[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1495 Enrolled Bill (ENR)]
H.R.1495
One Hundred Tenth Congress
of the
United States of America
Begun and held at the City of Washington on Thursday,
the fourth day of January, two thousand and seven
An Act
To provide for the conservation and development of water and related
resources, to authorize the Secretary of the Army to construct various
projects for improvements to rivers and harbors of the United States,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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TITLE I

-WATER RESOURCES PROJECTS

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TITLE II

-GENERAL PROVISIONS

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16a59ca259fe598f937524fd37284fdce020acdf796767d34987b7683cd2ac3e

TITLE III

-PROJECT-RELATED PROVISIONS

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TITLE IV

-STUDIES

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TITLE V

-MISCELLANEOUS

restoration, Iowa, Kansas, Missouri, Montana, Nebraska, North
Dakota, South Dakota, and Wyoming.

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terrestrial wildlife habitat restoration, South Dakota.

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TITLE VII

-LOUISIANA COASTAL AREA

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

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TITLE IX

-NATIONAL LEVEE SAFETY PROGRAM

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(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 (33 U.S.C. 701s):
(1) Haleyville, alabama.--Project for flood damage reduction,
Haleyville, Alabama.
(2) Weiss lake, alabama.--Project for flood damage reduction,
Weiss Lake, Alabama.
(3) Fort yukon, alaska.--Project for flood damage reduction,
Fort Yukon, Alaska.
(4) Little colorado river levee, arizona.--Project for flood
damage reduction, Little Colorado River Levee, Arizona.
(5) Cache river basin, grubbs, arkansas.--Project for flood
damage reduction, Cache River Basin, Grubbs, Arkansas.
(6) Barrel springs wash, palmdale, california.--Project for
flood damage reduction, Barrel Springs Wash, Palmdale, California.
(7) Borrego springs, california.--Project for flood damage
reduction, Borrego Springs, California.
(8) Colton, california.--Project for flood damage reduction,
Colton, California.
(9) Dunlap stream, yucaipa, california.--Project for flood
damage reduction, Dunlap Stream, Yucaipa, California.
(10) Hunts canyon wash, palmdale, california.--Project for
flood damage reduction, Hunts Canyon Wash, Palmdale, California.
(11) Ontario and chino, california.--Project for flood damage
reduction, Ontario and Chino, California.
(12) Santa venetia, california.--Project for flood damage
reduction, Santa Venetia, California.
(13) Whittier, california.--Project for flood damage reduction,
Whittier, California.
(14) Wildwood creek, yucaipa, california.--Project for flood
damage reduction, Wildwood Creek, Yucaipa, California.
(15) Bibb county and city of macon levee, georgia.--Project for
flood damage reduction, Bibb County and City of Macon Levee,
Georgia.
(16) Fort wayne and vicinity, indiana.--Project for flood
damage reduction, St. Mary's and Maumee Rivers, Fort Wayne and
vicinity, Indiana.
(17) St. francisville, lousiana.--Project for flood damage
reduction, St. Francisville, Louisiana.
(18) Salem, massachusetts.--Project for flood damage reduction,
Salem, Massachusetts.
(19) Cass river, michigan.--Project for flood damage reduction,
Cass River, Vassar and vicinity, Michigan.
(20) Crow river, rockford, minnesota.--Project for flood damage
reduction, Crow River, Rockford, Minnesota.
(21) Marsh creek, minnesota.--Project for flood damage
reduction, Marsh Creek, Minnesota.
(22) South branch of the wild rice river, borup, minnesota.--
Project for flood damage reduction, South Branch of the Wild Rice
River, Borup, Minnesota.
(23) Blacksnake creek, st. joseph, missouri.--Project for flood
damage reduction, Blacksnake Creek, St. Joseph, Missouri.
(24) Acid brook, pompton lakes, new jersey.--Project for flood
damage reduction, Acid Brook, Pompton Lakes, New Jersey.
(25) Canisteo river, addison, new york.--Project for flood
damage reduction, Canisteo River, Addison, New York.
(26) Cohocton river, campbell, new york.--Project for flood
damage reduction, Cohocton River, Campbell, New York.
(27) Dry and otter creeks, cortland, new york.--Project for
flood damage reduction, Dry and Otter Creeks, Cortland, New York.
(28) East river, silver beach, new york city, new york.--
Project for flood damage reduction, East River, Silver Beach, New
York City, New York.
(29) East valley creek, andover, new york.--Project for flood
damage reduction, East Valley Creek, Andover, New York.
(30) Sunnyside brook, westchester county, new york.--Project
for flood damage reduction, Sunnyside Brook, Westchester County,
New York.
(31) Little yankee and mud run, trumbull county, ohio.--Project
for flood damage reduction, Little Yankee and Mud Run, Trumbull
County, Ohio.
(32) Little neshaminy creek, warrington, pennsylvania.--Project
for flood damage reduction, Little Neshaminy Creek, Warrington,
Pennsylvania.
(33) Southampton creek watershed, southampton, pennsylvania.--
Project for flood damage reduction, Southampton Creek watershed,
Southampton, Pennsylvania.
(34) Spring creek, lower macungie township, pennsylvania.--
Project for flood damage reduction, Spring Creek, Lower Macungie
Township, Pennsylvania.
(35) Yardley aqueduct, silver and brock creeks, yardley,
pennsylvania.--Project for flood damage reduction, Yardley
Aqueduct, Silver and Brock Creeks, Yardley, Pennsylvania.
(36) Surfside beach, south carolina.--Project for flood damage
reduction, Surfside Beach and vicinity, South Carolina.
(37) Sandy creek, jackson county, tennessee.--A project for
flood damage reduction, Sandy Creek, Jackson County, Tennessee.
(38) Congelosi ditch, missouri city, texas.--Project for flood
damage reduction, Congelosi Ditch, Missouri City, Texas.
(39) Dilley, texas.--Project for flood damage reduction,
Dilley, Texas.
(40) Cheyenne, wyoming.--Project for flood damage reduction,
Cheyenne, Wyoming.
(b) Special Rules.--
(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).
(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.
(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.
(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.
(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.
(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--
(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; and
(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.
(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.
(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.
(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)--
(A) Sandy Creek shall not be considered to be an authorized
channel of the West Tennessee Tributaries project; and
(B) the project shall not be considered to be part of the
West Tennessee Tributaries project.
(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.

