March 2, 1829, and by the first section of the River and Harbor Act of August 30, 1935 (49 Stat. 1029), and section 364 of the Water Resources Development Act of 1996 (110 Stat. 3733-3734), is modified to redesignate a portion of the 9-foot-deep channel to an anchorage area, approximately 900 feet in length and 90,000 square feet in area, and lying generally north of a line with points at coordinates N108,043.45, E452,252.04 and N107,938.74, E452,265.74.CommentsClose CommentsPermalink
(d) Saco River, Maine- The portion of the project for navigation, Saco River, Maine, constructed under section 107 of the River and Harbor Act of 1960 (
(e) Union River, Maine- The project for navigation, Union River, Maine, authorized by the first section of the Act of June 3, 1896 (29 Stat. 215), is modified by redesignating as an anchorage area that portion of the project consisting of a 6-foot turning basin and lying northerly of a line commencing at a point N315,975.13, E1,004,424.86, thence running north 61 degrees 27 minutes 20.71 seconds west about 132.34 feet to a point N316,038.37, E1,004,308.61.CommentsClose CommentsPermalink
(f) Mystic River, Massachusetts- The portion of the project for navigation, Mystic River, Massachusetts, authorized by the first section of the River and Harbor Appropriations Act of July 13, 1892 (27 Stat. 96), between a line starting at a point N515,683.77, E707,035.45 and ending at a point N515,721.28, E707,069.85 and a line starting at a point N514,595.15, E707,746.15 and ending at a point N514,732.94, E707,658.38 shall be relocated and reduced from a 100-foot wide channel to a 50-foot wide channel after the date of enactment of this Act described as follows: Beginning at a point N515,721.28, E707,069.85, thence running southeasterly about 840.50 feet to a point N515,070.16, E707,601.27, thence running southeasterly about 177.54 feet to a point N514,904.84, E707,665.98, thence running southeasterly about 319.90 feet to a point with coordinates N514,595.15, E707,746.15, thence running northwesterly about 163.37 feet to a point N514,732.94, E707,658.38, thence running northwesterly about 161.58 feet to a point N514.889.47, E707,618.30, thence running northwesterly about 166.61 feet to a point N515.044.62, E707,557.58, thence running northwesterly about 825.31 feet to a point N515,683.77, E707,035.45, thence running northeasterly about 50.90 feet returning to a point N515,721.28, E707,069.85.CommentsClose CommentsPermalink
(g) Rivercenter, Philadelphia, Pennsylvania- Section 38(c) of the Water Resources Development Act of 1988 (
(h) Additional Deauthorizations- The following projects are not authorized after the date of enactment of this Act, except with respect to any portion of such a project which portion has been completed before such date or is under construction on such date:CommentsClose CommentsPermalink
(1) The project for flood protection on Atascadero Creek and its tributaries of Goleta, California, authorized by section 331 of the Water Resources Development Act of 1999 (113 Stat. 305) (as modified by subsection (a)) shall apply to costs incurred by the Jackson County Board of Supervisors during the period beginning on February 8, 1994, and ending on the date of enactment of this Act for projects authorized by section 219(c)(5)201 of the Flood Control Act of 1970 (84 Stat. 1826).CommentsClose CommentsPermalink
(2) The project for the construction of bridge fenders for the Summit and St. Georges Bridge for the Inland Waterway of the Delaware River to the C & D Canal of the Chesapeake Bay, Delaware and Maryland, authorized by the River and Harbor Act of 1954 (68 Stat. 1249).CommentsClose CommentsPermalink
(3) The project for flood control, central and southern Florida, Shingle Creek basin, Florida, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182).CommentsClose CommentsPermalink
(4) The project for flood control, Brevoort, Indiana, authorized by section 5 of the Flood Control Act of June 22, 1936 (49 Stat. 1587).CommentsClose CommentsPermalink
(5) The project for flood control, Middle Wabash, Greenfield Bayou, Indiana, authorized by section 10 of the Flood Control Act of July 24, 1946 (60 Stat. 649).CommentsClose CommentsPermalink
(6) The project for flood damage reduction, Lake George, Hobart, Indiana, authorized by section 602(a)(2) of the Water Resources Development Act of 1986 (100 Stat. 4148).CommentsClose CommentsPermalink
(7) The project for navigation at the Muscatine Harbor on the Mississippi River at Muscatine, Iowa, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166).CommentsClose CommentsPermalink
(8) The project for flood control and water supply, Eagle Creek Lake, Kentucky, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188).CommentsClose CommentsPermalink
(9) The project for flood control, Hazard, Kentucky, authorized by section 3(a)(7) of the Water Resources Development Act of 1988 (100 Stat. 4014) and section 108 of the Water Resources Development Act of 1990 (104 Stat. 4621).CommentsClose CommentsPermalink
(10) The project for flood control, western Kentucky tributaries, Kentucky, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1076) and modified by section 210 of the Flood Control Act of 1970 (84 Stat. 1829).CommentsClose CommentsPermalink
(11) The project for flood damage reduction, Tensas-Cocodrie area, Louisiana, authorized by section 3 of the Flood Control Act of August 18, 1941 (55 Stat. 643).CommentsClose CommentsPermalink
(12) The uncompleted portions of the project for navigation improvement for Bayou LaFourche and LaFourche Jump, Louisiana, authorized by the Act of August 30, 1935 (49 Stat. 1033), and the River and Harbor Act of 1960 (74 Stat. 481).CommentsClose CommentsPermalink
(13) The project for flood control, Eastern Rapides and South-Central Avoyelles Parishes, Louisiana, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1825).CommentsClose CommentsPermalink
(14) The project for erosion protection and recreation, Fort Livingston, Grande Terre Island, Louisiana, authorized by the Act of August 13, 1946 (
(15) The project for navigation, Northeast Harbor, Maine, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 12).CommentsClose CommentsPermalink
(16) The project for navigation, Tenants Harbor, Maine, authorized by the first section of the Act of March 2, 1919 (40 Stat. 1275).CommentsClose CommentsPermalink
(17) The project for navigation, New York Harbor and adjacent channels, Claremont Terminal, Jersey City, New Jersey, authorized by section 202(b) of the Water Resources Development Act of 1986 (100 Stat. 4098).CommentsClose CommentsPermalink
(18) The project for navigation, Olcott Harbor, Lake Ontario, New York, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143).CommentsClose CommentsPermalink
(19) The project for navigation, Outer Harbor, Buffalo, New York, authorized by section 110 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113 Stat. 1494; 114 Stat. 2763A-219).SEC. 3148. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.The project for beach erosion control and hurricane protection, Sandbridge Beach, Virginia17).CommentsClose CommentsPermalink
(20) The project for the Columbia River, Seafarers Memorial, Hammond, Oregon, authorized by title I of the Energy and Water Development Appropriations Act, 1991 (104 Stat. 2078).CommentsClose CommentsPermalink
(21) The project for navigation, Narragansett Town Beach, Narragansett, Rhode Island, authorized by section 361 of the Water Resources Development Act of 1992 (106 Stat. 4861).CommentsClose CommentsPermalink
(22) The project for bulkhead repairs, Quonset Point-Davisville, Rhode Island, authorized by section 571 of the Water Resources Development Act of 1996 (110 Stat. 3788).CommentsClose CommentsPermalink
(23) The structural portion of the project for flood control, Cypress Creek, Texas, authorized by section 3(a)(13) of the Water Resources Development Act of 1988 (102 Stat. 4014).CommentsClose CommentsPermalink
(24) The project for flood protection, East Fork Channel Improvement, Increment 2, East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185).CommentsClose CommentsPermalink
(25) The project for flood control, Falfurrias, Texas, authorized by section 3(a)(14) of the Water Resources Development Act of 1988 (102 Stat. 4014).CommentsClose CommentsPermalink
(26) The project for flood control, Pecan Bayou Lake, Texas, authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 742).CommentsClose CommentsPermalink
(27) The project for navigation improvements affecting Lake of the Pines, Texas, for the portion of the Red River below Fulton, Arkansas, authorized by the Act of July 13, 1892 (27 Stat. 103) and modified by the Act of July 24, 1946 (60 Stat. 635), the Act of May 17, 1950 (64 Stat. 163), and the River and Harbor Act of 1968 (82 Stat. 731).CommentsClose CommentsPermalink
(28) The project for navigation, Tennessee Colony Lake, Trinity River, Texas, authorized by section 204 of the River and Harbor Act of 1965 (79 Stat. 1091).CommentsClose CommentsPermalink
(29) The project for streambank erosion, Kanawha River, Charleston, West Virginia, authorized by section 101(22603(f)(13) of the Water Resources Development Act of 1986 (100 Stat. 4153).CommentsClose CommentsPermalink
SEC. 3182. LAND CONVEYANCES.CommentsClose CommentsPermalink
(a) St. Francis Basin, Arkansas and Missouri-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall convey to the State of Arkansas, without monetary consideration and subject to paragraph (2), all right, title, and interest in and to real property within the State acquired by the Federal Government as mitigation land for the project for flood control, St. Francis Basin, Arkansas and Missouri Project, authorized by the Flood Control Act of May 15, 1928 (
(2) TERMS AND CONDITIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- The conveyance by the United States under this subsection shall be subject to--CommentsClose CommentsPermalink
(i) the condition that the State of Arkansas agree to operate, maintain, and manage the real property for fish and wildlife, recreation, and environmental purposes at no cost or expense to the United States; andCommentsClose CommentsPermalink
(ii) such other terms and conditions as the Secretary determines to be in the interest of the United States.CommentsClose CommentsPermalink
(B) REVERSION- If the Secretary determines that the real property conveyed under paragraph (1) ceases to be held in public ownership or the State ceases to operate, maintain, and manage the real property in accordance with this subsection, all right, title, and interest in and to the property shall revert to the United States, at the option of the Secretary.CommentsClose CommentsPermalink
(3) MITIGATION- Nothing in this subsection extinguishes the responsibility of the Federal Government or the non-Federal interest for the project referred to in paragraph (1) from the obligation to implement mitigation for such project that existed on the day prior to the transfer authorized by this subsection.CommentsClose CommentsPermalink
(b) Oakland Inner Harbor Tidal Canal, California-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may convey, by separate quitclaim deeds, as soon as the conveyance of each individual portion is practicable, the title of the United States in and to all or portions of the approximately 86 acres of upland, tideland, and submerged land, commonly referred to as the `Oakland Inner Harbor Tidal Canal', California (referred to in this section as the `Canal Property'), as follows:CommentsClose CommentsPermalink
(A) To the city of Oakland, without consideration, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the City of Oakland.CommentsClose CommentsPermalink
(B) To the city of Alameda, or to a public entity created by or designated by the city of Alameda that is eligible to hold title to real property, without consideration, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the city of Alameda.CommentsClose CommentsPermalink
(C) To the owners of lands adjacent to the Canal Property, or to a public entity created by or designated by one or more of the adjacent land owners that are eligible to hold title to real property, at fair market value, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the city in which the adjacent land is located.CommentsClose CommentsPermalink
(2) REQUIREMENT- The Secretary may reserve and retain from any conveyance under this subsection a right-of-way or other rights as the Secretary determines to be necessary for the operation and maintenance of the authorized Federal channel in the Canal Property.CommentsClose CommentsPermalink
(3) ANNUAL REPORTS- Until the date on which each conveyance described in paragraph (1) is complete, the Secretary shall submit, by not later than November 30 of each year, to the Committee on Environment and Public Works of the Senate and Committee on Transportation and Infrastructure of the House of Representatives an annual report that describes the efforts of the Secretary to complete that conveyance during the preceding fiscal year.CommentsClose CommentsPermalink
(4) FORM- A conveyance made under this subsection may be, in whole or in part, in the form of an easement.CommentsClose CommentsPermalink
(5) RIGHT OF FIRST REFUSAL- For any property on which an easement is granted under this subsection, should the Secretary seek to dispose of the property, the holder of the easement shall have the right of first refusal to the property without cost or consideration.CommentsClose CommentsPermalink
(6) REPEAL- Section 205 of the Water Resources Development Act of 1990 (104 Stat. 4633; 110 Stat. 3748) is repealed.CommentsClose CommentsPermalink
(c) Milford, Kansas-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall convey by quitclaim deed without consideration to the Geary County Fire Department, Milford, Kansas, all right, title, and interest of the United States in and to real property consisting of approximately 7.4 acres located in Geary County, Kansas, for construction, operation, and maintenance of a fire station.CommentsClose CommentsPermalink
(2) REVERSION- If the Secretary determines that the real property conveyed under paragraph (1) ceases to be held in public ownership or ceases to be operated and maintained as a fire station, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States.CommentsClose CommentsPermalink
(d) Strawn Cemetery, John Redmond Lake, Kansas-CommentsClose CommentsPermalink
(1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary, acting through the Tulsa District of the Corps of Engineers, shall transfer to Pleasant Township, Coffey County, Kansas, for use as the New Strawn Cemetery, all right, title, and interest of the United States in and to the land described in paragraph (3).CommentsClose CommentsPermalink
(2) REVERSION- If the land transferred under this subsection ceases at any time to be used as a nonprofit cemetery or for another public purpose, the land shall revert to the United States.CommentsClose CommentsPermalink
(3) DESCRIPTION- The land to be conveyed under this subsection is a tract of land near John Redmond Lake, Kansas, containing approximately 3 acres and lying adjacent to the west line of the Strawn Cemetery located in the SE corner of the NE 1/4 of section 32, township 20 south, range 14 east, Coffey County, Kansas.CommentsClose CommentsPermalink
(e) Pike County, Missouri-CommentsClose CommentsPermalink
(1) DEFINITIONS- In this subsection, the following definitions apply:CommentsClose CommentsPermalink
(A) FEDERAL LAND- The term `Federal land' means the 2 parcels of Corps of Engineers land totaling approximately 42 acres, located on Buffalo Island in Pike County, Missouri, and consisting of Government Tract Numbers MIS-7 and a portion of FM-46.CommentsClose CommentsPermalink
(B) NON-FEDERAL LAND- The term `non-Federal land' means the approximately 42 acres of land, subject to any existing flowage easements situated in Pike County, Missouri, upstream and northwest, about 200 feet from Drake Island (also known as Grimes Island).CommentsClose CommentsPermalink
(2) LAND EXCHANGE- Subject to paragraph (3), on conveyance by S.S.S., Inc., to the United States of all right, title, and interest in and to the non-Federal land, the Secretary shall convey to S.S.S., Inc., all right, title, and interest of the United States in and to the Federal land.CommentsClose CommentsPermalink
(3) CONDITIONS-CommentsClose CommentsPermalink
(A) DEEDS-CommentsClose CommentsPermalink
(i) NON-FEDERAL LAND- The conveyance of the non-Federal land to the Secretary shall be by a warranty deed acceptable to the Secretary.CommentsClose CommentsPermalink
(ii) FEDERAL LAND- The conveyance of the Federal land to S.S.S., Inc., shall be--CommentsClose CommentsPermalink
(I) by quitclaim deed; andCommentsClose CommentsPermalink
(II) subject to any reservations, terms, and conditions that the Secretary determines to be necessary to allow the United States to operate and maintain the Mississippi River 9-Foot Navigation Project.CommentsClose CommentsPermalink
(iii) LEGAL DESCRIPTIONS- The Secretary shall provide a legal description of the Federal land, and S.S.S., Inc., shall provide a legal description of the non-Federal land, for inclusion in the deeds referred to in clauses (i) and (ii).CommentsClose CommentsPermalink
(B) REMOVAL OF IMPROVEMENTS-CommentsClose CommentsPermalink
(i) IN GENERAL- The Secretary may require the removal of, or S.S.S., Inc., may voluntarily remove, any improvements to the non-Federal land before the completion of the exchange or as a condition of the exchange.CommentsClose CommentsPermalink
(ii) NO LIABILITY- If S.S.S., Inc., removes any improvements to the non-Federal land under clause (i)--CommentsClose CommentsPermalink
(I) S.S.S., Inc., shall have no claim against the United States relating to the removal; andCommentsClose CommentsPermalink
(II) the United States shall not incur or be liable for any cost associated with the removal or relocation of the improvements.CommentsClose CommentsPermalink
(C) ADMINISTRATIVE COSTS- The Secretary shall require S.S.S., Inc. to pay reasonable administrative costs associated with the exchange.CommentsClose CommentsPermalink
(D) CASH EQUALIZATION PAYMENT- If the appraised fair market value, as determined by the Secretary, of the Federal land exceeds the appraised fair market value, as determined by the Secretary, of the non-Federal land, S.S.S., Inc., shall make a cash equalization payment to the United States.CommentsClose CommentsPermalink
(E) DEADLINE- The land exchange under subparagraph (B) shall be completed not later than 2 years after the date of enactment of this Act.CommentsClose CommentsPermalink
(f) Union Lake, Missouri-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall offer to convey to the State of Missouri, before June 30, 2007, all right, title, and interest in and to approximately 205.50 acres of land described in paragraph (2) purchased for the Union Lake Project that was deauthorized as of January 1, 1990 (55 Fed. Reg. 40906), in accordance with section 1001(a) of the Water Resources Development Act of 1986 (
(2) LAND DESCRIPTION- The land referred to in paragraph (1) is described as follows:CommentsClose CommentsPermalink
(A) TRACT 500- A tract of land situated in Franklin County, Missouri, being part of the SW 1/4 of section 7, and the NW 1/4 of the SW 1/4 of section 8, township 42 north, range 2 west of the fifth principal meridian, consisting of approximately 112.50 acres.CommentsClose CommentsPermalink
(B) TRACT 605- A tract of land situated in Franklin County, Missouri, being part of the N 1/2 of the NE, and part of the SE of the NE of section 18, township 42 north, range 2 west of the fifth principal meridian, consisting of approximately 93.00 acres.CommentsClose CommentsPermalink
(3) CONVEYANCE- On acceptance by the State of Missouri of the offer by the Secretary under paragraph (1), the land described in paragraph (2) shall immediately be conveyed, in its current condition, by Secretary to the State of Missouri.CommentsClose CommentsPermalink
(g) Boardman, Oregon- Section 501(g)(1) of the Water Resources Development Act of 1996 (110 Stat. 3751) is amended--CommentsClose CommentsPermalink
(1) by striking `city of Boardman,' and inserting `the Boardman Park and Recreation District, Boardman,'; andCommentsClose CommentsPermalink
(2) by striking `such city' and inserting `the city of Boardman'.CommentsClose CommentsPermalink
(h) Lookout Point Project, Lowell, Oregon-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may convey without consideration to Lowell School District, by quitclaim deed, all right, title, and interest of the United States in and to land and buildings thereon, known as Tract A-82, located in Lowell, Oregon, and described in paragraph (2).CommentsClose CommentsPermalink
(2) DESCRIPTION OF PROPERTY- The parcel of land authorized to be conveyed under paragraph (1) is as follows: Commencing at the point of intersection of the west line of Pioneer Street with the westerly extension of the north line of Summit Street, in Meadows Addition to Lowell, as platted and recorded at page 56 of Volume 4, Lane County Oregon Plat Records; thence north on the west line of Pioneer Street a distance of 176.0 feet to the true point of beginning of this description; thence north on the west line of Pioneer Street a distance of 170.0 feet; thence west at right angles to the west line of Pioneer Street a distance of 250.0 feet; thence south and parallel to the west line of Pioneer Street a distance of 170.0 feet; thence east 250.0 feet to the true point of beginning of this description in Section 14, Township 19 South, Range 1 West of the Willamette Meridian, Lane County, Oregon.CommentsClose CommentsPermalink
(3) TERMS AND CONDITIONS- Before conveying the parcel to the school district, the Secretary shall ensure that the conditions of buildings and facilities meet the requirements of applicable Federal law.CommentsClose CommentsPermalink
(4) REVERSION- If the Secretary determines that the property conveyed under paragraph (1) ceases to be held in public ownership, all right, title, and interest in and to the property shall revert to the United States, at the option of the United States.CommentsClose CommentsPermalink
(i) Richard B. Russell Lake, South Carolina-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall convey, at fair market value, to the State of South Carolina, by quitclaim deed, all right, title, and interest of the United States in and to the parcels of land described in paragraph (2)(A) that are managed, as of the date of enactment of this Act, by the South Carolina department of commerce for public recreation purposes for the Richard B. Russell Dam and Lake, South Carolina, project authorized by section 203 of the Flood Control Act of 1992 (106 Stat. 4804; 114 Stat. 2612), is modified to authorize the Secretary to review the project to determine whether any additional Federal interest exists with respect to the project, taking into consideration conditions and development levels relating to the project in existenc66 (80 Stat. 1420).CommentsClose CommentsPermalink
(2) LAND DESCRIPTION-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraphs (B) and (C), the parcels of land referred to in paragraph (1) are the parcels contained in the portion of land described in Army Lease Number DACW21-1-92-0500.CommentsClose CommentsPermalink
(B) RETENTION OF INTERESTS- The United States shall retain--CommentsClose CommentsPermalink
(i) ownership of all land included in the lease referred to in subparagraph (A) that would have been acquired for operational purposes in accordance with the 1971 implementation of the 1962 Army/Interior Joint Acquisition Policy; andCommentsClose CommentsPermalink
(ii) such other land as is determined by the Secretary to be required for authorized project purposes, including easement rights-of-way to remaining Federal land.CommentsClose CommentsPermalink
(C) SURVEY- The cost of the survey shall be paid by the State.CommentsClose CommentsPermalink
(3) COSTS OF CONVEYANCE-CommentsClose CommentsPermalink
(A) IN GENERAL- The State shall be responsible for all costs, including real estate transaction and environmental costs, associated with the conveyance under this subsection.CommentsClose CommentsPermalink
(B) FORM OF CONTRIBUTION- As determined appropriate by the Secretary, in lieu of payment of compensation to the United States under subparagraph (A), the State may perform certain environmental or real estate actions associated with the conveyance under this subsection if those actions are performed in close coordination with, to the satisfaction of, and in compliance with the laws of the United States.CommentsClose CommentsPermalink
(4) ADDITIONAL TERMS AND CONDITIONS-CommentsClose CommentsPermalink
(A) NO EFFECT ON SHORE MANAGEMENT POLICY- The Shoreline Management Policy (ER-1130-2-406) of the Corps of Engineers may not be changed or altered for any proposed development of land conveyed under this subsection.CommentsClose CommentsPermalink
(B) COST SHARING- In carrying out the conveyance under this subsection, the Secretary and the State shall comply with all obligations of any cost sharing agreement between the Secretary and the State in effect as of the date of the conveyance.CommentsClose CommentsPermalink
(C) LAND NOT CONVEYED- The State shall continue to manage the land that is subject to Army Lease Number DACW21-1-92-0500 and that is not conveyed under this subsection in accordance with the terms and conditions of Army Lease Number DACW21-1-92-0500.CommentsClose CommentsPermalink
(j) Denison, Texas-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall offer to convey at fair market value to the city of Denison, Texas, all right, title, and interest of the United States in and to the approximately 900 acres of land located in Grayson County, Texas, which is currently subject to an application for lease for public park and recreational purposes made by the city of Denison, dated August 17, 2005.CommentsClose CommentsPermalink
(2) SURVEY TO OBTAIN LEGAL DESCRIPTION- The exact acreage and description of the real property referred to in paragraph (1) shall be determined by a survey paid for by the city of Denison, Texas, that is satisfactory to the Secretary.CommentsClose CommentsPermalink
(3) CONVEYANCE- Not later than 90 days after the date of acceptance by the city of Denison, Texas, of an offer under paragraph (1), the Secretary shall convey the land surveyed under paragraph (2) by quitclaim deed to the city of Denison, Texas.CommentsClose CommentsPermalink
(k) Generally Applicable Provisions-CommentsClose CommentsPermalink
(1) SURVEY TO OBTAIN LEGAL DESCRIPTION- The exact acreage and the legal description of any real property to be conveyed under this section shall be determined by a survey that is satisfactory to the Secretary.CommentsClose CommentsPermalink
(2) APPLICABILITY OF PROPERTY SCREENING PROVISIONS-
(3) ADDITIONAL TERMS AND CONDITIONS- The Secretary may require that any conveyance under this section be subject to such additional terms and conditions as the Secretary considers appropriate and necessary to protect the interests of the United States.CommentsClose CommentsPermalink
(4) COSTS OF CONVEYANCE- An entity to which a conveyance is made under this section shall be responsible for all reasonable and necessary costs, including real estate transaction and environmental documentation costs, associated with the conveyance.CommentsClose CommentsPermalink
(5) LIABILITY- An entity to which a conveyance is made under this section shall hold the United States harmless from any liability with respect to activities carried out, on or after the date of the conveyance, on the real property conveyed. The United States shall remain responsible for any liability with respect to activities carried out, before such date, on the real property conveyed.CommentsClose CommentsPermalink
SEC. 3183. EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE RESTRICTIONS.CommentsClose CommentsPermalink
(a) Idaho-CommentsClose CommentsPermalink
(1) IN GENERAL- With respect to the property covered by each deed in paragraph (2)--CommentsClose CommentsPermalink
(A) the reversionary interests and use restrictions relating to port and industrial use purposes are extinguished;CommentsClose CommentsPermalink
(B) the restriction that no activity shall be permitted that will compete with services and facilities offered by public marinas is extinguished; andCommentsClose CommentsPermalink
(C) the human habitation or other building structure use restriction is extinguished if the elevation of the property is above the standard project flood elevation.CommentsClose CommentsPermalink
(2) AFFECTED DEEDS- The deeds with the following county auditor's file numbers are referred to in paragraph (1):CommentsClose CommentsPermalink
(A) Auditor's Instrument No. 399218 of Nez Perce County, Idaho--2.07 acres.CommentsClose CommentsPermalink
(B) Auditor's Instrument No. 487437 of Nez Perce County, Idaho--7.32 acres.CommentsClose CommentsPermalink
(b) Lake Texoma, Oklahoma-CommentsClose CommentsPermalink
(1) RELEASE- Any reversionary interest relating to public parks and recreation on the land conveyed by the Secretary to the State of Oklahoma at Lake Texoma pursuant to the Act entitled `An Act to authorize the sale of certain lands to the State of Oklahoma' (67 Stat. 63), shall terminate on the date of enactment of this Act.CommentsClose CommentsPermalink
(2) INSTRUMENT OF RELEASE- As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, an amended deed, or any other appropriate instrument to release each reversionary interest to which paragraph (1) applies.CommentsClose CommentsPermalink
(3) PRESERVATION OF RESERVED RIGHTS- A release of a reversionary interest under this subsection shall not affect any other right of the United States in any deed of conveyance pursuant to the Act referred to in paragraph (1).CommentsClose CommentsPermalink
(c) Lowell, Oregon-CommentsClose CommentsPermalink
(1) RELEASE AND EXTINGUISHMENT OF DEED RESERVATIONS-CommentsClose CommentsPermalink
(A) RELEASE AND EXTINGUISHMENT OF DEED RESERVATIONS- The Secretary may release and extinguish the deed reservations for access and communication cables contained in the quitclaim deed, dated January 26, 1965, and recorded February 15, 1965, in the records of Lane County, Oregon; except that such reservations may only be released and extinguished for the lands owned by the city of Lowell as described in the quitclaim deed, dated April 11, 1991, in such records.CommentsClose CommentsPermalink
(B) ADDITIONAL RELEASE AND EXTINGUISHMENT OF DEED RESERVATIONS- The Secretary may also release and extinguish the same deed reservations referred to in subparagraph (A) over land owned by Lane County, Oregon, within the city limits of Lowell, Oregon, to accommodate the development proposals of the city of Lowell/St. Vincent de Paul, Lane County, affordable housing project; except that the Secretary may require, at no cost to the United States--CommentsClose CommentsPermalink
(i) the alteration or relocation of any existing facilities, utilities, roads, or similar improvements on such lands; andCommentsClose CommentsPermalink
(ii) the right-of-way for such facilities, utilities, roads, or improvements as a precondition of any release or extinguishment of the deed reservations.CommentsClose CommentsPermalink
(2) CONVEYANCE- The Secretary may convey to the city of Lowell, Oregon, the parcel of land situated in the city of Lowell, Oregon, at fair market value consisting of the strip of federally owned lands located northeast of West Boundary Road between Hyland Lane and the city of Lowell's eastward city limits.CommentsClose CommentsPermalink
(3) ADMINISTRATIVE COST- Notwithstanding paragraphs (1) and (2), the city of Lowell, Oregon, shall pay the administrative costs incurred by the United States to execute the release and extinguishment of the deed reservations under paragraph (1) and the conveyance under paragraph (2).CommentsClose CommentsPermalink
(d) Old Hickory Lock and Dam, Cumberland River, Tennessee-CommentsClose CommentsPermalink
(1) RELEASE OF RETAINED RIGHTS, INTERESTS, RESERVATIONS- With respect to land conveyed by the Secretary to the Tennessee Society of Crippled Children and Adults, Incorporated (commonly known as `Easter Seals Tennessee') at Old Hickory Lock and Dam, Cumberland River, Tennessee, under section 211 of the Flood Control Act of 1965 (79 Stat. 1087), the reversionary interests and the use restrictions relating to recreation and camping purposes are extinguished.CommentsClose CommentsPermalink
(2) INSTRUMENT OF RELEASE- As soon as practicable after the date of enactment of this Act, the Secretary shall execute and file in the appropriate office a deed of release, amended deed, or other appropriate instrument effectuating the release of interests required by paragraph (1).CommentsClose CommentsPermalink
(e) Lower Granite Pool, Washington-CommentsClose CommentsPermalink
(1) EXTINGUISHMENT OF REVERSIONARY INTERESTS AND USE RESTRICTIONS- With respect to property covered by each deed described in paragraph (2)--CommentsClose CommentsPermalink
(A) the reversionary interests and use restrictions relating to port or industrial purposes are extinguished; andCommentsClose CommentsPermalink
(B) the human habitation or other building structure use restriction is extinguished in each area in which the elevation is above the standard project flood elevation.CommentsClose CommentsPermalink
(2) DEEDS- The deeds referred to in paragraph (1) are as follows:CommentsClose CommentsPermalink
(A) Auditor's File Numbers 432576, 443411, 499988, and 579771 of Whitman County, Washington.CommentsClose CommentsPermalink
(B) Auditor's File Numbers 125806, 138801, 147888, 154511, 156928, and 176360 of Asotin County, Washington.CommentsClose CommentsPermalink
(f) Port of Pasco, Washington-CommentsClose CommentsPermalink
(1) EXTINGUISHMENT OF USE RESTRICTIONS AND FLOWAGE EASEMENT- With respect to the property covered by the deed in paragraph (3)(A)--CommentsClose CommentsPermalink
(A) the flowage easement and human habitation or other building structure use restriction is extinguished if the elevation of the property is above the standard project flood elevation; andCommentsClose CommentsPermalink
(B) the use of fill material to raise areas of the property above the standard project flood elevation is authorized, except in any area for which a permit under section 404 of the Federal Water Pollution Control Act (
(2) EXTINGUISHMENT OF FLOWAGE EASEMENT- With respect to the property covered by each deed in paragraph (3)(B), the flowage easement is extinguished if the elevation of the property is above the standard project flood elevation.CommentsClose CommentsPermalink
(3) AFFECTED DEEDS- The deeds referred to in paragraphs (1) and (2) are as follows:CommentsClose CommentsPermalink
(A) Auditor's File Number 262980 of Franklin County, Washington.CommentsClose CommentsPermalink
(B) Auditor's File Numbers 263334 and 404398 of Franklin County, Washington.CommentsClose CommentsPermalink
(g) No Effect on Other Rights- Nothing in this section affects the remaining rights and interests of the Corps of Engineers for authorized project purposes.CommentsClose CommentsPermalink
TITLE IV--STUDIES
SEC. 4001. SEWARD BREAKWATER, ALASKA.The Secretary shall review the Seward Boat Harbor element of the project for navigation, Seward Harbor, Alaska, authorized by section 101(a)(3) of the Water Resources Development Act of 1999 (113 Stat. 274), to determine whether the failure of the outer breakwater to protect the harbor from heavy wave damage resulted from a design deficiency.JOHN GLENN GREAT LAKES BASIN PROGRAM.CommentsClose CommentsPermalink
Section 455 of the Water Resources Development Act of 1999 (
`(g) In-Kind Contributions for Study- The non-Federal interest may provide up to 100 percent of the non-Federal share required under subsection (f) in the form of in-kind services and materials.'.CommentsClose CommentsPermalink
SEC. 4002. NOME HARBOR IMPROVEMENTSLAKE ERIE DREDGED MATERIAL DISPOSAL SITES.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the nature and frequency of avian botulism problems in the vicinity of Lake Erie associated with dredged material disposal sites and shall make recommendations to eliminate the conditions that result in such problems.CommentsClose CommentsPermalink
SEC. 4003. SOUTHWESTERN UNITED STATES DROUGHT STUDY.CommentsClose CommentsPermalink
(a) In General- The Secretary, in coordination with the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and other appropriate agencies, shall conduct, at Federal expense, a comprehensive study of drought conditions in the southwestern United States, with particular emphasis on the Colorado River basin, the Rio Grande River basin, and the Great Basin.CommentsClose CommentsPermalink
(b) Inventory of Actions- In conducting the study, the Secretary shall assemble an inventory of actions taken or planned to be taken to address drought-related situations in the southwestern United States.CommentsClose CommentsPermalink
(c) Purpose- The purpose of the study shall be to develop recommendations to more effectively address current and future drought conditions in the southwestern United States.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary to carry out this section $7,000,000. Such funds shall remain available until expended.CommentsClose CommentsPermalink
SEC. 4004. DELAWARE RIVER.CommentsClose CommentsPermalink
The Secretary shall review, in consultation with the Delaware River Basin Commission and the States of Delaware, Pennsylvania, New Jersey, and New York, the report of the Chief of Engineers on the Delaware River, published as House Document Numbered 522, 87th Congress, Second Session, as it relates to the Mid-Delaware River Basin from Wilmington to Port Jervis, and any other pertinent reports (including the strategy for resolution of interstate flow management issues in the Delaware River Basin dated August 2004 and the National Park Service Lower Delaware River Management Plan (1997-1999)), with a view to determining whether any modifications of recommendations contained in the first report referred to are advisable at the present time, in the interest of flood damage reduction, ecosystem restoration, and other related problems.CommentsClose CommentsPermalink
SEC. 4005. EURASIAN MILFOIL.CommentsClose CommentsPermalink
Under the authority of section 104 of the River and Harbor Act of 1958 (
SEC. 4006. FIRE ISLAND, ALASKA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigational improvements, including a barge landing facility, Fire Island, Alaska.CommentsClose CommentsPermalink
SEC. 4007. KNIK ARM, COOK INLET, ALASKA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the potential impacts on navigation of construction of a bridge across Knik Arm, Cook Inlet, Alaska.CommentsClose CommentsPermalink
SEC. 4008. KUSKOKWIM RIVER, ALASKA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation, Kuskokwim River, Alaska, in the vicinity of the village of Crooked Creek.CommentsClose CommentsPermalink
SEC. 4009. NOME HARBOR, ALASKA.CommentsClose CommentsPermalink
The Secretary shall review the project for navigation, Nome Harbor improvements, Alaska, authorized by section 101(a)(1) of the Water Resources Development Act of 1999 (113 Stat. 273), to determine whether the project cost increases, including the cost of rebuilding the entrance channel damaged in a September 2005 storm, resulted from a design deficiency.CommentsClose CommentsPermalink
SEC. 4003. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION CHANNEL.(a) In General- To determine with improved accuracy the environmental impacts of the project on the McClellan-Kerr Arkansas River Navigation Channel (referred to in this section as the `MKARN'), the Secretary shall carry out the measures described in subsection (b) in a timely manner SEC. 4010. ST. GEORGE HARBOR, ALASKA. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of providing navigation improvements at St. George Harbor, Alaska.CommentsClose CommentsPermalink
SEC. 4011. SUSITNA RIVER, ALASKA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for hydropower, recreation, and related purposes on the Susitna River, Alaska.CommentsClose CommentsPermalink
SEC. 4012. VALDEZ, ALASKA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation, Valdez, Alaska, and if the Secretary determines that the project is feasible, shall carry out the project at a total cost of $20,000,000.CommentsClose CommentsPermalink
SEC. 4013. GILA BEND, MARICOPA, ARIZONA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Gila Bend, Maricopa, Arizona.CommentsClose CommentsPermalink
(b) Species Study-(1) IN GENERAL- The Secretary, in conjunction with Oklahoma State University, shall convene a panel of experts with acknowledged expertise in wildlife biology and genetics to review the available scientific information regarding the genetic variation of various sturgeon species and possible hybrids of those species that, as determined by the United States Fish and Wildlife Service, may exist in any portion of the MKARN.(2) REPORT- The Secretary shall direct the panel to report to the Secretary, not later than 1 year after the date of enactment of this Act and in the best scientific judgment of the panel--(A) the level of genetic variation between populations of sturgeon sufficient to determine or establish that a population is a measurably distinct species, subspecies, or population segment; and(B) whether any pallid sturgeons that may be found in the MKARN (including any tributary of the MKARN) would qualify as such a distinct species, subspecies, or population segment.SEC. 4004Review of Plans- In conducting the study, the Secretary shall review plans and designs developed by non-Federal interests and shall incorporate such plans and designs into the Federal study if the Secretary determines that such plans and designs are consistent with Federal standards.CommentsClose CommentsPermalink
SEC. 4014. SEARCY COUNTY, ARKANSAS.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of using Greers Ferry Lake as a water supply source for Searcy County, Arkansas.CommentsClose CommentsPermalink
SEC. 4015. ALISO CREEK, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for streambank protection and environmental restoration along Aliso Creek, California.CommentsClose CommentsPermalink
SEC. 4016. FRESNO, KINGS, AND KERN COUNTIES, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Fresno, Kings, and Kern Counties, California.CommentsClose CommentsPermalink
SEC. 4017. FRUITVALE AVENUE RAILROAD BRIDGE, ALAMEDA, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall prepare a comprehensive report that examines the condition of the existing Fruitvale Avenue Railroad Bridge, Alameda County, California (referred to in this section as the `Railroad Bridge'), and determines the most economic means to maintain that rail link by either repairing or replacing the Railroad Bridge.CommentsClose CommentsPermalink
(b) Requirements- The report under this section shall include--CommentsClose CommentsPermalink
(1) a determination of whether the Railroad Bridge is in immediate danger of failing or collapsing;CommentsClose CommentsPermalink
(2) the annual costs to maintain the Railroad Bridge;CommentsClose CommentsPermalink
(3) the costs to place the Railroad Bridge in a safe, `no-collapse' condition, such that the Railroad Bridge will not endanger maritime traffic;CommentsClose CommentsPermalink
(4) the costs to retrofit the Railroad Bridge such that the Railroad Bridge may continue to serve as a rail link between the Island of Alameda and the Mmainland; andCommentsClose CommentsPermalink
(5) the costs to construct a replacement for the Railroad Bridge capable of serving the current and future rail, light rail, and homeland security needs of the region.CommentsClose CommentsPermalink
(c) Submission of Report- The Secretary shall--CommentsClose CommentsPermalink
(1) complete the Railroad Bridge report under subsection (a) not later than 180 days after the date of enactment of this Act; andCommentsClose CommentsPermalink
(2) submit the report to the Committee on Environment and Public Works of the Senate and Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink
(d) Limitations- The Secretary shall not--CommentsClose CommentsPermalink
(1) demolish the Railroad Bridge or otherwise render the Railroad Bridge unavailable or unusable for rail traffic; orCommentsClose CommentsPermalink
(2) reduce maintenance of the Railroad Bridge.CommentsClose CommentsPermalink
(e) Easement-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall provide to the city of Alameda, California, a nonexclusive access easement over the Oakland Estuary that comprises the subsurface land and surface approaches for the Railroad Bridge that--CommentsClose CommentsPermalink
(A) is consistent with the Bay Trail Proposal of the Ccity of Oakland; andCommentsClose CommentsPermalink
(B) is otherwise suitable for the improvement, operation, and maintenance of the Railroad Bridge or construction, operation, and maintenance of a suitable replacement bridge.CommentsClose CommentsPermalink
(2) COST- The easement under paragraph (1) shall be provided to the city of Alameda without consideration and at no cost to the United States.CommentsClose CommentsPermalink
SEC. 4005SEC. 4018. LOS ANGELES RIVER REVITALIZATION STUDY, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary, in coordination with the city of Los Angeles, shall--CommentsClose CommentsPermalink
(1) prepare a feasibility study for environmental ecosystem restoration, flood control, recreation, and other aspects of Los Angeles River revitalization that is consistent with the goals of the Los Angeles River Revitalization Master Plan published by the city of Los Angeles; andCommentsClose CommentsPermalink
(2) consider any locally-preferred project alternatives developed through a full and open evaluation process for inclusion in the study.CommentsClose CommentsPermalink
(b) Use of Existing Information and Measures- In preparing the study under subsection (a), the Secretary shall use, to the maximum extent practicable--CommentsClose CommentsPermalink
(1) information obtained from the Los Angeles River Revitalization Master Plan; andCommentsClose CommentsPermalink
(2) the development process of that plan.CommentsClose CommentsPermalink
(c) Demonstration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to construct demonstration projects in order to provide information to develop the study under subsection (a)(1).CommentsClose CommentsPermalink
(2) FEDERAL SHARE- The Federal share of the cost of any project under this subsection shall be not more than 65 percent.CommentsClose CommentsPermalink
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $25,000,000.CommentsClose CommentsPermalink
SEC. 4006. NICHOLAS CANYON, LOS ANGELES, CALIFORNIA.The Secretary shall carry out a study for bank stabilization and shore protection for Nicholas Canyon, Los Angeles, California, under section 3 of the Act of August 13, 1946 (
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and groundwater recharge, Lytle Creek, Rialto, California.CommentsClose CommentsPermalink
SEC. 4020. MOKELUMNE RIVER, SAN JOAQUIN COUNTY, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply along the Mokelumne River, San Joaquin County, California.CommentsClose CommentsPermalink
(b) Limitation on Statutory Construction- Nothing in this section shall be construed to invalidate, preempt, or create any exception to State water law, State water rights, or Federal or State permitted activities or agreements.CommentsClose CommentsPermalink
SEC. 4021. ORICK, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and ecosystem restoration, Orick, California.CommentsClose CommentsPermalink
(b) Feasibility of Restoring or Rehabilitating Redwook Creek Levees- In conducting the study, the Secretary shall determine the feasibility of restoring or rehabilitating the Redwood Creek Levees, Humboldt County, California.CommentsClose CommentsPermalink
SEC. 4022. SHORELINE SPECIAL STUDYTUDY, OCEANSIDE, CALIFORNIA.CommentsClose CommentsPermalink
Section 414 of the Water Resources Development Act of 2000 (114 Stat. 2636) is amended by striking `32 months' and inserting `44 months'.CommentsClose CommentsPermalink
SEC. 4008. COMPREHENSIVE FLOOD PROTECTION PROJECT, ST. HELENA, CALIFORNIA.(a) Flood Protection Project-(1) REVIEW- The Secretary shall review the project for flood control and environmental restoration at St. Helena, California, generally in accordance with Enhanced Minimum Plan A, as described in the final environmental impact report prepared by the city of St. Helena, California, and certified by the city to be in compliance with the California Environmental Quality Act on February 24, 2004.(2) ACTION ON DETERMINATION- If the Secretary determines under paragraph (1) that the project is economically justified, technically sound, and environmentally acceptable, the Secretary is authorized to carry out the project at a total cost of $30,000,000, with an estimated Federal cost of $19,500,000 and an estimated non-Federal cost of $10,500,000.(b) Cost Sharing- Cost sharing for the project described in subsection (a) shall be in accordance with section 103 of the Water Resources Development Act of 1986 (
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Rialto, Fontana, and Colton, California.CommentsClose CommentsPermalink
SEC. 4024. SACRAMENTO RIVER, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary shall conduct a comprehensive study to determine the feasibility of, and alternatives for, measures to protect water diversion facilities and fish protective screen facilities in the vicinity of river mile 178 on the Sacramento River, California.CommentsClose CommentsPermalink
SEC. 4025. SAN DIEGO COUNTY, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, San Diego County, California, including a review of the feasibility of connecting 4 existing reservoirs to increase usable storage capacity.CommentsClose CommentsPermalink
SEC. 4026. SAN FRANCISCO BAY, SACRAMENTO-SAN JOAQUIN DELTA, SHERMAN ISLAND, CALIFORNIA.The Secretary shall carry out a study of the feasibility of a project to use Sherman Island, California, as a dredged material rehandling facility forCALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of the beneficial use of dredged material to enhance the environment and meet other water resource needs ofrom the San Francisco Bay in the Sacramento-San Joaquin Delta, California, under section 204 of the Water Resources Development Act of 1992 (
(b) Cooperation- In conducting the study, the Secretary shall cooperate with the California department of water resources and appropriate Federal and State entities in developing options for the beneficial use of dredged material from San Francisco Bay for the Sacramento-San Joaquin Delta area.CommentsClose CommentsPermalink
(c) Review- The study shall include a review of the feasibility of using Sherman Island as a rehandling site for levee maintenance material, as well as for ecosystem restoration. The review may include carrying out and monitoring a pilot project using up to 150,000 cubic yards of dredged material and being carried out at the Sherman Island site, examining larger scale use of dredged materials from the San Francisco Bay and Suisun Bay Channel, and analyzing the feasibility of the potential use of saline materials from the San Francisco Bay for both rehandling and ecosystem restoration purposes.CommentsClose CommentsPermalink
SEC. 4027. SOUTH SAN FRANCISCO BAY SHORELINE STUDY, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary, in cooperation with non-Federal interests, shall conduct a study of the feasibility of carrying out a project for--CommentsClose CommentsPermalink
(1) flood protection ofdamage reduction along the South San Francisco Bay shoreline, California;CommentsClose CommentsPermalink
(2) restoration of the South San Francisco Bay salt ponds (including on land owned by other Federal agencies); andCommentsClose CommentsPermalink
(3) other related purposes, as the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(b) Independent Review- To the extent required by applicable Federal law, a national science panel shall conduct an independent review of the study under subsection (a).(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress a report describing the results of the study under subsection (a).CommentsClose CommentsPermalink
(2) INCLUSIONS- The report under paragraph (1) shall include recommendations of the Secretary with respect to the project described in subsection (a) based on planning, design, and land acquisition documents prepared by--CommentsClose CommentsPermalink
(A) the California State Coastal Conservancy;CommentsClose CommentsPermalink
(B) the Santa Clara Valley Water District; andCommentsClose CommentsPermalink
(C) other local interests.CommentsClose CommentsPermalink
SEC. 4011. SAN PABLO BAY WATERSHED RESTORATION, CALIFORNIA.(a) In General- The Secretary shall complete work as expeditiously as practicable on the study for the San Pablo watershed, California, authorized by section 209 of the Flood Control Act of 1962 (76 Stat. 1196) to determine the feasibility of opportunities for restoring, preserving, and protecting the San Pablo Bay Watershed.(b) Report- Not later than March 31, 2008, the Secretary shall submit to Congress a report (c) Credit- CommentsClose CommentsPermalink
(1) IN GENERAL- In accordance with section 221 of the Flood Control Act of 1970 (
(A) the cost of work performed by the non-Federal interest in preparation of the feasibility study that is conducted before the date of the feasibility cost sharing agreement; andCommentsClose CommentsPermalink
(B) the funds expended by the non-Federal interest for acquisition costs of land that describes the results of the study.SEC. 4012. FOUNTAIN CREEK, NORTH OF PUEBLO, COLORADO.Subject to the availability of appropriations, the Secretary shall expedite the completion of the Fountain Creek, North of Pueblo, Colorado, watershed study authorized by a resolution adopted by the Committee on Public Works and Transportation of the House of Representatives on September 23, 1976.SEC. 4013constitutes a part of such a project and that is owned by the United States Fish and Wildlife Service.CommentsClose CommentsPermalink
(2) CONDITIONS- The Secretary may provide credit under paragraph (1) if--CommentsClose CommentsPermalink
(A) the value of all or any portion of land referred to in paragraph (1)(B) that would be subject to the credit has not previously been credited to the non-Federal interest for a project; andCommentsClose CommentsPermalink
(B) the land was not acquired to meet any mitigation requirement of the non-Federal interest.CommentsClose CommentsPermalink
SEC. 4028. TWENTYNINE PALMS, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood damage reduction in the vicinity of Twentynine Palms, California.CommentsClose CommentsPermalink
SEC. 4029. YUCCA VALLEY, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Burnt Mountain basin, in the vicinity of Yucca Valley, California.CommentsClose CommentsPermalink
SEC. 4030. SELENIUM STUDYIES, COLORADO.CommentsClose CommentsPermalink
(a) In General- The Secretary, in consultation with State water quality and resource and conservation Director of the United States Geological Survey, in consultation with State water quality and resource and conservation agencies, shall conduct regional and watershed-wide studies to address selenium concentrations in the State of Colorado, including studies--CommentsClose CommentsPermalink
(1) to measure selenium on specific sites; andCommentsClose CommentsPermalink
(2) to determine whether specific selenium measures studied should be recommended for use in demonstration projects.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000.CommentsClose CommentsPermalink
SEC. 4014 SEC. 4031. DELAWARE AND CHRISTINA RIVERS AND SHELLPOT CREEK, WILMINGTON, DELAWARE. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and related purposes along the Delaware and Christina Rivers and Shellpot Creek, Wilmington, Delaware.CommentsClose CommentsPermalink
SEC. 4032. DELAWARE INLAND BAYS AND TRIBUTARIES AND ATLANTIC COAST, DELAWARE.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of modifying the project for navigation, Indian River Inlet and Bay, Delaware.CommentsClose CommentsPermalink
(b) Factors for Consideration and Priority- In carrying out the study under subsection (a), the Secretary shall--CommentsClose CommentsPermalink
(1) take into consideration all necessary activities to stabilize the scour holes threatening the Inlet and Bay shorelines; andCommentsClose CommentsPermalink
(2) give priority to stabilizing and restoring the Inlet channel and scour holes adjacent to the United States Coast Guard pier and helipad and the adjacent State-owned properties.CommentsClose CommentsPermalink
SEC. 401 SEC. 4033. COLLIER COUNTY BEACHES, FLORIDA. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for hurricane and storm damage reduction and flood damage reduction in the vicinity of Vanderbilt, Park Shore, and Naples beaches, Collier County, Florida.CommentsClose CommentsPermalink
SEC. 4034. LOWER ST. JOHNS RIVER, FLORIDA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, including improved water quality, and related purposes, Lower St. Johns River, Florida.CommentsClose CommentsPermalink
SEC. 4035. HERBERT HOOVER DIKE SUPPLEMENTAL MAJOR REHABILITATION REPORT, FLORIDA.CommentsClose CommentsPermalink
(a) In General- Not later than 120 days after the date of enactment of this Act, the Secretary shall publish a supplemental report to the major rehabilitation report for the Herbert Hoover Dike system approved by the Chief of Engineers in November 2000.CommentsClose CommentsPermalink
(b) Inclusions- The supplemental report under subsection (a) shall include--CommentsClose CommentsPermalink
(1) an evaluation of existing conditions at the Herbert Hoover Dike system;CommentsClose CommentsPermalink
(2) an identification of additional risks associated with flood events at the system that are equal to or greater than the standard projected flood risks;CommentsClose CommentsPermalink
(3) an evaluation of the potential to integrate projects of the Corps of Engineers into an enhanced flood protection system for Lake Okeechobee, including--CommentsClose CommentsPermalink
(A) the potential for additional water storage north of Lake Okeechobee; andCommentsClose CommentsPermalink
(B) an analysis of other project features included in the Comprehensive Everglades Restoration Plan; andCommentsClose CommentsPermalink
(4) a review of the report prepared for the South Florida Water Management District dated April 2006.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,500,000.CommentsClose CommentsPermalink
SEC. 4016 SEC. 4036. VANDERBILT BEACH LAGOON, FLORIDA. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, water supply, and improvement of water quality at Vanderbilt Beach Lagoon, Florida.CommentsClose CommentsPermalink
SEC. 4037. MERIWETHER COUNTY, GEORGIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Meriwether County, Georgia.CommentsClose CommentsPermalink
SEC. 4038. BOISE RIVER, IDAHO.CommentsClose CommentsPermalink
The study for flood control, Boise River, Idaho, authorized by section 414 of the Water Resources Development Act of 1999 (113 Stat. 324), is modified to include ecosystem restoration and water supply as project --CommentsClose CommentsPermalink
(1) to add ecosystem restoration and water supply as project purposes to be studied.SEC. 4017. PROMONTORY POINT THIRD-PARTY REVIEW, CHICAGO SHORELINE,; andCommentsClose CommentsPermalink
(2) to require the Secretary to credit toward the non-Federal share of the cost of the study the cost, not to exceed $500,000, of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.CommentsClose CommentsPermalink
SEC. 4039. BALLARD'S ISLAND SIDE CHANNEL, ILLINOIS.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for ecosystem restoration, Ballard's Island side channel, Illinois.CommentsClose CommentsPermalink
SEC. 4040. CHICAGO, ILLINOIS.CommentsClose CommentsPermalink
(a) Review-(1) IN GENERAL- The Secretary is authorized to conduct a third-party review of the Promontory Point project along the Chicago Shoreline, Chicago, Illinois, at a cost not to exceed $450,000.(2) JOINT REVIEW- The Buffalo and Seattle Districts of the Corps of Engineers shall jointly conduct the review under paragraph (1).(3) STANDARDS- The review shall be based on the standards under part 68 of title 36, Code of Federal Regulations (or successor regulation), for implementation by the non-Federal sponsor for the Chicago Shoreline Chicago, Illinois, project.(b) Contributions- The Secretary shall accept from a State or political subdivision of a State voluntarily contributed funds to initiate the third-party review.(c) Treatment- While the third-party review is of the Promontory Point portion of the Chicago Shoreline, Chicago, Illinois, project, the third-party review shall be separate and distinct from the Chicago Shoreline, Chicago, Illinois, project.(d) Effect of Section- Nothing in this section affects the authorization for the Chicago Shoreline, Chicago, Illinois, project.SEC. 4018 Section 425(a) of the Water Resources Development Act of 2000 (114 Stat. 2638) is amended by inserting `Lake Michigan and' before `the Chicago River'. CommentsClose CommentsPermalink
SEC. 4041. SALEM, INDIANA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project to provide an additional water supply source for Salem, Indiana.CommentsClose CommentsPermalink
SEC. 4042. BUCKHORN LAKE, KENTUCKY.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of modifying the project for flood damage reduction, Buckhorn Lake, Kentucky, authorized by section 2 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), to add ecosystem restoration and recreation as project purposes.CommentsClose CommentsPermalink
(b) In-Kind Contributions- The non-Federal interest may provide the non-Federal share of the cost of the study in the form of in-kind services and materials.CommentsClose CommentsPermalink
SEC. 4043. DEWEY LAKE, KENTUCKY.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of modifying the project for Dewey Lake, Kentucky, to add water supply as a project purpose.CommentsClose CommentsPermalink
SEC. 4044. LOUISVILLE, KENTUCKY.CommentsClose CommentsPermalink
The Secretary shall conduct a study of the project for flood control, Louisville, Kentucky, authorized by section 4 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), to investigate measures to address the rehabilitation of the project.CommentsClose CommentsPermalink
SEC. 4045. VIDALIA PORT, LOUISIANA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation improvement at Vidalia, Louisiana.CommentsClose CommentsPermalink
SEC. 401 SEC. 4046. FALL RIVER HARBOR, MASSACHUSETTS AND RHODE ISLAND. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of deepening that portion of the navigation channel of the navigation project for Fall River Harbor, Massachusetts and Rhode Island, authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 731), seaward of the Charles M. Braga, Jr. Memorial Bridge, Fall River and Somerset, Massachusetts.CommentsClose CommentsPermalink
SEC. 4047. CLINTON RIVER, MICHIGAN.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, Clinton River, Michigan.CommentsClose CommentsPermalink
SEC. 4048. HAMBURG AND GREEN OAK TOWNSHIPS, MICHIGAN.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction on Ore Lake and the Huron River for Hamburg and Green Oak Townships, Michigan.CommentsClose CommentsPermalink
SEC. 4049. LAKE ERIE AT LUNA PIER, MICHIGAN.CommentsClose CommentsPermalink
The Secretary shall study the feasibility of storm damage reduction and beach erosion protection and other related purposes along Lakeconduct a study to determine the feasibility of carrying out a project for storm damage reduction and other related purposes along Lake Erie at Luna Pier, Michigan.CommentsClose CommentsPermalink
SEC. 4020. WILD RICE RIVER, MINNESOTA.The Secretary shall expedite the completion of the general reevaluation report authorized by section 438 of the Water Resources Development Act of 2000 (114 Stat. 2640) for the project for flood protection, Wild Rice River, Minnesota, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1825), to develop alternatives to the Twin Valley Lake feature of that project.SEC. 4021. ASIAN CARP DISPERSAL BARRIER DEMONSTRATION PROJECT, UPPER MISSISSIPPI RIVERSEC. 4050. DULUTH-SUPERIOR HARBOR, MINNESOTA AND WISCONSIN.CommentsClose CommentsPermalink
(a) In General- The Secretary is authorized to carry oushall conduct a study and prepare a report to evaluate the integrity of the bulkhead system located on and in the vicinity of Duluth-Superior Harbor, Duluth, Minnesota, and Superior, Wisconsin.CommentsClose CommentsPermalink
(b) Contents- The report shall include--CommentsClose CommentsPermalink
(1) a determination of causes of corrosion of the bulkhead system;CommentsClose CommentsPermalink
(2) recommendations to reduce corrosion of the bulkhead system;CommentsClose CommentsPermalink
(3) a description of the necessary repairs to the bulkhead system; andCommentsClose CommentsPermalink
(4) an estimate of the cost of addressing the causes of the corrosion and carrying out necessary repairs.CommentsClose CommentsPermalink
SEC. 4051. NORTHEAST MISSISSIPPI.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of constructing a fish barrier demonstration project to delay, deter, impede, or restrict the invasion of Asian carp into the northern reaches of the Upper Mississippi Rivermodifying the project for navigation, Tennessee-Tombigbee Waterway, Alabama and Mississippi, to provide water supply for northeast Mississippi.CommentsClose CommentsPermalink
SEC. 4052. DREDGED MATERIAL DISPOSAL, NEW JERSEY.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project in the vicinity of the Atlantic Intracoastal Waterway, New Jersey, for the construction of a dredged material disposal transfer facility to make dredged material available for beneficial reuse.CommentsClose CommentsPermalink
SEC. 4053. BAYONNE, NEW JERSEY.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, including improved water quality, enhanced public access, and recreation, on the Kill Van Kull, Bayonne, New Jersey.CommentsClose CommentsPermalink
SEC. 4054. CARTERET, NEW JERSEY.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration, including improved water quality, enhanced public access, and recreation, on the Raritan River, Carteret, New Jersey.CommentsClose CommentsPermalink
SEC. 4055. GLOUCESTER COUNTY, NEW JERSEY.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Gloucester County, New Jersey, including the feasibility of restoring the flood protection dikes in Gibbstown, New Jersey, and the associated tidegates in Gloucester County, New Jersey.CommentsClose CommentsPermalink
SEC. 4056. PERTH AMBOY, NEW JERSEY.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for environmental restoration and recreation on the Arthur Kill, Perth Amboy, New Jersey.CommentsClose CommentsPermalink
SEC. 4057. BATAVIA, NEW YORK.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for hydropower and related purposes in the vicinity of Batavia, New York.CommentsClose CommentsPermalink
SEC. 4058. BIG SISTER CREEK, EVANS, NEW YORK.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Big Sister Creek, Evans, New York.CommentsClose CommentsPermalink
(b) Requirement- In conducting the study under subsection (a), the Secretary shall take into consideration the feasibilEvaluation of Potential Solutions- In conducting the study, the Secretary shall evaluate potential solutions to flooding from all sources, including flooding that results from ice jams.CommentsClose CommentsPermalink
SEC. 4059. FINGER LAKES, NEW YORK.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for aquatic ecosystem restoration and protection, Finger Lakes, New York, to address water quality and aquatic nuisance species.CommentsClose CommentsPermalink
SEC. 4060. LAKE ERIE SHORELINE, BUFFALO, NEW YORK.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for storm damage reduction and shoreline protection in the vicinity of locating the fish barrier at the lock portion of the project at Lock and Dam 11 in the Upper Mississippi River Basin.SEC. 4022Gallagher Beach, Lake Erie Shoreline, Buffalo, New York.CommentsClose CommentsPermalink
SEC. 4061. NEWTOWN CREEK, NEW YORK.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out ecosystem restoration improvements on Newtown Creek, Brooklyn and Queens, New York.CommentsClose CommentsPermalink
SEC. 4062. NIAGARA RIVER, NEW YORK.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for a low-head hydroelectric generating facility in the Niagara River, New York.CommentsClose CommentsPermalink
SEC. 4063. SHORE PARKWAY GREENWAY, BROOKLYN, NEW YORK.CommentsClose CommentsPermalink
The Secretary shall conduct a study of the feasibility of carrying out a project for shoreline protection in the vicinity of the confluence of the Narrows and Gravesend Bay, Upper New York Bay, Shore Parkway Greenway, Brooklyn, New York.CommentsClose CommentsPermalink
SEC. 4064. UPPER DELAWARE RIVER WATERSHED, NEW YORK.CommentsClose CommentsPermalink
In accordance with section 221 of the Flood Control Act of 1970 (
SEC. 4065. LINCOLN COUNTY, NORTH CAROLINA.CommentsClose CommentsPermalink
The Secretary shall conduct a study of existing water and water quality-related infrastructure in Lincoln County, North Carolina, to assist local interests in determining the most efficient and effective way to connect county infrastructure.CommentsClose CommentsPermalink
SEC. 4066. WILKES COUNTY, NORTH CAROLINA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Wilkes County, North Carolina.CommentsClose CommentsPermalink
SEC. 4067. YADKINVILLE, NORTH CAROLINA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Yadkinville, North Carolina.CommentsClose CommentsPermalink
SEC. 4068. FLOOD DAMAGE REDUCTION, OHIO.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood damage reduction in Cuyahoga, Lake, Ashtabula, Geauga, Erie, Lucas, Sandusky, Huron, and Stark Counties, Ohio.CommentsClose CommentsPermalink
SEC. 4023. MIDDLE BASS ISLAND STATE PARK, MIDDLE BASS ISLAND, OHIO.The Secretary shall carry out a study of the feasibility of a project for navigation improvements, shoreline protection, and other related purposes, including the rehabilitation the harbor basin (including entrance breakwaters), interior shoreline protection, dredging, and the development of a public launch ramp facility, for Middle Bass Island State Park, Middle Bass Island, Ohio.SEC. 4024 SEC. 4069. LAKE ERIE, OHIO. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out projects for power generation at confined disposal facilities along Lake Erie, Ohio.CommentsClose CommentsPermalink
SEC. 4070. OHIO RIVER, OHIO.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out projects for flood damage reduction on the Ohio River in Mahoning, Columbiana, Jefferson, Belmont, Noble, Monroe, Washington, Athens, Meigs, Gallia, Lawrence, and Scioto Counties, Ohio.CommentsClose CommentsPermalink
SEC. 4025SEC. 4071. TOLEDO HARBOR DREDGED MATERIAL PLACEMENT, TOLEDO, OHIO.CommentsClose CommentsPermalink
The Secretary shall study the feasibility of removing previously dredged and placed materials from the Toledo Harbor confined disposal facility, transporting the materials, and disposing of the materials in or at abandoned mine sites in southeastern Ohio.CommentsClose CommentsPermalink
SEC. 4026SEC. 4072. TOLEDO HARBOR, MAUMEE RIVER, AND LAKE CHANNEL PROJECT, TOLEDO, OHIO.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to determine the feasibility of constructing a project for navigation, Toledo, Ohio.CommentsClose CommentsPermalink
(b) Factors for Consideration- In conducting the study under subsection (a), the Secretary shall take into consideration--CommentsClose CommentsPermalink
(1) realigning the existing Toledo Harbor channel widening occurring where the River Channel meets the Lake Channel from the northwest to the southeast side of the River Channel;CommentsClose CommentsPermalink
(2) realigning the entire 200-foot wide channel located at the upper river terminus of the River Channel southern river embankment towards the northern river embankment; andCommentsClose CommentsPermalink
(3) adjusting the existing turning basin to accommodate those changes.CommentsClose CommentsPermalink
SEC. 4027 SEC. 4073. ECOSYSTEM RESTORATION AND FISH PASSAGE IMPROVEMENTS, OREGON. CommentsClose CommentsPermalink
(a) Study- The Secretary shall conduct a study to determine the feasibility of undertaking ecosystem restoration and fish passage improvements on rivers throughout the State of Oregon.CommentsClose CommentsPermalink
(b) Requirements- In carrying out the study, the Secretary shall--CommentsClose CommentsPermalink
(1) work in coordination with the State of Oregon, local governments, and other Federal agencies; andCommentsClose CommentsPermalink
(2) place emphasis on--CommentsClose CommentsPermalink
(A) fish passage and conservation and restoration strategies to benefit species that are listed or proposed for listing as threatened or endangered species under the Endangered Species Act of 1973 (
(B) other watershed restoration objectives.CommentsClose CommentsPermalink
(c) Pilot Program-CommentsClose CommentsPermalink
(1) IN GENERAL- In conjunction with conducting the study under subsection (a), the Secretary may carry out pilot projects to demonstrate the effectiveness of ecosystem restoration and fish passages.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $5,000,000 to carry out this subsection.CommentsClose CommentsPermalink
SEC. 4074. WALLA WALLA RIVER BASIN, OREGON.CommentsClose CommentsPermalink
In conducting the study of determine the feasibility of carrying out a project for ecosystem restoration, Walla Walla River basin, Oregon, the Secretary shall--CommentsClose CommentsPermalink
(1) credit toward the non-Federal share of the cost of the study the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project; andCommentsClose CommentsPermalink
(2) allow the non-Federal interest to provide the non-Federal share of the cost of the study in the form of in-kind services and materials.CommentsClose CommentsPermalink
SEC. 4075. CHARTIERS CREEK WATERSHED, PENNSYLVANIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Chartiers Creek watershed, Pennsylvania.CommentsClose CommentsPermalink
SEC. 4076. KINZUA DAM AND ALLEGHENY RESERVOIR, PENNSYLVANIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study of the project for flood control, Kinzua Dam and Allegheny Reservoir, Warren, Pennsylvania, authorized by section 5 of the Flood Control Act of June 22, 1936 (49 Stat. 1570), and modified by section 2 of the Flood Control Act of June 28, 1938 (52 Stat. 1215), section 2 of the Flood Control Act of August 18, 1941 (55 Stat. 646), and section 4 of the Flood Control Act of December 22, 1944 (58 Stat. 887), to review operations of and identify modifications to the project to expand recreational opportunities.CommentsClose CommentsPermalink
SEC. 4077. WESTERN PENNSYLVANIA FLOOD DAMAGE REDUCTION.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study of structural and nonstructural flood damage reduction, stream bank protection, storm water management, channel clearing and modification, and watershed coordination measures in the Mahoning River basin, Pennsylvania, the Allegheny River basin, Pennsylvania, and the Upper Ohio River basin, Pennsylvania, to provide a level of flood protection sufficient to prevent future losses to communities located in such basins from flooding such as occurred in September 2004, but not less than a 100-year level of flood protection.CommentsClose CommentsPermalink
(b) Priority Communities- In carrying out this section, the Secretary shall give priority to the following Pennsylvania communities: Marshall Township, Ross Township, Shaler Township, Jackson Township, Harmony, Zelienople, Darlington Township, Houston Borough, Chartiers Township, Washington, Canton Township, Tarentum Borough, and East Deer Township.CommentsClose CommentsPermalink
SEC. 4078. WILLIAMSPORT, PENNSYLVANIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study of the project for flood control, Williamsport, Pennsylvania, authorized by section 5 of the Flood Control Act of June 22, 1936 (49 Stat. 1570), to investigate measures to rehabilitate the project.CommentsClose CommentsPermalink
SEC. 4079. YARDLEY BOROUGH, PENNSYLVANIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, at Yardley Borough, Pennsylvania, including the alternative of raising River Road.CommentsClose CommentsPermalink
SEC. 4080. RIO VALENCIANO, JUNCOS, PUERTO RICO.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study to reevaluate the project for flood damage reduction and water supply, Rio Valenciano, Juncos, Puerto Rico, authorized by section 209 of the Flood Control Act of 1962 (76 Stat. 1197) and section 204 of the Flood Control Act of 1970 (84 Stat. 1828), to determine the feasibility of carrying out the project.CommentsClose CommentsPermalink
(b) Credit- The Secretary shall credit toward the non-Federal share of the cost of the study the cost of work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines that the work is integral to the project.CommentsClose CommentsPermalink
SEC. 4081. WOONSOCKET LOCAL PROTECTION PROJECT, BLACKSTONE RIVER BASIN, RHODE ISLAND.CommentsClose CommentsPermalink
The Secretary shall conduct a study, and, not later than June 30, 2008, submit to Congress a report that describes the results of the study, on the flood damage reduction project, Woonsocket, Blackstone River Basin, Rhode Island, authorized by thebasin, Rhode Island, authorized by section 10 of the Flood Control Act of December 22, 1944 (commonly known as the `Flood Control Act of 1944') (58 Stat. 887, chapter 66592), to determine the measures necessary to restore the level of protection of the project as originally designed and constructed.CommentsClose CommentsPermalink
SEC. 4028. PROJECTS FOR IMPROVEMENT, SEC. 4082. CROOKED CREEK, BENNETTSVILLE, SOUTH CAROLINA. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Crooked Creek, Bennettsville, South Carolina.CommentsClose CommentsPermalink
SEC. 4083. BROAD RIVER, YORK COUNTY, SOUTH CAROLINA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Broad River, York County, South Carolina.CommentsClose CommentsPermalink
SEC. 4084. SAVANNAH RIVER, SOUTH CAROLINA AND GEORGIA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall determine the feasibility of carrying out projects--CommentsClose CommentsPermalink
(1) to improve the Savannah River for navigation and related purposes that may be necessary to support the location of container cargo and other port facilities to be located in Jasper County, South Carolina, in the vicinity of Mile 6 of the Savannah Harbor entrance channel; andCommentsClose CommentsPermalink
(2) to remove from the proposed Jasper County port site the easements used by the Corps of Engineers for placement of dredged fill materials for the Savannah Harbor Federal navigation project.CommentsClose CommentsPermalink
(b) Factors for Consideration- In making a determination under subsection (a), the Secretary shall take into consideration--CommentsClose CommentsPermalink
(1) landside infrastructure;CommentsClose CommentsPermalink
(2) the provision of any additional dredged material disposal area as a consequence of removing from the proposed Jasper County port site the easements used by the Corps of Engineers for placement of dredged fill materials for the Savannah Harbor Federal navigation project; andCommentsClose CommentsPermalink
(3) the results of the proposed bistate compact between the State of Georgia and the State of South Carolina to own, develop, and operate port facilities at the proposed Jasper County port site, as described in the term sheet executed by the Governor of the State of Georgia and the Governor of the State of South Carolina on March 12, 2007.CommentsClose CommentsPermalink
SEC. 4029. JOHNSON CREEK, ARLINGTON, TEXASSEC. 4085. CHATTANOOGA, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall conduct a feasibility study to determine the technical soundness, economic feasibility, and environmental acceptability of the plan prepared by the city of Arlington, Texas, as generally described in the report entitled `Johnson Creek: A Vision of Conservation, Arlington, Texas', dated March 2006.SEC. 4030study to determine the feasibility of carrying out a project for flood damage reduction, Chattanooga Creek, Dobbs Branch, Chattanooga, Tennessee.CommentsClose CommentsPermalink
SEC. 4086. CLEVELAND, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Cleveland, Tennessee.CommentsClose CommentsPermalink
SEC. 4087. CUMBERLAND RIVER, NASHVILLE, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for recreation on, riverbank protection for, and environmental protection of, the Cumberland River and riparian habitats in the city of Nashville and Davidson County, Tennessee.CommentsClose CommentsPermalink
SEC. 4088. LEWIS, LAWRENCE, AND WAYNE COUNTIES, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Lewis, Lawrence, and Wayne Counties, Tennessee.CommentsClose CommentsPermalink
SEC. 4089. WOLF RIVER AND NONCONNAH CREEK, MEMPHIS, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction along Wolf River and Nonconnah Creek, in the vicinity of Memphis, Tennessee, to include the repair, replacement, rehabilitation, and restoration of the following pumping stations: Cypress Creek, Nonconnah Creek, Ensley, Marble Bayou, and Bayou Gayoso.CommentsClose CommentsPermalink
SEC. 4090. ABILENE, TEXAS.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply, Abilene, Texas.CommentsClose CommentsPermalink
SEC. 4091. COASTAL TEXAS ECOSYSTEM PROTECTION AND RESTORATION, TEXAS.CommentsClose CommentsPermalink
(a) In General- The Secretary shall develop a comprehensive plan to determine the feasibility of carrying out projects for flood damage reduction, hurricane and storm damage reduction, and ecosystem restoration in the coastal areas of the State of Texas.CommentsClose CommentsPermalink
(b) Scope- The comprehensive plan shall provide for the protection, conservation, and restoration of wetlands, barrier islands, shorelines, and related lands and features that protect critical resources, habitat, and infrastructure from the impacts of coastal storms, hurricanes, erosion, and subsidence.CommentsClose CommentsPermalink
(c) Definition- For purposes of this section, the term `coastal areas in the State of Texas' means the coastal areas of the State of Texas from the Sabine River on the east to the Rio Grande River on the west and includes tidal waters, barrier islands, marshes, coastal wetlands, rivers and streams, and adjacent areas.CommentsClose CommentsPermalink
SEC. 4092. PORT OF GALVESTON, TEXAS.CommentsClose CommentsPermalink
The Secretary shall conduct a study of the feasibility of carrying out a project for dredged material disposal in the vicinity of the project for navigation and environmental restoration, Houston-Galveston Navigation Channels, Texas, authorized by section 101(a)(30) of the Water Resources Development Act of 1996 (110 Stat. 3666).CommentsClose CommentsPermalink
SEC. 4093. GRAND COUNTY AND MOAB, UTAH.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for water supply for Grand County and the city of Moab, Utah, including a review of the impact of current and future demands on the Spanish Valley Aquifer.CommentsClose CommentsPermalink
SEC. 4094. SOUTHWESTERN UTAH.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction, Santa Clara River, Washington, Iron, and Kane Counties, Utah.CommentsClose CommentsPermalink
SEC. 4095. ECOSYSTEM AND HYDROPOWER GENERATION DAMS, VERMONT.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a study of the potential to carry out ecosystem restoration and hydropower generation at dams in the State of Vermont, including a review of the report of the Secretary on the land and water resources of the New England-New York region submitted to the President on April 27, 1956 (published as Senate Document Number 14, 85th Congress), and other relevant reports.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the study under subsection (a) shall be to determine the feasibility of providing water resource improvements and small-scale hydropower generation in the State of Vermont, including, as appropriate, options for dam restoration, hydropower, dam removal, and fish passage enhancement.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to carry out this section $500,000, to remain available until expended.SEC. 4031. EURASIAN MILFOIL.Under the authority of section 104 of the River and Harbor Act of 1958 (
SEC. 4096. ELLIOTT BAY SEAWALL REHABILITATION STUDY, SEATTLE, WASHINGTON.CommentsClose CommentsPermalink
The study for the rehabilitation of the Ellio(a) In General- The study for rehabilitation of the Elliott Bay Seawall, Seattle, Washington, is modified to direct the Secretary to determinebeing carried out under Committee Resolution 2704 of the Committee on Transportation and Infrastructure of the House of Representatives adopted September 25, 2002, is modified to include a determination of the feasibility of reducing future damage to the seawall from seismic activity.CommentsClose CommentsPermalink
SEC. 4035 (b) Acceptance of Contributions- In carrying out the study, the Secretary may accept contributions in excess of the non-Federal share of the cost of the study from the non-Federal interest to the extent that the Secretary determines that the contributions will facilitate completion of the study. CommentsClose CommentsPermalink
(c) Credit- The Secretary shall credit toward the non-Federal share of the cost of any project authorized by law as a result of the study the value of contributions accepted by the Secretary under subsection (b).CommentsClose CommentsPermalink
SEC. 4097. MONONGAHELA RIVER BASIN, NORTHERN WEST VIRGINIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out aquatic ecosystem restoration and protection projects in the watersheds of the Monongahela River Basin lying within the counties of Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Gilmer, Brooke, and Rithchie, West Virginia.CommentsClose CommentsPermalink
SEC. 4098. KENOSHA HARBOR, WISCONSIN.CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for navigation, Kenosha Harbor, Wisconsin, including the extension of existing piers.CommentsClose CommentsPermalink
SEC. 4099. JOHNSONVILLE DAM, JOHNSONVILLE, WISCONSIN.CommentsClose CommentsPermalink
The Secretary shall conduct a study of the Johnsonville Dam, Johnsonville, Wisconsin, to determine whetherif the structure prevents ice jams on the Sheboygan River.CommentsClose CommentsPermalink
SEC. 4036 SEC. 4100. WAUWATOSA, WISCONSIN. CommentsClose CommentsPermalink
The Secretary shall conduct a study to determine the feasibility of carrying out a project for flood damage reduction and environmental restoration, Menomonee River and Underwood Creek, Wauwatosa, Wisconsin, and greater Milwaukee watersheds, Wisconsin.CommentsClose CommentsPermalink
SEC. 4101. DEBRIS REMOVAL.CommentsClose CommentsPermalink
(a) ReeEvaluation-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary, in coordination with the Administrator of the Environmental Comptroller General of the United States, in coordination with the Secretary and the Administrator of the Environmental Protection Agency, and in consultation with affected communities, shall conduct a complete reevaluation of Federal and non-Federal demolition, debris removal, segregation, transportation, and disposal practices relating to disaster areas designated in response to Hurricanes Katrina and Rita (including regulated and nonregulated materials and debris).CommentsClose CommentsPermalink
(2) INCLUSIONS- The reevaluation under paragraph (1) shall include a review of--CommentsClose CommentsPermalink
(A) compliance with all applicable environmental laws;CommentsClose CommentsPermalink
(B) permits issued or required to be issued with respect to debris handling, transportation, storage, or disposal; andCommentsClose CommentsPermalink
(C) administrative actions relating to debris removal and disposal in the disaster areas described in paragraph (1).CommentsClose CommentsPermalink
(b) Report- Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the Committee on the Environment and Public Works of the Senate and the Committee Comptroller General, in consultation with the Secretary and the Administrator, shall submit to the Committee on the Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that--CommentsClose CommentsPermalink
(1) describes the findings of the Secretary with respect to the reevaluation under subsectionComptroller General with respect to the evaluation under subsection (a);CommentsClose CommentsPermalink
(2)(A) certifies compliance with all applicable environmental laws; andCommentsClose CommentsPermalink
(B) identifies any area in which a violation of such a law has occurred or is occurring;CommentsClose CommentsPermalink
(3) includes recommendations to ensure--CommentsClose CommentsPermalink
(A) the protection of the environment;CommentsClose CommentsPermalink
(B) sustainable practices; andCommentsClose CommentsPermalink
(C) the integrity of hurricane and flood protection infrastructure relating to debris disposal practices;CommentsClose CommentsPermalink
(4) contains an enforcement plan that is designed to prevent illegal dumping of hurricane debris in a disaster area; andCommentsClose CommentsPermalink
(5) contains plans of the Secretary and the Administrator to involve the public and non-Federal interests, including through the formation of a Federal advisory committee, as necessary, to seek public comment relating to the removal, disposal, and planning for the handling of post-hurricane debris.CommentsClose CommentsPermalink
SEC. 4037. MOHAWK RIVER, ONEIDA COUNTY, NEW YORK (c) Restriction- CommentsClose CommentsPermalink
(1) IN GENERAL- No Federal funds may be used to pay for or reimburse any State or local entity in Louisiana for the disposal of construction and demolition debris generated as a result of Hurricane Katrina in 2005 in a landfill designated for construction and demolition debris as described in section 257.2 of title 40, Code of Federal Regulations, unless that waste meets the definition of construction and demolition debris, as specified under Federal law and described in that section on the date of enactment of this Act.CommentsClose CommentsPermalink
(2) APPLICABILITY- The restriction in paragraph (1) shall apply only to any disposal that occurs after the date of enactment of this Act.CommentsClose CommentsPermalink
TITLE V--MISCELLANEOUS
SEC. 5001. MAINTENANCE OF NAVIGATION CHANNELS.CommentsClose CommentsPermalink
(a) In General- Upon request of a non-Federal interest, the Secretary shall be responsible for maintenance of the following navigation channels and breakwaters constructed or improved by the non-Federal interest if the Secretary determines that such maintenance is economically justified and environmentally acceptable and that the channel or breakwater was constructed in accordance with applicable permits and appropriate engineering and design standards:CommentsClose CommentsPermalink
(1) Manatee Harbor basin, Florida.CommentsClose CommentsPermalink
(2) Tampa Harbor, Sparkman Channel and Davis Island, Florida.CommentsClose CommentsPermalink
(3) West turning basin, Canaveral Harbor, Florida.CommentsClose CommentsPermalink
(4) Bayou LaFourche Channel, Port Fourchon, Louisiana.CommentsClose CommentsPermalink
(5) Calcasieu River at Devil's Elbow, Louisiana.CommentsClose CommentsPermalink
(6) Pidgeon Industrial Harbor, Pidgeon Industrial Park, Memphis Harbor, Tennessee.CommentsClose CommentsPermalink
(7) Houston Ship Channel, Bayport Cruise Channel and Bayport Cruise turning basin, as part of the existing Bayport Channel, Texas.CommentsClose CommentsPermalink
(8) Pix Bayou Navigation Channel, Chambers County, Texas.CommentsClose CommentsPermalink
(9) Jacintoport Channel at Houston Ship Channel, Texas.CommentsClose CommentsPermalink
(10) Racine Harbor, Wisconsin.CommentsClose CommentsPermalink
(b) Completion of Assessment- Not later than 6 months after the date of receipt of a request from a non-Federal interest for Federal assumption of maintenance of a channel listed in subsection (a), the Secretary shall make a determination as provided in subsection (a) and advise the non-Federal interest of the Secretary's determination.CommentsClose CommentsPermalink
SEC. 5002. WATERSHED MANAGEMENT.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct a watershed study of the Mohawk Rivermay provide technical, planning, and design assistance to non-Federal interests for carrying out watershed management, restoration, and development projects at the locations described in subsection (d).CommentsClose CommentsPermalink
(b) Specific Measures- Assistance provided under subsection (a) may be in support of non-Federal projects for the following purposes:CommentsClose CommentsPermalink
(1) Management and restoration of water quality.CommentsClose CommentsPermalink
(2) Control and remediation of toxic sediments.CommentsClose CommentsPermalink
(3) Restoration of degraded streams, rivers, wetlands, and other water bodies to their natural condition as a means to control flooding, excessive erosion, and sedimentation.CommentsClose CommentsPermalink
(4) Protection and restoration of watersheds, including urban watersheds.CommentsClose CommentsPermalink
(5) Demonstration of technologies for nonstructural measures to reduce destructive impacts of flooding.CommentsClose CommentsPermalink
(c) Non-Federal Share- The non-Federal share of the cost of assistance provided under subsection (a) shall be 25 percent.CommentsClose CommentsPermalink
(d) Project Locations- The locations referred to in subsection (a) are the following:CommentsClose CommentsPermalink
(1) Charlotte Harbor watershed, Florida.CommentsClose CommentsPermalink
(2) Those portions of the watersheds of the Chattahoochee, Etowah, Flint, Ocmulgee, and Oconee Rivers lying within the counties of Bartow, Cherokee, Clayton, Cobb, Coweta, DeKalb, Douglas, Fayette, Fulton, Forsyth, Gwinnett, Hall, Henry, Paulding, Rockdale, and Walton, Georgia.CommentsClose CommentsPermalink
(3) Kinkaid Lake, Jackson County, Illinois.CommentsClose CommentsPermalink
(4) Amite River basin, Louisiana.CommentsClose CommentsPermalink
(5) East Atchafalaya River basin, Iberville Parish and Pointe Coupee Parish, Louisiana.CommentsClose CommentsPermalink
(6) Red River watershed, Louisiana.CommentsClose CommentsPermalink
(7) Taunton River basin, Massachusetts.CommentsClose CommentsPermalink
(8) Marlboro Township, New Jersey.CommentsClose CommentsPermalink
(9) Esopus, Plattekill, and Rondout Creeks, Greene, Sullivan, and Ulster Counties, New York.CommentsClose CommentsPermalink
(10) Greenwood Lake watershed, New York and New Jersey.CommentsClose CommentsPermalink
(11) Long Island Sound watershed, New York.CommentsClose CommentsPermalink
(12) Ramapo River watershed, New York.CommentsClose CommentsPermalink
(13) Tuscarawas River basin, Ohio.CommentsClose CommentsPermalink
(14) Western Lake Erie basin, Ohio.CommentsClose CommentsPermalink
(15) Those portions of the watersheds of the Beaver, Upper Ohio, Connoquenessing, Lower Allegheny, Kiskiminetas, Lower Monongahela, Youghiogheny, Shenango, and Mahoning Rivers lying within the counties of Beaver, Butler, Lawrence, and Mercer, Pennsylvania.CommentsClose CommentsPermalink
(16) Otter Creek watershed, Pennsylvania.CommentsClose CommentsPermalink
(17) Unami Creek watershed, Oneida County, New York, with a particular emphasis on improving water quality and the environment.(b) Recommendations- In conducting the study under subsection (a), tMilford Township, Pennsylvania.CommentsClose CommentsPermalink
(18) Sauk River basin, Washington.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $15,000,000.CommentsClose CommentsPermalink
SEC. 5003. DAM SAFETY.CommentsClose CommentsPermalink
(a) Assistance- The Secretary may provide assistance to enhance dam safety at the following locations:CommentsClose CommentsPermalink
(1) Fish Creek Dam, Blaine County, Idaho.CommentsClose CommentsPermalink
(2) Keith Creek, Rockford, Illinois.CommentsClose CommentsPermalink
(3) Mount Zion Mill Pond Dam, Fulton County, Indiana.CommentsClose CommentsPermalink
(4) Hamilton Dam, Flint River, Flint, Michigan.CommentsClose CommentsPermalink
(5) Congers Lake Dam, Rockland County, New York.CommentsClose CommentsPermalink
(6) Lake Lucille Dam, New City, New York.CommentsClose CommentsPermalink
(7) Peconic River Dams, town of Riverhead, Suffolk, Long Island, New York.CommentsClose CommentsPermalink
(8) Pine Grove Lakes Dam, Sloatsburg, New York.CommentsClose CommentsPermalink
(9) State Dam, Auburn, New York.CommentsClose CommentsPermalink
(10) Whaley Lake Dam, Pawling, New York.CommentsClose CommentsPermalink
(11) Brightwood Dam, Concord Township, Ohio.CommentsClose CommentsPermalink
(12) Ingham Spring Dam, Solebury Township, Pennsylvania.CommentsClose CommentsPermalink
(13) Leaser Lake Dam, Lehigh County, Pennsylvania.CommentsClose CommentsPermalink
(14) Stillwater Dam, Monroe County, Pennsylvania.CommentsClose CommentsPermalink
(15) Wissahickon Creek Dam, Montgomery County, Pennsylvania.CommentsClose CommentsPermalink
(b) Special Rule- The assistance provided under subsection (a) for State Dam, Auburn, New York, shall be for a project for rehabilitation in accordance with the report on State Dam Rehabilitation, Owasco Lake Outlet, New York, dated March 1999, if the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out subsection (a) $12,000,000.CommentsClose CommentsPermalink
SEC. 5004. STRUCTURAL INTEGRITY EVALUATIONS.CommentsClose CommentsPermalink
(a) In General- Upon request of a non-Federal interest, the Secretary shall evaluate the structural integrity and effectiveness of a project for flood damage reduction and, if the Secretary determines that the project does not meet such minimum standards as the Secretary may establish and absent action by the Secretary the project will fail, the Secretary may take such action as may be necessary to restore the integrity and effectiveness of the project.CommentsClose CommentsPermalink
(b) Priority- The Secretary shall carry out an evaluation and take such actions as may be necessary under subsection (a) for the project for flood damage reduction, Arkansas River Levees, Arkansas.CommentsClose CommentsPermalink
SEC. 5005. FLOOD MITIGATION PRIORITY AREAS.CommentsClose CommentsPermalink
(a) In General- Section 212(e) of the Water Resources Development Act of 1999 (
(1) by striking `and' at the end of paragraphs (23) and (27);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (28) and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(29) Ascension Parish, Louisiana;CommentsClose CommentsPermalink
`(30) East Baton Rouge Parish, Louisiana;CommentsClose CommentsPermalink
`(31) Iberville Parish, Louisiana;CommentsClose CommentsPermalink
`(32) Livingston Parish, Louisiana; andCommentsClose CommentsPermalink
`(33) Pointe Coupee Parish, Louisiana.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 212(i)(1) of such Act (
SEC. 5006. ADDITIONAL ASSISTANCE FOR AUTHORIZED PROJECTS.CommentsClose CommentsPermalink
(a) In General- Section 219(e) of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334) is amended--CommentsClose CommentsPermalink
(1) by striking `and' at the end of paragraph (7);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (8) and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(9) $35,000,000 for the project described in subsection (c)(18);CommentsClose CommentsPermalink
`(10) $27,000,000 for the project described in subsection (c)(19);CommentsClose CommentsPermalink
`(11) $20,000,000 for the project described in subsection (c)(20);CommentsClose CommentsPermalink
`(12) $35,000,000 for the project described in subsection (c)(23);CommentsClose CommentsPermalink
`(13) $20,000,000 for the project described in subsection (c)(25);CommentsClose CommentsPermalink
`(14) $20,000,000 for the project described in subsection (c)(26);CommentsClose CommentsPermalink
`(15) $35,000,000 for the project described in subsection (c)(27);CommentsClose CommentsPermalink
`(16) $20,000,000 for the project described in subsection (c)(28); andCommentsClose CommentsPermalink
`(17) $30,000,000 for the project described in subsection (c)(40).'.CommentsClose CommentsPermalink
(b) East Arkansas Enterprise Community, Arkansas- Federal assistance made available under the rural enterprise zone program of the Department of Agriculture may be used toward payment of the non-Federal share of the costs of the project described in section 219(c)(20) of the Water Resources Development Act of 1992 (114 Stat. 2763A-219) if such assistance is authorized to be used for such purposes.CommentsClose CommentsPermalink
SEC. 5007. EXPEDITED COMPLETION OF REPORTS AND CONSTRUCTION FOR CERTAIN PROJECTS.CommentsClose CommentsPermalink
The Secretary shall expedite completion of the reports and, if the Secretary determines that the project is feasible, shall expedite completion of construction for the following projects:CommentsClose CommentsPermalink
(1) Project for navigation, Whittier, Alaska.CommentsClose CommentsPermalink
(2) Laguna Creek watershed flood damage reduction project, California.CommentsClose CommentsPermalink
(3) Daytona Beach shore protection project, Florida.CommentsClose CommentsPermalink
(4) Flagler Beach shore protection project, Florida.CommentsClose CommentsPermalink
(5) St. Johns County shore protection project, Florida.CommentsClose CommentsPermalink
(6) Chenier Plain environmental restoration project, Louisiana.CommentsClose CommentsPermalink
(7) False River, Louisiana, being carried out under section 206 of the Water Resources Development Act of 1996 (
(8) North River, Peabody, Massachusetts, being carried out under section 205 of the Flood Control Act of 1948 (
(9) Fulmer Creek, Village of Mohawk, New York, being carried out under section 205 of the Flood Control Act of 1948 (
(10) Moyer Creek, Village of Frankfort, New York, being carried out under section 205 of the Flood Control Act of 1948 (
(11) Steele Creek, Village of Ilion, New York, being carried out under section 205 of the Flood Control Act of 1948 (
(12) Oriskany Wildlife Management Area, Rome, New York, being carried out under section 206 of the Water Resources Development Act of 1996 (
(13) Whitney Point Lake, Otselic River, Whitney Point, New York, being carried out under section 1135 of the Water Resources Development Act of 1986 (
(14) Chenango Lake, Chenango County, New York, being carried out under section 206 of the Water Resources Development Act of 1996 (
SEC. 5008. EXPEDITED COMPLETION OF REPORTS FOR CERTAIN PROJECTS.CommentsClose CommentsPermalink
(a) In General- The Secretary shall take into consideration impacts on the Sauquoit Creek Watershed and the economy.SEC. 4038. WALLA WALLA RIVER BASIN, OREGON AND WASHINGTON.In conducting the study to determine the feasibility of carrying out a project for ecosystem restoration, Walla Walla River Basin, Oregon and Washington, the Secretary shall--(1) provide a credit toward the non-Federal share of the cost of the project for the cost of any activity carried out by the non-Federal interest before the date of the partnership agreement for the project, if the Secretary determines that the activityexpedite completion of the reports for the following projects and, if the Secretary determines that a project is integral to the project; and(2) allow the non-Federal interest to providejustified in the completed report, proceed directly to project preconstruction, engineering, and design:CommentsClose CommentsPermalink
(1) Project for water supply, Little Red River, Arkansas.CommentsClose CommentsPermalink
(2) Watershed study, Fountain Creek, north of Pueblo, Colorado.CommentsClose CommentsPermalink
(3) Project for shoreline stabilization at Egmont Key, Florida.CommentsClose CommentsPermalink
(4) Project for navigation, Sabine-Neches Waterway, Texas and Louisiana.CommentsClose CommentsPermalink
(5) Project for ecosystem restoration, University Lake, Baton Rouge, Louisiana.CommentsClose CommentsPermalink
(b) Special Rule for Egmont Key, Florida- In carrying out the project for shoreline stabilization at Egmont Key, Florida, referred to in subsection (a)(3), the Secretary shall waive any cost share to be provided by non-Federal interests for any portion of the project that benefits federally owned property.CommentsClose CommentsPermalink
SEC. 5009. SOUTHEASTERN WATER RESOURCES ASSESSMENT.CommentsClose CommentsPermalink
(a) In General- The Secretary shall conduct, at Federal expense, an assessment of the water resources needs of the river basins and watersheds of the southeastern United States.CommentsClose CommentsPermalink
(b) Cooperative Agreements- In carrying out the assessment, the Secretary may enter into cooperative agreements with State and local agencies, non-Federal and nonprofit entities, and regional researchers.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated $7,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5010. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT PROJECT.CommentsClose CommentsPermalink
Section 514 of the Water Resources Development Act of 1999 (113 Stat. 343; 117 Stat. 142) is amended--CommentsClose CommentsPermalink
(1) in subsection (b)(2)(A) by adding at the end the following: `The Secretary shall ensure that such activities are carried out throughout the geographic area that is subject to the plan.';CommentsClose CommentsPermalink
(2) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively;CommentsClose CommentsPermalink
(3) by inserting after subsection (e) the following:CommentsClose CommentsPermalink
`(f) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
(4) in subsection (g) (as redesignated by paragraph (2) of this section) by adding at the end the following:CommentsClose CommentsPermalink
`(4) NON-FEDERAL SHARE-CommentsClose CommentsPermalink
`(A) IN GENERAL- The non-Federal share of the costs of activities carried out under the plan may be provided--CommentsClose CommentsPermalink
`(i) in cash;CommentsClose CommentsPermalink
`(ii) by the provision of land, easements, rights-of-way, relocations, or disposal areas;CommentsClose CommentsPermalink
`(iii) by in-kind services to implement the project; orCommentsClose CommentsPermalink
`(iv) by any combination thereof.CommentsClose CommentsPermalink
`(B) PRIVATE OWNERSHIP- Land needed for activities carried out under the plan and credited toward the non-Federal share of the cost of the study in the form of in-kind services and materials.
`(i) satisfactory to the Secretary; andCommentsClose CommentsPermalink
`(ii) necessary to ensure achievement of the project purposes.'; andCommentsClose CommentsPermalink
(5) in subsection (h) (as redesignated by paragraph (2) of this section) by striking `for the period of fiscal years 2003 and 2004.' and inserting `per fiscal year through fiscal year 2015.'.CommentsClose CommentsPermalink
SEC. 5011. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION PROGRAM.CommentsClose CommentsPermalink
(a) Great Lakes Fishery and Ecosystem Restoration- Section 506(c) of the Water Resources Development Act of 2000 (
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;CommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following:CommentsClose CommentsPermalink
`(2) RECONNAISSANCE STUDIES- Before planning, designing, or constructing a project under paragraph (3), the Secretary shall carry out a reconnaissance study--CommentsClose CommentsPermalink
`(A) to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; andCommentsClose CommentsPermalink
`(B) to determine whether planning of a project under paragraph (3) should proceed.'; andCommentsClose CommentsPermalink
(3) in paragraph (4)(A) (as redesignated by paragraph (1) of this subsection) by striking `paragraph (2)' and inserting `paragraph (3)'.CommentsClose CommentsPermalink
(b) Cost Sharing- Section 506(f) of the Water Resources Development Act of 2000 (
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) by striking `The Federal share' and inserting `Except for reconnaissance studies, the Federal share'; andCommentsClose CommentsPermalink
(B) by striking `(2) or (3)' and inserting `(3) or (4)';CommentsClose CommentsPermalink
(2) in paragraph (3)--CommentsClose CommentsPermalink
(A) in subparagraph (A) by striking `subsection (c)(2)' and inserting `subsection (c)(3)'; andCommentsClose CommentsPermalink
(B) in subparagraph (B) by striking `50 percent' and inserting `100 percent'; andCommentsClose CommentsPermalink
(3) in paragraph (5) by striking `Notwithstanding' and inserting `In accordance with'.CommentsClose CommentsPermalink
SEC. 5012. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.CommentsClose CommentsPermalink
Section 602(a) of the Water Resources Development Act of 1986 (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended--(1) in paragraph (18), by striking `and' at the end;(2) in paragraph (19), by striking the period at the end and inserting401(c) of the Water Resources Development Act of 1990 (
SEC. 5013. GREAT LAKES TRIBUTARY MODELS.CommentsClose CommentsPermalink
Section 516(g)(2) of the Water Resources Development Act of 1996 (
SEC. 5014. GREAT LAKES NAVIGATION AND PROTECTION.CommentsClose CommentsPermalink
(a) Great Lakes Navigation- Using available funds, the Secretary shall expedite the operation and maintenance, including dredging, of the navigation features of the Great Lakes and Connecting Channels for the purpose of supporting commercial navigation to authorized project depths.CommentsClose CommentsPermalink
(b) Great Lakes Pilot Project- Using available funds, the Director of the Animal and Plant Health Inspection Service, in coordination with the Secretary, the Administrator of the Environmental Protection Agency, the Commandant of the Coast Guard, and the Director of the United States Fish and Wildlife Service, shall carry out a semicolon; and(3) by adding at the end the following:`(20) Lake Sakakawea, North Dakota, removal of silt and aquatic growth and measures to address excessive sedimentation;`(21) Lake Morley, Vermont, removal of silt and aquatic growth and measures to address excessive sedimentation;`(22) Lake Fairlee, Vermont, removal of silt and aquatic growth and measures to address excessive sedimentation; and`(23) Lake Rodgers, Creedmoor, North Carolina, removal of silt and excessive nutrients and restorationpilot project, on an emergency basis, to control and prevent further spreading of viral hemorrhagic septicemia in the Great Lakes and Connecting Channels.CommentsClose CommentsPermalink
(c) Great Lakes and Connecting Channels Defined- In this section, the term `Great Lakes and Connecting Channels' includes Lakes Superior, Huron, Michigan, Erie, and Ontario, all connecting waters between and among such lakes used for commercial navigation, any navigation features in such lakes or waters that are a Federal operation or maintenance responsibility, and areas of the Saint Lawrence River that are operated or maintained by the Federal Government for commercial navigation.CommentsClose CommentsPermalink
SEC. 5015. SAINT LAWRENCE SEAWAY.CommentsClose CommentsPermalink
(a) In General- The Secretary is authorized, using amounts contributed by the Saint Lawrence Seaway Development Corporation under subsection (b), to carry out projects for operations, maintenance, repair, and rehabilitation, including associated maintenance dredging, of the Eisenhower and Snell lock facilities and related navigational infrastructure for the Saint Lawrence Seaway, at a total cost of $134,650,000.CommentsClose CommentsPermalink
(b) Source of Funds- The Secretary is authorized to accept funds from the Saint Lawrence Seaway Development Corporation to carry out projects under this section. Such funds may include amounts made available to the Corporation from the Harbor Maintenance Trust Fund and the general fund of the Treasury of the United States pursuant to section 210 of the Water Resources Development Act of 1986 (
(c) Limitation on Statutory Construction- Nothing in this section authorizes the construction of any project to increase the depth or width of the navigation channel to a level greater than that previously authorized and existing on the date of enactment of this Act or to increase the dimensions of the Eisenhower and Snell lock facilities.CommentsClose CommentsPermalink
SEC. 5016. UPPER MISSISSIPPI RIVER DISPERSAL BARRIER PROJECT.CommentsClose CommentsPermalink
(a) In General- The Secretary, in consultation with appropriate Federal and State agencies, shall study, design, and carry out a project to delay, deter, impede, or restrict the dispersal of aquatic nuisance species into the northern reaches of the Upper Mississippi River system. The Secretary shall complete the study, design, and construction of the project not later than 6 months after the date of enactment of this Act.CommentsClose CommentsPermalink
(b) Dispersal Barrier- In carrying out subsection (a), the Secretary, at Federal expense, shall--CommentsClose CommentsPermalink
(1) investigate and identify environmentally sound methods for preventing and reducing the dispersal of aquatic nuisance species through the northern reaches of the Upper Mississippi River system;CommentsClose CommentsPermalink
(2) use available technologies and measures;CommentsClose CommentsPermalink
(3) monitor and evaluate, in cooperation with the Director of the United States Fish and Wildlife Service, the effectiveness of the project in preventing and reducing the dispersal of aquatic nuisance species through the northern reaches of the Upper Mississippi River system;CommentsClose CommentsPermalink
(4) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report on the results of the evaluation conducted under paragraph (3); andCommentsClose CommentsPermalink
(5) operate and maintain the project.CommentsClose CommentsPermalink
(c) Requirement- In conducting the study under subsection (a), the Secretary shall take into consideration the feasibility of structural integrity.'.SEC. 5002locating the dispersal barrier at the lock portion of the project at Lock and Dam 11 in the Upper Mississippi River basin.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated $4,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5017. ESTUARY RESTORATION.CommentsClose CommentsPermalink
(a) Purposes- Section 102 of the Estuary Restoration Act of 2000 (
(1) in paragraph (1), by inserting before the semicolon by inserting before the semicolon at the end the following: `by implementing a coordinated Federal approach to estuary habitat restoration activities, including the use of common monitoring standards and a common system for tracking restoration acreage';CommentsClose CommentsPermalink
(2) in paragraph (2), by inserting `and implement' after `to develop'; andCommentsClose CommentsPermalink
(3) in paragraph (3), by inserting `through cooperative agreements' after `restoration projects'.CommentsClose CommentsPermalink
(b) Definition of Estuary Habitat Restoration Plan- Section 103(6)(A) of the Estuary Restoration Act of 2000 (
(c) Estuary Habitat Restoration Program- Section 104 of the Estuary Restoration Act of 2000 (
(1) in subsection (a), by inserting `through the award of contracts and cooperative agreements' after `assistance';CommentsClose CommentsPermalink
(2) in subsection (c)--CommentsClose CommentsPermalink
(A) in paragraph (3)(A), by inserting `or State' after `Federal'; andCommentsClose CommentsPermalink
(B) in paragraph (4)(B), by inserting `or approach' after `technology';CommentsClose CommentsPermalink
(3) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking `Except' and inserting the following:CommentsClose CommentsPermalink
`(iA) IN GENERAL- Except'; andCommentsClose CommentsPermalink
(ii) by adding at the end the following:CommentsClose CommentsPermalink
`(iiB) MONITORING-CommentsClose CommentsPermalink
`(Ii) COSTS- The costs of monitoring an estuary habitat restoration project funded under this title may be included in the total cost of the estuary habitat restoration project.CommentsClose CommentsPermalink
`(IIii) GOALS- The goals of the monitoring shall be--CommentsClose CommentsPermalink
`(aaI) to measure the effectiveness of the restoration project; andCommentsClose CommentsPermalink
`(bbII) to allow adaptive management to ensure project success.';CommentsClose CommentsPermalink
(B) in paragraph (2), by inserting `or approach' after `technology'; andCommentsClose CommentsPermalink
(C) in paragraph (3), by inserting `(including monitoring)' after `services';CommentsClose CommentsPermalink
(4) in subsection (f)(1)(B), by inserting `long-term' before `maintenance'; andCommentsClose CommentsPermalink
(5) in subsection (g)--CommentsClose CommentsPermalink
(A) by striking `In carrying' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- In carrying'; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(2) SMALL PROJECTS-CommentsClose CommentsPermalink
`(A) DEFINITION OF SMALL PROJECTSMALL PROJECT DEFINED- In this paragraph, the term `small project' means a project carried out under this title at awith an estimated Federal cost of less than $1,000,000.CommentsClose CommentsPermalink
`(B) SMALL PROJECT DELEGATION- In carrying out this title, the Secretary, upon theDELEGATION OF PROJECT IMPLEMENTATION- In carrying out this section, the Secretary, on recommendation of the Council, may delegate implementation of a small project to--CommentsClose CommentsPermalink
`(i) the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service);CommentsClose CommentsPermalink
`(ii) the Under Secretary for Oceans and Atmosphere of the Department of Commerce;CommentsClose CommentsPermalink
`(iii) the Administrator of the Environmental Protection Agency; orCommentsClose CommentsPermalink
`(iv) the Secretary of Agriculture.CommentsClose CommentsPermalink
`(C) FUNDING- The implementation of aA small project delegated to the head of a Federal department or agency under this paragraph may be carried out using--`(i) funds appropriated to the department or agency under section 109(a)(1); or`(ii) any or other funds available to the department or agency.CommentsClose CommentsPermalink
`(D) AGREEMENTS- The head of a Federal department or agency to which implementation of a small project is delegated shall enter into an agreement with the non-Federal interesunder this paragraph shall enter into an agreement with the non-Federal interest for the project generally in conformance with the criteria in subsections (d) and (e). Cooperative agreements may be used for any delegated project.'.(d) to allow the non-Federal interest to carry out the project on behalf of the Federal agency.'.CommentsClose CommentsPermalink
(d) Establishment of Estuary Habitat Restoration Council- Section 105(b) of the Estuary Restoration Act of 2000 (
(1) in paragraph (4), by striking `and' after the semicolon;CommentsClose CommentsPermalink
(2) in paragraph (5), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(6) cooperating in the implementation of the strategy developed under section 106;CommentsClose CommentsPermalink
`(7) recommending standards for monitoring for restoration projects and contribution of project information to the database developed under section 107; andCommentsClose CommentsPermalink
`(8) otherwise using the respective agency authorities of the Council members to carry out this title.'.CommentsClose CommentsPermalink
(e) Monitoring of Estuary Habitat Restoration Projects- Section 107(d) of the Estuary Restoration Act of 2000 (
(f) Reporting- Section 108(a) of the Estuary Restoration Act of 2000 (
(g) Funding- Section 109(a) of the Estuary Restoration Act of 2000 (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the matter preceding subparagraph (A), by striking `to the Secretary'; andCommentsClose CommentsPermalink
(B) by striking subparagraphs (A) through (D) and inserting the following:CommentsClose CommentsPermalink
`(A) to the Secretary, $25,000,000 for each of fiscal years 2007 through 20118 through 2012;CommentsClose CommentsPermalink
`(B) to the Secretary of the Interior (acting through the Director of the United States Fish and Wildlife Service), $2,500,000 for each of fiscal years 2007 through 20118 through 2012;CommentsClose CommentsPermalink
`(C) to the Under Secretary for Oceans and Atmosphere of the Department of Commerce, $2,500,000 for each of fiscal years 2007 through 20118 through 2012;CommentsClose CommentsPermalink
`(D) to the Administrator of the Environmental Protection Agency, $2,500,000 for each of fiscal years 2007 through 20118 through 2012; andCommentsClose CommentsPermalink
`(E) to the Secretary of Agriculture, $2,500,000 for each of fiscal years 2007 through 20118 through 2012.'; andCommentsClose CommentsPermalink
(2) in the first sentence of paragraph (2)--CommentsClose CommentsPermalink
(A) by inserting `and other information compiled under section 107' after `this title'; andCommentsClose CommentsPermalink
(B) by striking `2005' and inserting `20112'.CommentsClose CommentsPermalink
(h) General Provisions- Section 110 of the Estuary Restoration Act of 2000 (
(1) in subsection (b)(1)--CommentsClose CommentsPermalink
(A) by inserting `or contracts' after `agreements'; andCommentsClose CommentsPermalink
(B) by inserting `, nongovernmental organizations,' after `agencies'; andCommentsClose CommentsPermalink
(2) by striking subsections (d) and (e).CommentsClose CommentsPermalink
SEC. 5003. ENVIRONMENTAL INFRASTRUCTURE.Section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113 Stat. 1494; 114 Stat. 2763A-219) is amended--(1) in subsection (c)(5), by striking `a project for the elimination or control of combined sewer overflows' and inserting `projects for the design, installation, enhancement or repair of sewer systems';(2) in subsection (e)(1), by striking `$20,000,000' and inserting `$32,500,000'; and(3) in subsection (f) SEC. 5018. MISSOURI RIVER AND TRIBUTARIES, MITIGATION, RECOVERY, AND RESTORATION, IOWA, KANSAS, MISSOURI, MONTANA, NEBRASKA, NORTH DAKOTA, SOUTH DAKOTA, AND WYOMING. CommentsClose CommentsPermalink
(a) Study-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the Missouri River Recovery Implementation Committee to be established under subsection (b)(1), shall conduct a study of the Missouri River and its tributaries to determine actions required--CommentsClose CommentsPermalink
(A) to mitigate losses of aquatic and terrestrial habitat;CommentsClose CommentsPermalink
(B) to recover federally listed species under the Endangered Species Act of 1973 (
(C) to restore the ecosystem to prevent further declines among other native species.CommentsClose CommentsPermalink
(2) FUNDING- The study to be conducted under paragraph (1) shall be funded using amounts made available to carry out the Missouri River recovery and mitigation plan authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143).CommentsClose CommentsPermalink
(b) Missouri River Recovery Implementation Committee-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- Not later than 6 months after the date of enactment of this Act, the Secretary shall establish a committee to be known as the Missouri River Recovery Implementation Committee (in this section referred to as the `Committee').CommentsClose CommentsPermalink
(2) MEMBERSHIP- The Committee shall include representatives from--CommentsClose CommentsPermalink
(A) Federal agencies;CommentsClose CommentsPermalink
(B) States located near the Missouri River basin; andCommentsClose CommentsPermalink
(C) other appropriate entities, as determined by the Secretary, including--CommentsClose CommentsPermalink
(i) water management and fish and wildlife agencies;CommentsClose CommentsPermalink
(ii) Indian tribes located near the Missouri River basin; andCommentsClose CommentsPermalink
(iii) nongovernmental stakeholders, which may include--CommentsClose CommentsPermalink
(I) navigation interests;CommentsClose CommentsPermalink
(II) irrigation interests;CommentsClose CommentsPermalink
(III) flood control interests;CommentsClose CommentsPermalink
(IV) fish, wildlife, and conservation organizations;CommentsClose CommentsPermalink
(V) recreation interests; andCommentsClose CommentsPermalink
(VI) power supply interests.CommentsClose CommentsPermalink
(3) DUTIES- The Committee shall--CommentsClose CommentsPermalink
(A) in paragraph (30), by striking `$55,000,000' and inserting `$75,000,000'; and(B) by adding at the end the following:`(77) CHATTOOGA COUNTY, GEORGIA- $8,000,000 for waste and drinking water infrastructure improvement, Chattooga County, Georgia.`(78) ALBANY, GEORGIA- $4,000,000 storm drainage system, Albany, Georgia.`(79) MOULTRIE, GEORGIA- $5,000,000 for water supply infrastructure, Moultrie, Georgia.`(80) STEPHENS COUNTY/CITY OF TOCCOA, GEORGIA- $8,000,000 water infrastructure improvements, Stephens County/City of Toccoa, Georgia.`(81) DAHLONEGA, GEORGIA- $5,000,000 for water infrastructure improvements, Dahlonega, Georgia.`(82) BANKS COUNTY, GEORGIA- $5,000,000 for water infrastructure improvements, Banks County, Georgia.`(83) BERRIEN COUNTY, GEORGIA- $5,000,000 for water infrastructure improvements, Berrien County, Georgia.`(84) CITY OF EAST POINT, GEORGIA- $5,000,000 for water infrastructure improvements, City of East Point, Georgia.`(85) ARMUCHEE VALLEY: CHATTOOGA, FLOYD, GORDON, WALKER, AND WHITIFIELD COUNTIES, GEORGIA- $10,000,000 for water infrastructure improvements, Armuchee Valley: Chattooga, Floyd, Gordon, Walker, and Whitifield Counties, Georgia.`(86) ATCHISON, KANSAS- $20,000,000 for combined sewer overflows, Atchison, Kansas.`(87) LAFOURCHE PARISH, LOUISIANA- $2,300,000 for measures to prevent the intrusion of saltwater into the freshwater system, Lafourche Parish, Louisiana.`(88) SOUTH CENTRAL PLANNING AND DEVELOPMENT COMMISSION, LOUISIANA- $2,500,000 for water and wastewater improvements, South Central Planning and Development Commission, Louisiana.`(89) RAPIDES AREA PLANNING COMMISSION, LOUISIANA- $1,000,000 for water and wastewater improvements, Rapides, Louisiana.`(90) NORTHWEST LOUISIANA COUNCIL OF GOVERNMENTS, LOUISIANA- $2,000,000 for water and wastewater improvements, Northwest Louisiana Council of Governments, Louisiana.`(91) LAFAYETTE, LOUISIANA- $1,200,000 for water and wastewater improvements, Lafayette, Louisiana.`(92) LAKE CHARLES, LOUISIANA- $1,000,000 for water and wastewater improvements, Lake Charles, Louisiana.`(93) OUACHITA PARISH, LOUISIANA- $1,000,000 water and wastewater improvements, Ouachita Parish, Louisiana.`(94) UNION-LINCOLN REGIONAL WATER SUPPLY PROJECT, LOUISIANA- $2,000,000 for the Union-Lincoln Regional Water Supply project, Louisiana.`(95) CENTRAL LAKE REGION SANITARY DISTRICT, MINNESOTA- $2,000,000 for sanitary sewer and wastewater infrastructure for the Central Lake Region Sanitary District, Minnesota to serve Le Grande and Moe Townships, Minnesota.`(96) GOODVIEW, MINNESOTA- $3,000,000 for water quality infrastructure, Goodview, Minnesota.`(97) GRAND RAPIDS, MINNESOTA- $5,000,000 for wastewater infrastructure, Grand Rapids, Minnesota.`(98) WILLMAR, MINNESOTA- $15,000,000 for wastewater infrastructure, Willmar, Minnesota.`(99) CITY OF CORINTH, MISSISSIPPI- $7,500,000 for a surface water program, Corinth, Mississippi.`(100) CLEAN WATER COALITION, NEVADA- $20,000,000 for the Systems Conveyance and Operations Program, Clark County, Henderson, Las Vegas, and North Las Vegas, Nevada.`(101) TOWN OF MOORESVILLE, NORTH CAROLINA- $4,000,000 for water and wastewater infrastructure improvements, Mooresville, North Carolina.`(102) CITY OF WINSTON-SALEM, NORTH CAROLINA- $3,000,000 for storm water upgrades, Winston-Salem, North Carolina.`(103) NEUSE REGIONAL WATER AND SEWER AUTHORITY, NORTH CAROLINA- $4,000,000 for the Neuse regional drinking water facility, Neuse, North Carolina.`(104) TOWN OF CARY/WAKE COUNTY, NORTH CAROLINA- $4,000,000 for a water reclamation facility, Cary, North Carolina.`(105) CITY OF FAYETTEVILLE, NORTH CAROLINA- $6,000,000 for water and sewer upgrades, Fayetteville, North Carolina.`(106) WASHINGTON COUNTY, NORTH CAROLINA- $1,000,000 for water and wastewater infrastructure, Washington County, North Carolina.`(107) CITY OF CHARLOTTE, NORTH CAROLINA- $3,000,000 for the Briar Creek Relief Sewer project, Charlotte, North Carolina.`(108) CITY OF ADA, OKLAHOMA- $1,700,000 for sewer improvements and other water infrastructure, City Of Ada, Oklahoma.`(109) NORMAN, OKLAHOMA- $10,000,000 for carrying out the Waste Water Master Plan and water related infrastructure, Norman, Oklahoma.`(110) EASTERN OKLAHOMA STATE UNIVERSITY, WILBERTON, OKLAHOMA- $1,000,000 for sewer and utility upgrades and water related infrastructure, Eastern Oklahoma State University, Wilberton, Oklahoma.`(111) CITY OF WEATHERFORD, OKLAHOMA- $500,000 for arsenic program and water related infrastructure, City of Weatherford, Oklahoma.`(112) CITY OF BETHANY, OKLAHOMA- $1,500,000 for water improvements and water related infrastructure, City of Bethany, Oklahoma.`(113) WOODWARD, OKLAHOMA- $1,500,000 for water improvements and water related infrastructure, Woodward, Oklahoma.`(114) CITY OF DISNEY AND LANGLEY, OKLAHOMA- $2,500,000 for water and sewer improvements and water related infrastructure, City of Disney and Langley, Oklahoma.`(115) CITY OF DURANT, OKLAHOMA- $3,300,000 for bayou restoration and water related infrastructure, City of Durant, Oklahoma.`(116) CITY OF MIDWEST CITY, OKLAHOMA- $2,000,000 for improvements to water related infrastructure, City of Midwest City, Oklahoma.`(117) CITY OF ARDMORE, OKLAHOMA- $1,900,000 for water and sewer infrastructure improvements, City of Ardmore, Oklahoma.`(118) CITY OF GUYMON, OKLAHOMA- $16,000,000 for water related waste water treatment related infrastructure projects.`(119) LUGERT-ALTUS IRRIGATION DISTRICT, ALTUS, OKLAHOMA- $5,000,000 for water related infrastructure improvement project.`(120) CITY OF CHICKASHA, OKLAHOMA- $650,000 for industrial park sewer infrastructure project.`(121) OKLAHOMA PANHANDLE STATE UNIVERSITY, GUYMON, OKLAHOMA- $275,000 for water testing facility and water related infrastructure development.`(122) CITY OF BARTLESVILLE, OKLAHOMA- $2,500,000 for waterline transport infrastructure project.`(123) CITY OF KONAWA, OKLAHOMA- $500,000 for water treatment infrastructure improvements.`(124) CITY OF MUSTANG, OKLAHOMA- $3,325,000 for water improvements and water related infrastructure.`(125) CITY OF ALVA, OKLAHOMA- $250,000 for waste water improvement infrastructure.`(126) VINTON COUNTY, OHIO- $1,000,000 to construct water lines in Vinton and Brown Townships, Ohio.`(127) BURR OAK REGIONAL WATER DISTRICT, OHIO- $4,000,000 for construction of a water line to extend from a well field near Chauncey, Ohio, to a water treatment plant near Millfield, Ohio.`(128) FREMONT, OHIO- $2,000,000 for construction of off-stream water supply reservoir, Fremont, Ohio.`(129) FOSTORIA, OHIO- $2,000,000 for wastewater infrastructure, Fostoria, Ohio.`(130) DEFIANCE COUNTY, OHIO- $1,000,000 for wastewater infrastructure, Defiance County, Ohio.`(131) AKRON, OHIO- $5,000,000 for wastewater infrastructure, Akron, Ohio`(132) MEIGS COUNTY, OHIO- $1,000,000 to extend the Tupper Plains Regional Water District water line to Lebanon Township, Ohio.`(133) CITY OF CLEVELAND, OHIO- $2,500,000 for Flats East Bank water and wastewater infrastructure, Cleveland, Ohio.`(134) CINCINNATI, OHIO- $1,000,000 for wastewater infrastructure, Cincinnati, Ohio.`(135) DAYTON, OHIO- $1,000,000 for water and wastewater infrastructure, Dayton, Ohio.`(136) LAWRENCE COUNTY, OHIO- $5,000,000 for Union Rome wastewater infrastructure, Lawrence County, Ohio.`(137) CITY OF COLUMBUS, OHIO- $4,500,000 for wastewater infrastructure, Columbus, Ohio.`(138) BEAVER CREEK RESERVOIR, PENNSYLVANIA- $3,000,000 for projects for water supply and related activities, Beaver Creek Reservoir, Clarion County, Beaver and Salem Townships, Pennsylvania.`(139) MYRTLE BEACH, SOUTH CAROLINA- $10,000,000 for environmental infrastructure, including ocean outfalls, Myrtle Beach, South Carolina.`(140) CHARLESTON AND WEST ASHLEY, SOUTH CAROLINA- $6,000,000 for wastewater tunnel replacement, Charleston and West Ashley, South Carolina.`(141) CHARLESTON, SOUTH CAROLINA- $3,000,000 for stormwater control measures and storm sewer improvements, Spring Street/Fishburne Street drainage project, Charleston, South Carolina.`(142) NORTH MYRTLE BEACH, SOUTH CAROLINA- $3,000,000 for environmental infrastructure, including ocean outfalls, North Myrtle Beach, South Carolina.`(143) SURFSIDE, SOUTH CAROLINA- $3,000,000 for environmental infrastructure, including stormwater system improvementwith respect to the study to be conducted under subsection (a)(1), provide guidance to the Secretary and any affected Federal agency, State agency, or Indian tribe; andCommentsClose CommentsPermalink
(B) provide guidance to the Secretary with respect to the Missouri River recovery and mitigation plan in existence on the date of enactment of this Act, including recommendations relating to--CommentsClose CommentsPermalink
(i) changes to the implementation strategy from the use of adaptive management;CommentsClose CommentsPermalink
(ii) coordination of the development of consistent policies, strategies, plans, programs, projects, activities, and priorities for the Missouri River recovery and mitigation plan;CommentsClose CommentsPermalink
(iii) exchange of information regarding programs, projects, and activities of the agencies and entities represented on the Committee to promote the goals of the Missouri River recovery and mitigation plan;CommentsClose CommentsPermalink
(iv) establishment of such working groups as the Committee determines to be necessary to assist in carrying out the duties of the Committee, including duties relating to public policy and scientific issues;CommentsClose CommentsPermalink
(v) facilitating the resolution of interagency and intergovernmental conflicts between entities represented on the Committee associated with the Missouri River recovery and mitigation plan;CommentsClose CommentsPermalink
(vi) coordination of scientific and other research associated with the Missouri River recovery and mitigation plan; andCommentsClose CommentsPermalink
(vii) annual preparation of a work plan and associated budget requests.CommentsClose CommentsPermalink
(4) RECOMMENDATIONS AND GUIDANCE- In providing recommendations and ocean outfalls, Surfside, South Carolina.`(144) CHEYENNE RIVER SIOUX RESERVATION (DEWEY AND ZIEBACH COUNTIES) AND PERKINS AND MEADE COUNTIES, SOUTH DAKOTA- $40,000,000 for water related infrastructure, Cheyenne River Sioux Reservation (Dewey and Ziebach counties) and Perkins and Meade Counties, South Dakota.`(145) CITY OF OAK RIDGE, TENNESSEE- $4,000,000 for water supply and wastewater infrastructure, City of Oak Ridge, Tennessee.`(146) NASHVILLE, TENNESSEE- $5,000,000 for water supply and wastewater infrastructure, Nashville, Tennessee.`(147) COUNTIES OF LEWIS, LAWRENCE, AND WAYNE, TENNESSEE- $2,000,000 for water supply and wastewater infrastructure projects in the Counties of Lewis, Lawrence and Wayne, Tennessee.`(148) COUNTY OF GILES, TENNESSEE- $2,000,000 for water supply and wastewater infrastructure projects in the County of Giles, Tennessee.`(149) CITY OF KNOXVILLE, TENNESSEE- $5,000,000 for water supply and wastewater infrastructure projects in the City of Knoxville, Tennessee.`(150) SHELBY COUNTY, TENNESSEE- $4,000,000 for water-related environmental infrastructure projects in County of Shelby, Tennessee.`(151) JOHNSON COUNTY, TENNESSEE- $600,000 for water supply and wastewater infrastructure projects in Johnson County, Tennessee.`(152) PLATEAU UTILITY DISTRICT, MORGAN COUNTY, TENNESSEE- $1,000,000 for water supply and wastewater infrastructure projects in Morgan County, Tennessee.`(153) CITY OF HARROGATE, TENNESSEE- $2,000,000 for water supply and wastewater infrastructure projects in City of Harrogate, Tennessee.`(154) HAMILTON COUNTY, TENNESSEE- $500,000 for water supply and wastewater infrastructure projects in Hamilton County, Tennessee.`(155) GRAINGER COUNTY, TENNESSEE- $1,250,000 for water supply and wastewater infrastructure projects in Grainger County, Tennessee.`(156) CLAIBORNE COUNTY, TENNESSEE- $1,250,000 for water supply and wastewater infrastructure projects in Claiborne County, Tennessee.`(157) BLAINE, TENNESSEE- $500,000 for water supply and wastewater infrastructure projects in Blaine, Tennessee.`(158)guidance from the Committee, the members of the Committee may include dissenting opinions.CommentsClose CommentsPermalink
(5) COMPENSATION; TRAVEL EXPENSES-CommentsClose CommentsPermalink
(A) COMPENSATION- Members of the Committee shall not receive compensation from the Secretary in carrying out the duties of the Committee under this section.CommentsClose CommentsPermalink
(B) TRAVEL EXPENSES- Travel expenses incurred by a member of the Committee in carrying out the duties of the Committee under this section shall not be eligible for Federal reimbursement.CommentsClose CommentsPermalink
(c) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Committee.CommentsClose CommentsPermalink
SEC. 5019. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE, MARYLAND, PENNSYLVANIA, AND VIRGINIA.CommentsClose CommentsPermalink
(a) Ex Officio Member- Notwithstanding section 3001(a) of the 1997 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia (
(1) shall be--CommentsClose CommentsPermalink
(A) the ex officio United States member of the Susquehanna River Basin Compact and the Delaware River Basin Compact; andCommentsClose CommentsPermalink
(B) one of the 3 members appointed by the President under the Potomac River Basin Compact to which consent was given by
(2) shall serve without additional compensation; andCommentsClose CommentsPermalink
(3) may designate an alternate member in accordance with the terms of those compacts.CommentsClose CommentsPermalink
(b) Authorization To Allocate- The Secretary shall allocate funds to the Susquehanna River Basin Commission, Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill the equitable funding requirements of the respective interstate compacts.CommentsClose CommentsPermalink
(c) Water Supply and Conservation Storage, Delaware River Basin-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall enter into an agreement with the Delaware River Basin Commission to provide temporary water supply and conservation storage at the Francis E. Walter Dam, Pennsylvania, for any period during which the Commission has determined that a drought warning or drought emergency exists.CommentsClose CommentsPermalink
(2) LIMITATION- The agreement shall provide that the cost for water supply and conservation storage under paragraph (1) shall not exceed the incremental operating costs associated with providing the storage.CommentsClose CommentsPermalink
(d) Water Supply and Conservation Storage, Susquehanna River Basin-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall enter into an agreement with the Susquehanna River Basin Commission to provide temporary water supply and conservation storage at Federal facilities operated by the Corps of Engineers in the Susquehanna River basin for any period for which the Commission has determined that a drought warning or drought emergency exists.CommentsClose CommentsPermalink
(2) LIMITATION- The agreement shall provide that the cost for water supply and conservation storage under paragraph (1) shall not exceed the incremental operating costs associated with providing the storage.CommentsClose CommentsPermalink
(e) Water Supply and Conservation Storage, Potomac River Basin-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall enter into an agreement with the Interstate Commission on the Potomac River Basin to provide temporary water supply and conservation storage at Federal facilities operated by the Corps of Engineers in the Potomac River basin for any period for which the Commission has determined that a drought warning or drought emergency exists.CommentsClose CommentsPermalink
(2) LIMITATION- The agreement shall provide that the cost for water supply and conservation storage under paragraph (1) shall not exceed the incremental operating costs associated with providing the storage.CommentsClose CommentsPermalink
SEC. 5020. CHESAPEAKE BAY- $30,000,000 for environmental infrastructure projects to benefit the Chesapeake Bay, including the nutrient removal project at the Blue Plains Wastewater Treatment facility in Washington, DC.`(159) ARKANSAS VALLEY CONDUIT, COLORADO- $10,000,000 for the Arkansas Valley Conduit, Colorado.`(160) BOULDER COUNTY, COLORADO- $10,000,000 for water supply infrastructure, Boulder County, Colorado.`(161) PLAINVILLE, CONNECTICUT- $6,280,000 for wastewater treatment, Plainville, Connecticut.`(162) SOUTHINGTON, CONNECTICUT- $9,420,000 for water supply infrastructure, Southington, Connecticut.`(163) NORWALK, CONNECTICUT- $3,000,000 for the Keeler Brook Storm Water Improvement Project, Norwalk, Connecticut.`(164) ENFIELD, CONNECTICUT- $1,000,000 for infiltration and inflow correction, Enfield, Connecticut.`(165) NEW HAVEN, CONNECTICUT- $300,000 for storm water system improvements, New Haven, Connecticut.`(166) MIAMI-DADE COUNTY, FLORIDA- $6,250,000 for water reuse supply and a water transmission pipeline, Miami-Dade County, Florida.`(167) HILLSBOROUGH COUNTY, FLORIDA- $6,250,000 for water infrastructure and supply enhancement, Hillsborough County, Florida.`(168) PALM BEACH COUNTY, FLORIDA- $7,500,000 for water infrastructure, Palm Beach County, Florida.`(169) ENVIRONMENTAL RESTORATION AND PROTECTION PROGRAM.CommentsClose CommentsPermalink
(a) Form of Assistance- Section 510(a)(2) of the Water Resources Development Act of 1996 (110 Stat. 3759) is amended by striking `, and beneficial uses of dredged material' and inserting `, beneficial uses of dredged material, and restoration of submerged aquatic vegetation'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 510(i) of such Act (110 Stat. 3761) is amended by striking `$10,000,000' and inserting `$40,000,000'.CommentsClose CommentsPermalink
SEC. 5021. CHESAPEAKE BAY REGION, MARYLAND AND VIRGINIA- $40,000,000 for water pollution control projects, Chesapeake Bay Region, Maryland and Virginia.`(170) MICHIGAN COMBINED SEWER OVERFLOWS- $35,000,000 for correction of combined sewer overflows, Michigan.`(171) MIDDLETOWN TOWNSHIP, NEW JERSEY- $1,100,000 for storm sewer improvements, Middletown Township, New Jersey.`(172) RAHWAY VALLEY, NEW JERSEY- $25,000,000 for sanitary sewer and storm sewer improvements in the service area of the Rahway Valley Sewerage Authority, New Jersey.`(173) CRANFORD TOWNSHIP, NEW JERSEY- $6,000,000 for storm sewer improvements in Cranford Township, New Jersey.`(174) YATES COUNTY, NEW YORK- $5,000,000 for drinking water infrastructure, Yates County, New York.`(175) VILLAGE OF PATCHOGUE, NEW YORK- $5,000,000 for wastewater infrastructure, Village of Patchogue, New York.`(176) ELMIRA, NEW YORK- $5,000,000 for wastewater infrastructure, Elmira, New York.`(177) ESSEX HAMLET, NEW YORK- $5,000,000 for wastewater infrastructure, Essex Hamlet, New York.`(178) NIAGARA FALLS, NEW YORK- $5,000,000 for wastewater infrastructure, Niagara Falls, New York.`(179) VILLAGE OF BABYLON, NEW YORK- $5,000,000 for wastewater infrastructure, Village of Babylon, New York.`(180) FLEMING, NEW YORK- $5,000,000 for drinking water infrastructure, Fleming, New York.`(181) VILLAGE OF KYRIAS-JOEL, NEW YORK- $5,000,000 for drinking water infrastructure, Village of Kyrias-Joel, New York.`(182) DEVILS LAKE, NORTH DAKOTA- $15,000,000 for water supply infrastructure, Devils Lake, North Dakota.`(183) NORTH DAKOTA- $15,000,000 for water-related infrastructure, North Dakota.`(184) CLARK COUNTY, NEVADA- $50,000,000 for wastewater infrastructure, Clark County, Nevada.`(185) WASHOE COUNTY, NEVADA- $14,000,000 for construction of water infrastructure improvements to the Huffaker Hills Reservoir Conservation Project, Washoe County, Nevada.`(186) GLENDALE DAM DIVERSION STRUCTURE, NEVADA- $10,000,000 for water system improvements to the Glendale Dam Diversion Structure for the Truckee Meadows Water Authority, Nevada.`(187) RENO, NEVADA- $13,000,000 for construction of a water conservation project for the Highland Canal, Mogul Bypass in Reno, Nevada.`(188) LOS ANGELES COUNTY, CALIFORNIA- $12,000,000 for the planning, design and construction of water-related environmental infrastructureOYSTER RESTORATION, VIRGINIA AND MARYLAND.CommentsClose CommentsPermalink
Section 704(b) of the Water Resources Development Act of 1986 (
(1) by redesignating paragraph (2) as paragraph (4);CommentsClose CommentsPermalink
(2) in paragraph (1)--CommentsClose CommentsPermalink
(A) in the second sentence by striking `$30,000,000' and inserting `$50,000,000'; andCommentsClose CommentsPermalink
(B) in the third sentence by striking `Such projects' and inserting the following:CommentsClose CommentsPermalink
`(2) INCLUSIONS- Such projects';CommentsClose CommentsPermalink
(3) by striking paragraph (2)(D) (as redesignated by paragraph (2)(B) of this subsection) and inserting the following:CommentsClose CommentsPermalink
`(D) the restoration and rehabilitation of habitat for Santa Monica Bay and the coastal zone of Los Angeles County, California.`(189) MONTEBELLO, CALIFORNIA- $4,000,000 for water infrastructure improvements in south Montebello, California.`(190) LA MIRADA, CALIFORNIA- $4,000,000 for the planning, design, and construction of a stormwater program in La Mirada, California.`(191) EAST PALO ALTO, CALIFORNIA- $4,000,000 for a new pump station and stormwater management and drainage system, East Palo Alto, California.`(192) PORT OF STOCKTON, STOCKTON, CALIFORNIA- $3,000,000 for water and wastewater infrastructure projects for Rough and Ready Island and vicinity, Stockton, California.`(193) PERRIS, CALIFORNIA- $3,000,000 project for recycled water transmission infrastructure, Eastern Municipal Water District, Perris, California.`(194) AMADOR COUNTY, CALIFORNIA- $3,000,000 for wastewater collection and treatment, Amador County, California.`(195) CALAVERAS COUNTY, CALIFORNIA- $3,000,000 for water supply and wastewater improvement projects in Calaveras County, California, including wastewater reclamation, recycling, and conjunctive use projects.`(196) SANTA MONICA, CALIFORNIA- $3,000,000 for improving water system reliability, Santa Monica, California.`(197) MALIBU, CALIFORNIA- $3,000,000 for municipal waste water and recycled water, Malibu Creek Watershed Protection Project, Malibu, California.`(198) EASTERN UNITED STATES- $29,450,000 for water supply and wastewater infrastructurfish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland, including--CommentsClose CommentsPermalink
`(i) the construction of oyster bars and reefs;CommentsClose CommentsPermalink
`(ii) the rehabilitation of existing marginal habitat;CommentsClose CommentsPermalink
`(iii) the use of appropriate alternative substrate material in oyster bar and reef construction;CommentsClose CommentsPermalink
`(iv) the construction and upgrading of oyster hatcheries; andCommentsClose CommentsPermalink
`(v) activities relating to increasing the output of native oyster broodstock for seeding and monitoring of restored sites to ensure ecological success.CommentsClose CommentsPermalink
`(3) RESTORATION AND REHABILITATION ACTIVITIES- The restoration and rehabilitation activities described in paragraph (2)(D) shall be--CommentsClose CommentsPermalink
`(A) for the purpose of establishing permanent sanctuaries and harvest management areas; andCommentsClose CommentsPermalink
`(B) consistent with plans and strategies for guiding the restoration of the Chesapeake Bay oyster resource and fishery.'; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(5) DEFINITION OF ECOLOGICAL SUCCESS- In this subsection, the term `ecological success' means--CommentsClose CommentsPermalink
`(A) achieving a tenfold increase in native oyster biomass by the year 2010, from a 1994 baseline; andCommentsClose CommentsPermalink
`(B) the establishment of a sustainable fishery as determined by a broad scientific and economic consensus.'.CommentsClose CommentsPermalink
SEC. 5022. HYPOXIA ASSESSMENT.CommentsClose CommentsPermalink
The Secretary may participate with Federal, State, and local agencies, non-Federal and nonprofit entities, regional researchers, and other interested parties to assess hypoxia in the Gulf of Mexico.CommentsClose CommentsPermalink
SEC. 5023. POTOMAC RIVER WATERSHED ASSESSMENT AND TRIBUTARY STRATEGY EVALUATION AND MONITORING PROGRAM.CommentsClose CommentsPermalink
The Secretary may participate in the Eastern United States.`(199) WESTERN UNITED STATES- $29,450,000 for water supply and wastewater infrastructurPotomac River watershed assessment and tributary strategy evaluation and monitoring program to identify a series of resource management indicators to accurately monitor the effectiveness of the implementation of the agreed upon tributary strategies and other public policies that pertain to natural resource protection of the Potomac River watershed.CommentsClose CommentsPermalink
SEC. 5024. LOCK AND DAM SECURITY.CommentsClose CommentsPermalink
(a) Standards- The Secretary, in consultation with the Federal Emergency Management Agency, the Tennessee Valley Authority, and the Coast Guard, shall develop standards for the security of locks and dams, including the testing and certification of vessel exclusion barriers.CommentsClose CommentsPermalink
(b) Site Surveys- At the request of a lock or dam owner, the Secretary shall provide technical assistance, on a reimbursable basis, to improve lock or dam security.CommentsClose CommentsPermalink
(c) Cooperative Agreement- The Secretary may enter into a cooperative agreement with a nonprofit alliance of public and private organizations that has the mission of promoting safe waterways and seaports to carry out testing and certification activities, and to perform site surveys, under this section.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated $3,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5025. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND SNAKE RIVER SALMON SURVIVAL.CommentsClose CommentsPermalink
Section 511 of the Water Resources Development Act of 1996 (
(1) in subsection (a)(6) by striking `$10,000,000' and inserting `$25,000,000'; andCommentsClose CommentsPermalink
(2) in subsection (c)(2) by striking `$1,000,000' and inserting `$10,000,000'.CommentsClose CommentsPermalink
SEC. 5026. WAGE SURVEYS.CommentsClose CommentsPermalink
Employees of the Corps of Engineers who are paid wages determined under the last undesignated paragraph under the heading `Administrative Provisions' of chapter V of the Supplemental Appropriations Act, 1982 (
SEC. 5027. REHABILITATION.CommentsClose CommentsPermalink
The Secretary, at Federal expense and in an amount not to exceed $1,000,000, shall rehabilitate and improve the water-related infrastructure and the transportation infrastructure for the historic property in the Anacostia River watershed located in the District of Columbia, including measures to address wet weather conditions. To carry out this section, the Secretary shall accept funds provided for such project under any other Federal program.CommentsClose CommentsPermalink
SEC. 5028. AUBURN, ALABAMA.CommentsClose CommentsPermalink
The Secretary may provide technical assistance relating to water supply to Auburn, Alabama. There is authorized to be appropriated $5,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5029. PINHOOK CREEK, HUNTSVILLE, ALABAMA.CommentsClose CommentsPermalink
(a) Project Authorization- The Secretary shall design and construct the locally preferred plan for flood protection at Pinhook Creek, Huntsville, Alabama. In carrying out the project, the Secretary shall utilize, to the extent practicable, the existing detailed project report for the project prepared under the authority of section 205 of the Flood Control Act of 1948 (
(b) Participation by Non-Federal Interest- The Secretary shall allow the non-Federal interest to participate in the Western United States.'.SEC. 5004financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184) if the detailed project report evaluation indicates that applying such section is necessary to implement the project.CommentsClose CommentsPermalink
(c) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 5030. ALASKA.CommentsClose CommentsPermalink
Section 570(h) of the Water Resources Development Act of 1999 (113 Stat. 369) is amended by striking `25,000,000' and inserting `40,000,000'.SEC. 5005. CALIFORNI--CommentsClose CommentsPermalink
(1) in subsection (c) by inserting `environmental restoration,' after `water supply and related facilities,';CommentsClose CommentsPermalink
(2) in subsection (e)(3)(B) by striking the last sentence;CommentsClose CommentsPermalink
(3) in subsection (h) by striking `$25,000,000' and inserting `$45,000,000'; andCommentsClose CommentsPermalink
(4) by adding at the end the following:CommentsClose CommentsPermalink
`(i) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
`(j) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.'.CommentsClose CommentsPermalink
SEC. 5031. BARROW, ALASKA.CommentsClose CommentsPermalink
The Secretary shall carry out, under section 117 of the Energy and Water Development Appropriations Act, 2005 (118 Stat. 2944), a nonstructural project for coastal erosion and storm damage prevention and reduction at Barrow, Alaska, including relocation of infrastructure.CommentsClose CommentsPermalink
SEC. 5032. LOWELL CREEK TUNNEL, SEWARD, ALASKA.CommentsClose CommentsPermalink
(a) Long-Term Maintenance and Repair-CommentsClose CommentsPermalink
(1) MAINTENANCE AND REPAIR- The Secretary shall assume responsibility for the long-term maintenance and repair of the Lowell Creek tunnel, Seward, Alaska.CommentsClose CommentsPermalink
(2) DURATION OF RESPONSIBILITIES- The responsibility of the Secretary for long-term maintenance and repair of the tunnel shall continue until an alternative method of flood diversion is constructed and operational under this section, or 15 years after the date of enactment of this Act, whichever is earlier.CommentsClose CommentsPermalink
(b) Study- The Secretary shall conduct a study to determine whether an alternative method of flood diversion in Lowell Canyon is feasible.CommentsClose CommentsPermalink
(c) Construction-CommentsClose CommentsPermalink
(1) ALTERNATIVE METHODS- If the Secretary determines under the study conducted under subsection (b) that an alternative method of flood diversion in Lowell Canyon is feasible, the Secretary shall carry out the alternative method.CommentsClose CommentsPermalink
(2) FEDERAL SHARE- The Federal share of the cost of carrying out an alternative method under paragraph (1) shall be the same as the Federal share of the cost of the construction of the Lowell Creek tunnel.CommentsClose CommentsPermalink
SEC. 5033. ST. HERMAN AND ST. PAUL HARBORS, KODIAK, ALASKA.CommentsClose CommentsPermalink
The Secretary shall carry out, on an emergency basis, necessary removal of rubble, sediment, and rock impeding the entrance to the St. Herman and St. Paul Harbors, Kodiak, Alaska, at a Federal cost of $2,000,000.CommentsClose CommentsPermalink
SEC. 5034. TANANA RIVER, ALASKA.CommentsClose CommentsPermalink
The Secretary shall carry out, on an emergency basis, the removal of the hazard to navigation on the Tanana River, Alaska, near the mouth of the Chena River, as described in the January 3, 2005, memorandum from the Commander, Seventeenth Coast Guard District, to the Corps of Engineers, Alaska District, Anchorage, Alaska.CommentsClose CommentsPermalink
SEC. 5035. WRANGELL HARBOR, ALASKA.CommentsClose CommentsPermalink
(a) General Navigation Features- In carrying out the project for navigation, Wrangell Harbor, Alaska, authorized by section 101(b)(1) of the Water Resources Development Act of 1999 (113 Stat. 279), the Secretary shall consider the dredging of the mooring basin and construction of the inner harbor facilities to be general navigation features for purposes of estimating the non-Federal share of project costs.CommentsClose CommentsPermalink
(b) Revision of Partnership Agreement- The Secretary shall revise the partnership agreement for the project to reflect the change required by subsection (a).CommentsClose CommentsPermalink
SEC. 5036. AUGUSTA AND CLARENDON, ARKANSAS.CommentsClose CommentsPermalink
(a) In General- The Secretary may carry out rehabilitation of authorized and completed levees on the White River between Augusta and Clarendon, Arkansas, at a total estimated cost of $8,000,000, with an estimated Federal cost of $5,200,000 and an estimated non-Federal cost of $2,800,000.CommentsClose CommentsPermalink
(b) Reimbursement- After performing the rehabilitation under subsection (a), the Secretary shall seek reimbursement from the Secretary of the Interior of an amount equal to the costs allocated to benefits to a Federal wildlife refuge of such rehabilitation.CommentsClose CommentsPermalink
SEC. 5037. DES ARC LEVEE PROTECTION, ARKANSAS.CommentsClose CommentsPermalink
The Secretary shall review the project for flood control, Des Arc, Arkansas, to determine whether bank and channel scour along the White River threaten the existing project and whether the scour is a result of a design deficiency. If the Secretary determines that such conditions exist as a result of a deficiency, the Secretary shall carry out measures to eliminate the deficiency.CommentsClose CommentsPermalink
SEC. 5038. LOOMIS LANDING, ARKANSAS.CommentsClose CommentsPermalink
The Secretary shall conduct a study of shore damage in the vicinity of Loomis Landing, Arkansas, to determine if the damage is the result of a Federal navigation project, and, if the Secretary determines that the damage is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the damage under section 111 of the River and Harbor Act of 1968 (
SEC. 5039. CALIFORNIA.CommentsClose CommentsPermalink
(a) Establishment of Program- The Secretary may establish a program to provide environmental assistance to non-Federal interests in California.CommentsClose CommentsPermalink
(b) Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in California, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.CommentsClose CommentsPermalink
(c) Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(d) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each partnership agreement for a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of thea project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR DESIGN WORK- The non-Federal interest shall receive credit for the reasonable costs of design work on a project completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for aWORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of the costs of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project costs.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly- owned or -controlled land), but the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(e) Applicability of Other Federal and State Laws- Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.(f)shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(f) Nonprofit Entity- Notwithstanding section 221ies- In accordance with section 221(b) of the Flood Control Act of 1970 (
(g) Expenses of Corps of Engineers- Not more than 10 percent of amounts made available to carry out this section may be used by the Corps of Engineers district Corps of Engineers Expenses- Not more than 10 percent of amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000.SEC. 5006. CONVEYANCE OF OAKLAND INNER HARBOR TIDAL CANAL PROPERTY.Section 205 of the Water Resources Development Act of 1990 (104 Stat. 4633; 110 Stat. 3748) is amended to read as follows:`40,000,000.CommentsClose CommentsPermalink
SEC. 205. CONVEYANCE OF OAKLAND INNER HARBOR TIDAL CANAL PROPERTY.`(a) In General- The Secretary may convey, without consideration, by separate quitclaim deeds, as soon as the conveyance of each individual portion is practicable, the title of the United States in and to all or portions of the approximately 86 acres of upland, tideland, and submerged land, commonly referred to as the `Oakland Inner Harbor Tidal Canal,', California (referred to in this section as the `Canal Property'), as follows:`(1) To the City of Oakland, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the City of Oakland.`(2) To the City of Alameda, or to an entity created by or designated by the City of Alameda that is eligible to hold title to real property, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the City of Alameda.`(3) To the adjacent land owners, or to an entity created by or designated by 1 or more of the adjacent landowners that is eligible to hold title to real property, the title of the United States in and to all or portions of that part of the Canal Property that are located within the boundaries of the city in which the adjacent land owners reside.`(b) Requirements-`(1) RESERVATIONS- The Secretary may reserve and retain from any conveyance under this section a right-of-way or other rights as the Secretary determines to be necessary for the operation and maintenance of the authorized Federal channel in the Canal Property.`(2) COST- The conveyances under this section, and the processes involved in the conveyances, shall be at no cost to the United States, except for administrative costs.`(c) Annual Reports- Until the date on which each conveyance described in subsection (a) is complete, the Secretary shall submit, by not later than 60 days after the end of each fiscal year, to the Committee on Environment and Public Works of the Senate and Committee on Transportation and Infrastructure of the House of Representatives an annual report that describes the efforts of the Secretary to complete the conveyances during the preceding fiscal year.'.SEC. 5007.5040. CALAVERAS RIVER AND LITTLEJOHN CREEK AND TRIBUTARIES, STOCKTON, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- Unless the Secretary determines, by not later than 30 days after the date of enactment of this Act, that the relocation of the project described in subsection (bortion of the project described in subsection (b)(2) would be injurious to the public interest, a non-Federal interest may reconstruct and relocate that portion of the project approximately 300 feet in a westerly direction.CommentsClose CommentsPermalink
(b) Project Description-CommentsClose CommentsPermalink
(1) IN GENERAL- The project referred to in subsection (a) is the project for flood control, Calaveras River and Littlejohn Creek and tributaries, California, authorized by section 10 of the Flood Control Act of December 22, 1944 (commonly known as the `Flood Control Act of 1944') (58 Stat. 902).CommentsClose CommentsPermalink
(2) SPECIFIC DESCRIPTION- The portion of the project to be reconstructed and relocated is that portion consisting of approximately 5.34 acres of dry land levee beginning at a point N. 2203542.3167, E. 6310930.1385, thence running west about 59.99 feet to a point N. 2203544.6562, E. 6310870.1468, thence running south about 3,874.99 feet to a point N. 2199669.8760, E. 6310861.7956, thence running east about 60.00 feet to a point N. 2199668.8026, E. 6310921.7900, thence running north about 3,873.73 feet to the point of origin.CommentsClose CommentsPermalink
(c) Cost Sharing- The non-Federal share of the cost of reconstructing and relocating the projectortion of the project described in subsection (b)(2) shall be 100 percent.CommentsClose CommentsPermalink
SEC. 5041. CAMBRIA, CALIFORNIA.CommentsClose CommentsPermalink
Section 219(f)(48) of the Water Resources Development Act of 1992 (114 Stat. 2763A-220) is amended--CommentsClose CommentsPermalink
(1) by striking `$10,300,000' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- $10,300,000';CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(B) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(3) by aligning the remainder of the text of subparagraph (A) (as designated by paragraph (1) of this section) with subparagraph (B) (as added by paragraph (2) of this section).CommentsClose CommentsPermalink
SEC. 5042. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN, CALIFORNIA; MALLARD SLOUGH, PITTSBURG, CALIFORNIA.CommentsClose CommentsPermalink
Sections 512 and 514 of the Water Resources Development Act of 2000 (114 Stat. 2650) are each amended by adding at the end the following: `All planning, study, design, and construction on the project shall be carried out by the office of the district engineer, San Francisco, California.'.CommentsClose CommentsPermalink
SEC. 5043. DANA POINT HARBOR, CALIFORNIA.CommentsClose CommentsPermalink
The Secretary shall conduct a study of the causes of water quality degradation within Dana Point Harbor, California, to determine if the degradation is the result of a Federal navigation project, and, if the Secretary determines that the degradation is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the degradation at Federal expense.CommentsClose CommentsPermalink
SEC. 5044. EAST SAN JOAQUIN COUNTY, CALIFORNIA.CommentsClose CommentsPermalink
Section 219(f)(22) of the Water Resources Development Act of 1992 (113 Stat. 336) is amended--CommentsClose CommentsPermalink
(1) by striking `$25,000,000' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- $25,000,000';CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(B) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
`(C) IN-KIND CONTRIBUTIONS- The non-Federal interest may provide any portion of the non-Federal share of the cost of the project in the form of in-kind services and materials.'; andCommentsClose CommentsPermalink
(3) by aligning the remainder of the text of subparagraph (A) (as designated by paragraph (1) of this section) with subparagraph (B) (as added by paragraph (2) of this section).CommentsClose CommentsPermalink
SEC. 5045. EASTERN SANTA CLARA BASIN, CALIFORNIA.CommentsClose CommentsPermalink
Section 111(c) of the Miscellaneous Appropriations Act, 2001 (as enacted into law by
(1) by striking `$25,000,000' and inserting `$28,000,000'; andCommentsClose CommentsPermalink
(2) by striking `$7,000,000' and inserting `$10,000,000'.CommentsClose CommentsPermalink
SEC. 5046. LA-3 DREDGED MATERIAL OCEAN DISPOSAL SITE DESIGNATION, CALIFORNIA.CommentsClose CommentsPermalink
The third sentence of section 102(c)(4) of the Marine Protection, Research, and Sanctuaries Act of 1972 (
SEC. 5047. LANCASTER, CALIFORNIA.CommentsClose CommentsPermalink
Section 219(f)(50) of the Water Resources Development Act of 1992 (114 Stat. 2763A-220) is amended--CommentsClose CommentsPermalink
(1) by inserting after `water' the following: `and wastewater'; andCommentsClose CommentsPermalink
(2) by striking `$14,500,000' and inserting `$24,500,000'.CommentsClose CommentsPermalink
SEC. 5048. LOS OSOS, CALIFORNIA.CommentsClose CommentsPermalink
Section 219(c)(27) of the Water Resources Development Act of 1992 (114 Stat. 2763A-219) is amended to read as follows:CommentsClose CommentsPermalink
`(27) LOS OSOS, CALIFORNIA- Wastewater infrastructure, Los Osos, California.'.CommentsClose CommentsPermalink
SEC. 5049. PINE FLAT DAM FISH AND WILDLIFE HABITAT, CALIFORNIA.CommentsClose CommentsPermalink
(a) Cooperative Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall participate with appropriate State and local agencies in the implementation of a cooperative program to improve and manage fisheries and aquatic habitat conditions in Pine Flat Reservoir and in the 14-mile reach of the Kings River immediately below Pine Flat Dam, California, in a manner that--CommentsClose CommentsPermalink
(A) provides for long-term aquatic resource enhancement; andCommentsClose CommentsPermalink
(B) avoids adverse effects on water storage and water rights holders.CommentsClose CommentsPermalink
(2) GOALS AND PRINCIPLES- The cooperative program described in paragraph (1) shall be carried out--CommentsClose CommentsPermalink
(A) substantially in accordance with the goals and principles of the document entitled `Kings River Fisheries Management Program Framework Agreement' and dated May 29, 1999, between the California department of fish and game and the Kings River Water Association and the Kings River Conservation District; andCommentsClose CommentsPermalink
(B) in cooperation with the parties to that agreement.CommentsClose CommentsPermalink
(b) Participation by Secretary-CommentsClose CommentsPermalink
(1) IN GENERAL- In furtherance of the goals of the agreement described in subsection (a)(2), the Secretary shall participate in the planning, design, and construction of projects and pilot projects on the Kings River and its tributaries to enhance aquatic habitat and water availability for fisheries purposes (including maintenance of a trout fishery) in accordance with flood control operations, water rights, and beneficial uses in existence as of the date of enactment of this Act.CommentsClose CommentsPermalink
(2) PROJECTS- Projects referred to in paragraph (1) may include--CommentsClose CommentsPermalink
(A) projects to construct or improve pumping, conveyance, and storage facilities to enhance water transfers; andCommentsClose CommentsPermalink
(B) projects to carry out water exchanges and create opportunities to use floodwater within and downstream of Pine Flat Reservoir.CommentsClose CommentsPermalink
(c) No Authorization of Certain Dam-Related Projects- Nothing in this section shall be construed to authorize any project for the raising of Pine Flat Dam or the construction of a multilevel intake structure at Pine Flat Dam.CommentsClose CommentsPermalink
(d) Use of Existing Studies- In carrying out this section, the Secretary shall use, to the maximum extent practicable, studies in existence on the date of enactment of this Act, including data and environmental documentation in the document entitled `Final Feasibility Report and Report of the Chief of Engineers for Pine Flat Dam Fish and Wildlife Habitat Restoration' and dated July 19, 2002.CommentsClose CommentsPermalink
(e) Credit for Land, Easements, and Rights-of-Way- The Secretary shall credit toward the non-Federal share of the cost of construction of any project under subsection (b) the value, regardless of the date of acquisition, of any land, easements, rights-of-way, dredged material disposal areas, or relocations provided by the non-Federal interest for use in carrying out the project.CommentsClose CommentsPermalink
(f) Operation and Maintenance- The operation, maintenance, repair, rehabilitation, and replacement of projects carried out under this section shall be a non-Federal responsibility.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000. Such sums shall remain available until expended.CommentsClose CommentsPermalink
SEC. 5050. RAYMOND BASIN, SIX BASINS, CHINO BASIN, AND SAN GABRIEL BASIN, CALIFORNIA.CommentsClose CommentsPermalink
(a) Comprehensive Plan- The Secretary, in consultation and coordination with appropriate Federal, State, and local entities, shall develop a comprehensive plan for the management of water resources in the Raymond Basin, Six Basins, Chino Basin, and San Gabriel Basin, California. The Secretary may carry out activities identified in the comprehensive plan to demonstrate practicable alternatives for water resources management.CommentsClose CommentsPermalink
(b) Operation and Maintenance- The non-Federal share of the cost of operation and maintenance of any measures constructed under this section shall be 100 percent.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $5,000,000.CommentsClose CommentsPermalink
SEC. 5051. SAN FRANCISCO, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary, in cooperation with the Port of San Francisco, California, may carry out the project for repair and removal, as appropriate, of Piers 30-32, 35, 36, 70 (including Wharves 7 and 8), and 80 in San Francisco, California, substantially in accordance with the Port's redevelopment plan.CommentsClose CommentsPermalink
(b) Authorization of Appropriation- There is authorized to be appropriated $25,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5052. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.CommentsClose CommentsPermalink
(a) Area to Be Declared Nonnavigable; Public Interest- Unless the Secretary finds, after consultation with local and regional public officials (including local and regional public planning organizations), that the proposed projects to be undertaken within the boundaries of the portion of the San Francisco, California, waterfront area described in subsection (b) shall be 100 percent.SEC. 5008are not in the public interest, such portion is declared to be nonnavigable waters of the United States.CommentsClose CommentsPermalink
(b) Northern Embarcadero South of Bryant Street- The portion of the San Francisco, California, waterfront area referred to in subsection (a) is as follows: Beginning at the intersection of the northeasterly prolongation of that portion of the northwesterly line of Bryant Street lying between Beale Street and Main Street with the southwesterly line of Spear Street, which intersection lies on the line of jurisdiction of the San Francisco Port Commission; following thence southerly along said line of jurisdiction as described in the State of California Harbor and Navigation Code Section 1770, as amended in 1961, to its intersection with the southeasterly line of Townsend Street; thence northeasterly along said southeasterly line of Townsend Street, to its intersection with a line that is parallel and distant 10 feet southerly from the existing southern boundary of Pier 40 produced; thence easterly along said parallel line, to its point of intersection with the United States Government Pierhead line; thence northerly along said Pierhead line to its intersection with a line parallel with, and distant 10 feet easterly from, the existing easterly boundary line of Pier 30-32; thence northerly along said parallel line and its northerly prolongation, to a point of intersection with a line parallel with, and distant 10 feet northerly from, the existing northerly boundary of Pier 30-32; thence westerly along last said parallel line to its intersection with the United States Government Pierhead line; thence northerly along said Pierhead line, to its intersection aforementioned northwesterly line of Bryant Street produced northeasterly; thence southwesterly along said northwesterly line of Bryant Street produced to the point of beginning.CommentsClose CommentsPermalink
(c) Requirement That Area Be Improved- The declaration of nonnavigability under subsection (a) applies only to those parts of the area described in subsection (b) that are or will be bulkheaded, filled, or otherwise occupied by permanent structures and does not affect the applicability of any Federal statute or regulation applicable to such parts the day before the date of enactment of this Act, including sections 9 and 10 of the Act of March 3, 1899 (
(d) Expiration Date- If, 20 years from the date of enactment of this Act, any area or part thereof described in subsection (b) is not bulkheaded or filled or occupied by permanent structures, including marina facilities, in accordance with the requirements set out in subsection (c), or if work in connection with any activity permitted in subsection (c) is not commenced within 5 years after issuance of such permits, then the declaration of nonnavigability for such area or part thereof shall expire.CommentsClose CommentsPermalink
SEC. 5053. SAN PABLO BAY, CALIFORNIA, WATERSHED AND SUISUN MARSH ECOSYSTEM RESTORATION.CommentsClose CommentsPermalink
(a) San Pablo Bay Watershed, California-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall complete work, as expeditiously as possible, on the ongoing San Pablo Bay watershed, California, study to determine the feasibility of opportunities for restoring, preserving, and protecting the San Pablo Bay watershed.CommentsClose CommentsPermalink
(2) REPORT- Not later than March 31, 2008, the Secretary shall submit to Congress a report on the results of the study.CommentsClose CommentsPermalink
(b) Suisun Marsh, California- The Secretary shall conduct a comprehensive study to determine the feasibility of opportunities for restoring, preserving, and protecting the Suisun Marsh, California.CommentsClose CommentsPermalink
(c) San Pablo and Suisun Bay Marsh Watershed Critical Restoration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may participate in critical restoration projects that will produce, consistent with Federal programs, projects, and activities, immediate and substantial ecosystem restoration, preservation, and protection benefits in the following sub-watersheds of the San Pablo and Suisun Bay Marsh watersheds:CommentsClose CommentsPermalink
(A) The tidal areas of the Petaluma River, Napa-Sonoma Marsh.CommentsClose CommentsPermalink
(B) The shoreline of West Contra Costa County.CommentsClose CommentsPermalink
(C) Novato Creek.CommentsClose CommentsPermalink
(D) Suisun Marsh.CommentsClose CommentsPermalink
(E) Gallinas-Miller Creek.CommentsClose CommentsPermalink
(2) TYPES OF ASSISTANCE- Participation in critical restoration projects under this subsection may include assistance for planning, design, or construction.CommentsClose CommentsPermalink
(d) Credit- In accordance with section 221 of the Flood Control Act of 1970 (
(1) the value of any lands, easements, rights-of-way, dredged material disposal areas, or relocations provided by the non-Federal interest for carrying out the project, regardless of the date of acquisition;CommentsClose CommentsPermalink
(2) funds received from the CALFED Bay-Delta program; andCommentsClose CommentsPermalink
(3) the cost of the studies, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $40,000,000.CommentsClose CommentsPermalink
SEC. 5054. ST. HELENA, CALIFORNIA.CommentsClose CommentsPermalink
(a) In General- The Secretary may construct a project for flood control and environmental restoration, St. Helena, California, substantially in accordance with the plan for the St. Helena comprehensive flood protection project dated 2006 and described in the addendum dated June 27, 2006, to the report prepared by the city of St. Helena entitled `City of St. Helena Comprehensive Flood Protection Project, Final Environmental Impact Report', and dated January 2004, if the Secretary determines that the plans and designs for the project are feasible.CommentsClose CommentsPermalink
(b) Cost- The total cost of the project to be constructed pursuant to subsection (a) shall be $30,000,000, with an estimated Federal cost of $19,500,000 and an estimated non-Federal cost of $10,500,000.CommentsClose CommentsPermalink
(c) Reimbursement- The non-Federal interest shall be reimbursed for any work performed by the non-Federal interest for the project described in subsection (a) that is in excess of the required non-Federal contribution toward the total cost of the project, if the Secretary determines that the work is integral to the project.CommentsClose CommentsPermalink
SEC. 5055. UPPER CALAVERAS RIVER, STOCKTON, CALIFORNIA.CommentsClose CommentsPermalink
(a) Reevaluation- The Secretary shall reevaluate the feasibility of the Lower Mosher Slough element and the levee extensions on the Upper Calaveras River element of the project for flood control, Stockton Metropolitan Area, California, carried out under section 211(f)(3) of the Water Resources Development Act of 1996 (110 Stat. 3683), to determine the eligibility of such elements for reimbursement under section 211 of such Act (
(b) Special Rules for Reevaluation- In conducting the reevaluation under subsection (a), the Secretary shall not reject a feasibility determination based on one or more of the policies of the Corps of Engineers concerning the frequency of flooding, the drainage area, and the amount of runoff.CommentsClose CommentsPermalink
(c) Reimbursement- If the Secretary determines that the elements referred to subsection (a) are feasible, the Secretary shall reimburse, subject to appropriations, the non-Federal interest under section 211 of the Water Resources Development Act of 1996 for the Federal share of the cost of such elements.CommentsClose CommentsPermalink
SEC. 5056. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO, NEW MEXICO, AND TEXAS.CommentsClose CommentsPermalink
(a) Short Title- This section may be cited as the `Rio Grande Environmental Management Act of 2007'.(b) Definitions- In this sectionDefinitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
(1) RIO GRANDE COMPACT- The term `Rio Grande Compact' means the compact approved by Congress under the Act of May 31, 1939 (53 Stat. 785, chapter 155), and ratified by the States.CommentsClose CommentsPermalink
(2) RIO GRANDE BASIN- The term `Rio Grande Basin' means the Rio Grande (including all tributaries and their headwaters) located--CommentsClose CommentsPermalink
(A) in the State of Colorado, from the Rio Grande Reservoir, near Creede, Colorado, to the New Mexico State border;CommentsClose CommentsPermalink
(B) in the State of New Mexico, from the Colorado State border downstream to the Texas State border; andCommentsClose CommentsPermalink
(C) in the State of Texas, from the New Mexico State border to the southern terminus of the Rio Grande at the Gulf of Mexico.CommentsClose CommentsPermalink
(3) STATES- The term `States' means the States of Colorado, New Mexico, and Texas.CommentsClose CommentsPermalink
(c) Program Authority- The Secretary b) Program Authority-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall carry out, in the Rio Grande Basin--CommentsClose CommentsPermalink
(1) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement; and(2A) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement; andCommentsClose CommentsPermalink
(B) implementation of a long-term monitoring, computerized data inventory and analysis, applied research, and adaptive management program.CommentsClose CommentsPermalink
(d2) REPORTS- Not later than December 31, 2008, and not later than December 31 of every sixth year thereafter, the Secretary, in consultation with the Secretary of the Interior and the States, shall submit to Congress a report that--CommentsClose CommentsPermalink
(A) contains an evaluation of the programs described in paragraph (1);CommentsClose CommentsPermalink
(B) describes the accomplishments of each program;CommentsClose CommentsPermalink
(C) provides updates of a systemic habitat needs assessment; andCommentsClose CommentsPermalink
(D) identifies any needed adjustments in the authorization of the programs.CommentsClose CommentsPermalink
(c) State and Local Consultation and Cooperative Effort- For the purpose of ensuring the coordinated planning and implementation of the programs described in subsection (c), the Secretary shall consult with the States and other appropriate entities in the Statesb), the Secretary shall--CommentsClose CommentsPermalink
(1) consult with the States, and other appropriate entities in the States, the rights and interests of which might be affected by specific program activities.(e) Cost Sharing-(1) IN GENERAL-(A) PROJECTS ON FEDERAL LAND- Each project under this section located on Federal land shall be carried out at full Federal expense.(B) OTHER PROJECTS- For each project under subsection (c)(1) located on non-Federal land, the non-Federal share of the cost of the project--(i) shall be 35 percent;(ii) may be provided through in-kind services or ; andCommentsClose CommentsPermalink
(2) enter into an interagency agreement with the Secretary of the Interior to provide for the direct cash contributions; and(iii) shall include the provision of necessary land, easements, relocations, and disposal sites.(f) Nonprofit Entities- Notwithstanding section 221 of the Flood Control Act of 1970 (
(d) Operation and Maintenance- The costs of operation and maintenance of a project located on Federal land, or land owned or operated by a State or local government, shall be borne by the Federal, State, or local agency that has jurisdiction over fish and wildlife activities on the land.CommentsClose CommentsPermalink
(e) Effect on Other Law-CommentsClose CommentsPermalink
(1) WATER LAW- Nothing in this section preempts any State water law.(2) shall be construed to preempt any State water law.CommentsClose CommentsPermalink
(2) COMPACTS AND DECREES- In carrying out this section, the Secretary shall comply with the Rio Grande Compact, and any applicable court decrees or Federal and State laws, affecting water or water rights in the Rio Grande Basin.CommentsClose CommentsPermalink
(hf) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $15,000,000 for each of fiscal years 2008 through 2011.CommentsClose CommentsPermalink
SEC. 500 SEC. 5057. CHARLES HERVEY TOWNSHEND BREAKWATER, NEW HAVEN HARBOR, CONNECTICUT. CommentsClose CommentsPermalink
The western breakwater for the project for navigation, New Haven Harbor, Connecticut, authorized by the first section of the Act of September 19, 1890 (26 Stat. 428), shall be known and designated as the `Charles Hervey Townshend Breakwater'.CommentsClose CommentsPermalink
SEC. 5058. STAMFORD, CONNECTICUT.CommentsClose CommentsPermalink
(a) In General- The Secretary may participate in the ecosystem restoration, navigation, flood damage reduction, and recreation components of the Mill River and Long Island Sound revitalization project, Stamford, Connecticut.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5059. DELMARVA CONSERVATION CORRIDOR, DELAWARE AND MARYLAND, MARYLAND, AND VIRGINIA.CommentsClose CommentsPermalink
(a) Assistance- The Secretary may provide technical assistance to the Secretary of Agriculture for use in carrying out the Conservation Corridor Demonstration Program established under subtitle G of title II of the Farm Security and Rural Investment Act of 2002 (
(b) Coordination and Integration- In carrying out water resources projects in the States on the Delmarva Peninsula, the Secretary shall coordinate and integrate those projects, to the maximum extent practicable, with any activities carried out to implement a conservation corridor plan approved by the Secretary of Agriculture under section 2602 of the Farm Security and Rural Investment Act of 2002 (
SEC. 5010. SUSQUEHANNA, DELAWARE, AND POTOMAC RIVER BASINS, DELAWARE, MARYLAND, PENNSYLVANIA, AND VIRGINIA.(a) Ex Officio Member- Notwithstanding section 3001(a) of the 1997 Emergency Supplemental Appropriations Act for Recovery From Natural Disasters, and for Overseas Peacekeeping Efforts, Including Those in Bosnia (111 Stat. 176) and sections 2.2 of the Susquehanna River Basin Compact (
(a) Comprehensive Action Plan- Not later than 2 yearsone year after the date of enactment of this Act, the Secretary, in coordination with the Mayor of the District of Columbia, the Governor of Maryland, the county executives of Montgomery County and Prince George's County, Maryland, and other stakeholders, shall develop and interested entities, shall develop and make available to the public a 10-year comprehensive action plan to provide for the restoration and protection of the ecological integrity of the Anacostia River and its tributaries.CommentsClose CommentsPermalink
(b) Public Availability- On completion of the comprehensive action plan under subsection (a), the Secretary shall make the plan available to the public.SEC. 5012, including on the Internet.CommentsClose CommentsPermalink
SEC. 5061. EAST CENTRAL AND NORTHEAST FLORIDA.CommentsClose CommentsPermalink
(a) East Central and Northeast Florida Region Defined- In this section, the term `East Central and Northeast Florida Region' means Flagler County, St. Johns County, Putman County (east of the St. Johns River), Seminole County, Volusia County, the towns of Winter Park, Maitland, and Palatka, Florida.CommentsClose CommentsPermalink
(b) Establishment of Program- The Secretary may establish a program to provide environmental assistance to non-Federal interests in the East Central and Northeast Florida Region.CommentsClose CommentsPermalink
(c) Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in the East Central and Northeast Florida Region, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.CommentsClose CommentsPermalink
(d) Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(e) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each partnership agreement for a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of a project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of the costs of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(f) Applicability of Other Federal and State Laws- Nothing in this section shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(g) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
(h) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $40,000,000.CommentsClose CommentsPermalink
SEC. 5062. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.CommentsClose CommentsPermalink
Section 109 of the Miscellaneous Appropriations Act, 2001 (enacted into law by
(1) by adding at the end of subsection (e)(2) the following:CommentsClose CommentsPermalink
`(C) CREDIT FOR WORK PRIOR TO EXECUTION OF THE PARTNERSHIP AGREEMENT- The Secretary shall credit toward the non-Federal share of the cost of the project--CommentsClose CommentsPermalink
`(i) in accordance with section 221 of the Flood Control Act of 1970 (
`(ii) the cost of land acquisition carried out by the non-Federal interest for projects to be carried out under this section.'; andCommentsClose CommentsPermalink
(2) in subsection (f) by striking `$100,000,000' and inserting `$100,000,000, of which not more than $15,000,000 may be used to provide planning, design, and construction assistance to the Florida Keys Aqueduct Authority for a water treatment plant, Florida City, Florida'.CommentsClose CommentsPermalink
SEC. 5063. LAKE WORTH, FLORIDA.CommentsClose CommentsPermalink
The Secretary may carry out necessary repairs for the Lake Worth bulkhead replacement project, West Palm Beach, Florida, at an estimated total cost of $9,000,000.CommentsClose CommentsPermalink
SEC. 5064. BIG CREEK, GEORGIA, WATERSHED MANAGEMENT AND RESTORATION PROGRAM.CommentsClose CommentsPermalink
(a) In General- The Secretary, acting through the Chief of Engineers, is authorized to may cooperate with, by providing technical, planning, and construction assistance to, the city of Roswell, Georgia, as local sponsorthe non-Federal interest and coordinator with other local governments in the Big Creek watershed, Georgia, to assess the quality and quantity of water resources, conduct comprehensive watershed management planning, develop and implement water efficiency technologies and programs, and plan, design, and construct water resource facilities to restore the watershed.CommentsClose CommentsPermalink
(b) Federal Share- The Federal share of the cost of the project under this section--(1) shall be 65 percent; and(2) may be provided in any combination of cash and in-kind services.(c) Authorization of Appropriations- Authorization of Appropriations- There is authorized to be appropriated to the Secretary $5,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5013SEC. 5065. METROPOLITAN NORTH GEORGIA WATER PLANNING DISTRICT.CommentsClose CommentsPermalink
(a) Establishment of Program- The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the Metropolitan North Georgia Water Planning District.CommentsClose CommentsPermalink
(b) Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in north Georgia, including projects for wastewater treatment and related facilities, elimination or control of combined sewer overflows, water supply and related facilities, environmental restoration, and surface water resource protection and development.CommentsClose CommentsPermalink
(c) Public Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(d) Local Cooperation Agreement-(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a local cooperationPartnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each local cooperation agreemenpartnership agreement for a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of project costs under each local cooperation agreement entered into under this subthe cost of a project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR DESIGN WORK- The non-Federal interest shall receive credit,WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of the costs of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project costs.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly- owned or -controlled land), but not to exceed the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(e) Applicability of Other Federal and State Laws- Nothing in this section waives, limits, or otherwise affectsshall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $20,000,000, to remain available until expended.SEC. 5014.CommentsClose CommentsPermalink
SEC. 5066. SAVANNAH, GEORGIA.CommentsClose CommentsPermalink
(a) In General- After completion of a Savannah Riverfront plan, the Secretary may participate in the ecosystem restoration, recreation, navigation, and flood damage reduction components of the plan.CommentsClose CommentsPermalink
(b) Coordination- In carrying out this section, the Secretary shall coordinate with appropriate representatives in the vicinity of Savannah, Georgia, including the Georgia Ports Authority, the city of Savannah, and Camden County.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5067. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, RURAL UTAH, AND WYOMING.CommentsClose CommentsPermalink
Section 595 of the Water Resources Development Act of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 142; 117 Stat. 1836; 118 Stat. 440) is amended--CommentsClose CommentsPermalink
(1) in the section heading, by striking `and rural utah' and inserting `rural utah, and wyoming';CommentsClose CommentsPermalink
(2) in subsections (b) and (c), by striking `and rural Utah' each place it appears and inserting `rural Utah, and Wyoming'; andCommentsClose CommentsPermalink
(3) by amending subsection (h) to read as followsstriking subsection (h) and inserting the following:CommentsClose CommentsPermalink
`(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section for the period beginning with fiscal year 2001 $150,000,000 for rural Nevada, and $25,000,000 for each of Montana and New Mexico, $55,000,000 for Idaho, $50,000,000 for rural Utah, and $30,000,000 for Wyoming, to remain available until expended.'.SEC. 5015. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIERS PROJECT. Such sums shall remain available until expended.'.CommentsClose CommentsPermalink
SEC. 5068. RILEY CREEK RECREATION AREA, IDAHO.CommentsClose CommentsPermalink
The Secretary is authorized to carry out the Riley Creek Recreation Area Operation Plan of the Albeni Falls Management Plan, dated October 2001, for the Riley Creek Recreation Area, Albeni Falls Dam, Bonner County, Idaho.CommentsClose CommentsPermalink
SEC. 5069. FLOODPLAIN MAPPING, LITTLE CALUMET RIVER, CHICAGO, ILLINOIS.CommentsClose CommentsPermalink
(a) Treatment as Single Project- The Chicago Sanitary and Ship Canal Dispersal Barrier Project (Barrier I) (as in existence on the date of enactment of this Act), constructed as a demonstration project under section 1202(i)(3) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (
(b) Requirements- Maps developed under the project shall include hydrologic and hydraulic information and shall accurately show the flood inundation of each property by flood risk in the floodplain. The maps shall be produced in a high resolution format and shall be made available to all flood prone areas along the Little Calumet River, Chicago, Illinois, in an electronic format.CommentsClose CommentsPermalink
(c) Feasibility Study- The Secretary, in consultation with appropriate Federal, State, local, and nongovernmental entities, shall conduct a feasibility study, at full Federal expense, of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins and through the Chicago Sanitary and Ship Canal and other aquatic pathwayParticipation of FEMA- The Secretary and the non-Federal interests for the project shall work with the Administrator of the Federal Emergency Management Agency to ensure the validity of the maps developed under the project for flood insurance purposes.CommentsClose CommentsPermalink
(d) Conforming Amendments-(1) NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND CONTROL- Section 1202(i)(3)(C) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16Forms of Assistance- In carrying out the project, the Secretary may enter into contracts or cooperative agreements with the non-Federal interests or provide reimbursements of project costs.CommentsClose CommentsPermalink
(e) Federal Share- The Federal share of the cost of the project shall be 50 percent.CommentsClose CommentsPermalink
(f) Limitation on Statutory Construction- Nothing in this section shall be construed to modify the prioritization of map updates or the substantive requirements of the Federal Emergency Management Agency flood map modernization program authorized by section 1360 of the National Flood Insurance Act of 1968 (
(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $2,000,000.CommentsClose CommentsPermalink
SEC. 345. CHICAGO SANITARY AND SHIP CANAL DISPERSAL BARRIER, ILLINOIS.`There are authorized to be appropriated such sums as are necessary to carry out the Barrier II project of the project5070. RECONSTRUCTION OF ILLINOIS AND MISSOURI FLOOD PROTECTION PROJECTS.CommentsClose CommentsPermalink
(a) In General- The Secretary may participate in the reconstruction of an eligible flood control project if the Secretary determines that such reconstruction is not required as a result of improper operation and maintenance of the project by the non-Federal interest.CommentsClose CommentsPermalink
(b) Cost Sharing- The non-Federal share of the costs for the Chicago Sanitary and Ship Canal Dispersal Barrier, Illinois, initiated pursuant to section 1135 of the Water Resources Development Act of 1986 (
(c) Reconstruction Defined- In this section, the term `reconstruction', as used with respect to a project, means addressing major project deficiencies caused by long-term degradation of the foundation, construction materials, or engineering systems or components of the project, the results of which render the project at risk of not performing in compliance with its authorized project purposes. In addressing such deficiencies, the Secretary may incorporate current design standards and efficiency improvements, including the replacement of obsolete mechanical and electrical components at pumping stations, if such incorporation does not significantly change the scope, function, and purpose of the project as authorized.CommentsClose CommentsPermalink
(d) Eligible Projects- The following flood control projects are eligible for reconstruction under this section:CommentsClose CommentsPermalink
(1) Clear Creek Drainage and Levee District, Illinois.CommentsClose CommentsPermalink
(2) Fort Chartres and Ivy Landing Drainage District, Illinois.CommentsClose CommentsPermalink
(3) Prairie Du Pont Levee and Sanitary District, including Fish Lake Drainage and Levee District, Illinois.CommentsClose CommentsPermalink
(4) Cairo, Illinois Mainline Levee, Cairo, Illinois.CommentsClose CommentsPermalink
(5) Goose Pond Pump Station, Cairo, Illinois.CommentsClose CommentsPermalink
(6) Cottonwood Slough Pump Station, Alexander County, Illinois.CommentsClose CommentsPermalink
(7) 10th and 28th Street Pump Stations, Cairo, Illinois.CommentsClose CommentsPermalink
(8) Flood control levee projects in Brookport, Shawneetown, Old Shawneetown, Golconda, Rosiclare, Harrisburg, and Reevesville, Illinois.CommentsClose CommentsPermalink
(9) City of St. Louis, Missouri.CommentsClose CommentsPermalink
(10) Missouri River Levee Drainage District, Missouri.CommentsClose CommentsPermalink
(e) Justification- The reconstruction of a project authorized by this section shall not be considered a separable element of the project.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated $50,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5071. ILLINOIS RIVER BASIN RESTORATION.CommentsClose CommentsPermalink
(a) Study-(1) IN GENERAL- The Secretary, in consultation with the Missouri River Recovery and Implementation Committee established by subsection (b)(1), shall conduct a study of the Missouri River and its tributaries to determine actions required--(A) to mitigate losses of aquatic and terrestrial habitat;(B) to recover federally listed species under the Endangered Species Act (
(b) Maximum Federal Share- Section 519(c)(3) of such Act (114 Stat. 2654) is amended by striking `$5,000,000' and inserting `$20,000,000'.CommentsClose CommentsPermalink
(c) In-Kind Services- Section 519(g)(3) of such Act (114 Stat. 2655) is amended by inserting before the period at the end of the first sentence `if such services are provided not more than 5 years before the date of initiation of the project or activity'.CommentsClose CommentsPermalink
(d) Monitoring- Section 519 of such Act (114 Stat. 2654) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(h) Monitoring- The Secretary shall develop an Illinois River basin monitoring program to restore the ecosystem to prevent further declines among other native speciessupport the plan developed under subsection (b). Data collected under the monitoring program shall incorporate data provided by the State of Illinois and shall be publicly accessible through electronic means, including on the Internet.'.CommentsClose CommentsPermalink
SEC. 5072. PROMONTORY POINT THIRD-PARTY REVIEW, CHICAGO SHORELINE, CHICAGO, ILLINOIS.CommentsClose CommentsPermalink
(a) Review-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall conduct a third-party review of the Promontory Point feature of the project for storm damage reduction and shoreline erosion protection, Lake Michigan, Illinois, from Wilmette, Illinois, to the Illinois-Indiana State line, authorized by section 101(a)(12) of the Water Resources Development Act of 1996 (110 Stat. 3664), at a cost not to exceed $450,000.CommentsClose CommentsPermalink
(2) FUNDING- The study under JOINT REVIEW- The Buffalo and Seattle Districts of the Corps of Engineers shall jointly conduct the review under paragraph (1).CommentsClose CommentsPermalink
(3) STANDARDS- The review under paragraph (1) shall be funded under the Missouri River Fish and Wildlife Mitigation Program.(b) Missouri River Recovery Implementation Committee-based on the standards under part 68 of title 36, Code of Federal Regulations (or any successor regulation).CommentsClose CommentsPermalink
(b) Contributions- The Secretary may accept funds from a State or political subdivision of a State to conduct the review under paragraph (1).CommentsClose CommentsPermalink
(c) Treatment- The review under paragraph (1) shall not be considered to be an element of the project referred to in paragraph (1).CommentsClose CommentsPermalink
(d) Effect of Section- Nothing in this section shall be construed to affect the authorization for the project referred to in paragraph (1)ESTABLISHMENT- Not later than June 31, 2006, the Secretary shall establish a committee to be known as the `Missouri River Recovery Implementation Committee' (referred to in this section as the `Committee').CommentsClose CommentsPermalink
SEC. 5073. KASKASKIA RIVER BASIN, ILLINOIS, RESTORATION.CommentsClose CommentsPermalink
(a) Kaskaskia River Basin Defined- In this section, the term `Kaskaskia River Basin' means the Kaskaskia River, Illinois, its backwaters, its side channels, and all tributaries, including their watersheds, draining into the Kaskaskia River.CommentsClose CommentsPermalink
(b) Comprehensive Plan-CommentsClose CommentsPermalink
(1) DEVELOPMENT- The Secretary shall develop, as expeditiously as practicable, a comprehensive plan for the purpose of restoring, preserving, and protecting the Kaskaskia River Basin.CommentsClose CommentsPermalink
(2) MEMBERSHIP- The Committee shall include representatives from--(A) Federal agencies;(B) States located near the Missouri River Basin; and(C) other appropriate entities, as determined by the Secretary, including--(i) water management and fish and wildlife agencies;(ii) Indian tribes located near the Missouri River Basin; and(iii) nongovernmental stakeholdTECHNOLOGIES AND INNOVATIVE APPROACHES- The comprehensive plan shall provide for the development of new technologies and innovative approaches--CommentsClose CommentsPermalink
(A) to enhance the Kaskaskia River as a transportation corridor;CommentsClose CommentsPermalink
(B) to improve water quality within the entire Kaskaskia River Basin;CommentsClose CommentsPermalink
(C) to restore, enhance, and preserve habitat for plants and wildlife;CommentsClose CommentsPermalink
(D) to ensure aquatic integrity of side channels and backwaters and their connectivity with the mainstem river;CommentsClose CommentsPermalink
(E) to increase economic opportunity for agriculture and business communities; andCommentsClose CommentsPermalink
(F) to reduce the impacts of flooding to communities and landowners.CommentsClose CommentsPermalink
(3) DUTIES- The Commission shall--(A) with respect to the study under subsection (a), provide guidance to the Secretary and any other affected Federal agency, State agency, or Indian tribe;(B) provide guidance to the Secretary with respect to the Missouri River recovery and mitigation program in existence on the date of enactment of this Act, including recommendations relating to--(i) changes to the implementation strategy from the use of adaptive management; and(ii)SPECIFIC COMPONENTS- The comprehensive plan shall include such features as are necessary to provide for--CommentsClose CommentsPermalink
(A) the development and implementation of a program for sediment removal technology, sediment characterization, sediment transport, and beneficial uses of sediment;CommentsClose CommentsPermalink
(B) the development and implementation of a program for the planning, conservation, evaluation, and construction of measures for fish and wildlife habitat conservation and rehabilitation, and stabilization and enhancement of land and water resources in the Kaskaskia River Basin;CommentsClose CommentsPermalink
(C) the development and implementation of a long-term resource monitoring program for the Basin;CommentsClose CommentsPermalink
(D) a conveyance study of the Kaskaskia River floodplain from Vandalia, Illinois, to Carlyle Lake to determine the coordination of the development of consistent policies, strategies, plans, programs, projects, activities, and priorities for the program;(C) exchange information regarding programs, projects, and activities of the agencies and entities represented on the Committeeimpacts of existing and future waterfowl improvements on flood stages, including detailed surveys and mapping information to ensure proper hydraulic and hydrological analysis;CommentsClose CommentsPermalink
(E) the development and implementation of a computerized inventory and analysis system for the Basin;CommentsClose CommentsPermalink
(F) the development and implementation of a systemic plan for the Basin to promote the goals of the Missouri River recovery and mitigation program;(D) establish such working groups as the Committee determines to be necessary to assist in carrying out the duties of the Committee, including duties relating to public policy and scientific issues;(E) facilitate the resolution of interagency and intergovernmental conflicts between entities represented on the Committee associated with the Missouri River recovery and mitigation program;(F) coordinate scientific and other research associated with the Missouri River recovery and mitigation program; and(G) annually prepare a work plan and associated budget requestsreduce flood impacts by means of ecosystem restoration projects; andCommentsClose CommentsPermalink
(G) the study and design of necessary measures to reduce ongoing headcutting and restore the aquatic environment of the Basin that has been degraded by the headcutting that has occurred above the existing grade control structure.CommentsClose CommentsPermalink
(4) COMPENSATION; TRAVEL EXPENSES-(A) COMPENSATION- Members of the Committee shall not receive compensation from the Secretary in carrying out the duties of the Committee under this sectionNSULTATION- The comprehensive plan shall be developed by the Secretary in consultation with appropriate Federal agencies, the State of Illinois, and the Kaskaskia River Watershed Association.CommentsClose CommentsPermalink
(5) REPORT TO CONGRESS- Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report containing the comprehensive plan.CommentsClose CommentsPermalink
(6) ADDITIONAL STUDIES AND ANALYSES- After submission of a report under paragraph (5), the Secretary shall conduct studies and analyses of projects related to the comprehensive plan that are appropriate and consistent with this subsection.CommentsClose CommentsPermalink
(c) General Provisions-CommentsClose CommentsPermalink
(1) WATER QUALITY- In carrying out activities under this section, the Secretary's recommendations shall be consistent with applicable State water quality standards.CommentsClose CommentsPermalink
(2) PUBLIC PARTICIPATION- In developing the comprehensive plan under subsection (b), the Secretary shall implement procedures to facilitate public participation, including providing advance notice of meetings, providing adequate opportunity for public input and comment, maintaining appropriate records, and making a record of the proceedings of meetings available for public inspection.CommentsClose CommentsPermalink
(d) Critical Projects and Initiatives- If the Secretary, in cooperation with appropriate Federal agencies and the State of Illinois, determines that a project or initiative for the Kaskaskia River Basin will produce independent, immediate, and substantial benefits, the Secretary may proceed with the implementation of the project.CommentsClose CommentsPermalink
(e) Coordination- The Secretary shall integrate activities carried out under this section with ongoing Federal and State programs, projects, and activities, including the following:CommentsClose CommentsPermalink
(1) Farm programs of the Department of Agriculture.CommentsClose CommentsPermalink
(2) Conservation Reserve Enhancement Program (State of Illinois) and Conservation 2000 Ecosystem Program of the Illinois department of natural resources.CommentsClose CommentsPermalink
(3) Conservation 2000 Conservation Practices Program and the Livestock Management Facilities Act administered by the Illinois department of agriculture.CommentsClose CommentsPermalink
(4) National Buffer Initiative of the Natural Resources Conservation Service.CommentsClose CommentsPermalink
(5) Nonpoint source grant program administered by the Illinois environmental protection agency.CommentsClose CommentsPermalink
(6) Other programs that may be developed by the State of Illinois or the Federal Government, or that are carried out by nonprofit organizations, to carry out the objectives of the Kaskaskia River Basin Comprehensive Plan.CommentsClose CommentsPermalink
(f) In-Kind Services- The Secretary may credit the cost of in-kind services provided by the non-Federal interest for an activity carried out under this section toward not more than 80 percent of the non-Federal share of the cost of the activity. In-kind services shall include all State funds expended on programs that accomplish the goals of this section, as determined by the Secretary. The programs may include the Kaskaskia River Conservation Reserve Program, the Illinois Conservation 2000 Program, the Open Lands Trust Fund, and other appropriate programs carried out in the Kaskaskia River Basin.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There is authorized to be appropriated $20,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5074. SOUTHWEST ILLINOIS.CommentsClose CommentsPermalink
(a) Southwest Illinois Defined- In this section, the term `Southwest Illinois' means the counties of Madison, St. Clair, Monroe, Randolph, Perry, Franklin, Jackson, Union, Alexander, Pulaski, and Williamson, Illinois.CommentsClose CommentsPermalink
(b) Establishment of Program- The Secretary may establish a program to provide environmental assistance to non-Federal interests in Southwest Illinois.CommentsClose CommentsPermalink
(c) Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in Southwest Illinois, including projects for wastewater treatment and related facilities, water supply and related facilities, and surface water resource protection and development.CommentsClose CommentsPermalink
(d) Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(e) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each partnership agreement for a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) TRAVEL EXPENSES- Travel expenses incurred by a member of the Committee in carrying out the duties of the Committee underLEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of a project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(f) Applicability of Other Federal and State Laws- Nothing in this section shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(g) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
(h) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $40,000,000.CommentsClose CommentsPermalink
SEC. 5075. CALUMET REGION, INDIANA.CommentsClose CommentsPermalink
Section 219(f)(12) of the Water Resources Development Act of 1992 (113 Stat. 335; 117 Stat. 1843) is amended--CommentsClose CommentsPermalink
(1) by striking `$30,000,000' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- $100,000,000';CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(B) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(3) by aligning the remainder of the text of subparagraph (A) (as designated by paragraph (1) of this section) with subparagraph (B) (as added by paragraph (2) of this section).CommentsClose CommentsPermalink
SEC. 5076. FLOODPLAIN MAPPING, MISSOURI RIVER, IOWA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall provide assistance for a project to develop maps identifying 100- and 500-year flood inundation areas in the State of Iowa, along the Missouri River.CommentsClose CommentsPermalink
(b) Requirements- Maps developed under the project shall include hydrologic and hydraulic information and shall accurately portray the flood hazard areas in the floodplain. The maps shall be produced in a high resolution format and shall be made available to the State of Iowa in an electronic format.CommentsClose CommentsPermalink
(c) Participation of FEMA- The Secretary and the non-Federal interests for the project shall work with the Administrator of the Federal Emergency Management Agency to ensure the validity of the maps developed under the project for flood insurance purposes.CommentsClose CommentsPermalink
(d) Forms of Assistance- In carrying out the project, the Secretary may enter into contracts or cooperative agreements with the non-Federal interests or provide reimbursements of project costs.CommentsClose CommentsPermalink
(e) Federal Share- The Federal share of the cost of the project shall be 50 percent.CommentsClose CommentsPermalink
(f) Limitation on Statutory Construction- Nothing in this section shall be paid by the agency, Indian tribe, or unit of government represented by the memberconstrued to modify the prioritization of map updates or the substantive requirements of the Federal Emergency Management Agency flood map modernization program authorized by section 1360 of the National Flood Insurance Act of 1968 (
(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $3,000,000.CommentsClose CommentsPermalink
SEC. 5077. PADUCAH, KENTUCKY.CommentsClose CommentsPermalink
The Secretary shall complete a feasibility report for rehabilitation of the project for flood damage reduction, Paducah, Kentucky, authorized by section 4 of the Flood Control Act of June 28, 1938 (52 Stat. 1217), and, if the Secretary determines that the project is feasible, the Secretary may carry out the project at a total cost of $3,000,000.CommentsClose CommentsPermalink
SEC. 5078. SOUTHERN AND EASTERN KENTUCKY.CommentsClose CommentsPermalink
Section 531 of the Water Resources Development Act of 1996 (110 Stat. 3773; 113 Stat. 348; 117 Stat. 142) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(i) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.'.CommentsClose CommentsPermalink
SEC. 5079. WINCHESTER, KENTUCKY.CommentsClose CommentsPermalink
Section 219(c) of the Water Resources Development Act of 1992 (106 Stat. 4835; 114 Stat. 2763A-219) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(41) WINCHESTER, KENTUCKY- Wastewater infrastructure, Winchester, Kentucky.'.CommentsClose CommentsPermalink
SEC. 5080. BATON ROUGE, LOUISIANA.CommentsClose CommentsPermalink
Section 219(f)(21) of the Water Resources Development Act of 1992 (113 Stat. 336; 114 Stat. 2763A-220) is amended by striking `$20,000,000' and inserting `$35,000,000'.CommentsClose CommentsPermalink
SEC. 5081. CALCASIEU SHIP CHANNEL, LOUISIANA.CommentsClose CommentsPermalink
The Secretary shall expedite completion of a dredged material management plan for the Calcasieu Ship Channel, Louisiana, and may take interim measures to increase the capacity of existing disposal areas, or to construct new confined or beneficial use disposal areas, for the channel.CommentsClose CommentsPermalink
SEC. 5082. EAST ATCHAFALAYA BASIN AND AMITE RIVER BASIN REGION, LOUISIANA.CommentsClose CommentsPermalink
(a) East Atchafalaya Basin and Amite River Basin Region Defined- In this section, the term `East Atchafalaya Basin and Amite River Basin Region' means the following parishes and municipalities in the State of Louisiana: Ascension, East Baton Rouge, East Feliciana, Iberville, Livingston, Pointe Coupee, St. Helena, West Baton Rouge, and West Feliciana.CommentsClose CommentsPermalink
(b) Establishment of Program- The Secretary may establish a program to provide environmental assistance to non-Federal interests in the East Atchafalaya Basin and Amite River Basin Region.CommentsClose CommentsPermalink
(c) Nonapplicability of FACA- The Federal Advisory Committee Act (5Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in the East Atchafalaya Basin and Amite River Basin Region, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.CommentsClose CommentsPermalink
(d) Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(e) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each partnership agreement of a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of a project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(f) Applicability of Other Federal and State Laws- Nothing in this section shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(g) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
(h) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $40,000,000.CommentsClose CommentsPermalink
SEC. 5083. INNER HARBOR NAVIGATION CANAL LOCK PROJECT, LOUISIANA.CommentsClose CommentsPermalink
Not later than July 1, 2008, the Secretary shall--CommentsClose CommentsPermalink
(1) issue a final environmental impact statement relating to the Inner Harbor Navigation Canal Lock project, Louisiana; andCommentsClose CommentsPermalink
(2) develop and maintain a transportation mitigation program relating to that project in coordination with--CommentsClose CommentsPermalink
(A) St. Bernard Parish;CommentsClose CommentsPermalink
(B) Orleans Parish;CommentsClose CommentsPermalink
(C) the Old Arabi Neighborhood Association; andCommentsClose CommentsPermalink
(D) other interested parties.CommentsClose CommentsPermalink
SEC. 5084. LAKE PONTCHARTRAIN, LOUISIANA.CommentsClose CommentsPermalink
For purposes of carrying out section 121 of the Federal Water Pollution Control Act (
SEC. 5085. SOUTHEAST LOUISIANA REGION, LOUISIANA.CommentsClose CommentsPermalink
(a) Definition of Southeast Louisiana Region- In this section, the term `Southeast Louisiana Region' means any of the following parishes and municipalities in the State of Louisiana:CommentsClose CommentsPermalink
(1) Orleans.CommentsClose CommentsPermalink
(2) Jefferson.CommentsClose CommentsPermalink
(3) St. Tammany.CommentsClose CommentsPermalink
(4) Tangipahoa.CommentsClose CommentsPermalink
(5) St. Bernard.CommentsClose CommentsPermalink
(6) St. Charles.CommentsClose CommentsPermalink
(7) St. John.CommentsClose CommentsPermalink
(8) Plaquemines.CommentsClose CommentsPermalink
(b) Establishment of Program- The Secretary may establish a program to provide environmental assistance to non-Federal interests in the Southeast Louisiana Region.CommentsClose CommentsPermalink
(c) Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in the Southeast Louisiana Region, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development (including projects to improve water quality in the Lake Pontchartrain Bbasin).CommentsClose CommentsPermalink
(d) Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(e) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each partnership agreement offor a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
The Federal share of the cost of the(A) IN GENERAL- The Federal share of the cost of a project under this section--CommentsClose CommentsPermalink
(Ai) shall be 75 percent; andCommentsClose CommentsPermalink
(Bii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR DESIGN WORK- The non-Federal interest shall receive credit, not to exceed 6 percent of the total construction costs of the project, for the reasonable costs of design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for a project.(D) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of the costs of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project costs.(E.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly- owned or -controlled land), but not to exceed the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(FE) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(f) Applicability of Other Federal and State Laws- Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.(g)shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(g) Nonprofit Entity- Notwithstanding section 221ies- In accordance with section 221(b) of the Flood Control Act of 1970 (
(h) Corps of Engineers Expenses- Not more than 10 percent of amounts made available to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $17,000,000, to remain available until expended.SEC. 5018.CommentsClose CommentsPermalink
SEC. 5086. WEST BATON ROUGE PARISH, LOUISIANA.CommentsClose CommentsPermalink
(a) Modification of Study- The study for the project for waterfront and riverine preservation, restoration, and enhancement, Mississippi River, West Baton Rouge Parish, Louisiana, being carried out under Committee Resolution 2570 of the Committee on Transportation and Infrastructure of the House of Representatives adopted July 23, 1998, is modified to add West Feliciana Parish and East Baton Rouge Parish to the geographic scope of the study.CommentsClose CommentsPermalink
(b) Construction- The Secretary may, upon completion of the study, participate in the ecosystem restoration, navigation, flood damage reduction, and recreation components of the project.CommentsClose CommentsPermalink
(c) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(d) Expedited Consideration- Section 517(5) of the Water Resources Development Act of 1999 (113 Stat. 345) is amended to read as follows:CommentsClose CommentsPermalink
`(5) Mississippi River, West Baton Rouge, West Feliciana, and East Baton Rouge Parishes, Louisiana, project for waterfront and riverine preservation, restoration, and enhancement modifications.'.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000.CommentsClose CommentsPermalink
SEC. 5087. CHARLESTOWN, MARYLAND.CommentsClose CommentsPermalink
(a) In General- The Secretary may carry out a project for nonstructural flood damage reduction and ecosystem restoration at Charlestown, Maryland.CommentsClose CommentsPermalink
(b) Land Acquisition- The flood damage reduction component of the project may include the acquisition of private property from willing sellers.CommentsClose CommentsPermalink
(c) Justification- Any nonstructural flood damage reduction project to be carried out under this section that will result in the conversion of property to use for ecosystem restoration and wildlife habitat shall be justified based on national ecosystem restoration benefits.CommentsClose CommentsPermalink
(d) Use of Acquired Property- Property acquired under this section shall be maintained in public ownership for ecosystem restoration and wildlife habitat.CommentsClose CommentsPermalink
(e) Ability to Pay- In determining the appropriate non-Federal cost share for the project, the Secretary shall determine the ability of Cecil County, Maryland, to participate as a cost-sharing non-Federal interest in accordance with section 103(m) of the Water Resources Development Act of 1986 (
(f) Authorization of Appropriations- There is authorized to be appropriated $2,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5088. ST. MARY'S RIVER, MARYLAND.CommentsClose CommentsPermalink
(a) In General- The Secretary shall carry out the project for shoreline protection, St. Mary's River, Maryland, under section 3 of the Act entitled `An Act authorizing Federal participation in the cost of protecting the shores of publicly owned property', approved August 13, 1946 (
(b) Use of Funds- In carrying out the project under subsection (a), the Secretary shall use funds made available for such project under Energy and Water Development Appropriations Act, 2006 (
SEC. 5089. MASSACHUSETTS DREDGED MATERIAL DISPOSAL SITES.CommentsClose CommentsPermalink
The Secretary may cooperate with Massachusetts in the management and long-term monitoring of aquatic dredged material disposal sites within the State and is authorized to accept funds from the State to carry out such activities.CommentsClose CommentsPermalink
SEC. 5090. ONTONAGON HARBOR, MICHIGAN.CommentsClose CommentsPermalink
The Secretary shall conduct a study of shore damage in the vicinity of the project for navigation, Ontonagon Harbor, Ontonagon County, Michigan, authorized by section 101 of the Rivers and Harbors Act of 1962 (76 Stat. 1176) and reauthorized by section 363 of the Water Resources Development Act of 1996 (110 Stat. 3730), to determine if the damage is the result of a Federal navigation project, and, if the Secretary determines that the damage is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the damage under section 111 of the River and Harbor Act of 1968 (
SEC. 5091. CROOKSTON, MINNESOTA.CommentsClose CommentsPermalink
The Secretary shall conduct a study for a project for emergency streambank protection along the Red Lake River in Crookston, Minnesota, and, if the Secretary determines that the project is feasible, the Secretary may carry out the project under section 14 of the Flood Control Act of 1946 (
SEC. 5092. GARRISON AND KATHIO TOWNSHIP, MINNESOTA.CommentsClose CommentsPermalink
(a) Project Description- Section 219(f)(61) of the Water Resources Development Act of 1992 (114 Stat. 2763A-221) is amended--CommentsClose CommentsPermalink
(1) in the paragraph heading by striking `AND KATHIO TOWNSHIP' and inserting `, CROW WING COUNTY, MILLE LACS COUNTY, MILLE LACS INDIAN RESERVATION, AND KATHIO TOWNSHIP';CommentsClose CommentsPermalink
(2) by striking `$11,000,000' and inserting `$17,000,000';CommentsClose CommentsPermalink
(3) by inserting `, Crow Wing County, Mille Lacs County, Mille Lacs Indian Reservation established by the treaty of February 22, 1855 (10 Stat. 1165),' after `Garrison'; andCommentsClose CommentsPermalink
(4) by adding at the end the following: `Such assistance shall be provided directly to the Garrison-Kathio-West Mille Lacs Lake Sanitary District, Minnesota, except for assistance provided directly to the Mille Lacs Band of Ojibwe at the discretion of the Secretary.'.CommentsClose CommentsPermalink
(b) Procedures- In carrying out the project authorized by such section 219(f)(61), the Secretary may use the cost sharing and contracting procedures available to the Secretary under section 569 of the Water Resources Development Act of 1999 (113 Stat. 368).CommentsClose CommentsPermalink
SEC. 5093. ITASCA COUNTY, MINNESOTA.CommentsClose CommentsPermalink
The Secretary shall carry out a project for flood damage reduction, Trout Lake and Canisteo Pit, Itasca County, Minnesota, without regard to normal policy considerations.CommentsClose CommentsPermalink
SEC. 5094. MINNEAPOLIS, MINNESOTA.CommentsClose CommentsPermalink
(a) Conveyance- The Secretary shall convey to the city of Minneapolis by quitclaim deed and without consideration all right, title, and interest of the United States to the property known as the War Department (Fort Snelling Interceptor) Tunnel in Minneapolis, Minnesota.CommentsClose CommentsPermalink
(b) Applicability of Property Screening Provisions-
SEC. 5095. NORTHEASTERN MINNESOTA.CommentsClose CommentsPermalink
(a) In General- Section 569 of the Water Resources Development Act of 1999 (113 Stat. 368) is amended--CommentsClose CommentsPermalink
(1) in subsection (a) by striking `Benton, Sherburne,' and inserting `Beltrami, Hubbard, Wadena,';CommentsClose CommentsPermalink
(2) by striking the last sentence of subsection (e)(3)(B);CommentsClose CommentsPermalink
(3) by striking subsection (g) and inserting the following:CommentsClose CommentsPermalink
`(g) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
(4) in subsection (h) by striking `$40,000,000' and inserting `$54,000,000'; andCommentsClose CommentsPermalink
(5) by adding at the end the following:CommentsClose CommentsPermalink
`(i) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.'.CommentsClose CommentsPermalink
(b) Biwabik, Minnesota- The Secretary shall reimburse the non-Federal interest for the project for environmental infrastructure, Biwabik, Minnesota, carried out under section 569 of the Water Resources Development Act of 1999 (113 Stat. 368), for planning, design, and construction costs that were incurred by the non-Federal interest with respect to the project before the date of the partnership agreement for the project and that were in excess of the non-Federal share of the cost of the project if the Secretary determines that the costs are appropriate.CommentsClose CommentsPermalink
SEC. 5096. WILD RICE RIVER, MINNESOTA.CommentsClose CommentsPermalink
The Secretary shall expedite the completion of the general reevaluation report, authorized by section 438 of the Water Resources Development Act of 2000 (114 Stat. 2640), for the project for flood protection, Wild Rice River, Minnesota, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1825), to develop alternatives to the Twin Valley Lake feature, and upon the completion of such report, shall construct the project at a total cost of $20,000,000.CommentsClose CommentsPermalink
SEC. 5097. MISSISSIPPI.CommentsClose CommentsPermalink
Section 592(g) of the Water Resources Development Act of 1999 (113 Stat. 380; 117 Stat. 1837) is amended by striking `$100,000,000' and inserting `$110,000,000'.CommentsClose CommentsPermalink
SEC. 5019 SEC. 5098. HARRISON, HANCOCK, AND JACKSON COUNTIES, MISSISSIPPI. CommentsClose CommentsPermalink
In carrying out projects for the protection, restoration, and creation of aquatic and ecologically related habitats located in Harrison, Hancock, and Jackson Counties, Mississippi, under section 204 of the Water Resources Development Act of 1992 (
SEC. 5099. MISSISSIPPI RIVER, MISSOURI AND ILLINOIS.CommentsClose CommentsPermalink
As a part of the operation and maintenance of the project for the Mississippi River (Regulating Works), between the Ohio and Missouri Rivers, Missouri and Illinois, authorized by the first section of an Act entitled `Making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes', approved June 25, 1910 (36 Stat. 630), the Secretary may carry out activities necessary to restore and protect fish and wildlife habitat in the middle Mississippi River system. Such activities may include modification of navigation training structures, modification and creation of side channels, modification and creation of islands, and studies and analysis necessary to apply adaptive management principles in design of future work.CommentsClose CommentsPermalink
SEC. 5100. ST. LOUIS, MISSOURI.CommentsClose CommentsPermalink
Section 219(f)(32) of the Water Resources Development Act of 1992 (113 Stat. 337) is amended--CommentsClose CommentsPermalink
(1) by striking `a project' and inserting `projects';CommentsClose CommentsPermalink
(2) by striking `$15,000,000' and inserting `$35,000,000'; andCommentsClose CommentsPermalink
(3) by inserting `and St. Louis County' before `, Missouri'.CommentsClose CommentsPermalink
SEC. 5101. ST. LOUIS REGIONAL GREENWAYS, ST. LOUIS, MISSOURI.CommentsClose CommentsPermalink
(a) In General- The Secretary may participate in the ecosystem restoration, recreation, and flood damage reduction components of the St. Louis Regional Greenways Proposal of the Metropolitan Park and Recreation District, St. Louis, Missouri, dated March 31, 2004.CommentsClose CommentsPermalink
(b) Coordination- In carrying out this section, the Secretary shall coordinate with appropriate representatives in the vicinity of St. Louis, Missouri, including the Metropolitan Park and Recreation District, the city of St. Louis, St. Louis County, and St. Charles County.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5102. MISSOULA, MONTANA.CommentsClose CommentsPermalink
(a) In General- The Secretary may participate in the ecosystem restoration, flood damage reduction, and recreation components of the Clark Fork River Revitalization Project, Missoula, Montana.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $5,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5103. ST. MARY PROJECT, BLACKFEET RESERVATIONGLACIER COUNTY, MONTANA.CommentsClose CommentsPermalink
(a) In General- The Secretary, in consultation with the Bureau of Reclamation, shall conduct all necessary studies, develop an emergency response plan, provide technical and planning and design assistance, and rehabilitate and construct the St. Mary Diversion and Conveyance Works project located within the exterior boundaries of the Blackfeet Reservation in the State of Montana, at a total cost of $14053,000,000.CommentsClose CommentsPermalink
(b) Federal Share- The Federal share of the total cost of the project under this section shall be 75 percent.CommentsClose CommentsPermalink
(c) Participation by Blackfeet Tribe and Fort Belknap Indian Community-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as provided in paragraph (2), no construction shall be carried out under this section until the earlier of--CommentsClose CommentsPermalink
(A) the date on which Congress approves the reserved water rights settlements of the Blackfeet Tribe and the Fort Belknap Indian Community; andCommentsClose CommentsPermalink
(B) January 1, 2011.CommentsClose CommentsPermalink
(2) EXCEPTION- Paragraph (1) shall not apply with respect to construction relating to--CommentsClose CommentsPermalink
(A) standard operation and maintenance; orCommentsClose CommentsPermalink
(B) emergency repairs to ensure water transportation or the protection of life and property.CommentsClose CommentsPermalink
(3) REQUIREMENT- The Blackfeet Tribe shall be a participant in all phases of the project authorized by this section.CommentsClose CommentsPermalink
SEC. 5020SEC. 5104. LOWER PLATTE RIVER WATERSHED RESTORATION, NEBRASKA.CommentsClose CommentsPermalink
(a) In General- The Secretary, acting through the Chief of Engineers, may cooperate with and provide assistance to the Lower Platte River natural resources districts in the State of Nebraska to serve as local sponsornon-Federal interests with respect to--CommentsClose CommentsPermalink
(1) conducting comprehensive watershed planning in the natural resource districts;CommentsClose CommentsPermalink
(2) assessing water resources in the natural resource districts; andCommentsClose CommentsPermalink
(3) providing project feasibility planning, design, and construction assistance for water resource and watershed management in the natural resource districts, including projects for environmental restoration and flood damage reduction.CommentsClose CommentsPermalink
(b) Funding-CommentsClose CommentsPermalink
(1) FEDERAL SHARE- The Federal share of the cost of carrying out an activity described in subsection (a) shall be 6(1) shall be 75 percent.CommentsClose CommentsPermalink
(2) NON-FEDERAL SHARE- The non-Federal share of the cost of carrying out an activity described in subsection (a)--(A) shall be 35 percent; and(B) may be provided in cash or in- may be provided in cash or in kind.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to the Secretary to carry out this section $12,000,000.CommentsClose CommentsPermalink
SEC. 5021 SEC. 5105. HACKENSACK MEADOWLANDS AREA, NEW JERSEY. CommentsClose CommentsPermalink
Section 324 of the Water Resources Development Act of 1992 (106 Stat. 4849; 110 Stat. 3779) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `design' and inserting `planning, design,'; andCommentsClose CommentsPermalink
(B) by striking `Hackensack Meadowlands Development' and all that follows through `Plan for' and inserting `New Jersey Meadowlands Commission for the development of an environmental improvement program for';CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the subsection heading by striking `Required';CommentsClose CommentsPermalink
(B) by striking `shall' and inserting `may';CommentsClose CommentsPermalink
(C) by striking paragraph (1) and inserting the following:CommentsClose CommentsPermalink
`(1) Restoration and acquisitions of significant wetlands and aquatic habitat that contribute to the Meadowlands ecosystem.';CommentsClose CommentsPermalink
(D) in paragraph (2) by inserting `and aquatic habitat' before the period at the end; andCommentsClose CommentsPermalink
(E) by striking paragraph (7) and inserting the following:CommentsClose CommentsPermalink
`(7) Research, development, and implementation for a water quality improvement program, including restoration of hydrology and tidal flows and remediation of hot spots and other sources of contaminants that degrade existing or planned sites.';CommentsClose CommentsPermalink
(3) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking `non-Federal sponsor' and inserting `non-Federal interest'; andCommentsClose CommentsPermalink
(B) by inserting before the last sentence the following: `The non-Federal interest may also provide in-kind services not to exceed the non-Federal share of the total project cost.';CommentsClose CommentsPermalink
(4) by redesignating subsection (d) as subsection (e);CommentsClose CommentsPermalink
(5) by inserting after subsection (c) the following:CommentsClose CommentsPermalink
`(d) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(6) in subsection (e) (as redesignated by paragraph (4) of this subsection) by striking `$5,000,000' and inserting `$20,000,000'.CommentsClose CommentsPermalink
SEC. 5106. ATLANTIC COAST OF NEW YORK.CommentsClose CommentsPermalink
(a) Development of Program- Section 404(a) of the Water Resources Development Act of 1992 (106 Stat. 4863) is amended--CommentsClose CommentsPermalink
(1) by striking `processes' and inserting `and related environmental processes';CommentsClose CommentsPermalink
(2) by inserting after `Atlantic Coast' the following: `(and associated back bays)';CommentsClose CommentsPermalink
(3) by inserting after `actions' the following: `, environmental restoration or conservation measures for coastal and back bays,'; andCommentsClose CommentsPermalink
(4) by adding at the end the following: `The plan for collecting data and monitoring information included in such annual report shall be coordinated with and agreed to by appropriate agencies of the State of New York.'.CommentsClose CommentsPermalink
(b) Annual Reports- Section 404(b) of such Act is amended--CommentsClose CommentsPermalink
(1) by striking `Initial Plan- Not later than 12 months after the date of the enactment of this Act, the' and inserting `Annual Reports- The';CommentsClose CommentsPermalink
(2) by striking `initial plan for data collection and monitoring' and inserting `annual report of data collection and monitoring activities'; andCommentsClose CommentsPermalink
(3) by striking the last sentence.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Section 404(c) of such Act (113 Stat. 341) is amended by striking `and an additional total of $2,500,000 for fiscal years thereafter' and inserting `$2,500,000 for fiscal years 2000 through 2004, and $7,500,000 for fiscal years beginning after September 30, 2004,'.CommentsClose CommentsPermalink
(d) Tsunami Warning System- Section 404 of the Water Resources Development Act of 1992 (106 Stat. 4863) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(d) Tsunami Warning System- There is authorized to be appropriated $800,000 for the Secretary to carry out a project for a tsunami warning system, Atlantic Coast of New York.'.CommentsClose CommentsPermalink
SEC. 5107. COLLEGE POINT, NEW YORK CITY, NEW YORK.CommentsClose CommentsPermalink
In carrying out section 312 of the Water Resources Development Act of 1990 (104 Stat. 4639), the Secretary shall give priority to work in College Point, New York City, New York.CommentsClose CommentsPermalink
SEC. 5108. FLUSHING BAY AND CREEK, NEW YORK CITY, NEW YORK.CommentsClose CommentsPermalink
The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 5109. HUDSON RIVER, NEW YORK.CommentsClose CommentsPermalink
The Secretary may participate with the State of New York, New York City, and the Hudson River Park Trust in carrying out activities to restore critical marine habitat, improve safety, and protect and rehabilitate critical infrastructure with respect to the Hudson River. There is authorized to be appropriated $10,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5110. MOUNT MORRIS DAM, NEW YORK.CommentsClose CommentsPermalink
As part of the operation and maintenance of the Mount Morris Dam, New York, the Secretary may make improvements to the access road for the dam to provide safe access to a Federal visitor's center.CommentsClose CommentsPermalink
SEC. 5111. NORTH HEMPSTEAD AND GLEN COVE NORTH SHORE WATERSHED RESTORATION, NEW YORK.CommentsClose CommentsPermalink
(a) In General- The Secretary may participate in the ecosystem restoration, navigation, flood damage reduction, and recreation components of the North Hempstead and Glen Cove North Shore watershed restoration, New York.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5112. ROCHESTER, NEW YORK.CommentsClose CommentsPermalink
(a) In General- The Secretary may participate in the ecosystem restoration, navigation, flood damage reduction, and recreation components of the Port of Rochester waterfront revitalization project, Rochester, New York.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5113. NORTH CAROLINA.CommentsClose CommentsPermalink
(a) Establishment of Program- The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the State of North Carolina.CommentsClose CommentsPermalink
(b) Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for environmental infrastructure and resource protection and development projects in North Carolina, including projects for--CommentsClose CommentsPermalink
(1) wastewater treatment and related facilities;CommentsClose CommentsPermalink
(2) combined sewer overflow, water supply, storage, treatment, and related facilities;CommentsClose CommentsPermalink
(3) drinking water infrastructure including treatment and related facilities;CommentsClose CommentsPermalink
(4) environmental restoration;CommentsClose CommentsPermalink
(5) stormwater infrastructure; andCommentsClose CommentsPermalink
(6) surface water resource protection and development.CommentsClose CommentsPermalink
(c) Public Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(d) Project Cooperationartnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a project cooperationartnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each project cooperation agreemenartnership agreement for a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities development plan or resource protection plan, including appropriate plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of thea project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR DESIGN WORK- The non-Federal interest shall receive credit,WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of the costs of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project costs.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly- owned or -controlled land).CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(e) Applicability of Other Federal and State Laws- Nothing in this section waives, limits, or otherwise affectsshall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $13,000,000.CommentsClose CommentsPermalink
SEC. 5022 SEC. 5114. STANLY COUNTY, NORTH CAROLINA. CommentsClose CommentsPermalink
Section 219(f)(64) of the Water Resources Development Act of 1992 (114 Stat. 2763A-221) is amended by inserting `water and' before `wastewater'.CommentsClose CommentsPermalink
SEC. 5115. JOHN H. KERR DAM AND RESERVOIR, NORTH CAROLINA.CommentsClose CommentsPermalink
The Secretary shall expedite the completion of the calculations necessary to negotiate and execute a revised, permanent contract for water supply storage at John H. Kerr Dam and Reservoir, North Carolina, among the Secretary and the Kerr Lake Regional Water System and the city of Henderson, North Carolina.CommentsClose CommentsPermalink
SEC. 5116. CINCINNATI, OHIO.CommentsClose CommentsPermalink
(a) In General- The Secretary may undertake the ecosystem restoration and recreation components of the Central Riverfront Park Master Plan, dated December 1999, at a total cost of $30,000,000.CommentsClose CommentsPermalink
(b) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 5117. OHIO RIVER BASIN ENVIRONMENTAL MANAGEMENT.CommentsClose CommentsPermalink
(a) Definitions- In this section, the following definitions apply:CommentsClose CommentsPermalink
(1) OHIO RIVER BASIN- The term `Ohio River Basin' means the Ohio River, its backwaters, its side channels, and all tributaries (including their watersheds) that drain into the Ohio River and encompassing areas of any of the States of Indiana, Ohio, Kentucky, Pennsylvania, West Virginia, Illinois, New York, and Virginia.CommentsClose CommentsPermalink
(2) COMPACT- The term `Compact' means the Ohio River Watershed Sanitation Commission flood and pollution control compact between the States of Indiana, West Virginia, Ohio, Kentucky, Pennsylvania, New York, Illinois, and Virginia, approved by Congress in 1936 pursuant to the first section of the Act of June 8, 1936 (
(b) Assistance- The Secretary may provide planning, design, and construction assistance to the Compact for the improvement of the quality of the environment in and along the Ohio River Basin.CommentsClose CommentsPermalink
(c) Priorities- In providing assistance under this section, the Secretary shall give priority to reducing or eliminating the presence of organic pollutants in the Ohio River Basin through the renovation and technological improvement of the organic detection system monitoring stations along the Ohio River in the States of Indiana, Ohio, West Virginia, Kentucky, and Pennsylvania.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $2,500,000.CommentsClose CommentsPermalink
SEC. 5023 SEC. 5118. TOUSSAINT RIVER NAVIGATION PROJECT, CARROLL TOWNSHIP, OHIO. CommentsClose CommentsPermalink
(a) In General- The costs of operation and maintenance activities for the Toussaint River Federal navigation project, Carroll Township, Ohio, that are carried out in accordance with section 107 of the River and Harbor Act of 1960 (
(b) Calculation of Total Costs- The Secretary shall not consider the additional costs of dredging due to the presence of unexploded ordnance when calculating the costs of the project referred to in subsection (a) for the purposes of section 107(b) of such Act (
SEC. 5119. STATEWIDE COMPREHENSIVE WATER PLANNING, OKLAHOMA.CommentsClose CommentsPermalink
(a) In General- The Secretary shall provide technical assistance for the development of updates of the Oklahoma Comprehensive Water Pcomprehensive water plan.CommentsClose CommentsPermalink
(b) Technical Assistance- Technical assistance provided under subsection (a) may include--CommentsClose CommentsPermalink
(1) acquisition of hydrologic data, groundwater characterization, database development, and data distribution;CommentsClose CommentsPermalink
(2) expansion of surface water and groundwater monitoring networks;CommentsClose CommentsPermalink
(3) assessment of existing water resources, surface water storage, and groundwater storage potential;CommentsClose CommentsPermalink
(4) numerical analysis and modeling necessary to provide an integrated understanding of water resources and water management options;CommentsClose CommentsPermalink
(5) participation in State planning forums and planning groups;CommentsClose CommentsPermalink
(6) coordination of Federal water management planning efforts; andCommentsClose CommentsPermalink
(7) technical review of data, models, planning scenarios, and water plans developed by the State.CommentsClose CommentsPermalink
(c) Allocation- The Secretary shall allocate, subject to the availability of appropriations, $6,500,000 to provide technical assistance and for the development of updates of the Oklahoma Ccomprehensive water plan.CommentsClose CommentsPermalink
(d) Cost Sharing Requirement- The non-Federal share of the total cost of any activity carried out under this section--CommentsClose CommentsPermalink
(1) shall be 25 percent; andCommentsClose CommentsPermalink
(2) may be in the form of cash or any in-kind services that the Secretary determines would contribute substantially toward the conduct and completion of the activity assisted.CommentsClose CommentsPermalink
SEC. 5024 SEC. 5120. FERN RIDGE DAM, OREGON. CommentsClose CommentsPermalink
The Secretary may treat all work carried out for emergency corrective actions to repair the embankment dam at the Fern Ridge Lake project, Oregon, as a dam safety project. The cost of work carried out may be recovered in accordance with section 1203 of the Water Resources Development Act of 1986 (
SEC. 5121. ALLEGHENY COUNTY, PENNSYLVANIA.CommentsClose CommentsPermalink
Section 219(f)(66) of the Water Resources Development Act of 1992 (114 Stat. 2763A-221) is amended--CommentsClose CommentsPermalink
(1) by striking `$20,000,000' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- $20,000,000';CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(B) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(3) by aligning the remainder of the text of subparagraph (A) (as designated by paragraph (1) of this section) with subparagraph (B) (as added by paragraph (2) of this section).CommentsClose CommentsPermalink
SEC. 5122. CLINTON COUNTY, PENNSYLVANIA.CommentsClose CommentsPermalink
Section 219(f)(13) of the Water Resources Development Act of 1992 (113 Stat. 335) is amended by striking `$1,000,000' and inserting `$2,000,000'.CommentsClose CommentsPermalink
SEC. 5123. KEHLY RUN DAMS, PENNSYLVANIA.CommentsClose CommentsPermalink
Section 504(a)(2) of the Water Resources Development Act of 1999 (113 Stat. 338; 117 Stat. 1842) is amended by striking `Dams' and inserting `Dams No. 1-5'.CommentsClose CommentsPermalink
SEC. 5124. LEHIGH RIVER, LEHIGH COUNTY, PENNSYLVANIA.CommentsClose CommentsPermalink
The Secretary shall use existing water quality data to model the effects of the Francis E. Walter Dam, at different water levels, to determine its impact on water and related resources in and along the Lehigh River in Lehigh County, Pennsylvania. There is authorized to be appropriated $500,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5125. NORTHEAST PENNSYLVANIA.CommentsClose CommentsPermalink
Section 219(f)(11) of the Water Resources Development Act of 1992 (113 Stat. 335) is amended by striking `and Monroe' and inserting `Northumberland, Union, Snyder, Luzerne, and Monroe'.CommentsClose CommentsPermalink
SEC. 5126. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.CommentsClose CommentsPermalink
(a) Study and Strategy Development- Section 567(a) of the Water Resources Development Act of 1996 (110 Stat. 3787; 114 Stat. 2662) is amended--CommentsClose CommentsPermalink
(1) in the matter preceding paragraph (1) by inserting `and carry out' after `develop'; andCommentsClose CommentsPermalink
(2) in paragraph (2) by striking `$10,000,000.' and inserting `$20,000,000, of which the Secretary may utilize not more than $5,000,000 to design and construct feasible pilot projects during the development of the strategy to demonstrate alternative approaches for the strategy. The total cost for any single pilot project may not exceed $500,000. The Secretary shall evaluate the results of the pilot projects and consider the results in the development of the strategy.'.CommentsClose CommentsPermalink
(b) Partnership Agreements- Section 567(c) of such Act (114 Stat. 2662) is amended--CommentsClose CommentsPermalink
(1) in the subsection heading by striking `Cooperation' and inserting `Partnership'; andCommentsClose CommentsPermalink
(2) in the first sentence--CommentsClose CommentsPermalink
(A) by inserting `and carrying out' after `developing'; andCommentsClose CommentsPermalink
(B) by striking `cooperation' and inserting `cost-sharing and partnership'.CommentsClose CommentsPermalink
(c) Implementation of Strategy- Section 567(d) of such Act (114 Stat. 2663) is amended--CommentsClose CommentsPermalink
(1) by striking `The Secretary' and inserting the following:CommentsClose CommentsPermalink
`(1) IN GENERAL- The Secretary';CommentsClose CommentsPermalink
(2) in the second sentence of paragraph (1) (as so designated)--CommentsClose CommentsPermalink
(A) by striking `implement' and inserting `carry out'; andCommentsClose CommentsPermalink
(B) by striking `implementing' and inserting `carrying out';CommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(2) PRIORITY PROJECT- In carrying out projects to implement the strategy, the Secretary shall give priority to the project for ecosystem restoration, Cooperstown, New York, described in the Upper Susquehanna River Basin--Cooperstown Area Ecosystem Restoration Feasibility Study, dated December 2004, prepared by the Corps of Engineers and the New York State department of environmental conservation.'; andCommentsClose CommentsPermalink
(4) by aligning the remainder of the text of paragraph (1) (as designated by paragraph (1) of this subsection) with paragraph (2) (as added by paragraph (3) of this subsection).CommentsClose CommentsPermalink
(d) Credit- Section 567 of such Act (110 Stat. 3787; 114 Stat. 2662) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(e) Credit- The Secretary shall credit toward the non-Federal share of the cost of a project under this section--CommentsClose CommentsPermalink
`(1) in accordance with section 221 of the Flood Control Act of 1970 (
`(2) the cost of in-kind services and materials provided for the project by the non-Federal interest.'.CommentsClose CommentsPermalink
SEC. 5127. CANO MARTIN PENA, SAN JUAN, PUERTO RICO.CommentsClose CommentsPermalink
The Secretary shall review a report prepared by the non-Federal interest concerning flood protection and environmental restoration for Cano Martin Pena, San Juan, Puerto Rico, and, if the Secretary determines that the report meets the evaluation and design standards of the Corps of Engineers and that the project is feasible, the Secretary may carry out the project at a total cost of $150,000,000.CommentsClose CommentsPermalink
SEC. 5128. LAKES MARION AND MOULTRIE, SOUTH CAROLINA.CommentsClose CommentsPermalink
Section 219(f)(25) of the Water Resources Development Act of 1992 (113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838) is amended by striking `$35,000,000' and inserting `$60,000,000'.CommentsClose CommentsPermalink
SEC. 5129. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND TERRESTRIAL WILDLIFE HABITAT RESTORATION, SOUTH DAKOTA.CommentsClose CommentsPermalink
(a) Disbursement Provisions of State of South Dakota and Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Funds- Section 602(a)(4) of the Water Resources Development Act of 1999 (113 Stat. 386) is amended--CommentsClose CommentsPermalink
(1) in subparagraph (A)--CommentsClose CommentsPermalink
(A) in clause (i), by inserting `and the Secretary of the Treasury' after `Secretary'; andCommentsClose CommentsPermalink
(B) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink
`(ii) AVAILABILITY OF FUNDS- On notification in accordance with clause (i), the Secretary of the Treasury shall make available to the State of South Dakota funds from the State of South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund established under section 603, to be used to carry out the plan for terrestrial wildlife habitat restoration to be used to carry out the plan for terrestrial wildlife habitat restoration submitted by the State of South Dakota after the State certifies to the Secretary of the Treasury that the funds to be disbursed will be used in accordance with section 603(d)(3) and only after the Trust Fund is fully capitalized.'; andCommentsClose CommentsPermalink
(2) in subparagraph (B), by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink
`(ii) AVAILABILITY OF FUNDS- On notification in accordance with clause (i), the Secretary of the Treasury shall make available to the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe funds from the Cheyenne River Sioux Terrestrial Wildlife Habitat Restoration Trust Fund and the Lower Brule Sioux Terrestrial Wildlife Habitat Restoration Trust Fund, respectively, established under section 604, to be used to carry out the plans for terrestrial wildlife habitat restoration submitted by the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe, respectively, after the to after the respective tribe certifies to the Secretary of the Treasury that the funds to be disbursed will be used in accordance with section 604(d)(3) and only after the Trust Fund is fully capitalized.'.CommentsClose CommentsPermalink
(b) Investment Provisions of State of Souththe State of South Dakota Terrestrial Wildlife Restoration Trust Fund- Section 603 of the Water Resources Development Act of 1999 (113 Stat. 388; 114 Stat. 2664) is amended--CommentsClose CommentsPermalink
(1) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink
`(c) Investments-CommentsClose CommentsPermalink
`(1) ELIGIBLE OBLIGATIONS- Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under subsection (b) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Fund.CommentsClose CommentsPermalink
`(2) INVESTMENT REQUIREMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary of the Treasury shall invest the Fund in accordance with all of the requirements of this paragraph.`(B)amounts in the Fund in accordance with the requirements of this paragraph.CommentsClose CommentsPermalink
`(B) SEPARATE INVESTMENTS OF PRINCIPAL AND INTEREST-CommentsClose CommentsPermalink
`(i) PRINCIPAL ACCOUNT- The amounts deposited in the Fund under subsection (b) shall be credited to an account within the Fund (referred to in this paragraph as the `principal account') and invested as provided in subparagraph (C).CommentsClose CommentsPermalink
`(ii) INTEREST ACCOUNT- The interest earned from investing amounts in the principal account of the Fund shall be transferred to a separate account within the Fund (referred to in this paragraph as the `interest account') and invested as provided in subparagraph (D).CommentsClose CommentsPermalink
`(iii) CREDITING- The interest earned from investing amounts in the interest account of the Fund shall be credited to the interest account.CommentsClose CommentsPermalink
`(C) INVESTMENT OF PRINCIPAL ACCOUNT-CommentsClose CommentsPermalink
`(i) INITIAL INVESTMENT- Each amount deposited in the principal account of the Fund shall be invested initially in eligible obligations having the shortest maturity then available until the date on which the amount is divided into 3 substantially equal portions and those portions are invested in eligible obligations that are identical (except for transferability) to the next-issued publicly issued Treasury obligations having a 2-year maturity, a 5-year maturity, and a 10-year maturity, respectively.CommentsClose CommentsPermalink
`(ii) SUBSEQUENT INVESTMENT- As each 2-year, 5-year, and 10-year eligible obligation matures, the principal of the maturing eligible obligation shall also be invested initially in the shortest-maturity eligible obligation then available until the principal is reinvested substantially equally in the eligible obligations that are identical (except for transferability) to the next-issued publicly issued Treasury obligations having 2-year, 5-year, and 10-year maturities.CommentsClose CommentsPermalink
`(iii) DISCONTINUANCE OF ISSUANCE OF OBLIGATIONS- If the Department of the Treasury discontinues issuing to the public obligations having 2-year, 5-year, or 10-year maturities, the principal of any maturing eligible obligation shall be reinvested substantially equally in eligible obligations that are identical (except for transferability) to the next-issued publicly issued Treasury obligations of the maturities longer than 1 year then available.CommentsClose CommentsPermalink
`(D) INVESTMENT OF INTEREST ACCOUNT-CommentsClose CommentsPermalink
`(i) BEFORE FULL CAPITALIZATION- Until the date on which the Fund is fully capitalized, amounts in the interest account of the Fund shall be invested in eligible obligations that are identical (except for transferability) to publicly issued Treasury obligations that have maturities that coincide, to the maximum extent practicable, with the date on which the Fund is expected to be fully capitalized.CommentsClose CommentsPermalink
`(ii) AFTER FULL CAPITALIZATION- On and after the date on which the Fund is fully capitalized, amounts in the interest account of the Fund shall be invested and reinvested in eligible obligations having the shortest maturity then available until the amounts are withdrawn and transferred to fund the activities authorized under subsection (d)(3).CommentsClose CommentsPermalink
`(E) PAR PURCHASE PRICE- The price to be paid for eligible obligations purchased as investments of the principal account shall not exceed the par value of the obligations so that the amount of the principal account shall be preserved in perpetuity.CommentsClose CommentsPermalink
`(F) HIGHEST YIELD- Among eligible obligations having the same maturity and purchase price, the obligation to be purchased shall be the obligation having the highest yield.CommentsClose CommentsPermalink
`(G) HOLDING TO MATURITY- Eligible obligations purchased shall generally be held to their maturities.CommentsClose CommentsPermalink
`(3) ANNUAL REVIEW OF INVESTMENT ACTIVITIES- Not less frequently than once each calendar year, the Secretary of the Treasury shall review with the State of South Dakota the results of the investment activities and financial status of the Fund during the preceding 12-month period.CommentsClose CommentsPermalink
`(4) AUDITS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The activities of the State of South Dakota (referred to in this subsection as the `State') in carrying out the plan of the State for terrestrial wildlife habitat restoration under section 602(a) shall be audited as part of the annual audit that the State is required to prepare under the Office of Management and Budget Circular A-133 (or a successor circulation).CommentsClose CommentsPermalink
`(B) DETERMINATION BY AUDITORS- An auditor that conducts an audit under subparagraph (A) shall--CommentsClose CommentsPermalink
`(i) determine whether funds received by the State under this section during the period covered by the audit were used to carry out the plan of the State in accordance with this section; andCommentsClose CommentsPermalink
`(ii) include the determination under clause (i) in the written findings of the audit.CommentsClose CommentsPermalink
`(5) MODIFICATION OF INVESTMENT REQUIREMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- If the Secretary of the Treasury determines that meeting the requirements under paragraph (2) with respect to the investment of a Fund is not practicable, or would result in adverse consequences for the Fund, the Secretary shall modify the requirements, as the Secretary determines to be necessary.CommentsClose CommentsPermalink
`(B) CONSULTATION- Before modifying a requirement under subparagraph (A), the Secretary of the Treasury shall consult with the State regarding the proposed modification.';CommentsClose CommentsPermalink
(2) in subsection (d)(2), by inserting `of the Treasury' after by inserting `of the Treasury' after `Secretary'; andCommentsClose CommentsPermalink
(3) by striking subsection (f) and inserting the following:CommentsClose CommentsPermalink
`(f) Administrative Expenses- There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary of the Treasury, to the Secretary of the Treasury to pay expenses associated with investing the Fund and auditing the uses of amounts withdrawn from the Fund--CommentsClose CommentsPermalink
`(1) up to $500,000 for each of fiscal years 2006 and 2007; andCommentsClose CommentsPermalink
`(2) such sums as are necessary for each subsequent fiscal year.'.CommentsClose CommentsPermalink
(c) Investment Provisions for Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Trust Funds- Section 604 of the Water Resources Development Act of 1999 (113 Stat. 389; 114 Stat. 2665) is amended--CommentsClose CommentsPermalink
(1) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink
`(c) Investments-CommentsClose CommentsPermalink
`(1) ELIGIBLE OBLIGATIONS- Notwithstanding any other provision of law, the Secretary of the Treasury shall invest the amounts deposited under subsection (b) and the interest earned on those amounts only in interest-bearing obligations of the United States issued directly to the Funds.CommentsClose CommentsPermalink
`(2) INVESTMENT REQUIREMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The Secretary of the Treasury shall invest the amounts in each of the Funds in accordance with all of the requirements of this paragraph.`(B)the requirements of this paragraph.CommentsClose CommentsPermalink
`(B) SEPARATE INVESTMENTS OF PRINCIPAL AND INTEREST-CommentsClose CommentsPermalink
`(i) PRINCIPAL ACCOUNT- The amounts deposited in each Fund under subsection (b) shall be credited to an account within the Fund (referred to in this paragraph as the `principal account') and invested as provided in subparagraph (C).CommentsClose CommentsPermalink
`(ii) INTEREST ACCOUNT- The interest earned from investing amounts in the principal account of each Fund shall be transferred to a separate account within the Fund (referred to in this paragraph as the `interest account') and invested as provided in subparagraph (D).CommentsClose CommentsPermalink
`(iii) CREDITING- The interest earned from investing amounts in the interest account of each Fund shall be credited to the interest account.CommentsClose CommentsPermalink
`(C) INVESTMENT OF PRINCIPAL ACCOUNT-CommentsClose CommentsPermalink
`(i) INITIAL INVESTMENT- Each amount deposited in the principal account of each Fund shall be invested initially in eligible obligations having the shortest maturity then available until the date on which the amount is divided into 3 substantially equal portions and those portions are invested in eligible obligations that are identical (except for transferability) to the next-issued publicly issued Treasury obligations having a 2-year maturity, a 5-year maturity, and a 10-year maturity, respectively.CommentsClose CommentsPermalink
`(ii) SUBSEQUENT INVESTMENT- As each 2-year, 5-year, and 10-year eligible obligation matures, the principal of the maturing eligible obligation shall also be invested initially in the shortest-maturity eligible obligation then available until the principal is reinvested substantially equally in the eligible obligations that are identical (except for transferability) to the next-issued publicly issued Treasury obligations having 2-year, 5-year, and 10-year maturities.CommentsClose CommentsPermalink
`(iii) DISCONTINUATION OF ISSUANCE OF OBLIGATIONS- If the Department of the Treasury discontinues issuing to the public obligations having 2-year, 5-year, or 10-year maturities, the principal of any maturing eligible obligation shall be reinvested substantially equally in eligible obligations that are identical (except for transferability) to the next-issued publicly issued Treasury obligations of the maturities longer than 1 year then available.CommentsClose CommentsPermalink
`(D) INVESTMENT OF THE INTEREST ACCOUNT-CommentsClose CommentsPermalink
`(i) BEFORE FULL CAPITALIZATION- Until the date on which each Fund is fully capitalized, amounts in the interest account of the Fund shall be invested in eligible obligations that are identical (except for transferability) to publicly issued Treasury obligations that have maturities that coincide, to the maximum extent practicable, with the date on which the Fund is expected to be fully capitalized.CommentsClose CommentsPermalink
`(ii) AFTER FULL CAPITALIZATION- On and after the date on which each Fund is fully capitalized, amounts in the interest account of the Fund shall be invested and reinvested in eligible obligations having the shortest maturity then available until the amounts are withdrawn and transferred to fund the activities authorized under subsection (d)(3).CommentsClose CommentsPermalink
`(E) PAR PURCHASE PRICE- The price to be paid for eligible obligations purchased as investments of the principal account shall not exceed the par value of the obligations so that the amount of the principal account shall be preserved in perpetuity.CommentsClose CommentsPermalink
`(F) HIGHEST YIELD- Among eligible obligations having the same maturity and purchase price, the obligation to be purchased shall be the obligation having the highest yield.CommentsClose CommentsPermalink
`(G) HOLDING TO MATURITY- Eligible obligations purchased shall generally be held to their maturities.CommentsClose CommentsPermalink
`(3) ANNUAL REVIEW OF INVESTMENT ACTIVITIES- Not less frequently than once each calendar year, the Secretary of the Treasury shall review with the Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe (referred to in this subsection as the `Tribes') the results of the investment activities and financial status of the Funds during the preceding 12-month period.CommentsClose CommentsPermalink
`(4) AUDITS-CommentsClose CommentsPermalink
`(A) IN GENERAL- The activities of the Tribes in carrying out the plans of the Tribes for terrestrial wildlife habitat restoration under section 602(a) shall be audited as part of the annual audit that the Tribes are required to prepare under the Office of Management and Budget Circular A-133 (or a successor circulation).CommentsClose CommentsPermalink
`(B) DETERMINATION BY AUDITORS- An auditor that conducts an audit under subparagraph (A) shall--CommentsClose CommentsPermalink
`(i) determine whether funds received by the Tribes under this section during the period covered by the audit were used to carry out the plan of the appropriate Tribe in accordance with this section; andCommentsClose CommentsPermalink
`(ii) include the determination under clause (i) in the written findings of the audit.CommentsClose CommentsPermalink
`(5) MODIFICATION OF INVESTMENT REQUIREMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- If the Secretary of the Treasury determines that meeting the requirements under paragraph (2) with respect to the investment of a Fund is not practicable, or would result in adverse consequences for the Fund, the Secretary shall modify the requirements, as the Secretary determines to be necessary.CommentsClose CommentsPermalink
`(B) CONSULTATION- Before modifying a requirement under subparagraph (A), the Secretary of the Treasury shall consult with the Tribes regarding the proposed modification.'; andCommentsClose CommentsPermalink
(2) by striking subsection (f) and inserting the following:CommentsClose CommentsPermalink
`(f) Administrative Expenses- There are authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary of the Treasury to pay expenses associated with investing the Funds and auditing the uses of amounts withdrawn from the Funds--CommentsClose CommentsPermalink
`(1) up to $500,000 for each of fiscal years 2006 and 2007; andCommentsClose CommentsPermalink
`(2) such sums as are necessary for each subsequent fiscal year.'.CommentsClose CommentsPermalink
SEC. 5025 SEC. 5130. EAST TENNESSEE. CommentsClose CommentsPermalink
(a) East Tennessee Defined- In this section, the term `East Tennessee' means the counties of Blount, Knox, Loudon, McMinn, Monroe, and Sevier, Tennessee.CommentsClose CommentsPermalink
(b) Establishment of Program- The Secretary may establish a program to provide environmental assistance to non-Federal interests in East Tennessee.CommentsClose CommentsPermalink
(c) Form of Assistance- Assistance provided under this section may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in East Tennessee, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.CommentsClose CommentsPermalink
(d) Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(e) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each partnership agreement for a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of a project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share of the project cost.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project cost (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(f) Applicability of Other Federal and State Laws- Nothing in this section shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(g) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
(h) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $40,000,000.CommentsClose CommentsPermalink
SEC. 5131. FRITZ LANDING, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall--CommentsClose CommentsPermalink
(1) conduct a study of the Fritz Landing Agricultural Spur Levee, Tennessee, to determine the extent of levee modifications that would be required to make the levee and associated drainage structures consistent with Federal standards;CommentsClose CommentsPermalink
(2) design and construct such modifications; andCommentsClose CommentsPermalink
(3) after completion of such modifications, incorporate the levee into the project for flood control, Mississippi River and Tributaries, authorized by the Act entitled `An Act for the control of floods on the Mississippi River and its tributaries, and for other purposes', approved May 15, 1928 (45 Stat. 534-539).CommentsClose CommentsPermalink
SEC. 5132. J. PERCY PRIEST DAM AND RESERVOIR, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall plan, design, and construct a trail system at the J. Percy Priest Dam and Reservoir, Tennessee, authorized by section 4 of the Act entitled `An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes', approved June 28, 1938 (52 Stat. 1217), and adjacent public property, including design and construction of support facilities. In carrying out such improvements, the Secretary is authorized to use funds made available by the State of Tennessee from any Federal or State source, or both.CommentsClose CommentsPermalink
SEC. 5133. NASHVILLE, TENNESSEE.CommentsClose CommentsPermalink
(a) In General- The Secretary may participate in the ecosystem restoration, recreation, navigation, and flood damage reduction components of the Nashville Riverfront Concept Plan, dated February 2007.CommentsClose CommentsPermalink
(b) Coordination- In carrying out this section, the Secretary shall coordinate with appropriate representatives in the vicinity of Nashville, Tennessee, including the Nashville Parks and Recreation Department, the city of Nashville, and Davidson County.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5134. NONCONNAH WEIR, MEMPHIS, TENNESSEE.CommentsClose CommentsPermalink
The project for flood control, Nonconnah Creek, Tennessee and Mississippi, authorized by section 401 of the Water Resources Development Act of 1986 (100 Stat. 4124) and modified by the section 334 of the Water Resources Development Act of 2000 (114 Stat. 2611), is modified to authorize the Secretary--CommentsClose CommentsPermalink
(1) to reconstruct, at Federal expense, the weir originally constructed in the vicinity of the mouth of Nonconnah Creek; andCommentsClose CommentsPermalink
(2) to make repairs and maintain the weir in the future so that the weir functions properly.CommentsClose CommentsPermalink
SEC. 5135. TENNESSEE RIVER PARTNERSHIP.CommentsClose CommentsPermalink
(a) In General- As part of the operation and maintenance of the project for navigation, Tennessee River, Tennessee, Alabama, Mississippi, and Kentucky, authorized by the first section of the River and Harbor Act of July 3, 1930 (46 Stat. 927), the Secretary may enter into a partnership with a nonprofit entity to remove debris from the Tennessee River in the vicinity of Knoxville, Tennessee, by providing a vessel to such entity, at Federal expense, for such debris removal purposes.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $500,000.CommentsClose CommentsPermalink
SEC. 5136. TOWN CREEK, LENOIR CITY, TENNESSEE.CommentsClose CommentsPermalink
The Secretary shall design and construct the project for flood damage reduction designated as Alternative 4 in the Town Creek, Lenoir City, Loudon County, Tennessee, feasibility report of the Nashville district engineer, dated November 2000, under the authority of section 205 of the Flood Control Act of 1948 (
SEC. 5137. UPPER MISSISSIPPI EMBAYMENT, TENNESSEE, ARKANSAS, AND MISSISSIPPI.CommentsClose CommentsPermalink
The Secretary may participate with non-Federal and nonprofit entities to address issues concerning managing groundwater as a sustainable resource through the Upper Mississippi Embayment, Tennessee, Arkansas, and Mississippi, and to coordinate the protection of groundwater supply and groundwater quality of the Embayment with local surface water protection programs. There is authorized to be appropriated $5,000,000 to carry out this section.CommentsClose CommentsPermalink
SEC. 5138. TEXAS.CommentsClose CommentsPermalink
(a) Establishment of Program- The Secretary shall establish a program to provide environmental assistance to non-Federal interests in the State of Texas.CommentsClose CommentsPermalink
(b) Form of Assistance- Assistance provided under this section may be in the form of planning, design, and construction assistance for water-related environmental infrastructure and resource protection and development projects in Texas, including projects for water supply, storage, treatment, and related facilities, water quality protection, wastewater treatment, and related facilities, environmental restoration, and surface water resource protection, and development, as identified by the Texas Water Development Board.CommentsClose CommentsPermalink
(c) Public Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(d) Partnership Agreements- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest.CommentsClose CommentsPermalink
(e) Cost Sharing-CommentsClose CommentsPermalink
(1) IN GENERAL- The Federal share of the cost of the project under this section--CommentsClose CommentsPermalink
(A) shall be 75 percent; andCommentsClose CommentsPermalink
(B) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(2) IN-KIND SERVICES- The non-Federal share may be provided in the form of materials and in-kind services, including planning, design, construction, and management services, as the Secretary determines to be compatible with, and necessary for, the project.CommentsClose CommentsPermalink
(3) CREDIT FOR DESIGN WORK- The non-Federal interest shall receive credit for the reasonable costs of design work completed by the non-Federal interest before entering into a local cooperation agreement with the Secretary for aWORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(4) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs.CommentsClose CommentsPermalink
(5) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(f) Applicability of Other Federal and State Laws- Nothing in this section waives, limits, or otherwise affects the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with ashall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $40,000,000.CommentsClose CommentsPermalink
SEC. 5139. BOSQUE RIVER WATERSHED, TEXAS.CommentsClose CommentsPermalink
(a) Comprehensive Plan- The Secretary, in consultation with appropriate Federal, State, and local entities, shall develop, as expeditiously as practicable, a comprehensive plan for development of new technologies and innovative approaches for restoring, preserving, and protecting the Bosque River watershed within Bosque, Hamilton, McLennan, and Erath Counties, Texas. The Secretary, in cooperation with the Secretary of Agriculture, may carry out activities identified in the comprehensive plan to demonstrate practicable alternatives for stabilization and enhancement of land and water resources in the basin.CommentsClose CommentsPermalink
(b) Services of Nonprofit Institutions and Other Entities- In carrying out subsection (a), the Secretary may utilize, through contracts or other means, the services of nonprofit institutions and such other entities as the Secretary considers appropriate.CommentsClose CommentsPermalink
(c) Non-Federal Share-CommentsClose CommentsPermalink
(1) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(2) DEVELOPMENT OF COMPREHENSIVE PLAN- The non-Federal share of the cost of development of the plan under subsection (a) shall be 25 percent.CommentsClose CommentsPermalink
(3) OPERATION AND MAINTENANCE- The non-Federal share of the cost of operation and maintenance for measures constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000.CommentsClose CommentsPermalink
SEC. 5140. DALLAS COUNTY REGION, TEXAS.CommentsClose CommentsPermalink
(a) Dallas County Region Defined- In this section, the term `Dallas County region' means the city of Dallas, and the municipalities of DeSoto, Duncanville, Lancaster, Wilmer, Hutchins, Balch Springs, Cedar Hill, Glenn Heights, and Ferris, Texas.CommentsClose CommentsPermalink
(b) Establishment of Program- The Secretary may establish a program to provide environmental assistance to non-Federal interests in the Dallas County region.CommentsClose CommentsPermalink
(c) Form of Assistance- Assistance provided under this section.(g may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects in the Dallas County region, including projects for wastewater treatment and related facilities, water supply and related facilities, environmental restoration, and surface water resource protection and development.CommentsClose CommentsPermalink
(d) Ownership Requirement- The Secretary may provide assistance for a project under this section only if the project is publicly owned.CommentsClose CommentsPermalink
(e) Partnership Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- Before providing assistance under this section, the Secretary shall enter into a partnership agreement with a non-Federal interest to provide for design and construction of the project to be carried out with the assistance.CommentsClose CommentsPermalink
(2) REQUIREMENTS- Each partnership agreement for a project entered into under this subsection shall provide for the following:CommentsClose CommentsPermalink
(A) PLAN- Development by the Secretary, in consultation with appropriate Federal and State officials, of a facilities or resource protection and development plan, including appropriate engineering plans and specifications.CommentsClose CommentsPermalink
(B) LEGAL AND INSTITUTIONAL STRUCTURES- Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project by the non-Federal interest.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Federal share of the cost of a project under this section--CommentsClose CommentsPermalink
(i) shall be 75 percent; andCommentsClose CommentsPermalink
(ii) may be provided in the form of grants or reimbursements of project costs.CommentsClose CommentsPermalink
(B) CREDIT FOR WORK- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(C) CREDIT FOR INTEREST- In case of a delay in the funding of the non-Federal share of a project that is the subject of an agreement under this section, the non-Federal interest shall receive credit for reasonable interest incurred in providing the non-Federal share.CommentsClose CommentsPermalink
(D) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OF-WAY- The non-Federal interest shall receive credit for land, easements, rights-of-way, and relocations toward the non-Federal share of project costs (including all reasonable costs associated with obtaining permits necessary for the construction, operation, and maintenance of the project on publicly owned or controlled land), but the credit may not exceed 25 percent of total project costs.CommentsClose CommentsPermalink
(E) OPERATION AND MAINTENANCE- The non-Federal share of operation and maintenance costs for projects constructed with assistance provided under this section shall be 100 percent.CommentsClose CommentsPermalink
(f) Applicability of Other Federal and State Laws- Nothing in this section shall be construed to waive, limit, or otherwise affect the applicability of any provision of Federal or State law that would otherwise apply to a project to be carried out with assistance provided under this section.CommentsClose CommentsPermalink
(g) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
(h) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.CommentsClose CommentsPermalink
(i) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $40,000,000.CommentsClose CommentsPermalink
SEC. 5026 SEC. 5141. DALLAS FLOODWAY, DALLAS, TEXAS. CommentsClose CommentsPermalink
(a) In General- The project for flood control, Trinity River and tributaries, Texas, authorized by section 2 of the Act entitled, `An Act authorizing the construction, repair, and preservation of certain public works on rivers and harbors, and for other purposes', approved March 2, 1945 (59 Stat. 18), is modified to--CommentsClose CommentsPermalink
(1) direct the Secretary to review the Balanced Vision Plan for the Trinity River Corridor, Dallas, Texas, dated December 2003 and amended in March 2004, prepared by the non-Federal interest for the project;CommentsClose CommentsPermalink
(2) direct the Secretary to review the Interior Levee Drainage Study Phase-I report, Dallas, Texas, dated September 2006, prepared by the non-Federal interest; andCommentsClose CommentsPermalink
(3) if the Secretary determines that the project is technically sound and environmentally acceptable, authorize the Secretary to construct the project at a total cost of $459,000,000, with an estimated Federal cost of $298,000,000 and an estimated non-Federal cost of $161,000,000.CommentsClose CommentsPermalink
(b) Credit-CommentsClose CommentsPermalink
(1) IN-KIND CONTRIBUTIONS- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(2) CASH CONTRIBUTIONS- The Secretary shall accept funds provided by the non-Federal interest for use in carrying out planning, engineering, and design for the project. The Federal share of such planning, engineering, and design carried out with non-Federal contributions shall be credited against the non-Federal share of the cost of the project.CommentsClose CommentsPermalink
SEC. 5142. HARRIS COUNTY, TEXAS.CommentsClose CommentsPermalink
Section 575(b) of the Water Resources Development Act of 1996 (110 Stat. 3789; 113 Stat. 311) is amended--CommentsClose CommentsPermalink
(1) in paragraph (3) by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (4) by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding the following:CommentsClose CommentsPermalink
`(5) the project for flood control, Upper White Oak Bayou, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125).'.CommentsClose CommentsPermalink
SEC. 5143. JOHNSON CREEK, ARLINGTON, TEXAS.CommentsClose CommentsPermalink
(a) In General- The project for flood damage reduction, environmental restoration, and recreation, Johnson Creek, Arlington, Texas, authorized by section 101(b)(14) of the Water Resources Development Act of 1999 (113 Stat 280), is modified to authorize the Secretary to construct the project substantially in accordance with the report entitled `Johnson Creek: A Vision of Conservation', dated March 30, 2006, at a total cost of $80,000,000, with an estimated Federal cost of $52,000,000 and an estimated non-Federal cost of $28,000,000, if the Secretary determines that the project is feasible.CommentsClose CommentsPermalink
(b) Non-Federal Share-CommentsClose CommentsPermalink
(1) IN GENERAL- The non-Federal share of the cost of the project may be provided in cash or in the form of in-kind services or materials.CommentsClose CommentsPermalink
(2) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(c) Special Rule- In evaluating and implementing the project, the Secretary shall allow the non-Federal interest to participate in the financing of the project in accordance with section 903(c) of the Water Resources Development Act of 1986 (100 Stat. 4184).CommentsClose CommentsPermalink
(d) Conforming Amendment- Section 134 of the Energy and Water Development Appropriations Act, 2006 (119 Stat. 2263) is repealed.CommentsClose CommentsPermalink
SEC. 5144. ONION CREEK, TEXAS.CommentsClose CommentsPermalink
(a) Inclusion of Costs and Benefits of Relocation of Flood-Prone Residences- In carrying out the study for the project for flood damage reduction, recreation, and ecosystem restoration, Onion Creek, Texas, the Secretary shall include the costs and benefits associated with the relocation of flood-prone residences in the study area for the project in the period beginning 2 years before the date of initiation of the study and ending on the date of execution of the partnership agreement for construction of the project to the extent the Secretary determines such relocations are compatible with the project.CommentsClose CommentsPermalink
(b) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
SEC. 5145. CONNECTICUT RIVER DAMS, VERMONT.CommentsClose CommentsPermalink
(a) In General- The Secretary shall evaluate, design, and constructarry out structural modifications at full FederalFederal cost to the Union Village Dam (Ompompanoosuc River), North Hartland Dam (Ottauquechee River), North Springfield Dam (Black River), Ball Mountain Dam (West River), and Townshend Dam (West River), Vermont, to regulate flow and temperature to mitigate downstream impacts on aquatic habitat and fisheries.CommentsClose CommentsPermalink
(b) Inclusion- During the evaluation and design portion of the modifications authorized by this section, the Secretary shall ensure that a sustainable flow analysis is conducted for each dam.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $30,000,000.CommentsClose CommentsPermalink
SEC. 5027. COST SHARING PROVISIONS FOR THE TERRITORIES SEC. 5146. LAKE CHAMPLAIN CANAL, VERMONT AND NEW YORK. CommentsClose CommentsPermalink
(a) Dispersal Barrier Project- The Secretary shall determine, at Federal expense, the feasibility of a dispersal barrier project at the Lake Champlain Canal, Vermont and New York, to prevent the spread of aquatic nuisance species.CommentsClose CommentsPermalink
(b) Construction, Maintenance, and Operation- If the Secretary determines that the project described in subsection (a) is feasible, the Secretary shall construct, maintain, and operate a dispersal barrier at the Lake Champlain Canal at Federal expense.CommentsClose CommentsPermalink
SEC. 5147. DYKE MARSH, FAIRFAX COUNTY, VIRGINIA.CommentsClose CommentsPermalink
The Secretary shall accept funds from the National Park Service to restore Dyke Marsh, Fairfax County, Virginia.CommentsClose CommentsPermalink
SEC. 5148. EASTERN SHORE AND SOUTHWEST VIRGINIA.CommentsClose CommentsPermalink
Section 1156 of the Water Resources Development Act of 1986 (
(1) by striking `The Secretary' and inserting the following:`(a) In General- The Secretary'; and$20,000,000 for water supply and wastewater infrastructure' and inserting the following:CommentsClose CommentsPermalink
`(A) IN GENERAL- $20,000,000 for water supply, wastewater infrastructure, and environmental restoration';CommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(B) CREDIT- The Secretary shall credit, in accordance with section 221 of the Flood Control Act of 1970 (
(3) by aligning the remainder of the text of subparagraph (A) (as designated by paragraph (1) of this section) with subparagraph (B) (as added by paragraph (2) of this section).CommentsClose CommentsPermalink
SEC. 5149. JAMES RIVER, VIRGINIA.CommentsClose CommentsPermalink
The Secretary shall accept funds from the National Park Service to provide technical and project management assistance for the James River, Virginia, with a particular emphasis on locations along the shoreline adversely impacted by Hurricane Isabel.CommentsClose CommentsPermalink
SEC. 5150. BAKER BAY AND ILWACO HARBOR, WASHINGTON.CommentsClose CommentsPermalink
The Secretary shall conduct a study of increased siltation in Baker Bay and Ilwaco Harbor, Washington, to determine if the siltation is the result of a Federal navigation project (including diverted flows from the Columbia River) and, if the Secretary determines that the siltation is the result of a Federal navigation project, the Secretary shall carry out a project to mitigate the siltation as part of maintenance of the Federal navigation project.CommentsClose CommentsPermalink
SEC. 5151. HAMILTON ISLAND CAMPGROUND, WASHINGTON.CommentsClose CommentsPermalink
The Secretary is authorized to plan, design, and construct a campground for Bonneville Lock and Dam at Hamilton Island (also known as `Strawberry Island') in Skamania County, Washington.CommentsClose CommentsPermalink
SEC. 5152. EROSION CONTROL, PUGET ISLAND, WAHKIAKUM COUNTY, WASHINGTON.CommentsClose CommentsPermalink
(a) In General- The Lower Columbia River levees and bank protection works authorized by section 204 of the Flood Control Act of 1950 (64 Stat. 178) is modified with regard to the Wahkiakum County diking districts No. 1 and 3, but without regard to any cost ceiling authorized before the date of enactment of this Act, to direct the Secretary to provide a one-time placement of dredged material along portions of the Columbia River shoreline of Puget Island, Washington, between river miles 38 to 47, and the shoreline of Westport Beach, Clatsop County, Oregon, between river miles 43 to 45, to protect economic and environmental resources in the area from further erosion.CommentsClose CommentsPermalink
(b) Use of Federal Funds by Non-Federal Interests- A non-Federal interest may use Federal funds to provide the non-Federal share of the costs of a study or project carried out at a location referred to in subsection (a), if the agency or department that provides the Federal funds determines that the funds are eligible to be used for that purpose.'.SEC. 5028. INNER HARBOR NAVIGATION CANAL LOCK PROJECT.Not later than July 1, 2008, the Secretary shallCoordination and Cost-Sharing Requirements- The Secretary shall carry out subsection (a)--CommentsClose CommentsPermalink
(1) issue a final environmental impact statement relating to the Inner Harbor Navigation Canal Lock project; and(2) develop and maintain a transportation mitigation program relating to that project in coordination with--(A) St. Bernard Parish;(B) Orleans Parish;(C) the Old Arabi Neighborhood Association; and(D) other interested parties.SEC. 5029. GREAT LAKES NAVIGATIONn coordination with appropriate resource agencies; andCommentsClose CommentsPermalink
(2) at Federal expense.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $1,000,000.CommentsClose CommentsPermalink
SEC. 5153. WILLAPA BAY, WASHINGTON.CommentsClose CommentsPermalink
Section 545 of the Water Resources Development Act of 2000 (114 Stat. 2675) is amended--CommentsClose CommentsPermalink
(1) in subsection (b)(1) by striking `may construct' and inserting `shall construct'; andCommentsClose CommentsPermalink
(2) by inserting `and ecosystem restoration' after `erosion protection' each place it appears.CommentsClose CommentsPermalink
SEC. 5154. WEST VIRGINIA AND PENNSYLVANIA FLOOD CONTROL.CommentsClose CommentsPermalink
(a) Definition of Great Lakes and Connecting Channels- In this section, the term `Great Lakes and connecting channels' includes--(1) Lakes Superior, Huron, Michigan, Erie, and Ontario;(2) any connecting water between or among those lakes that is used for navigation;(3) any navigation feature in those lakes or water the operation or maintenance of which is a Federal responsibility; and(4) any area of the Saint Lawrence River that is operated or maintained by the Federal Government for navigation.(b) Navigation- Using available funds, the Secretary shall expedite the operation and maintenance, including dredging to authorized project depths, of the navigation features of theCheat and Tygart River Basins, West Virginia- Section 581(a)(1) of the Water Resources Development Act of 1996 (110 Stat. 3790; 113 Stat. 313) is amended--CommentsClose CommentsPermalink
(1) by striking `flood control measures' and inserting `structural and nonstructural flood control, streambank protection, stormwater management, and channel clearing and modification measures'; andCommentsClose CommentsPermalink
(2) by inserting `with respect to measures that incorporate levees or floodwalls' before the semicolon.CommentsClose CommentsPermalink
(b) Priority Communities- Section 581(b) of the Water Resources Development Act of 1996 (110 Stat. 3791) is amended--CommentsClose CommentsPermalink
(1) by striking `and' at the end of paragraph (5);CommentsClose CommentsPermalink
(2) by striking the period at the end of paragraph (6) and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(7) Etna, Pennsylvania, in the Pine Creek watershed; andCommentsClose CommentsPermalink
`(8) Millvale, Pennsylvania, in the Girty's Run River basin.'.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Section 581(c) of the Water Resources Development Act of 1996 (110 Stat. 3791) is amended by striking `$12,000,000' and inserting `$90,000,000'.CommentsClose CommentsPermalink
SEC. 5155. CENTRAL WEST VIRGINIA.CommentsClose CommentsPermalink
Section 571 of the Water Resources Development Act of 1999 (113 Stat. 371) is amended--CommentsClose CommentsPermalink
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `Nicholas,'; andCommentsClose CommentsPermalink
(B) by striking `Gilmer,';CommentsClose CommentsPermalink
(2) in subsection (h) by striking `$10,000,000' and inserting `$20,000,000'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(i) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
`(j) Corps of Engineers Expenses- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.'.CommentsClose CommentsPermalink
SEC. 5156. SOUTHERN WEST VIRGINIA.CommentsClose CommentsPermalink
(a) Corps of Engineers- Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856; 113 Stat. 320) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(h) Corps of Engineers- Not more than 10 percent of the amounts appropriated to carry out this section may be used by the Corps of Engineers district offices to administer projects under this section at Federal expense.'.CommentsClose CommentsPermalink
(b) Southern West Virginia Defined- Section 340(f) of such Act is amended by inserting `Nicholas,' after `Greenbrier,'.CommentsClose CommentsPermalink
(c) Nonprofit Entities- Section 340 of the Water Resources Development Act of 1992 (106 Stat. 4856) is further amended by adding at the end the following:CommentsClose CommentsPermalink
`(i) Nonprofit Entities- In accordance with section 221(b) of the Flood Control Act of 1970 (
SEC. 5157. CONSTRUCTION OF FLOOD CONTROL PROJECTS BY NON-FEDERAL INTERESTS.CommentsClose CommentsPermalink
Section 211(f) of the Water Resources Development Act of 1996 (
`(12) PERRIS, CALIFORNIA- The project for flood control, Perris, California.CommentsClose CommentsPermalink
`(13) THORNTON RESERVOIR, COOK COUNTY, ILLINOIS- An element of the project for flood control, Chicagoland Underflow Plan, Illinois.CommentsClose CommentsPermalink
`(14) LAROSE TO GOLDEN MEADOW, LOUISIANA- The project for flood control, Larose to Golden Meadow, Louisiana.CommentsClose CommentsPermalink
`(15) BUFFALO BAYOU, TEXAS- A project for flood control, Buffalo Bayou, Texas, to provide an alternative to the project authorized by the first section of the River and Harbor Act of June 20, 1938 (52 Stat. 804) and modified by section 3a of the Flood Control Act of August 11, 1939 (53 Stat. 1414).CommentsClose CommentsPermalink
`(16) HALLS BAYOU, TEXAS- A project for flood control, Halls Bayou, Texas, to provide an alternative to the project for flood control, Buffalo Bayou and tributaries, Texas, authorized by section 101(a)(21) of the Water Resources Development Act of 1990 (104 Stat. 4610).CommentsClose CommentsPermalink
`(17) MENOMONEE RIVER WATERSHED, WISCONSIN- The project for the Menomonee River Watershed, Wisconsin, including--CommentsClose CommentsPermalink
`(A) the Underwood Creek diversion facility project (Milwaukee County Grounds); andCommentsClose CommentsPermalink
`(B) the Greater Milwaukee Rivers watershed project.'.CommentsClose CommentsPermalink
SEC. 5158. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.CommentsClose CommentsPermalink
Section 219 of the Water Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 113 Stat. 334; 113 Stat. 1494; 114 Stat. 2763A-219; 119 Stat. 2255) is amended--CommentsClose CommentsPermalink
(1) in subsection (c)(5) by striking `a project for the elimination or control of combined sewer overflows' and inserting `projects for the design, installation, enhancement, or repair of sewer systems';CommentsClose CommentsPermalink
(2) in subsection (e)(1) by striking `$20,000,000' and inserting `$32,500,000'; andCommentsClose CommentsPermalink
(3) in subsection (f)--CommentsClose CommentsPermalink
(A) by striking the undesignated paragraph relating to Charleston, South Carolina, and inserting the following:CommentsClose CommentsPermalink
`(72) CHARLESTON, SOUTH CAROLINA- $10,000,000 for wastewater infrastructure, including wastewater collection systems, and stormwater system improvements, Charleston, South Carolina.';CommentsClose CommentsPermalink
(B) by redesignating the paragraph (71) relating to Placer and El Dorado Counties, California, as paragraph (73);CommentsClose CommentsPermalink
(C) by redesignating the paragraph (72) relating to Lassen, Plumas, Butte, Sierra, and Nevada Counties, California, as paragraph (74);CommentsClose CommentsPermalink
(D) by striking the paragraph (71) relating to Indianapolis, Indiana, and inserting the following:CommentsClose CommentsPermalink
`(75) INDIANAPOLIS, INDIANA- $6,430,000 for environmental infrastructure for Indianapolis, Indiana.';CommentsClose CommentsPermalink
(E) by redesignating the paragraph (73) relating to St. Croix Falls, Wisconsin, as paragraph (76);CommentsClose CommentsPermalink
(F) by redesignating paragraph (72), relating to Alpine, California, as paragraph (77); andCommentsClose CommentsPermalink
(G) by adding at the end the following:CommentsClose CommentsPermalink
`(78) ST. CLAIR COUNTY, ALABAMA- $5,000,000 for water related infrastructure, St. Clair County, Alabama.CommentsClose CommentsPermalink
`(79) CRAWFORD COUNTY, ARKANSAS- $35,000,000 for water supply infrastructure, Crawford County, Arkansas.CommentsClose CommentsPermalink
`(80) ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA- $25,000,000 for recycled water treatment facilities within the East Bay Municipal Utility District service area, Alameda and Contra Costa Counties, California.CommentsClose CommentsPermalink
`(81) ALISO CREEK, ORANGE COUNTY, CALIFORNIA- $5,000,000 for water related infrastructure, Aliso Creek, Orange County, California.CommentsClose CommentsPermalink
`(82) AMADOR COUNTY, CALIFORNIA- $3,000,000 for wastewater collection and treatment infrastructure, Amador County, California.CommentsClose CommentsPermalink
`(83) ARCADIA, SIERRA MADRE, AND UPLAND, CALIFORNIA- $33,000,000 for water and wastewater infrastructure, Arcadia, Sierra Madre, and Upland, California, including $13,000,000 for stormwater infrastructure for Upland, California.CommentsClose CommentsPermalink
`(84) BIG BEAR AREA REGIONAL WASTEWATER AGENCY, CALIFORNIA- $15,000,000 for water reclamation and distribution infrastructure, Big Bear Area Regional Wastewater Agency, California.CommentsClose CommentsPermalink
`(85) BRAWLEY COLONIA, IMPERIAL COUNTY, CALIFORNIA- $1,400,000 for water infrastructure to improve water quality in the Brawley Colonia Water District, Imperial County, California.CommentsClose CommentsPermalink
`(86) CALAVERAS COUNTY, CALIFORNIA- $3,000,000 for water supply and wastewater infrastructure improvement projects in Calaveras County, California, including wastewater reclamation, recycling, and conjunctive use projects.CommentsClose CommentsPermalink
`(87) CONTRA COSTA WATER DISTRICT, CALIFORNIA- $23,000,000 for water and wastewater infrastructure for the Contra Costa Water District, California.CommentsClose CommentsPermalink
`(88) EAST BAY, SAN FRANCISCO, AND SANTA CLARA AREAS, CALIFORNIA- $4,000,000 for a desalination project to serve the East Bay, San Francisco, and Santa Clara areas, California.CommentsClose CommentsPermalink
`(89) EAST PALO ALTO, CALIFORNIA- $4,000,000 for a new pump station and stormwater management and drainage system, East Palo Alto, California.CommentsClose CommentsPermalink
`(90) IMPERIAL COUNTY, CALIFORNIA- $10,000,000 for wastewater infrastructure, including a wastewater disinfection facility and polishing system, to improve water quality in the vicinity of Calexico, California, on the southern New River, Imperial County, California.CommentsClose CommentsPermalink
`(91) LA HABRA, CALIFORNIA- $5,000,000 for wastewater and water related infrastructure, city of La Habra, California.CommentsClose CommentsPermalink
`(92) LA MIRADA, CALIFORNIA- $4,000,000 for the planning, design, and construction of a stormwater program in La Mirada, California.CommentsClose CommentsPermalink
`(93) LOS ANGELES COUNTY, CALIFORNIA- $3,000,000 for wastewater and water related infrastructure, Diamond Bar, La Habra Heights, and Rowland Heights, Los Angeles County, California.CommentsClose CommentsPermalink
`(94) LOS ANGELES COUNTY, CALIFORNIA- $20,000,000 for the planning, design, and construction of water related infrastructure for Santa Monica Bay and the coastal zone of Los Angeles County, California.CommentsClose CommentsPermalink
`(95) MALIBU, CALIFORNIA- $3,000,000 for municipal wastewater and recycled water infrastructure, Malibu Creek Watershed Protection Project, Malibu, California.CommentsClose CommentsPermalink
`(96) MONTEBELLO, CALIFORNIA- $4,000,000 for water infrastructure improvements in south Montebello, California.CommentsClose CommentsPermalink
`(97) NEW RIVER, CALIFORNIA- $10,000,000 for wastewater infrastructure to improve water quality in the New River, California.CommentsClose CommentsPermalink
`(98) ORANGE COUNTY, CALIFORNIA- $10,000,000 for wastewater and water related infrastructure, Anaheim, Brea, Mission Viejo, Rancho Santa Margarita, and Yorba Linda, Orange County, California.CommentsClose CommentsPermalink
`(99) PORT OF STOCKTON, STOCKTON, CALIFORNIA- $3,000,000 for water and wastewater infrastructure projects for Rough and Ready Island and vicinity, Stockton, California.CommentsClose CommentsPermalink
`(100) PERRIS, CALIFORNIA- $3,000,000 for recycled water transmission infrastructure, Eastern Municipal Water District, Perris, California.CommentsClose CommentsPermalink
`(101) SAN BERNARDINO COUNTY, CALIFORNIA- $9,000,000 for wastewater and water related infrastructure, Chino and Chino Hills, San Bernardino County, California.CommentsClose CommentsPermalink
`(102) SANTA CLARA COUNTY, CALIFORNIA- $5,500,000 for an advanced recycling water treatment plant in Santa Clara County, California.CommentsClose CommentsPermalink
`(103) SANTA MONICA, CALIFORNIA- $3,000,000 for improving water system reliability, Santa Monica, California.CommentsClose CommentsPermalink
`(104) SOUTHERN LOS ANGELES COUNTY, CALIFORNIA- $15,000,000 for environmental infrastructure for the groundwater basin optimization pipeline, Southern Los Angeles County, California.CommentsClose CommentsPermalink
`(105) STOCKTON, CALIFORNIA- $33,000,000 for water treatment and distribution infrastructure, Stockton, California.CommentsClose CommentsPermalink
`(106) SWEETWATER RESERVOIR, SAN DIEGO COUNTY, CALIFORNIA- $375,000 to improve water quality and remove nonnative aquatic nuisance species from the Sweetwater Reservoir, San Diego County, California.CommentsClose CommentsPermalink
`(107) WHITTIER, CALIFORNIA- $8,000,000 for water, wastewater, and water related infrastructure, Whittier, California.CommentsClose CommentsPermalink
`(108) ARKANSAS VALLEY CONDUIT, COLORADO- $10,000,000 for the Arkansas Valley Conduit, Colorado.CommentsClose CommentsPermalink
`(109) BOULDER COUNTY, COLORADO- $10,000,000 for water supply infrastructure, Boulder County, Colorado.CommentsClose CommentsPermalink
`(110) MONTEZUMA AND LA PLATA COUNTIES, COLORADO- $1,000,000 for water and wastewater related infrastructure for the Ute Mountain project, Montezuma and La Plata Counties, Colorado.CommentsClose CommentsPermalink
`(111) OTERO, BENT, CROWLEY, KIOWA, AND PROWERS COUNTIES, COLORADO- $35,000,000 for water transmission infrastructure, Otero, Bent, Crowley, Kiowa, and Prowers Counties, Colorado.CommentsClose CommentsPermalink
`(112) PUEBLO AND OTERO COUNTIES, COLORADO- $34,000,000 for water transmission infrastructure, Pueblo and Otero Counties, Colorado.CommentsClose CommentsPermalink
`(113) ENFIELD, CONNECTICUT- $1,000,000 for infiltration and inflow correction, Enfield, Connecticut.CommentsClose CommentsPermalink
`(114) LEDYARD AND MONTVILLE, CONNECTICUT- $7,113,000 for water infrastructure, Ledyard and Montville, Connecticut.CommentsClose CommentsPermalink
`(115) NEW HAVEN, CONNECTICUT- $300,000 for stormwater system improvements, New Haven, Connecticut.CommentsClose CommentsPermalink
`(116) NORWALK, CONNECTICUT- $3,000,000 for the Keeler Brook Storm Water Improvement Project, Norwalk, Connecticut.CommentsClose CommentsPermalink
`(117) PLAINVILLE, CONNECTICUT- $6,280,000 for wastewater treatment, Plainville, Connecticut.CommentsClose CommentsPermalink
`(118) SOUTHINGTON, CONNECTICUT- $9,420,000 for water supply infrastructure, Southington, Connecticut.CommentsClose CommentsPermalink
`(119) ANACOSTIA RIVER, DISTRICT OF COLUMBIA AND MARYLAND- $20,000,000 for environmental infrastructure and resource protection and development to enhance water quality and living resources in the Anacostia River watershed, District of Columbia and Maryland.CommentsClose CommentsPermalink
`(120) DISTRICT OF COLUMBIA- $35,000,000 for implementation of a combined sewer overflow long-term control plan in the District of Columbia.CommentsClose CommentsPermalink
`(121) CHARLOTTE COUNTY, FLORIDA- $3,000,000 for water supply infrastructure, Charlotte County, Florida.CommentsClose CommentsPermalink
`(122) CHARLOTTE, LEE, AND COLLIER COUNTIES, FLORIDA- $20,000,000 for water supply interconnectivity infrastructure, Charlotte, Lee, and Collier Counties, Florida.CommentsClose CommentsPermalink
`(123) COLLIER COUNTY, FLORIDA- $5,000,000 for water infrastructure to improve water quality in the vicinity of the Gordon River, Collier County, Florida.CommentsClose CommentsPermalink
`(124) HILLSBOROUGH COUNTY, FLORIDA- $6,250,000 for water infrastructure and supply enhancement, Hillsborough County, Florida.CommentsClose CommentsPermalink
`(125) JACKSONVILLE, FLORIDA- $25,000,000 for wastewater related infrastructure, including septic tank replacements, Jacksonville, Florida.CommentsClose CommentsPermalink
`(126) SARASOTA COUNTY, FLORIDA- $10,000,000 for water and wastewater infrastructure in Sarasota County, Florida.CommentsClose CommentsPermalink
`(127) SOUTH SEMINOLE AND NORTH ORANGE COUNTY, FLORIDA- $30,000,000 for wastewater infrastructure for the South Seminole and North Orange Wastewater Transmission Authority, Florida.CommentsClose CommentsPermalink
`(128) MIAMI-DADE COUNTY, FLORIDA- $6,250,000 for water reuse supply and a water transmission pipeline, Miami-Dade County, Florida.CommentsClose CommentsPermalink
`(129) PALM BEACH COUNTY, FLORIDA- $7,500,000 for water infrastructure, Palm Beach County, Florida.CommentsClose CommentsPermalink
`(130) ALBANY, GEORGIA- $4,000,000 for a storm drainage system, Albany, Georgia.CommentsClose CommentsPermalink
`(131) BANKS COUNTY, GEORGIA- $5,000,000 for water infrastructure improvements, Banks County, Georgia.CommentsClose CommentsPermalink
`(132) BERRIEN COUNTY, GEORGIA- $5,000,000 for water infrastructure improvements, Berrien County, Georgia.CommentsClose CommentsPermalink
`(133) CHATTOOGA COUNTY, GEORGIA- $8,000,000 for wastewater and drinking water infrastructure improvement, Chattooga County, Georgia.CommentsClose CommentsPermalink
`(134) CHATTOOGA, FLOYD, GORDON, WALKER, AND WHITIFIELD COUNTIES, GEORGIA- $10,000,000 for water infrastructure improvements, Armuchee Valley, Chattooga, Floyd, Gordon, Walker, and Whitifield Counties, Georgia.CommentsClose CommentsPermalink
`(135) DAHLONEGA, GEORGIA- $5,000,000 for water infrastructure improvements, Dahlonega, Georgia.CommentsClose CommentsPermalink
`(136) EAST POINT, GEORGIA- $5,000,000 for water infrastructure improvements, city of East Point, Georgia.CommentsClose CommentsPermalink
`(137) FAYETTEVILLE, GRANTVILLE, LAGRANGE, PINE MOUNTAIN (HARRIS COUNTY), DOUGLASVILLE, AND CARROLLTON, GEORGIA- $24,500,000 for water and wastewater infrastructure, Fayetteville, Grantville, LaGrange, Pine Mountain (Harris County), Douglasville, and Carrollton, Georgia.CommentsClose CommentsPermalink
`(138) MERIWETHER AND SPALDING COUNTIES, GEORGIA- $7,000,000 for water and wastewater infrastructure, Meriwether and Spalding Counties, Georgia.CommentsClose CommentsPermalink
`(139) MOULTRIE, GEORGIA- $5,000,000 for water supply infrastructure, Moultrie, Georgia.CommentsClose CommentsPermalink
`(140) STEPHENS COUNTY/CITY OF TOCCOA, GEORGIA- $8,000,000 water infrastructure improvements, Stephens County/city of Toccoa, Georgia.CommentsClose CommentsPermalink
`(141) NORTH VERNON AND BUTLERVILLE, INDIANA- $1,700,000 for wastewater infrastructure, North Vernon and Butlerville, Indiana.CommentsClose CommentsPermalink
`(142) SALEM, WASHINGTON COUNTY, INDIANA- $3,200,000 for water supply infrastructure, Salem, Washington County, Indiana.CommentsClose CommentsPermalink
`(143) ATCHISON, KANSAS- $20,000,000 to address combined sewer overflows, Atchison, Kansas.CommentsClose CommentsPermalink
`(144) CENTRAL KENTUCKY- $10,000,000 for water related infrastructure and resource protection and development, Scott, Franklin, Woodford, Anderson, Fayette, Mercer, Jessamine, Boyle, Lincoln, Garrard, Madison, Estill, Powell, Clark, Montgomery, and Bourbon Counties, Kentucky.CommentsClose CommentsPermalink
`(145) LAFAYETTE, LOUISIANA- $1,200,000 for water and wastewater improvements, Lafayette, Louisiana.CommentsClose CommentsPermalink
`(146) LAFOURCHE PARISH, LOUISIANA- $2,300,000 for measures to prevent the intrusion of saltwater into the freshwater system, Lafourche Parish, Louisiana.CommentsClose CommentsPermalink
`(147) LAKE CHARLES, LOUISIANA- $1,000,000 for water and wastewater improvements, Lake Charles, Louisiana.CommentsClose CommentsPermalink
`(148) NORTHWEST LOUISIANA COUNCIL OF GOVERNMENTS, LOUISIANA- $2,000,000 for water and wastewater improvements, Northwest Louisiana Council of Governments, Louisiana.CommentsClose CommentsPermalink
`(149) OUACHITA PARISH, LOUISIANA- $1,000,000 for water and wastewater improvements, Ouachita Parish, Louisiana.CommentsClose CommentsPermalink
`(150) PLAQUEMINE, LOUISIANA- $7,000,000 for sanitary sewer and wastewater infrastructure, Plaquemine, Louisiana.CommentsClose CommentsPermalink
`(151) RAPIDES AREA PLANNING COMMISSION, LOUISIANA- $1,000,000 for water and wastewater improvements, Rapides, Louisiana.CommentsClose CommentsPermalink
`(152) SHREVEPORT, LOUISIANA- $20,000,000 for water supply infrastructure in Shreveport, Louisiana.CommentsClose CommentsPermalink
`(153) SOUTH CENTRAL PLANNING AND DEVELOPMENT COMMISSION, LOUISIANA- $2,500,000 for water and wastewater improvements, South Central Planning and Development Commission, Louisiana.CommentsClose CommentsPermalink
`(154) UNION-LINCOLN REGIONAL WATER SUPPLY PROJECT, LOUISIANA- $2,000,000 for the Union-Lincoln Regional Water Supply project, Louisiana.CommentsClose CommentsPermalink
`(155) CHESAPEAKE BAY IMPROVEMENTS, MARYLAND, VIRGINIA, AND DISTRICT OF COLUMBIA- $30,000,000 for environmental infrastructure projects to benefit the Chesapeake Bay, including the nutrient removal project at the Blue Plains Wastewater Treatment facility in the District of Columbia.CommentsClose CommentsPermalink
`(156) CHESAPEAKE BAY REGION, MARYLAND AND VIRGINIA- $40,000,000 for water pollution control, Chesapeake Bay Region, Maryland and Virginia.CommentsClose CommentsPermalink
`(157) MICHIGAN COMBINED SEWER OVERFLOWS- $35,000,000 for correction of combined sewer overflows, Michigan.CommentsClose CommentsPermalink
`(158) CENTRAL IRON RANGE SANITARY SEWER DISTRICT, MINNESOTA- $12,000,000 for wastewater infrastructure for the Central Iron Range Sanitary Sewer District to serve the cities of Hibbing, Chisholm, Buhl, and Kinney, and Balkan and Great Lakes and connecting channels for the purpose Scott Townships, Minnesota.CommentsClose CommentsPermalink
`(159) CENTRAL LAKE REGION SANITARY DISTRICT, MINNESOTA- $2,000,000 for sanitary sewer and wastewater infrastructure for the Central Lake Region Sanitary District, Minnesota, to serve Le Grande and Moe Townships, Minnesota.CommentsClose CommentsPermalink
`(160) GOODVIEW, MINNESOTA- $3,000,000 for water quality infrastructure, Goodview, Minnesota.CommentsClose CommentsPermalink
`(161) GRAND RAPIDS, MINNESOTA- $5,000,000 for wastewater infrastructure, Grand Rapids, Minnesota.CommentsClose CommentsPermalink
`(162) WILLMAR, MINNESOTA- $15,000,000 for wastewater infrastructure, Willmar, Minnesota.CommentsClose CommentsPermalink
`(163) BILOXI, MISSISSIPPI- $5,000,000 for water and wastewater related infrastructure, city of Biloxi, Mississippi.CommentsClose CommentsPermalink
`(164) CORINTH, MISSISSIPPI- $7,500,000 for a surface water program, city of Corinth, Mississippi.CommentsClose CommentsPermalink
`(165) GULFPORT, MISSISSIPPI- $5,000,000 for water and wastewater related infrastructure, city of Gulfport, Mississippi.CommentsClose CommentsPermalink
`(166) HARRISON COUNTY, MISSISSIPPI- $5,000,000 for water and wastewater related infrastructure, Harrison County, Mississippi.CommentsClose CommentsPermalink
`(167) JACKSON, MISSISSIPPI- $25,000,000 for water and wastewater infrastructure, Jackson, Mississippi.CommentsClose CommentsPermalink
`(168) CLARK COUNTY, NEVADA- $30,000,000 for wastewater infrastructure, Clark County, Nevada.CommentsClose CommentsPermalink
`(169) CLEAN WATER COALITION, NEVADA- $50,000,000 for the Systems Conveyance and Operations Program, Clark County, Henderson, Las Vegas, and North Las Vegas, Nevada.CommentsClose CommentsPermalink
`(170) GLENDALE DAM DIVERSION STRUCTURE, NEVADA- $10,000,000 for water system improvements to the Glendale Dam Diversion Structure for the Truckee Meadows Water Authority, Nevada.CommentsClose CommentsPermalink
`(171) HENDERSON, NEVADA- $13,000,000 for wastewater infrastructure, Henderson, Nevada.CommentsClose CommentsPermalink
`(172) INDIAN SPRINGS, NEVADA- $12,000,000 for construction of wastewater system improvements for the Indian Springs community, Nevada.CommentsClose CommentsPermalink
`(173) RENO, NEVADA- $13,000,000 for construction of a water conservation project for the Highland Canal, Mogul Bypass in Reno, Nevada.CommentsClose CommentsPermalink
`(174) WASHOE COUNTY, NEVADA- $14,000,000 for construction of water infrastructure improvements to the Huffaker Hills Reservoir Conservation Project, Washoe County, Nevada.CommentsClose CommentsPermalink
`(175) CRANFORD TOWNSHIP, NEW JERSEY- $6,000,000 for storm sewer improvements, Cranford Township, New Jersey.CommentsClose CommentsPermalink
`(176) MIDDLETOWN TOWNSHIP, NEW JERSEY- $1,100,000 for storm sewer improvements, Middletown Township, New Jersey.CommentsClose CommentsPermalink
`(177) PATERSON, NEW JERSEY- $35,000,000 for wastewater infrastructure, Paterson, New Jersey.CommentsClose CommentsPermalink
`(178) RAHWAY VALLEY, NEW JERSEY- $25,000,000 for sanitary sewer and storm sewer improvements in the service area of the Rahway Valley Sewerage Authority, New Jersey.CommentsClose CommentsPermalink
`(179) BABYLON, NEW YORK- $5,000,000 for wastewater infrastructure, Town of Babylon, New York.CommentsClose CommentsPermalink
`(180) ELLICOTTVILLE, NEW YORK- $2,000,000 for water supply, water, and wastewater infrastructure in Ellicottville, New York.CommentsClose CommentsPermalink
`(181) ELMIRA, NEW YORK- $5,000,000 for wastewater infrastructure, Elmira, New York.CommentsClose CommentsPermalink
`(182) ESSEX HAMLET, NEW YORK- $5,000,000 for wastewater infrastructure, Essex Hamlet, New York.CommentsClose CommentsPermalink
`(183) FLEMING, NEW YORK- $5,000,000 for drinking water infrastructure, Fleming, New York.CommentsClose CommentsPermalink
`(184) KIRYAS JOEL, NEW YORK- $5,000,000 for drinking water infrastructure, village of Kiryas Joel, New York.CommentsClose CommentsPermalink
`(185) NIAGARA FALLS, NEW YORK- $5,000,000 for wastewater infrastructure, Niagara Falls Water Board, New York.CommentsClose CommentsPermalink
`(186) PATCHOGUE, NEW YORK- $5,000,000 for wastewater infrastructure, village of Patchogue, New York.CommentsClose CommentsPermalink
`(187) SENNETT, NEW YORK- $1,500,000 for water infrastructure, town of Sennett, New York.CommentsClose CommentsPermalink
`(188) SPRINGPORT AND FLEMING, NEW YORK- $10,000,000 for water related infrastructure, including water mains, pump stations, and water storage tanks, Springport and Fleming, New York.CommentsClose CommentsPermalink
`(189) WELLSVILLE, NEW YORK- $2,000,000 for water supply, water, and wastewater infrastructure in Wellsville, New York.CommentsClose CommentsPermalink
`(190) YATES COUNTY, NEW YORK- $5,000,000 for drinking water infrastructure, Yates County, New York.CommentsClose CommentsPermalink
`(191) CABARRUS COUNTY, NORTH CAROLINA- $4,500,000 for water related infrastructure, Cabarrus County, North Carolina.CommentsClose CommentsPermalink
`(192) CARY, WAKE COUNTY, NORTH CAROLINA- $4,000,000 for a water reclamation facility, Cary, Wake County, North Carolina.CommentsClose CommentsPermalink
`(193) CHARLOTTE, NORTH CAROLINA- $14,000,000 for the Briar Creek Relief Sewer project, city of Charlotte, North Carolina.CommentsClose CommentsPermalink
`(194) FAYETTEVILLE, CUMBERLAND COUNTY, NORTH CAROLINA- $6,000,000 for water and sewer upgrades, city of Fayetteville, Cumberland County, North Carolina.CommentsClose CommentsPermalink
`(195) MOORESVILLE, NORTH CAROLINA- $4,000,000 for water and wastewater infrastructure improvements, town of Mooresville, North Carolina.CommentsClose CommentsPermalink
`(196) NEUSE REGIONAL WATER AND SEWER AUTHORITY, NORTH CAROLINA- $4,000,000 for the Neuse regional drinking water facility, Kinston, North Carolina.CommentsClose CommentsPermalink
`(197) RICHMOND COUNTY, NORTH CAROLINA- $13,500,000 for water related infrastructure, Richmond County, North Carolina.CommentsClose CommentsPermalink
`(198) UNION COUNTY, NORTH CAROLINA- $6,000,000 for water related infrastructure, Union County, North Carolina.CommentsClose CommentsPermalink
`(199) WASHINGTON COUNTY, NORTH CAROLINA- $1,000,000 for water and wastewater infrastructure, Washington County, North Carolina.CommentsClose CommentsPermalink
`(200) WINSTON-SALEM, NORTH CAROLINA- $3,000,000 for stormwater upgrades, city of Winston-Salem, North Carolina.CommentsClose CommentsPermalink
`(201) NORTH DAKOTA- $15,000,000 for water-related infrastructure, North Dakota.CommentsClose CommentsPermalink
`(202) DEVILS LAKE, NORTH DAKOTA- $15,000,000 for water supply infrastructure, Devils Lake, North Dakota.CommentsClose CommentsPermalink
`(203) SAIPAN, NORTHERN MARIANA ISLANDS- $20,000,000 for water related infrastructure, Saipan, Northern Mariana Islands.CommentsClose CommentsPermalink
`(204) AKRON, OHIO- $5,000,000 for wastewater infrastructure, Akron, Ohio.CommentsClose CommentsPermalink
`(205) BURR OAK REGIONAL WATER DISTRICT, OHIO- $4,000,000 for construction of a water line to extend from a well field near Chauncey, Ohio, to a water treatment plant near Millfield, Ohio.CommentsClose CommentsPermalink
`(206) CINCINNATI, OHIO- $1,000,000 for wastewater infrastructure, Cincinnati, Ohio.CommentsClose CommentsPermalink
`(207) CLEVELAND, OHIO- $2,500,000 for Flats East Bank water and wastewater infrastructure, city of Cleveland, Ohio.CommentsClose CommentsPermalink
`(208) COLUMBUS, OHIO- $4,500,000 for wastewater infrastructure, Columbus, Ohio.CommentsClose CommentsPermalink
`(209) DAYTON, OHIO- $1,000,000 for water and wastewater infrastructure, Dayton, Ohio.CommentsClose CommentsPermalink
`(210) DEFIANCE COUNTY, OHIO- $1,000,000 for wastewater infrastructure, Defiance County, Ohio.CommentsClose CommentsPermalink
`(211) FOSTORIA, OHIO- $2,000,000 for wastewater infrastructure, Fostoria, Ohio.CommentsClose CommentsPermalink
`(212) FREMONT, OHIO- $2,000,000 for construction of supporting navigationoff-stream water supply reservoir, Fremont, Ohio.CommentsClose CommentsPermalink
`(213) LAKE COUNTY, OHIO- $1,500,000 for wastewater infrastructure, Lake County, Ohio.CommentsClose CommentsPermalink
`(214) LAWRENCE COUNTY, OHIO- $5,000,000 for Union Rome wastewater infrastructure, Lawrence County, Ohio.CommentsClose CommentsPermalink
`(215) MEIGS COUNTY, OHIO- $1,000,000 to extend the Tupper Plains Regional Water District water line to Meigs County, Ohio.CommentsClose CommentsPermalink
`(216) MENTOR-ON-LAKE, OHIO- $625,000 for water and wastewater infrastructure, Mentor-on-Lake, Ohio.CommentsClose CommentsPermalink
`(217) VINTON COUNTY, OHIO- $1,000,000 to construct water lines in Vinton and Brown Townships, Ohio.CommentsClose CommentsPermalink
`(218) WILLOWICK, OHIO- $665,000 for water and wastewater infrastructure, Willowick, Ohio.CommentsClose CommentsPermalink
`(219) ADA, OKLAHOMA- $1,700,000 for sewer improvements and other water infrastructure, city of Ada, Oklahoma.CommentsClose CommentsPermalink
`(220) ALVA, OKLAHOMA- $250,000 for wastewater infrastructure improvements, city of Alva, Oklahoma.CommentsClose CommentsPermalink
`(221) ARDMORE, OKLAHOMA- $1,900,000 for water and sewer infrastructure improvements, city of Ardmore, Oklahoma.CommentsClose CommentsPermalink
`(222) BARTLESVILLE, OKLAHOMA- $2,500,000 for water supply infrastructure, city of Bartlesville, Oklahoma.CommentsClose CommentsPermalink
`(223) BETHANY, OKLAHOMA- $1,500,000 for water improvements and water related infrastructure, city of Bethany, Oklahoma.CommentsClose CommentsPermalink
`(224) CHICKASHA, OKLAHOMA- $650,000 for industrial park sewer infrastructure, city of Chickasha, Oklahoma.CommentsClose CommentsPermalink
`(225) DISNEY AND LANGLEY, OKLAHOMA- $2,500,000 for water and sewer improvements and water related infrastructure, cities of Disney and Langley, Oklahoma.CommentsClose CommentsPermalink
`(226) DURANT, OKLAHOMA- $3,300,000 for bayou restoration and water related infrastructure, city of Durant, Oklahoma.CommentsClose CommentsPermalink
`(227) EASTERN OKLAHOMA STATE UNIVERSITY, WILBERTON, OKLAHOMA- $1,000,000 for sewer and utility upgrades and water related infrastructure, Eastern Oklahoma State University, Wilberton, Oklahoma.CommentsClose CommentsPermalink
`(228) GUYMON, OKLAHOMA- $16,000,000 for water and wastewater related infrastructure, city of Guymon, Oklahoma.CommentsClose CommentsPermalink
`(229) KONAWA, OKLAHOMA- $500,000 for water treatment infrastructure improvements, city of Konawa, Oklahoma.CommentsClose CommentsPermalink
`(230) LUGERT-ALTUS IRRIGATION DISTRICT, ALTUS, OKLAHOMA- $5,000,000 for water related infrastructure improvements, Lugert-Altus Irrigation District, Altus, Oklahoma.CommentsClose CommentsPermalink
`(231) MIDWEST CITY, OKLAHOMA- $2,000,000 for improvements to water related infrastructure, the City of Midwest City, Oklahoma.CommentsClose CommentsPermalink
`(232) MUSTANG, OKLAHOMA- $3,325,000 for water improvements and water related infrastructure, city of Mustang, Oklahoma.CommentsClose CommentsPermalink
`(233) NORMAN, OKLAHOMA- $10,000,000 for water related infrastructure, Norman, Oklahoma.CommentsClose CommentsPermalink
`(234) OKLAHOMA PANHANDLE STATE UNIVERSITY, GUYMON, OKLAHOMA- $275,000 for water testing facility and water related infrastructure development, Oklahoma Panhandle State University, Guymon, Oklahoma.CommentsClose CommentsPermalink
`(235) WEATHERFORD, OKLAHOMA- $500,000 for arsenic program and water related infrastructure, city of Weatherford, Oklahoma.CommentsClose CommentsPermalink
`(236) WOODWARD, OKLAHOMA- $1,500,000 for water improvements and water related infrastructure, Woodward, Oklahoma.CommentsClose CommentsPermalink
`(237) ALBANY, OREGON- $35,000,000 for wastewater infrastructure to improve habitat restoration, Albany, Oregon.CommentsClose CommentsPermalink
`(238) BEAVER CREEK RESERVOIR, PENNSYLVANIA- $3,000,000 for projects for water supply and related activities, Beaver Creek Reservoir, Clarion County, Beaver and Salem Townships, Pennsylvania.CommentsClose CommentsPermalink
`(239) HATFIELD BOROUGH, PENNSYLVANIA- $310,000 for wastewater related infrastructure for Hatfield Borough, Pennsylvania.CommentsClose CommentsPermalink
`(240) LEHIGH COUNTY, PENNSYLVANIA- $5,000,000 for stormwater control measures and storm sewer improvements, Lehigh County, Pennsylvania.CommentsClose CommentsPermalink
`(241) NORTH WALES BOROUGH, PENNSYLVANIA- $1,516,584 for wastewater related infrastructure for North Wales Borough, Pennsylvania.CommentsClose CommentsPermalink
`(242) PEN ARGYL, PENNSYLVANIA- $5,250,000 for wastewater infrastructure, Pen Argyl, Pennsylvania.CommentsClose CommentsPermalink
`(243) PHILADELPHIA, PENNSYLVANIA- $1,600,000 for wastewater related infrastructure for Philadelphia, Pennsylvania.CommentsClose CommentsPermalink
`(244) STOCKERTON BOROUGH, TATAMY BOROUGH, AND PALMER TOWNSHIP, PENNSYLVANIA- $10,000,000 for stormwater control measures, particularly to address sinkholes, in the vicinity of Stockerton Borough, Tatamy Borough, and Palmer Township, Pennsylvania.CommentsClose CommentsPermalink
`(245) VERA CRUZ, PENNSYLVANIA- $5,500,000 for wastewater infrastructure, Vera Cruz, Pennsylvania.CommentsClose CommentsPermalink
`(246) COMMONWEALTH OF PUERTO RICO- $35,000,000 for water and wastewater infrastructure in the Commonwealth of Puerto Rico.CommentsClose CommentsPermalink
`(247) CHARLESTON, SOUTH CAROLINA- $4,000,000 for stormwater control measures and storm sewer improvements, Spring Street/Fishburne Street drainage project, Charleston, South Carolina.CommentsClose CommentsPermalink
`(248) CHARLESTON AND WEST ASHLEY, SOUTH CAROLINA- $6,000,000 for wastewater tunnel replacement, Charleston and West Ashley, South Carolina.CommentsClose CommentsPermalink
`(249) CROOKED CREEK, MARLBORO COUNTY, SOUTH CAROLINA- $25,000,000 for a project for water storage and water supply infrastructure on Crooked Creek, Marlboro County, South Carolina.CommentsClose CommentsPermalink
`(250) MYRTLE BEACH, SOUTH CAROLINA- $18,000,000 for environmental infrastructure, including ocean outfalls, Myrtle Beach, South Carolina.CommentsClose CommentsPermalink
`(251) NORTH MYRTLE BEACH, SOUTH CAROLINA- $11,000,000 for environmental infrastructure, including ocean outfalls, North Myrtle Beach, South Carolina.CommentsClose CommentsPermalink
`(252) SURFSIDE, SOUTH CAROLINA- $11,000,000 for environmental infrastructure, including stormwater system improvements and ocean outfalls, Surfside, South Carolina.CommentsClose CommentsPermalink
`(253) CHEYENNE RIVER SIOUX RESERVATION (DEWEY AND ZIEBACH COUNTIES) AND PERKINS AND MEADE COUNTIES, SOUTH DAKOTA- $65,000,000 for water related infrastructure, Cheyenne River Sioux Reservation (Dewey and Ziebach counties) and Perkins and Meade Counties, South Dakota.CommentsClose CommentsPermalink
`(254) ATHENS, TENNESSEE- $16,000,000 for wastewater infrastructure, Athens, Tennessee.CommentsClose CommentsPermalink
`(255) BLAINE, TENNESSEE- $500,000 for water supply and wastewater infrastructure, Blaine, Tennessee.CommentsClose CommentsPermalink
`(256) CLAIBORNE COUNTY, TENNESSEE- $1,250,000 for water supply and wastewater infrastructure, Claiborne County, Tennessee.CommentsClose CommentsPermalink
`(257) GILES COUNTY, TENNESSEE- $2,000,000 for water supply and wastewater infrastructure, county of Giles, Tennessee.CommentsClose CommentsPermalink
`(258) GRAINGER COUNTY, TENNESSEE- $1,250,000 for water supply and wastewater infrastructure, Grainger County, Tennessee.CommentsClose CommentsPermalink
`(259) HAMILTON COUNTY, TENNESSEE- $500,000 for water supply and wastewater infrastructure, Hamilton County, Tennessee.CommentsClose CommentsPermalink
`(260) HARROGATE, TENNESSEE- $2,000,000 for water supply and wastewater infrastructure, city of Harrogate, Tennessee.CommentsClose CommentsPermalink
`(261) JOHNSON COUNTY, TENNESSEE- $600,000 for water supply and wastewater infrastructure, Johnson County, Tennessee.CommentsClose CommentsPermalink
`(262) KNOXVILLE, TENNESSEE- $5,000,000 for water supply and wastewater infrastructure, city of Knoxville, Tennessee.CommentsClose CommentsPermalink
`(263) NASHVILLE, TENNESSEE- $5,000,000 for water supply and wastewater infrastructure, Nashville, Tennessee.CommentsClose CommentsPermalink
`(264) LEWIS, LAWRENCE, AND WAYNE COUNTIES, TENNESSEE- $2,000,000 for water supply and wastewater infrastructure, counties of Lewis, Lawrence, and Wayne, Tennessee.CommentsClose CommentsPermalink
`(265) OAK RIDGE, TENNESSEE- $4,000,000 for water supply and wastewater infrastructure, city of Oak Ridge, Tennessee.CommentsClose CommentsPermalink
`(266) PLATEAU UTILITY DISTRICT, MORGAN COUNTY, TENNESSEE- $1,000,000 for water supply and wastewater infrastructure, Morgan County, Tennessee.CommentsClose CommentsPermalink
`(267) SHELBY COUNTY, TENNESSEE- $4,000,000 for water related environmental infrastructure, county of Shelby, Tennessee.CommentsClose CommentsPermalink
`(268) CENTRAL TEXAS- $20,000,000 for water and wastewater infrastructure in Bosque, Brazos, Burleson, Grimes, Hill, Hood, Johnson, Madison, McLennan, Limestone, Robertson, and Somervell Counties, Texas.CommentsClose CommentsPermalink
`(269) EL PASO COUNTY, TEXAS- $25,000,000 for water related infrastructure and resource protection, including stormwater management, and development, El Paso County, Texas.CommentsClose CommentsPermalink
`(270) FT. BEND COUNTY, TEXAS- $20,000,000 for water and wastewater infrastructure, Ft. Bend County, Texas.CommentsClose CommentsPermalink
`(271) DUCHESNE, IRON, AND UINTAH COUNTIES, UTAH- $10,800,000 for water related infrastructure, Duchesne, Iron, and Uintah Counties, Utah.CommentsClose CommentsPermalink
`(272) NORTHERN WEST VIRGINIA- $20,000,000 for water and wastewater infrastructure in Hancock, Ohio, Marshall, Wetzel, Tyler, Pleasants, Wood, Doddridge, Monongalia, Marion, Harrison, Taylor, Barbour, Preston, Tucker, Mineral, Grant, Gilmer, Brooke, and Ritchie Counties, West Virginia.CommentsClose CommentsPermalink
`(273) UNITED STATES VIRGIN ISLANDS- $25,000,000 for wastewater infrastructure for the St. Croix Anguilla wastewater treatment plant and the St. Thomas Charlotte Amalie wastewater treatment plant, United States Virgin Islands.'.CommentsClose CommentsPermalink
TITLE VI--PROJECT DEAUTHORIZATIONSFLORIDA EVERGLADES
SEC. 6001. LITTLE COVE CREEK, GLENCOE, ALABAMA.The project for flood damage reduction, Little Cove Creek, Glencoe, Alabama, authorized by the Supplemental Appropriations Act, 1985 (99 Stat. 312), is not authorized.HILLSBORO AND OKEECHOBEE AQUIFER, FLORIDA.CommentsClose CommentsPermalink
(a) Modification- The project for Hillsboro and Okeechobee Aquifer, Florida, authorized by section 101(a)(16) of the Water Resources Development Act of 1999 (113 Stat. 276), is modified to authorize the Secretary to carry out the project at a total cost of $42,500,000.CommentsClose CommentsPermalink
(b) Treatment- Section 601(b)(2)(A) of the Water Resources Development Act of 2000 (114 Stat. 2681) is amended--CommentsClose CommentsPermalink
(1) in clause (i) by adding at the end the following: `The project for aquifer storage and recovery, Hillsboro and Okeechobee Aquifer, Florida, authorized by section 101(a)(16) of the Water Resources Development Act of 1999 (113 Stat. 276), shall be treated for purposes of this section as being in the Plan, except that operation and maintenance costs of the project shall remain a non-Federal responsibility.'; andCommentsClose CommentsPermalink
(2) in clause (iii) by inserting after `subparagraph (B)' the following: `and the project for aquifer storage and recovery, Hillsboro and Okeechobee Aquifer'.CommentsClose CommentsPermalink
SEC. 6002. GOLETA AND VICINITY, CALIFORNIA.The project for flood control, Goleta and Vicinity, California, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1826), is not authorized.PILOT PROJECTS.CommentsClose CommentsPermalink
Section 601(b)(2)(B) of the Water Resources Development Act of 2000 (114 Stat. 2681) is amended--CommentsClose CommentsPermalink
(1) in the matter preceding clause (i)--CommentsClose CommentsPermalink
(A) by striking `$69,000,000' and inserting `$71,200,000'; andCommentsClose CommentsPermalink
(B) by striking `$34,500,000' each place it appears and inserting `$35,600,000'; andCommentsClose CommentsPermalink
(2) in clause (i)--CommentsClose CommentsPermalink
(A) by striking `$6,000,000' and inserting `$8,200,000'; andCommentsClose CommentsPermalink
(B) by striking `$3,000,000' each place it appears and inserting `$4,100,000'.CommentsClose CommentsPermalink
SEC. 6003. BRIDGEPORT HARBOR, CONNECTICUT.(a) In General- The portion of the project for navigation, Bridgeport Harbor, Connecticut, authorized by the Act of July 3, 1930 (46 Stat. 919), consisting of an 18-foot channel in Yellow Mill River and described in subsection (b), is not authorized.(b) Description of Project- The project referred to in subsectionMAXIMUM COSTS.CommentsClose CommentsPermalink
(a) is described as beginning at a point along the eastern limit of the existing project, N. 123,649.75, E. 481,920.54, thence running northwesterly about 52.64 feet to a point N. 123,683.03, E. 481,879.75, thence running northeasterly about 1,442.21 feet to a point N. 125,030.08, E. 482,394.96, thence running northeasterly about 139.52 feet to a point along the east limit of the existing channel, N. 125,133.87, E. 482,488.19, thence running southwesterly about 1,588.98 feet to the point of origin.SEC. 6004. INLAND WATERWAY FROM DELAWARE RIVER TO CHESAPEAKE BAY, PART II, INSTALLATION OF FENDER PROTECTION FOR BRIDGES, DELAWARE AND MARYLAND.The project for the construction of bridge fenders for the Summit and St. Georges Bridge for the Inland Waterway of the Delaware River to the C & D Canal of the Chesapeake Bay, authorized by the River and Harbor Act of 1954 (68 Stat. 1249), is not authorized.Maximum Cost of Projects- Section 601(b)(2)(E) of the Water Resources Development Act of 2000 (114 Stat. 2683) is amended by inserting `and section (d)' before the period at the end.CommentsClose CommentsPermalink
(b) Maximum Cost of Program Authority- Section 601(c)(3) of such Act (114 Stat. 2684) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(C) MAXIMUM COST OF PROGRAM AUTHORITY- Section 902 of the Water Resources Development Act of 1986 (
SEC. 6004. CREDIT.CommentsClose CommentsPermalink
Section 601(e)(5)(B) of the Water Resources Development Act of 2000 (114 Stat. 2685) is amended--CommentsClose CommentsPermalink
(1) in clause (i)--CommentsClose CommentsPermalink
(A) by striking `or' at the end of subclause (I);CommentsClose CommentsPermalink
(B) by adding `or' at the end of subclause (II); andCommentsClose CommentsPermalink
(C) by adding at the end the following:CommentsClose CommentsPermalink
`(III) the credit is provided for work carried out before the date of the partnership agreement between the Secretary and the non-Federal sponsor, as defined in an agreement between the Secretary and the non-Federal sponsor providing for such credit;'; andCommentsClose CommentsPermalink
(2) in clause (ii)--CommentsClose CommentsPermalink
(A) by striking `design agreement or the project cooperation'; andCommentsClose CommentsPermalink
(B) by inserting before the semicolon the following: `, including in the case of credit provided under clause (i)(III) conditions relating to design and construction'.CommentsClose CommentsPermalink
SEC. 6005. SHINGLE CREEK BASIN, FLORIDA.The project for flood control, Central and Southern Florida Project, Shingle Creek Basin, Florida, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1182), is not authorized.OUTREACH AND ASSISTANCE.CommentsClose CommentsPermalink
Section 601(k) of the Water Resources Development Act of 2000 (114 Stat. 2691) is amended by adding at the end the following:CommentsClose CommentsPermalink
`(3) MAXIMUM EXPENDITURES- The Secretary may expend up to $3,000,000 per fiscal year for fiscal years beginning after September 30, 2004, to carry out this subsection.'.CommentsClose CommentsPermalink
SEC. 6006. ILLINOIS WATERWAY, SOUTH FORK OF THE SOUTH BRANCH OF THE CHICAGO RIVER, ILLINOIS.(a) In General- The portion of the Illinois Waterway project authorized by the Act ofCRITICAL RESTORATION PROJECTS.CommentsClose CommentsPermalink
Section 528(b)(3)(C) of the Water Resources Development Act of 1996 (110 Stat. 3769) is amended--CommentsClose CommentsPermalink
(1) in clause (i) by striking `$75,000,000' and all that follows and inserting `$95,000,000'; andCommentsClose CommentsPermalink
(2) by striking clause (ii) and inserting the following:CommentsClose CommentsPermalink
`(ii) FEDERAL SHARE-CommentsClose CommentsPermalink
`(I) IN GENERAL- Except as provided in subclause (II), the Federal share of the cost of carrying out a project under subparagraph (A) shall not exceed $25,000,000.CommentsClose CommentsPermalink
`(II) SEMINOLE WATER CONSERVATION PLAN- The Federal share of the cost of carrying out the Seminole water conservation plan shall not exceed $30,000,000.'.CommentsClose CommentsPermalink
SEC. 6007. REGIONAL ENGINEERING MODEL FOR ENVIRONMENTAL RESTORATION.CommentsClose CommentsPermalink
(a) In General- The Secretary shall complete the development and testing of the regional engineering model for environmental restoration as expeditiously as practicable.CommentsClose CommentsPermalink
(b) Usage- The Secretary shall consider using, as appropriate, the regional engineering model for environmental restoration in the development of future water resource projects, including projects developed pursuant to section 601 of the Water Resources Development Act of 2000 (114 Stat. 2680).CommentsClose CommentsPermalink
TITLE VII--LOUISIANA COASTAL AREA
SEC. 7001. DEFINITIONS.CommentsClose CommentsPermalink
In this title, the following definitions apply:CommentsClose CommentsPermalink
(1) COASTAL LOUISIANA ECOSYSTEM- The term `coastal Louisiana ecosystem' means the coastal area of Louisiana from the Sabine River on the west to the Pearl River on the east, including those parts of the Atchafalaya River Basin and the Mississippi River Deltaic Plain below the Old River Control Structure and the Chenier Plain included within the study area of the restoration plan.CommentsClose CommentsPermalink
(2) GOVERNOR- The term `Governor' means the Governor of the State of Louisiana.CommentsClose CommentsPermalink
(3) RESTORATION PLAN- The term `restoration plan' means the report of the Chief of Engineers for ecosystem restoration for the Louisiana Coastal Area dated January 21, 1927 (commonly known as the `River and Harbor Act of 1927') (44 Stat. 1013), in the South Fork of the South Branch of the Chicago River, as identified in subsection (b) is not authorized31, 2005.CommentsClose CommentsPermalink
(4) TASK FORCE- The term `Task Force' means the Coastal Louisiana Ecosystem Protection and Restoration Task Force established by section 7003.CommentsClose CommentsPermalink
(5) COMPREHENSIVE PLAN- The term `comprehensive plan' means the plan developed under section 7002 and any revisions thereto.CommentsClose CommentsPermalink
SEC. 7002. COMPREHENSIVE PLAN.CommentsClose CommentsPermalink
(a) In General- The Secretary, in coordination with the Governor, shall develop a comprehensive plan for protecting, preserving, and restoring the coastal Louisiana ecosystem.CommentsClose CommentsPermalink
(b) Description of Project Portion- The portion of the project referred to in subsection (a) is the portion of the SW 1/4 of sec. 29, T. 39 N., R. 14 E., Third Principal Meridian, Cook County, Illinois, and more particularly described as follows:(1) Commencing at the SW corner of the SW 1/4Integration of Plan Into Comprehensive Hurricane Protection Study- In developing the comprehensive plan, the Secretary shall integrate the restoration plan into the analysis and design of the comprehensive hurricane protection study authorized by title I of the Energy and Water Development Appropriations Act, 2006 (119 Stat. 2247).CommentsClose CommentsPermalink
(c) Consistency With Comprehensive Coastal Protection Master Plan- In developing the comprehensive plan, the Secretary shall ensure that the plan is not inconsistent with the goals, analysis, and design of the comprehensive coastal protection master plan authorized and defined pursuant to Act 8 of the First Extraordinary Session of the Louisiana State Legislature, 2005.CommentsClose CommentsPermalink
(d) Inclusions- The comprehensive plan shall include a description of--CommentsClose CommentsPermalink
(1) the framework of a long-term program integrated with hurricane and storm damage reduction, flood damage reduction, and navigation activities that provide for the comprehensive protection, conservation, and restoration of the wetlands, estuaries, barrier islands, shorelines, and related land and features of the coastal Louisiana ecosystem, including protection of critical resources, habitat, and infrastructure from the effects of a coastal storm, a hurricane, erosion, or subsidence;CommentsClose CommentsPermalink
(2) the means by which a new technology, or an improved technique, can be integrated into the program referred to in paragraph (1);CommentsClose CommentsPermalink
(3) the role of other Federal and State agencies and programs in carrying out such program;CommentsClose CommentsPermalink
(4) specific, measurable success criteria (including ecological criteria) by which success of the plan will be measured;CommentsClose CommentsPermalink
(5) proposed projects in order of priority as determined by their respective potential to contribute to--CommentsClose CommentsPermalink
(A) creation of coastal wetlands; andCommentsClose CommentsPermalink
(B) flood protection of communities ranked by population density and level of protection; andCommentsClose CommentsPermalink
(6) efforts by Federal, State, and local interests to address sociological, economic, and related fields of law.CommentsClose CommentsPermalink
(e) Considerations- In developing the comprehensive plan, the Secretary shall consider the advisability of integrating into the program referred to in subsection (d)(1)--CommentsClose CommentsPermalink
(1) an investigation and study of the maximum effective use of the water and sediment of the Mississippi and Atchafalaya Rivers for coastal restoration purposes consistent with flood control and navigation;CommentsClose CommentsPermalink
(2) a schedule for the design and implementation of large-scale water and sediment reintroduction projects and an assessment of funding needs from any source;CommentsClose CommentsPermalink
(3) an investigation and assessment of alterations in the operation of the Old River Control Structure, consistent with flood control and navigation purposes;CommentsClose CommentsPermalink
(4) any related Federal or State project being carried out on the date on which the plan is developed;CommentsClose CommentsPermalink
(5) any activity in the restoration plan; andCommentsClose CommentsPermalink
(6) any other project or activity identified in one or more of--CommentsClose CommentsPermalink
(A) the Mississippi River and Tributaries program;CommentsClose CommentsPermalink
(B) the Louisiana Coastal Wetlands Conservation Plan;CommentsClose CommentsPermalink
(C) the Louisiana Coastal Zone Management Plan;CommentsClose CommentsPermalink
(D) the plan of the State of Louisiana entitled `Integrated Ecosystem Restoration and Hurricane Protection--Louisiana's Comprehensive Master Plan for a Sustainable Coast'; andCommentsClose CommentsPermalink
(E) other relevant reports as determined by the Secretary.CommentsClose CommentsPermalink
(f) Reports to Congress-CommentsClose CommentsPermalink
(1) INITIAL REPORT- Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to Congress a report containing the comprehensive plan.CommentsClose CommentsPermalink
(2) UPDATES- Not later than 5 years after the date of submission of a report under paragraph (1), and at least once every 5 years thereafter until implementation of the comprehensive plan is complete, the Secretary shall submit to Congress a report containing an update of the plan and an assessment of the progress made in implementing the plan.CommentsClose CommentsPermalink
SEC. 7003. LOUISIANA COASTAL AREA.CommentsClose CommentsPermalink
(a) In General- The Secretary may carry out a program for ecosystem restoration, Louisiana Coastal Area, Louisiana, substantially in accordance with the report of the Chief of Engineers, dated January 31, 2005.CommentsClose CommentsPermalink
(b) Priorities-CommentsClose CommentsPermalink
(1) IN GENERAL- In carrying out the program under subsection (a), the Secretary shall give priority to--CommentsClose CommentsPermalink
(A) any portion of the program identified in the report described in subsection (a) as a critical restoration feature;CommentsClose CommentsPermalink
(B) any Mississippi River diversion project that--CommentsClose CommentsPermalink
(i) will protect a major population area of the Pontchartrain, Pearl, Breton Sound, Barataria, or Terrebonne basins; andCommentsClose CommentsPermalink
(ii) will produce an environmental benefit to the coastal Louisiana ecosystem;CommentsClose CommentsPermalink
(C) any barrier island, or barrier shoreline, project that--CommentsClose CommentsPermalink
(i) will be carried out in conjunction with a Mississippi River diversion project; andCommentsClose CommentsPermalink
(ii) will protect a major population area;CommentsClose CommentsPermalink
(D) any project that will reduce storm surge and prevent or reduce the risk of loss of human life and the risk to public safety; andCommentsClose CommentsPermalink
(E) a project to physically modify the Mississippi River-Gulf Outlet and to restore the areas affected by the Mississippi River-Gulf Outlet in accordance with the comprehensive plan to be developed under section 7002(a) and consistent with sections 7006(c)(1)(A) and 7013.CommentsClose CommentsPermalink
SEC. 7004. COASTAL LOUISIANA ECOSYSTEM PROTECTION AND RESTORATION TASK FORCE.CommentsClose CommentsPermalink
(a) Establishment- There is established a task force to be known as the Coastal Louisiana Ecosystem Protection and Restoration Task Force (in this section referred to as the `Task Force').CommentsClose CommentsPermalink
(b) Membership- The Task Force shall consist of the following members (or, in the case of the head of a Federal agency, a designee of the head of the agency at the level of Assistant Secretary or an equivalent level):CommentsClose CommentsPermalink
(1) The Secretary.CommentsClose CommentsPermalink
(2) The Secretary of the Interior.CommentsClose CommentsPermalink
(3) The Secretary of Commerce.CommentsClose CommentsPermalink
(4) The Administrator of the Environmental Protection Agency.CommentsClose CommentsPermalink
(5) The Secretary of Agriculture.CommentsClose CommentsPermalink
(6) The Secretary of Transportation.CommentsClose CommentsPermalink
(7) The Secretary of Energy.CommentsClose CommentsPermalink
(8) The Administrator of the Federal Emergency Management Agency.CommentsClose CommentsPermalink
(9) The Commandant of the Coast Guard.CommentsClose CommentsPermalink
(10) The Chair of the Coastal Protection and Restoration Authority of Louisiana.CommentsClose CommentsPermalink
(11) Two representatives of the State of Louisiana selected by the Governor.CommentsClose CommentsPermalink
(c) Duties- The Task Force shall make recommendations to the Secretary regarding--CommentsClose CommentsPermalink
(1) policies, strategies, plans, programs, projects, and activities for addressing conservation, protection, restoration, and maintenance of the coastal Louisiana ecosystem;CommentsClose CommentsPermalink
(2) financial participation by each agency represented on the Task Force in conserving, protecting, restoring, and maintaining the coastal Louisiana ecosystem, including recommendations--CommentsClose CommentsPermalink
(A) that identify funds from current agency missions and budgets; andCommentsClose CommentsPermalink
(B) for coordinating individual agency budget requests; andCommentsClose CommentsPermalink
(3) the comprehensive plan to be developed under section 7002(a).CommentsClose CommentsPermalink
(d) Report- The Task Force shall submit to Congress a biennial report that summarizes the activities and recommendations of the Task Force.CommentsClose CommentsPermalink
(e) Working Groups-CommentsClose CommentsPermalink
(1) GENERAL AUTHORITY- The Task Force may establish such working groups as the Task Force determines to be necessary to assist the Task Force in carrying out this section.CommentsClose CommentsPermalink
(2) Thence north 1 degree, 32 minutes, 31 seconds west, bearing based on the Illinois State Plane Coordinate System, NAD 83 east zone, along the west line of that quarter, 1810.16 feet to the southerly line of the IllinoisHURRICANES KATRINA AND RITA-CommentsClose CommentsPermalink
(A) INTEGRATION TEAM- The Task Force shall establish a working group for the purpose of advising the Task Force of opportunities to integrate the planning, engineering, design, implementation, and performance of Corps of Engineers projects for hurricane and storm damage reduction, flood damage reduction, ecosystem restoration, and navigation in those areas in Louisiana for which a major disaster has been declared by the President as a result of Hurricane Katrina or Rita.CommentsClose CommentsPermalink
(B) EXPERTISE; REPRESENTATION- In establishing the working group under subparagraph (A), the Task Force shall ensure that the group--CommentsClose CommentsPermalink
(i) has expertise in coastal estuaries, diversions, coastal restoration and Michigan Canal.(3) Thence north 50 degrees, 41 minutes, 55 seconds east along that southerly line 62.91 feet to the easterly line of South Ashland Avenue, as widened by the ordinance dated November 24, 1920, which is also the east line of an easement to the State of Illinois for highway purposes numbered 12340342 and recorded July 13, 1939, for a point of beginningswetlands protection, ecosystem restoration, hurricane protection, storm damage reduction systems, navigation, and ports; andCommentsClose CommentsPermalink
(ii) represents the State of Louisiana and local governments in southern Louisiana.CommentsClose CommentsPermalink
(C) DUTIES- In developing its recommendations under this subsection, the working group shall--CommentsClose CommentsPermalink
(i) review reports relating to the performance of, and recommendations relating to the future performance of, the hurricane, coastal, and flood protection systems in southern Louisiana, including the reports issued by the Interagency Performance Evaluation Team, the National Academy of Sciences, the National Science Foundation, the American Society of Civil Engineers, and Team Louisiana for the purpose of advising the Task Force and the Secretary on opportunities to improve the performance of the protection systems;CommentsClose CommentsPermalink
(ii) assist in providing reviews under section 2035; andCommentsClose CommentsPermalink
(iii) carry out such other duties as the Task Force or the Secretary determines to be appropriate.CommentsClose CommentsPermalink
(f) Compensation- Members of the Task Force and members of a working group established by the Task Force may not receive compensation for their services as members of the Task Force or working group, as the case may be.CommentsClose CommentsPermalink
(g) Travel Expenses- Travel expenses incurred by members of the Task Force and members of a working group established by the Task Force, in the performance of their service on the Task Force or working group, as the case may be, shall be paid by the agency or entity that the member represents.CommentsClose CommentsPermalink
(h) Nonapplicability of FACA- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force or any working group established by the Task Force.CommentsClose CommentsPermalink
SEC. 7005. PROJECT MODIFICATIONS.CommentsClose CommentsPermalink
(a) Review- The Secretary, in cooperation with the non-Federal interest of the project involved, shall review each Federally-authorized water resources project in the coastal Louisiana ecosystem being carried out or completed as of the date of enactment of this Act to determine whether the project needs to be modified--CommentsClose CommentsPermalink
(1) to take into account the program authorized by section 7003 and the projects authorized by sections 7006(e) and 7013; orCommentsClose CommentsPermalink
(2) to contribute to ecosystem restoration under section 7003, 7006(e), or 7013.CommentsClose CommentsPermalink
(b) Modifications- Subject to subsections (c) and (d), the Secretary may carry out the modifications described in subsection (a).CommentsClose CommentsPermalink
(c) Public Notice and Comment- Before completing the report required under subsection (d), the Secretary shall provide an opportunity for public notice and comment.CommentsClose CommentsPermalink
(d) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Before modifying an operation or feature of a project under subsection (b), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report describing the modification.CommentsClose CommentsPermalink
(2) INCLUSION- A report describing a modification under paragraph (1) shall include such information relating to the timeline for and cost of the modification, as the Secretary determines to be relevant.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated to carry out this section $10,000,000.CommentsClose CommentsPermalink
SEC. 7006. CONSTRUCTION.CommentsClose CommentsPermalink
(a) Science and Technology-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall carry out a coastal Louisiana ecosystem science and technology program substantially in accordance with the restoration plan at a total cost of $100,000,000.CommentsClose CommentsPermalink
(2) PURPOSES- The purposes of the program shall be--CommentsClose CommentsPermalink
(A) to identify any uncertainty relating to the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem;CommentsClose CommentsPermalink
(B) to improve knowledge of the physical, chemical, geological, biological, and cultural baseline conditions in the coastal Louisiana ecosystem;CommentsClose CommentsPermalink
(C) to identify and develop technologies, models, and methods to carry out this subsection; andCommentsClose CommentsPermalink
(D) to advance and expedite the implementation of the comprehensive plan.CommentsClose CommentsPermalink
(3) WORKING GROUPS- The Secretary may establish such working groups as the Secretary determines to be necessary to assist the Secretary in carrying out this subsection.CommentsClose CommentsPermalink
(4) Thence continuing north 50 degrees, 41 minutes, 55 seconds east along that southerly line 70.13 feet to the southerly line of the South Branch Turning Basin per for the plat numbered 3645392 and recorded January 19, 1905CONTRACTS AND COOPERATIVE AGREEMENTS- In carrying out this subsection, the Secretary may enter into a contract or cooperative agreement with a consortium of academic institutions in Louisiana with scientific or engineering expertise in the restoration of aquatic and marine ecosystems for coastal restoration and enhancement through science and technology.CommentsClose CommentsPermalink
(5) Thence south 67 degrees, 18 minutes, 31 seconds east along that southerly line 245.50 feet.(6) Thence north 14 degrees, 35 minutes, 13 seconds east 145.38 feet.(7) Thence north 10 degrees, 57 minutes, 15 seconds east 326.87 feet.(8) Thence north 17 degrees, 52 minutes, 44 seconds west 56.20 feet.(9) Thence north 52 degrees, 7 minutes, 32 seconds west 78.69 feet.(10) Thence north 69 degrees, 26 minutes, 35 seconds west 58.97 feet.(11) Thence north 90 degrees, 00 minutes, 00 seconds west 259.02 feet to the east line of South Ashland Avenue.(12) Thence south 1 degree, 32 minutes, 31 seconds east along that east line 322.46 feet.(13) Thence south 00 degrees, 14 minutes, 35 seconds east along that east line 11.56 feet to the point of beginnings.SEC. 6007. BREVOORT, INDIANA.The project for flood control, Brevoort, Indiana, authorized by section 5 of the Flood Control AcAPPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE ACT- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to a working group established under this subsection.CommentsClose CommentsPermalink
(b) Demonstration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), the Secretary may carry out demonstration projects substantially in accordance with the restoration plan and within the coastal Louisiana ecosystem for the purpose of resolving critical areas of scientific or technological uncertainty related to the implementation of the comprehensive plan.CommentsClose CommentsPermalink
(2) MAXIMUM COST-CommentsClose CommentsPermalink
(A) TOTAL COST- The total cost for planning, design, and construction of all projects under this subsection shall not exceed $100,000,000.CommentsClose CommentsPermalink
(B) INDIVIDUAL PROJECT- The total cost of any single project under this subsection shall not exceed $25,000,000.CommentsClose CommentsPermalink
(c) Initial Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to carry out the following projects substantially in accordance with the restoration plan:CommentsClose CommentsPermalink
(A) Mississippi River-Gulf Outlet environmental restoration at a total cost of $105,300,000, but not including those elements of the project that produce navigation benefits.CommentsClose CommentsPermalink
(B) Small diversion at Hope Canal at a total cost of 1936 (49 Stat. 1587), is not authorized.SEC. 6008. MIDDLE WABASH, GREENFIELD BAYOU, INDIANA.The project for flood control, Middle Wabash, Greenfield Bayou, Indiana, authorized by section 10 of the Flood Control Act of 1946 (60 Stat. 649), is not authorized.SEC. 6009. LAKE GEORGE, HOBART, INDIANA.The project for flood damage reduction, Lake George, Hobart, Indiana, authorized by section 602 of the Water Resources Development Act of 1986 (100 Stat. 4148), is not authorized.SEC. 6010. GREEN BAY LEVEE AND DRAINAGE DISTRICT NO. 2, IOWA.The project for flood damage reduction, Green Bay Levee and Drainage District No. 2, Iowa, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4115), deauthorized in fiscal year 1991, and reauthorized by section 115(a)(1) of the Water Resources Development Act of 1992 (106 Stat. 4821), is not authorized.SEC. 6011. MUSCATINE HARBOR, IOWA.The project for navigation at the Muscatine Harbor on the Mississippi River at Muscatine, Iowa, authorized by section 101 of the River and Harbor Act of 1950 (64 Stat. 166), is not authorized.SEC. 6012. BIG SOUTH FORK NATIONAL RIVER AND RECREATIONAL AREA, KENTUCKY AND TENNESSEE.The project for recreation facilities at Big South Fork National River and Recreational Area, Kentucky and Tennessee, authorized by section 108 of the Water Resources Development Act of 1974 (88 Stat. 43), is not authorized.SEC. 6013. EAGLE CREEK LAKE, KENTUCKY.The project for flood control and water supply, Eagle Creek Lake, Kentucky, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1188), is not authorized.SEC. 6014. HAZARD, KENTUCKY.The project for flood damage reduction, Hazard, Kentucky, authorized by section 3 of the Water Resources Development Act of 1988 (102 Stat. 4014) and section 108 of the Water Resources Development Act of 1990 (104 Stat. 4621), is not authorized.SEC. 6015. WEST KENTUCKY TRIBUTARIES, KENTUCKY.The project for flood control, West Kentucky Tributaries, Kentucky, authorized by section 204 of the Flood Control Act of 1965 (79 Stat. 1081), section 201 of the Flood Control Act of 1970 (84 Stat. 1825), and section 401(b) of the Water Resources Development Act of 1986 (100 Stat. 4129), is not authorized.SEC. 6016. BAYOU COCODRIE AND TRIBUTARIES, LOUISIANA.The project for flood damage reduction, Bayou Cocodrie and Tributaries, Louisiana, authorized by section 3 of the of the Act of August 18, 1941 (55 Stat. 644, chapter 377), and section 1(a) of the Water Resources Development Act of 1974 (88 Stat. 12), is not authorized.SEC. 6017. BAYOU LAFOURCHE AND LAFOURCHE JUMP, LOUISIANA.The uncompleted portions of the project for navigation improvement for$68,600,000.CommentsClose CommentsPermalink
(C) Barataria basin barrier shoreline restoration at a total cost of $242,600,000.CommentsClose CommentsPermalink
(D) Small Bayou LaFourche and LaFourche Jump, Louisiana, authorized by the Act of August 30, 1935 (49 Stat. 1033, chapter 831), and the River and Harbor Act of 1960 (74 Stat. 481), are not authorized.SEC. 6018. EASTERN RAPIDES AND SOUTH-CENTRAL AVOYELLES PARISHES, LOUISIANA.The project for flood control, Eastern Rapides and South-Central Avoyelles Parishes, Louisiana, authorized by section 201 of the Flood Control Act of 1970 (84 Stat. 1825), is not authorized.SEC. 6019. FORT LIVINGSTON, GRAND TERRE ISLAND, LOUISIANA.The project for erosion protection and recreation, Fort Livingston, Grande Terre Island, Louisiana, authorized by the Act of August 13, 1946 (commonly known as the `Flood Control Act of 1946')fourche reintroduction at a total cost of $133,500,000.CommentsClose CommentsPermalink
(E) Medium diversion at Myrtle Grove with dedicated dredging at a total cost of $278,300,000.CommentsClose CommentsPermalink
(2) MODIFICATIONS-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out each project under paragraph (1), the Secretary shall carry out such modifications as may be necessary to the ecosystem restoration features identified in the restoration plan--CommentsClose CommentsPermalink
(i) to address the impacts of Hurricanes Katrina and Rita on the areas of the project; andCommentsClose CommentsPermalink
(ii) to ensure consistency with the project authorized by section 7013 (including work in and around the vicinity of the Mississippi River-Gulf Outlet).CommentsClose CommentsPermalink
(B) INTEGRATION- The Secretary shall ensure that each modification under subparagraph (A) is taken into account in conducting the study of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (119 Stat. 2247).CommentsClose CommentsPermalink
(C) MISSISSIPPI RIVER-GULF OUTLET- In carrying out the project under paragraph (1)(A), the Secretary shall carry out such modifications as may be necessary to make the project consistent with and complementary to the closure and restoration of the Mississippi River-Gulf Outlet authorized by section 7013.CommentsClose CommentsPermalink
(3) CONSTRUCTION REPORTS- Before the Secretary may begin construction of any project under this subsection, the Secretary shall submit a report documenting any modifications to the project, including cost changes, to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink
(4) APPLICABILITY OF OTHER PROVISIONS- Notwithstanding section 902 of the Water Resources Development Act of 1986 (
(d) Beneficial Use of Dredged Material-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, substantially in accordance with the restoration plan, shall implement in the coastal Louisiana ecosystem a program for the beneficial use of material dredged from federally maintained waterways at a total cost of bulkheads and jetties at Lake Borgne and Chef Menteur, Louisiana, as part$100,000,000.CommentsClose CommentsPermalink
(2) CONSIDERATION- In carrying out the program under paragraph (1), the Secretary shall consider the beneficial use of sediment from the Illinois River System for wetlands restoration in wetlands-depleted watersheds of the coastal Louisiana ecosystem.CommentsClose CommentsPermalink
(e) Additional Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary is authorized to carry out the following projects referred to in the restoration plan if the Secretary determines such projects are feasible:CommentsClose CommentsPermalink
(A) Land Bridge between Caillou Lake and the Gulf of Mexico at a total cost of $56,300,000.CommentsClose CommentsPermalink
(B) Gulf Shoreline at Point Au Fer Island at a total cost of $43,400,000.CommentsClose CommentsPermalink
(C) Modification of Caernarvon Diversion at a total cost of $20,700,000.CommentsClose CommentsPermalink
(D) Modification of Davis Pond Diversion at a total cost of $64,200,000.CommentsClose CommentsPermalink
(2) REPORTS- Not later than December 31, 2009, the Secretary shall submit feasibility reports on the projects described in paragraph (1) to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink
(3) PROJECTS SUBJECT TO REPORTS-CommentsClose CommentsPermalink
(A) FEASIBILITY REPORTS- Not later than December 31, 2008, the Secretary shall submit to Congress feasibility reports on the following projects referred to in the restoration plan:CommentsClose CommentsPermalink
(i) Multipurpose Operation of Houma Navigation Lock at a total cost of $18,100,000.CommentsClose CommentsPermalink
(ii) Terrebonne Basin Barrier Shoreline Restoration at a total cost of $124,600,000.CommentsClose CommentsPermalink
(iii) Small Diversion at Convent/Blind River at a total cost of $88,000,000.CommentsClose CommentsPermalink
(iv) Amite River Diversion Canal Modification at a total cost of $5,600,000.CommentsClose CommentsPermalink
(v) Medium Diversion at White's Ditch at a total cost of $86,100,000.CommentsClose CommentsPermalink
(vi) Convey Atchafalaya River Water to Northern Terrebonne Marshes at a total cost of $221,200,000.CommentsClose CommentsPermalink
(B) CONSTRUCTION- The Secretary may carry out the projects under subparagraph (A) substantially in accordance with the plans and subject to the conditions, recommended in a final report of the Chief of Engineers if a favorable report of the Chief is completed by not later than December 31, 2010.CommentsClose CommentsPermalink
(4) CONSTRUCTION- No appropriations shall be made to construct any project under this subsection if the report under paragraph (2) or paragraph (3), as the case may be, has not been approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink
SEC. 7007. NON-FEDERAL COST SHARE.CommentsClose CommentsPermalink
(a) Credit- The Secretary shall credit, in accordance with section 221 of the Flood Control Act 1970 (
(b) Sources of Funds- The non-Federal interest may use, and the Secretary shall accept, funds provided by a Federal agency under any other Federal program, to satisfy, in whole or in part, the non-Federal share of the cost of the study or project if the Federal agency that provides the funds determines that the funds are authorized to be used to carry out the study or project.CommentsClose CommentsPermalink
(c) Nongovernmental Organizations- A nongovernmental organization shall be eligible to contribute all or a portion of the non-Federal share of the cost of a project under this title.CommentsClose CommentsPermalink
(d) Treatment of Credit Between Projects- Any credit provided under this section toward the non-Federal share of the cost of a study or project under this title may be applied toward the non-Federal share of the cost of any other study or project under this title.CommentsClose CommentsPermalink
(e) Periodic Monitoring-CommentsClose CommentsPermalink
(1) IN GENERAL- To ensure that the contributions of the non-Federal interest equal the non-Federal share of the cost of a study or project under this title during each 5-year period beginning after the date of commencement of the first study or project under this title, the Secretary shall--CommentsClose CommentsPermalink
(A) monitor for each study or project under this title the non-Federal provision of cash, in-kind services and materials, and land, easements, rights-of-way, relocations, and disposal areas; andCommentsClose CommentsPermalink
(B) manage the requirement of the non-Federal interest to provide for each such study or project cash, in-kind services and materials, and land, easements, rights-of-way, relocations, and disposal areas.CommentsClose CommentsPermalink
(2) OTHER MONITORING- The Secretary shall conduct monitoring separately for the study phase, construction phase, preconstruction engineering and design phase, and planning phase for each project authorized on or after the date of enactment of this Act for all or any portion of the coastal Louisiana ecosystem.CommentsClose CommentsPermalink
(f) Audits- Credit for land, easements, rights-of-way, relocations, and disposal areas (including land value and incidental costs) provided under this section, and the cost of work provided under this section, shall be subject to audit by the Secretary.CommentsClose CommentsPermalink
SEC. 7008. PROJECT JUSTIFICATION.CommentsClose CommentsPermalink
(a) In General- Notwithstanding section 209 of the Flood Control Act of 1970 (
(1) the project or activity is justified by the environmental benefits derived by the coastal Louisiana ecosystem; andCommentsClose CommentsPermalink
(2) no further economic justification for the project or activity shall be required if the Secretary determines that the project or activity is cost effective.CommentsClose CommentsPermalink
(b) Limitation on Applicability- Subsection (a) shall not apply to any separable element of a project intended to produce benefits that are predominantly unrelated to the protection, preservation, and restoration of the coastal Louisiana ecosystem.CommentsClose CommentsPermalink
SEC. 7009. INDEPENDENT REVIEW.CommentsClose CommentsPermalink
The Secretary shall establish a council, to be known as the `Louisiana Water Resources Council', which shall serve as the exclusive peer review panel for activities conducted by the Corps of Engineers in the areas in the State of Louisiana declared as major disaster areas in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (
SEC. 7010. EXPEDITED REPORTS.CommentsClose CommentsPermalink
(a) In General- The Secretary shall expedite completion of the reports for the following projects and, if the Secretary determines that a project is feasible, proceed directly to project preconstruction engineering and design:CommentsClose CommentsPermalink
(1) The projects identified in the study of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (119 Stat. 2447).CommentsClose CommentsPermalink
(2) The projects identified in the Southwest Coastal Louisiana hurricane and storm damage reduction study authorized by the Committee on Transportation and Infrastructure of the House of Representatives on December 7, 2005.CommentsClose CommentsPermalink
(b) Submission of Reports- Upon completion of the reports identified in subsection (a), the Secretary shall submit the reports to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink
SEC. 7011. REPORTING.CommentsClose CommentsPermalink
Not later than 6 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report, including a description of--CommentsClose CommentsPermalink
(1) the projects authorized and undertaken under this title;CommentsClose CommentsPermalink
(2) the construction status of the projects;CommentsClose CommentsPermalink
(3) the cost to date and the expected final cost of each project undertaken under this title; andCommentsClose CommentsPermalink
(4) the benefits and environmental impacts of the projects.CommentsClose CommentsPermalink
SEC. 7012. NEW ORLEANS AND VICINITY.CommentsClose CommentsPermalink
(a) In General- The Secretary is authorized to--CommentsClose CommentsPermalink
(1) raise levee heights where necessary and otherwise enhance the Lake Pontchartrain and Vicinity project and the West Bank and Vicinity project to provide the level of protection necessary to achieve the certification required for a 100-year level of flood protection in accordance with the national flood insurance program under the base flood elevations current at the time of construction of the levee;CommentsClose CommentsPermalink
(2) modify the 17th Street, Orleans Avenue, and London Avenue drainage canals in the city of New Orleans and install pumps and closure structures at or near the lakefront at Lake Pontchartrain;CommentsClose CommentsPermalink
(3) armor critical elements of the New Orleans hurricane and storm damage reduction system;CommentsClose CommentsPermalink
(4) modify the Inner Harbor Navigation Canal to increase the reliability of the flood protection system for the city of New Orleans;CommentsClose CommentsPermalink
(5) replace or modify certain non-Federal levees in Plaquemines Parish to incorporate the levees into the New Orleans to Venice Hurricane Protection project;CommentsClose CommentsPermalink
(6) reinforce or replace flood walls in the existing Lake Pontchartrain and Vicinity project and the existing West Bank and Vicinity project to improve performance of the flood and storm damage reduction systems;CommentsClose CommentsPermalink
(7) perform one time stormproofing of interior pump stations to ensure the operability of the stations during hurricanes, storms, and high water events;CommentsClose CommentsPermalink
(8) repair, replace, modify and improve non-Federal levees and associated protection measures in Terrebonne Parish; andCommentsClose CommentsPermalink
(9) reduce the risk of storm damage to the greater New Orleans metropolitan area by restoring the surrounding wetlands through measures to begin to reverse wetland losses in areas affected by navigation, oil and gas, and other channels and through modification of the Caernarvon Freshwater Diversion structure or its operations.CommentsClose CommentsPermalink
(b) Cost Sharing- Activities authorized by subsection (a) and section 7013 shall be carried out in a manner that is consistent with the cost-sharing requirements specified in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (
(c) Conditions- The Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate if estimates for the expenditure of funds on any single project or activity identified in subsection (a) exceeds the amount specified for that project or activity in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006. No appropriation in excess of 25 percent above the amount specified for a project or activity in such Act may be made until an increase in the level of expenditure has been approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink
SEC. 7013. MISSISSIPPI RIVER-GULF OUTLET.CommentsClose CommentsPermalink
(a) Deauthorization-CommentsClose CommentsPermalink
(1) IN GENERAL- Effective beginning on the date of submission of the plan required under paragraph (3), the navigation channel portion of the Mississippi River-Gulf Intercoastal Waterway authorized by the first section of the River and Harbor Act of 1946 (60 Stat. 635), is not authorized.SEC. 6021. RED RIVER WATERWAY, SHREVEPORT, LOUISIANA TO DAINGERFIELD, TEXAS.The project for the Red River Waterway, Shreveport, Louisiana to Daingerfield, Texas, authorized by section 101 of the River and Harbor Act of 1968 (82 Stat. 731), is not authorized.SEC. 6022. CASCO BAY, PORTLAND, MAINE.The project for environmental infrastructure, Casco Bay in the Vicinity of Portland, Maine, authorized by section 307 of the Water Resources Development Act of 1992 (106 Stat. 4841), is not authorized.SEC. 6023. NORTHEAST HARBOR, MAINE.The project for navigation, Northeast Harbor, Maine, authorized by section 2 of the Act of March 2, 1945 (59 Stat. 12, chapter 19), is not authorized.SEC. 6024. PENOBSCOT RIVER, BANGOR, MAINE.The project for environmental infrastructure, Penobscot River in the Vicinity of Bangor, Maine, authorized by section 307 of the Water Resources Development Act of 1992 (106 Stat. 4841), is not authorized.SEC. 6025. SAINT JOHN RIVER BASIN, MAINE.The project for research and demonstration program of cropland irrigation and soil conservation techniques, Saint John River Basin, Maine, authorized by section 1108Outlet element of the project for navigation, Mississippi River, Baton Rouge to the Gulf of Mexico, authorized by the Act entitled `An Act to authorize construction of the Mississippi River-Gulf outlet', approved March 29, 1956 (70 Stat. 65) and modified by section 844 of the Water Resources Development Act of 1986 (106 Stat. 4230), is not authorized.SEC. 6026. TENANTS HARBOR, MAINE.The project for navigation, Tenants Harbor, Maine, authorized by the first section of the Act 0 Stat. 4177) and section 326 of the Water Resources Development Act of 1996 (110 Stat. 3717), which extends from the Gulf of Mexico to Mile 60 at the southern bank of the Gulf Intracoastal Waterway, is not authorized.CommentsClose CommentsPermalink
(2) SCOPE- Nothing in this paragraph modifies or deauthorizes the Inner Harbor navigation canal replacement project authorized by that Act of March 29, 1956.CommentsClose CommentsPermalink
(3) CLOSURE AND RESTORATION PLAN-CommentsClose CommentsPermalink
(A) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report on the deauthorization of the Mississippi River-Gulf outlet, as described under the heading `Investigations' under chapter 3 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (120 Stat. 453).CommentsClose CommentsPermalink
(B) INCLUSIONS- At a minimum, the report under subparagraph (A) shall include--CommentsClose CommentsPermalink
(i) a plan to physically modify the Mississippi River-Gulf Outlet and restore the areas affected by the navigation channel;CommentsClose CommentsPermalink
(ii) a plan to restore natural features of the ecosystem that will reduce or prevent damage from storm surge;CommentsClose CommentsPermalink
(iii) a plan to prevent the intrusion of saltwater into the waterway;CommentsClose CommentsPermalink
(iv) efforts to integrate the recommendations of the report with the program authorized under section 7003 and the analysis and design authorized by title I of the Energy and Water Development Appropriations Act, 2006 (119 Stat. 2247); andCommentsClose CommentsPermalink
(v) consideration of--CommentsClose CommentsPermalink
(I) use of native vegetation; andCommentsClose CommentsPermalink
(II) diversions of fresh water to restore the Lake Borgne ecosystem.CommentsClose CommentsPermalink
(4) CONSTRUCTION- The Secretary shall carry out a plan to close the Mississippi River-Gulf Outlet and restore and protect the ecosystem substantially in accordance with the plan required under paragraph (3), if the Secretary determines that the project is cost-effective, environmentally acceptable, and technically feasible.CommentsClose CommentsPermalink
SEC. 7014. HURRICANE AND STORM DAMAGE REDUCTION.CommentsClose CommentsPermalink
(a) Reports- With respect to the projects identified in the analysis and design of comprehensive hurricane protection authorized by title I of the Energy and Water Development Appropriations Act, 2006 (119 Stat. 2247), the Secretary shall submit, to the maximum extent practicable, specific project recommendations in a report developed under that title.CommentsClose CommentsPermalink
(b) Emergency Procedures-CommentsClose CommentsPermalink
(1) IN GENERAL- If the President determines that a project recommended in the analysis and design of comprehensive hurricane protection under title I of the Energy and Water Development Appropriations Act, 2006 could--CommentsClose CommentsPermalink
(A) address an imminent threat to life and property;CommentsClose CommentsPermalink
(B) prevent a dangerous storm surge from reaching a populated area;CommentsClose CommentsPermalink
(C) prevent the loss of coastal areas that reduce the impact of storm surge;CommentsClose CommentsPermalink
(D) benefit national energy security;CommentsClose CommentsPermalink
(E) protect emergency hurricane evacuation routes or shelters; orCommentsClose CommentsPermalink
(F) address inconsistencies in hurricane protection standards,CommentsClose CommentsPermalink
the President may submit to the President pro tempore of the Senate for authorization a legislative proposal relating to the project, as the President determines to be appropriate.CommentsClose CommentsPermalink
(2) PRIORITIZATION- In submitting legislative proposals under paragraph (1), the President shall give priority to any project that, as determined by the President, would--CommentsClose CommentsPermalink
(A) to the maximum extent practicable, reduce the risk--CommentsClose CommentsPermalink
(i) of loss of human life;CommentsClose CommentsPermalink
(ii) to public safety; andCommentsClose CommentsPermalink
(iii) of damage to property; andCommentsClose CommentsPermalink
(B) minimize costs and environmental impacts.CommentsClose CommentsPermalink
(3) EXPEDITED CONSIDERATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Beginning after December 31, 2008, any legislative proposal submitted by the President under paragraph (1) shall be eligible for expedited consideration in accordance with this paragraph.CommentsClose CommentsPermalink
(B) INTRODUCTION- As soon as practicable after the date of March 2, 1919 (40 Stat. 1275, chapter 95), is not authorized.SEC. 6027. FALMOUTH HARBOR, MASSACHUSETTS.The portion of the project for navigation, Falmouth Harbor, Massachusetts, authorized by section 101 of the River and Harbor Act of 1948 (62 Stat. 1172), beginning at a point along the eastern side of the inner harbor N200,415.05, E845,307.98, thence running north 25 degrees 48 minutes 54.3 seconds east 160.24 feet to a point N200,559.20, E845,377.76, thence running north 22 degrees 7 minutes 52.4 seconds east 596.82 feet to a point N201,112.15, E845,602.60, thence running north 60 degrees 1 minute 0.3 seconds east 83.18 feet to a point N201,153.72, E845,674.65, thence running south 24 degrees 56 minutes 43.4 seconds west 665.01 feet to a point N200,550.75, E845,394.18, thence running south 32 degrees 25 minutes 29.0 seconds west 160.76 feet to the point of origin, is not authorized.SEC. 6028. ISLAND END RIVER, MASSACHUSETTS.The portion of the project for navigation, Island End River, Massachusetts, carried out under section 107 of the River and Harborreceipt of a legislative proposal under paragraph (1), the Chairman of the Committee on Environment and Public Works of the Senate shall introduce the proposal as a bill, by request, in the Senate.CommentsClose CommentsPermalink
(C) REFERRAL- A bill introduced under subparagraph (B) shall be referred to the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink
(D) COMMITTEE CONSIDERATION-CommentsClose CommentsPermalink
(i) IN GENERAL- Not later than 45 legislative days after a bill under subparagraph (B) is referred to the committee in accordance with subparagraph (C), the committee shall act on the bill.CommentsClose CommentsPermalink
(ii) FAILURE TO ACT- If the committee fails to act on a bill by the date specified in clause (i), the bill shall be discharged from the committee and placed on the calendar of the Senate.CommentsClose CommentsPermalink
(4) EFFECTIVE DATE- The requirements of, and authorities under, this subsection shall expire on December 31, 2010.CommentsClose CommentsPermalink
SEC. 7015. LAROSE TO GOLDEN MEADOW.CommentsClose CommentsPermalink
(a) Report- Not later than 120 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing any modification required to the project for flood damage reduction, Larose to Golden Meadow, Louisiana, to provide the level of protection necessary to achieve the certification required for a 100-year level of flood protection in accordance with the national flood insurance program.CommentsClose CommentsPermalink
(b) Modifications- The Secretary is authorized to carry out a modification described in subsection (a) if--CommentsClose CommentsPermalink
(1) the Secretary determines that the modification in the report under subsection (a) is feasible; andCommentsClose CommentsPermalink
(2) the total cost of the modification does not exceed $90,000,000.CommentsClose CommentsPermalink
(c) Requirement- No appropriation shall be made to construct any modification under this section if the report under subsection (a) has not been approved by resolutions adopted by the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.CommentsClose CommentsPermalink
SEC. 7016. LOWER JEFFERSON PARISH, LOUISIANA.CommentsClose CommentsPermalink
(a) In General- The Secretary may carry out a project for flood damage reduction in Lower Jefferson Parish, Louisiana.CommentsClose CommentsPermalink
(b) Existing Studies- In carrying out the project, the Secretary shall use, to the maximum extent practicable, existing studies for projects for flood damage reduction in the vicinity of Lower Jefferson Parish, Louisiana, prepared under section 205 of the Flood Control Act of 196048 (
(c) Construction- The Secretary may proceed to construction or complete the construction of projects in Lower Jefferson Parish if the projects are being developed or carried out under section 205 of the Flood Control Act of July 13, 1892 (27 Stat. 96), between a line starting at a point N515,683.77, E707,035.45 and ending at a point N515,721.28, E707,069.85 and a line starting at a point N514,595.1948 as of the date of enactment of this Act.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There is authorized to be appropriated $100,000,000 to carry out this section.CommentsClose CommentsPermalink
TITLE VIII--UPPER MISSISSIPPI RIVER AND ILLINOIS WATER-WAY SYSTEM
SEC. 8001. DEFINITIONS.CommentsClose CommentsPermalink
In this title, the following definitions apply:CommentsClose CommentsPermalink
(1) PLAN- The term `Plan' means the project for navigation and ecosystem improvements for the Upper Mississippi River and Illinois Waterway System: Report of the Chief of Engineers, dated December 15, E707,746.15 and ending at a point N514,732.94, E707,658.38 shall be relocated and reduced from a 100-foot wide channel to a 52004.CommentsClose CommentsPermalink
(2) UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY SYSTEM- The term `Upper Mississippi River and Illinois Waterway System' means the projects for navigation and ecosystem restoration authorized by Congress for--CommentsClose CommentsPermalink
(A) the segment of the Mississippi River from the confluence with the Ohio River, River Mile 0.0, to Upper St. Anthony Falls Lock in Minneapolis-St. Paul, Minnesota, River Mile 854.0; andCommentsClose CommentsPermalink
(B) the Illinois Waterway from its confluence with the Mississippi River at Grafton, Illinois, River Mile 0.0, to T.J. O'Brien Lock in Chicago, Illinois, River Mile 327.0.CommentsClose CommentsPermalink
SEC. 8002. NAVIGATION IMPROVEMENTS AND RESTORATION.CommentsClose CommentsPermalink
Except as modified by this title, the Secretary shall undertake navigation improvements and restoration of the ecosystem for the Upper Mississippi River and Illinois Waterway System substantially in accordance with the Plan and subject to the conditions described therein.CommentsClose CommentsPermalink
SEC. 8003. AUTHORIZATION OF CONSTRUCTION OF NAVIGATION IMPROVEMENTS.CommentsClose CommentsPermalink
(a) Small Scale and Nonstructural Measures-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink
(A) construct mooring facilities at Locks 12, 14, 18, 20, 22, 24, and LaGrange Lock or other alternative locations that are economically and environmentally feasible;CommentsClose CommentsPermalink
(B) provide switchboats at Locks 20 through 25; andCommentsClose CommentsPermalink
(C) conduct development and testing of an appointment scheduling system.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- The total cost of projects authorized under this subsection shall be $256,000,000. Such costs are to be paid half from amounts appropriated from the general fund of the Treasury and half from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended.CommentsClose CommentsPermalink
(b) New Locks-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall construct new 1,200-foot wide channel after the date of enactment of this Act described as follows: Beginning at a point N515,721.28, E707,069.85, thence running southeasterly about 840.50 feet to a point N515,070.16, E707,601.27, thence running southeasterly about 177.54 feet to a point N514,904.84, E707,665.98, thence running southeasterly about 319.90 feet to a point with coordinates N514,595.15, E707,746.15, thence running northwesterly about 163.37 feet to a point N514,732.94, E707,658.38, thence running northwesterly about 161.58 feet to a point N514.889.47, E707,618.30, thence running northwesterly about 166.61 feet to a point N515.044.62, E707,557.58, thence running northwesterly about 825.31 feet to a point N515,683.77, E707,035.45, thence running northeasterly about 50.90 feet returning to a point N515,721.28, E707,069.85.SEC. 6030. GRAND HAVEN HARBOR, MICHIGAN.The project for navigation, Grand Haven Harbor, Michigan, authorized by section 202(a) of the Water Resources Development Act of 1986 (100 Stat. 4093), is not authorized.SEC. 6031. GREENVILLE HARBOR, MISSISSIPPI.The project for navigation, Greenville Harbor, Mississippi, authorized by section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142), is not authorized.SEC. 6032. PLATTE RIVER FLOOD AND RELATED STREAMBANK EROSION CONTROL, NEBRASKA.The project for flood damage reduction, Platte River Flood and Related Streambank Erosion Control, Nebraska, authorized by section 603locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- The total cost of projects authorized under this subsection shall be $1,948,000,000. Such costs are to be paid half from amounts appropriated from the general fund of the Treasury and half from amounts appropriated from the Inland Waterways Trust Fund. Such sums shall remain available until expended.CommentsClose CommentsPermalink
(c) Concurrence- The mitigation required for the projects authorized under subsections (a) and (b), including any acquisition of lands or interests in lands, shall be undertaken or acquired concurrently with lands and interests in lands for the projects authorized under subsections (a) and (b), and physical construction required for the purposes of mitigation shall be undertaken concurrently with the physical construction of such projects.CommentsClose CommentsPermalink
SEC. 8004. ECOSYSTEM RESTORATION AUTHORIZATION.CommentsClose CommentsPermalink
(a) Operation- To ensure the environmental sustainability of the existing Upper Mississippi River and Illinois Waterway System, the Secretary shall modify, consistent with requirements to avoid adverse effects on navigation, the operation of the Upper Mississippi River and Illinois Waterway System to address the cumulative environmental impacts of operation of the system and improve the ecological integrity of the Upper Mississippi River and Illinois River.CommentsClose CommentsPermalink
(b) Ecosystem Restoration Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall carry out, consistent with requirements to avoid adverse effects on navigation, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Upper Mississippi River and Illinois River in accordance with the general framework outlined in the Plan.CommentsClose CommentsPermalink
(2) PROJECTS INCLUDED- Ecosystem restoration projects may include--CommentsClose CommentsPermalink
(A) island building;CommentsClose CommentsPermalink
(B) construction of fish passages;CommentsClose CommentsPermalink
(C) floodplain restoration;CommentsClose CommentsPermalink
(D) water level management (including water drawdown);CommentsClose CommentsPermalink
(E) backwater restoration;CommentsClose CommentsPermalink
(F) side channel restoration;CommentsClose CommentsPermalink
(G) wing dam and dike restoration and modification;CommentsClose CommentsPermalink
(H) island and shoreline protection;CommentsClose CommentsPermalink
(I) topographical diversity;CommentsClose CommentsPermalink
(J) dam point control;CommentsClose CommentsPermalink
(K) use of dredged material for environmental purposes;CommentsClose CommentsPermalink
(L) tributary confluence restoration;CommentsClose CommentsPermalink
(M) spillway, dam, and levee modification to benefit the environment; andCommentsClose CommentsPermalink
(N) land and easement acquisition.CommentsClose CommentsPermalink
(3) COST SHARING-CommentsClose CommentsPermalink
(A) IN GENERAL- Except as provided in subparagraphs (B) and (C), the Federal share of the cost of carrying out an ecosystem restoration project under this subsection shall be 65 percent.CommentsClose CommentsPermalink
(B) EXCEPTION FOR CERTAIN RESTORATION PROJECTS- In the case of a project under this section for ecosystem restoration, the Federal share of the cost of carrying out the project shall be 100 percent if the project--CommentsClose CommentsPermalink
(i) is located below the ordinary high water mark or in a connected backwater;CommentsClose CommentsPermalink
(ii) modifies the operation of structures for navigation; orCommentsClose CommentsPermalink
(iii) is located on federally owned land.CommentsClose CommentsPermalink
(C) SAVINGS CLAUSE- Nothing in this subsection affects the applicability of section 906(e) of the Water Resources Development Act of 1986 (
(D) NONGOVERNMENTAL ORGANIZATIONS- In accordance with section 221 of the Flood Control Act of 1970 (
(4) LAND ACQUISITION- The Secretary may acquire land or an interest in land for an ecosystem restoration project from a willing seller through conveyance of--CommentsClose CommentsPermalink
(A) fee title to the land; orCommentsClose CommentsPermalink
(B) a flood plain conservation easement.CommentsClose CommentsPermalink
(c) Monitoring- The Secretary shall carry out a long term resource monitoring, computerized data inventory and analysis, and applied research program for the Upper Mississippi River and Illinois River to determine trends in ecosystem health, to understand systemic changes, and to help identify restoration needs. The program shall consider and adopt the monitoring program established under section 1103(e)(1)(A)(ii) of the Water Resources Development Act of 1986 (
(d) Ecosystem Restoration Preconstruction Engineering and Design-CommentsClose CommentsPermalink
(1) RESTORATION DESIGN- Before initiating the construction of any individual ecosystem restoration project, the Secretary shall--CommentsClose CommentsPermalink
(A) establish ecosystem restoration goals and identify specific performance measures designed to demonstrate ecosystem restoration;CommentsClose CommentsPermalink
(B) establish the without-project condition or baseline for each performance indicator; andCommentsClose CommentsPermalink
(C) for each separable element of the ecosystem restoration, identify specific target goals for each performance indicator.CommentsClose CommentsPermalink
(2) OUTCOMES- Performance measures identified under paragraph (1)(A) shall include specific measurable environmental outcomes, such as changes in water quality, hydrology, or the well-being of indicator species the population and distribution of which are representative of the abundance and diversity of ecosystem-dependent aquatic and terrestrial species.CommentsClose CommentsPermalink
(3) RESTORATION DESIGN- Restoration design carried out as part of ecosystem restoration shall include a monitoring plan for the performance measures identified under paragraph (1)(A), including--CommentsClose CommentsPermalink
(A) a timeline to achieve the identified target goals; andCommentsClose CommentsPermalink
(B) a timeline for the demonstration of project completion.CommentsClose CommentsPermalink
(e) Consultation and Funding Agreements-CommentsClose CommentsPermalink
(1) IN GENERAL- In carrying out the environmental sustainability, ecosystem restoration, and monitoring activities authorized in this section, the Secretary shall consult with the Secretary of the Interior and the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin.CommentsClose CommentsPermalink
(2) FUNDING AGREEMENTS- The Secretary is authorized to enter into agreements with the Secretary of the Interior, the Upper Mississippi River Basin Association, and natural resource and conservation agencies of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to provide for the direct participation of and transfer of funds to such entities for the planning, implementation, and evaluation of projects and programs established by this section.CommentsClose CommentsPermalink
(f) Specific Projects Authorization-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to carry out this subsection $1,717,000,000, of which not more than $245,000,000 shall be available for projects described in subsection (b)(2)(B) and not more than $48,000,000 shall be available for projects described in subsection (b)(2)(J). Such sums shall remain available until expended.CommentsClose CommentsPermalink
(2) LIMITATION ON AVAILABLE FUNDS- Of the amounts made available under paragraph (1), not more than $35,000,000 in any fiscal year may be used for land acquisition under subsection (b)(4).CommentsClose CommentsPermalink
(3) INDIVIDUAL PROJECT LIMIT- Other than for projects described in subparagraphs (B) and (J) of subsection (b)(2), the total cost of any single project carried out under this subsection shall not exceed $25,000,000.CommentsClose CommentsPermalink
(4) MONITORING- In addition to amounts authorized under paragraph (1), there are authorized $10,420,000 per fiscal year to carry out the monitoring program under subsection (c) if such sums are not appropriated pursuant to section 1103(e)(4) the Water Resources Development Act of 1986 (
(g) Implementation Reports-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than June 30, 2009, and every 4 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an implementation report that--CommentsClose CommentsPermalink
(A) includes baselines, milestones, goals, and priorities for ecosystem restoration projects; andCommentsClose CommentsPermalink
(B) measures the progress in meeting the goals.CommentsClose CommentsPermalink
(2) ADVISORY PANEL-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall appoint and convene an advisory panel to provide independent guidance in the development of each implementation report under paragraph (1).CommentsClose CommentsPermalink
(B) PANEL MEMBERS- Panel members shall include--CommentsClose CommentsPermalink
(i) one representative of each of the State resource agencies (or a designee of the Governor of the State) from each of the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin;CommentsClose CommentsPermalink
(ii) one representative of the Department of Agriculture;CommentsClose CommentsPermalink
(iii) one representative of the Department of Transportation;CommentsClose CommentsPermalink
(iv) one representative of the United States Geological Survey;CommentsClose CommentsPermalink
(v) one representative of the United States Fish and Wildlife Service;CommentsClose CommentsPermalink
(vi) one representative of the Environmental Protection Agency;CommentsClose CommentsPermalink
(vii) one representative of affected landowners;CommentsClose CommentsPermalink
(viii) two representatives of conservation and environmental advocacy groups; andCommentsClose CommentsPermalink
(ix) two representatives of agriculture and industry advocacy groups.CommentsClose CommentsPermalink
(C) CHAIRPERSON- The Secretary shall serve as chairperson of the advisory panel.CommentsClose CommentsPermalink
(D) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT- The Advisory Panel and any working group established by the Advisory Panel shall not be considered an advisory committee under the Federal Advisory Committee Act (5 U.S.C. App.).CommentsClose CommentsPermalink
(h) Ranking System-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary, in consultation with the Advisory Panel, shall develop a system to rank proposed projects.CommentsClose CommentsPermalink
(2) PRIORITY- The ranking system shall give greater weight to projects that restore natural river processes, including those projects listed in subsection (b)(2).CommentsClose CommentsPermalink
SEC. 8005. COMPARABLE PROGRESS.CommentsClose CommentsPermalink
(a) In General- As the Secretary conducts pre-engineering, design, and construction for projects authorized under this title, the Secretary shall--CommentsClose CommentsPermalink
(1) select appropriate milestones;CommentsClose CommentsPermalink
(2) determine, at the time of such selection, whether the projects are being carried out at comparable rates; andCommentsClose CommentsPermalink
(3) make an annual report to Congress, beginning in fiscal year 2009, regarding whether the projects are being carried out at a comparable rate.CommentsClose CommentsPermalink
(b) No Comparable Rate- If the Secretary or Congress determines under subsection (a)(2) that projects authorized under this title are not moving toward completion at a comparable rate, annual funding requests for the projects shall be adjusted to ensure that the projects move toward completion at a comparable rate in the future.CommentsClose CommentsPermalink
TITLE IX--NATIONAL LEVEE SAFETY PROGRAM
SEC. 9001. SHORT TITLE.CommentsClose CommentsPermalink
This title may be cited as the `National Levee Safety Act of 2007'.CommentsClose CommentsPermalink
SEC. 9002. DEFINITIONS.CommentsClose CommentsPermalink
In this title, the following definitions apply:CommentsClose CommentsPermalink
(1) COMMITTEE- The term `committee' means the Committee on Levee Safety established by section 9003(a).CommentsClose CommentsPermalink
(2) INSPECTION- The term `inspection' means an actual inspection of a levee--CommentsClose CommentsPermalink
(A) to establish the global information system location of the levee;CommentsClose CommentsPermalink
(B) to determine the general condition of the levee; andCommentsClose CommentsPermalink
(C) to estimate the number of structures and population at risk and protected by the levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee.CommentsClose CommentsPermalink
(3) LEVEE-CommentsClose CommentsPermalink
(A) IN GENERAL- The term `levee' means an embankment, including floodwalls--CommentsClose CommentsPermalink
(i) the primary purpose of which is to provide hurricane, storm, and flood protection relating to seasonal high water, storm surges, precipitation, and other weather events; andCommentsClose CommentsPermalink
(ii) that normally is subject to water loading for only a few days or weeks during a year.CommentsClose CommentsPermalink
(B) INCLUSION- The term includes structures along canals that constrain water flows and are subject to more frequent water loadings but that do not constitute a barrier across a watercourse.CommentsClose CommentsPermalink
(4) STATE- The term `State' means--CommentsClose CommentsPermalink
(A) a State;CommentsClose CommentsPermalink
(B) the District of Columbia;CommentsClose CommentsPermalink
(C) the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink
(D) any other territory or possession of the United States.CommentsClose CommentsPermalink
(5) STATE LEVEE SAFETY AGENCY- The term `State levee safety agency' means the agency of a State that has regulatory authority over the safety of any non-Federal levee in the State.CommentsClose CommentsPermalink
(6) UNITED STATES- The term `United States', when used in a geographical sense, means all of the States.CommentsClose CommentsPermalink
SEC. 9003. COMMITTEE ON LEVEE SAFETY.CommentsClose CommentsPermalink
(a) Establishment- There is established a committee to be known as the `Committee on Levee Safety'.CommentsClose CommentsPermalink
(b) Membership- The committee shall be composed of 16 members as follows:CommentsClose CommentsPermalink
(1) The Secretary (or the Secretary's designee), who shall serve as the chairperson of the Committee.CommentsClose CommentsPermalink
(2) The Administrator of the Federal Emergency Management Agency (or the Administrator's designee).CommentsClose CommentsPermalink
(3) The following 14 members appointed by the Secretary:CommentsClose CommentsPermalink
(A) Eight representatives of State levee safety agencies, one from each of the eight civil works divisions of the Corps of Engineers.CommentsClose CommentsPermalink
(B) Two representatives of the private sector who have expertise in levee safety.CommentsClose CommentsPermalink
(C) Two representatives of local and recreation, Tioga-Hammond Lakes, Mill Creek Recreation, Pennsylvania, authorized by section 203 of the Flood Control Act of 1958 (72 Stat. 313), is not authorized.SEC. 6044. TAMAQUA, PENNSYLVANIA.The project for flood control, Tamaqua, Pennsylvania, authorized by section 1(a) of the Water Resources Development Act of 1974 (88 Stat. 14), is not authorized.SEC. 6045. NARRAGANSETT TOWN BEACH, NARRAGANSETT, RHODE ISLAND.The project for navigation, Narragansett Town Beach, Narragansett, Rhode Island, authorized by section 361 of the Water Resources Development Act of 1992 (106 Stat. 4861), is not authorized.SEC. 6046. QUONSET POINT-DAVISVILLE, RHODE ISLAND.The project for bulkhead repairs, Quonset Point-Davisville, Rhode Island, authorized by section 571 of the Water Resources Development Act of 1996 (110 Stat. 3788), is not authorized.SEC. 6047. ARROYO COLORADO, TEXAS.The project for flood damage reduction, Arroyo Colorado, Texas, authorized by section 401(a) of the Water Resources Development Act of 1986 (100 Stat. 4125), is not authorized.SEC. 6048. CYPRESS CREEK-STRUCTURAL, TEXAS.The project for flood damage reduction, Cypress Creek-Structural, Texas, authorized by section 3(a)(13) of the Water Resources Development Act of 1988 (102 Stat. 4014), is not authorized.SEC. 6049. EAST FORK CHANNEL IMPROVEMENT, INCREMENT 2, EAST FORK OF THE TRINITY RIVER, TEXAS.The project for flood damage reduction, East Fork Channel Improvement, Increment 2, East Fork of the Trinity River, Texas, authorized by section 203 of the Flood Control Act of 1962 (76 Stat. 1185), is not authorized.SEC. 6050. FALFURRIAS, TEXAS.The project for flood damage reduction, Falfurrias, Texas, authorized by section 3(a)(14) of the Water Resources Development Act of 1988 (102 Stat. 4014), is not authorized.SEC. 6051. PECAN BAYOU LAKE, TEXAS.The project for flood control, Pecan Bayou Lake, Texas, authorized by section 203 of the Flood Control Act of 1968 (82 Stat. 742), is not authorized.SEC. 6052. LAKE OFgional governmental agencies who have expertise in levee safety.CommentsClose CommentsPermalink
(D) Two representatives of Indian tribes who have expertise in levee safety.CommentsClose CommentsPermalink
(c) Duties-CommentsClose CommentsPermalink
(1) DEVELOPMENT OF RECOMMENDATIONS FOR NATIONAL LEVEE SAFETY PROGRAM- The committee shall develop recomendations for a national levee safety program, including a strategic plan for implementation of the program.CommentsClose CommentsPermalink
(2) REPORT- Not later than 180 days after the date of enactment of this Act, the committee shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a report containing the recommendations developed under paragraph (1).CommentsClose CommentsPermalink
(d) Purposes- In developing recommendations under subsection (c)(1), the committee shall ensure that the national levee safety program meets the following goals:CommentsClose CommentsPermalink
(1) Ensuring the protection of human life and property by levees through the development of technologically, economically, socially, and environmentally feasible programs and procedures for hazard reduction and mitigation relating to levees.CommentsClose CommentsPermalink
(2) Encouraging use of the best available engineering policies and procedures for levee site investigation, design, construction, operation and maintenance, and emergency preparedness.CommentsClose CommentsPermalink
(3) Encouraging the establishment and implementation of an effective national levee safety program that may be delegated to qualified States for implementation, including identification of incentives and disincentives for State levee safety programs.CommentsClose CommentsPermalink
(4) Ensuring that levees are operated and maintained in accordance with appropriate and protective standards by conducting an inventory and inspection of levees.CommentsClose CommentsPermalink
(5) Developing and supporting public education and awareness projects to increase public acceptance and support of State and national levee safety programs.CommentsClose CommentsPermalink
(6) Building public awareness of the residual risks associated with living in levee protected areas.CommentsClose CommentsPermalink
(7) Developing technical assistance materials for State and national levee safety programs.CommentsClose CommentsPermalink
(8) Developing methods to provide technical assistance relating to levee safety to non-Federal entities.CommentsClose CommentsPermalink
(9) Developing technical assistance materials, seminars, and guidelines relating to the physical integrity of levees in the United States.CommentsClose CommentsPermalink
(e) Compensation of Members- A member of the committee shall serve without compensation.CommentsClose CommentsPermalink
(f) Travel Expenses- To the extent amounts are made available in advance in appropriations Acts, the Secretary shall reimburse a member of the committee for travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of a Federal agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in performance of services for the committee.CommentsClose CommentsPermalink
(g) Applicability of Federal Advisory Committee Act- The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the committee.CommentsClose CommentsPermalink
SEC. 9004. INVENTORY AND INSPECTION OF LEVEES.CommentsClose CommentsPermalink
(a) Levee Database-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than one year after the date of enactment of this Act, the Secretary shall establish and maintain a database with an inventory of the Nation's levees.CommentsClose CommentsPermalink
(2) CONTENTS- The database shall include--CommentsClose CommentsPermalink
(A) location information of all Federal levees in the Nation (including global information system information) and, for non-Federal levees, such information on levee location as is provided to the Secretary by State and local governmental agencies;CommentsClose CommentsPermalink
(B) utilizing such information as is available, the general condition of each levee; andCommentsClose CommentsPermalink
(C) an estimate of the number of structures and population at risk and protected by each levee that would be adversely impacted if the levee fails or water levels exceed the height of the levee.CommentsClose CommentsPermalink
(3) AVAILABILITY OF INFORMATION-CommentsClose CommentsPermalink
(A) AVAILABILITY TO FEDERAL, STATE, AND LOCAL GOVERNMENTAL AGENCIES- The Secretary shall make all of the information in the database available to appropriate Federal, State, and local governmental agencies.CommentsClose CommentsPermalink
(B) AVAILABILITY TO THE PINES, TEXAS.The project for navigation improvements affecting Lake of the Pines, Texas, for the portion ofUBLIC- The Secretary shall make the information in the Red River below Fulton, Arkansas, authorized by the Act of July 13, 1892 (27 Stat. 88, chapter 158), as amended by the Actdatabase described in paragraph (2)(A), and such other information in the database as the Secretary determines appropriate, available to the public.CommentsClose CommentsPermalink
(b) Inventory and Inspection of Levees-CommentsClose CommentsPermalink
(1) FEDERAL LEVEES- The Secretary, at Federal expense, shall establish an inventory and conduct an inspection of all federally owned and operated levees.CommentsClose CommentsPermalink
(2) FEDERALLY CONSTRUCTED, NONFEDERALLY OPERATED AND MAINTAINED LEVEES- The Secretary shall establish an inventory and conduct an inspection of all federally constructed, non-federally operated and maintained levees, at the original cost share for the project.CommentsClose CommentsPermalink
(3) PARTICIPATING LEVEES- For non-Federal levees the owners of which are participating in the emergency response to natural disasters program established under section 5 of the Act entitled `An Act authorizing the construction of July 24, 1946 (60 Stat. 635, chapter 595), the Act of May 17, 1950 (64 Stat. 163, chapter 188), and the River and Harbor Act of 1968 (82 Stat. 731), is not authorized.SEC. 6053. TENNESSEE COLONY LAKE, TEXAS.The project for navigation, Tennessee Colony Lake, Trinity River, Texas, authorized by section 204 of the River and Harbor Act of 1965 (79 Stat. 1091), is not authorized.SEC. 6054. CITY WATERWAY, TACOMA, WASHINGTON.The portion of the project for navigation, City Waterway, Tacoma, Washington, authorized by the first section of the Act of June 13, 1902 (32 Stat. 347), consisting of the last 1,000 linear feet of the inner portion of the Waterway beginning at Station 70+00 and ending at Station 80+00, is not authorized.SEC. 6055. KANAWHA RIVER, CHARLESTON, WEST VIRGINIA.The project for bank erosion, Kanawha River, Charleston, West Virginia, authorized by section 603(f)(13) of the Water Resources Development Act of 1986 (100 Stat. 4153), is not authorized.Attest:Secretary.
SEC. 9005. LIMITATIONS ON STATUTORY CONSTRUCTION.CommentsClose CommentsPermalink
Nothing in this title shall be construed as--CommentsClose CommentsPermalink
(1) creating any liability of the United States or its officers or employees for the recovery of damages caused by an action or failure to act; orCommentsClose CommentsPermalink
(2) relieving an owner or operator of a levee of a legal duty, obligation, or liability incident to the ownership or operation of a levee.CommentsClose CommentsPermalink
SEC. 9006. AUTHORIZATION OF APPROPRIATIONS.CommentsClose CommentsPermalink
There is authorized to be appropriated to the Secretary to carry out this title $20,000,000 for each of fiscal years 2008 through 2013.CommentsClose CommentsPermalink
Speaker of the House of Representatives.CommentsClose CommentsPermalink
Vice President of the United States andCommentsClose CommentsPermalink
President of the Senate.CommentsClose CommentsPermalink
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U.S. Congress - Text of H.R.1495 as Enrolled Bill Water Resources Development Act of 2007