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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 (33 U.S.C. 701r):
(1) Aliso creek, california.--Projects for emergency streambank
protection, Aliso Creek, California.
(2) St. johns bluff training wall, duval county, florida.--
Project for emergency streambank protection, St. Johns Bluff
Training Wall, Duval County, Florida.
(3) Gulf intracoastal waterway, iberville parish, louisiana.--
Projects for emergency streambank protection, Gulf Intracoastal
Waterway, Iberville Parish, Louisiana.
(4) Ouachita and black rivers, arkansas and louisiana.--
Projects for emergency streambank protection, Ouachita and Black
Rivers, Arkansas and Louisiana.
(5) Piney point lighthouse, st. mary's county, maryland.--
Project for emergency streambank protection, Piney Point
Lighthouse, St. Mary's County, Maryland.
(6) Pug hole lake, minnesota.--Project for emergency streambank
protection, Pug Hole Lake, Minnesota.
(7) Middle fork grand river, gentry county, missouri.--Project
for emergency streambank protection, Middle Fork Grand River,
Gentry County, Missouri.
(8) Platte river, platte city, missouri.--Project for emergency
streambank protection, Platte River, Platte City, Missouri.
(9) Rush creek, parkville, missouri.--Project for emergency
streambank protection, Rush Creek, Parkville, Missouri, including
measures to address degradation of the creek bed.
(10) Dry and otter creeks, cortland county, new york.--Project
for emergency streambank protection, Dry and Otter Creeks, Cortland
County, New York.
(11) Keuka lake, hammondsport, new york.--Project for emergency
streambank protection, Keuka Lake, Hammondsport, New York.
(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.
(13) Owego creek, tioga county, new york.--Project for
emergency streambank protection, Owego Creek, Tioga County, New
York.
(14) Howard road outfall, shelby county, tennessee.--Project
for emergency streambank protection, Howard Road outfall, Shelby
County, Tennessee.
(15) Mitch farm ditch and lateral d, shelby county,
tennessee.--Project for emergency streambank protection, Mitch Farm
Ditch and Lateral D, Shelby County, Tennessee.
(16) Wolf river tributaries, shelby county, tennessee.--Project
for emergency streambank protection, Wolf River tributaries, Shelby
County, Tennessee.
(17) Johnson creek, arlington, texas.--Project for emergency
streambank protection, Johnson Creek, Arlington, Texas.
(18) Wells river, newbury, vermont.--Project for emergency
streambank protection, Wells River, Newbury, Vermont.

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(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 (33 U.S.C. 577):
(1) Barrow harbor, alaska.--Project for navigation, Barrow
Harbor, Alaska.
(2) Coffman cove, alaska.--Project for navigation, Coffman
Cove, Alaska.
(3) Kotzebue harbor, alaska.--Project for navigation, Kotzebue
Harbor, Alaska.
(4) Nome harbor, alaska.--Project for navigation, Nome Harbor,
Alaska.
(5) Old harbor, alaska.--Project for navigation, Old Harbor,
Alaska.
(6) Little rock port, arkansas.--Project for navigation, Little
Rock Port, Arkansas River, Arkansas.
(7) Mississippi river ship channel, louisiana.--Project for
navigation, Mississippi River Ship Channel, Louisiana.
(8) East basin, cape cod canal, sandwich, massachusetts.--
Project for navigation, East Basin, Cape Cod Canal, Sandwich,
Massachusetts.
(9) Lynn harbor, lynn, massachusetts.--Project for navigation,
Lynn Harbor, Lynn, Massachusetts.
(10) Merrimack river, haverhill, massachusetts.--Project for
navigation, Merrimack River, Haverhill, Massachusetts.
(11) Oak bluffs harbor, oak bluffs, massachusetts.--Project for
navigation, Oak Bluffs Harbor, Oak Bluffs, Massachusetts.
(12) Woods hole great harbor, falmouth, massachusetts.--Project
for navigation, Woods Hole Great Harbor, Falmouth, Massachusetts.
(13) Au sable river, michigan.--Project for navigation, Au
Sable River in the vicinity of Oscoda, Michigan.
(14) Clinton river, michigan.--Project for navigation, Clinton
River, Michigan.
(15) Ontonagon river, michigan.--Project for navigation,
Ontonagon River, Ontonagon, Michigan.
(16) Outer channel and inner harbor, menominee harbor, michigan
and wisconsin.--Project for navigation, Outer Channel and Inner
Harbor, Menominee Harbor, Michigan and Wisconsin.
(17) Sebewaing river, michigan.--Project for navigation,
Sebewaing River, Michigan.
(18) Traverse city harbor, traverse city, michigan.--Project
for navigation, Traverse City Harbor, Traverse City, Michigan.
(19) Tower harbor, tower, minnesota.--Project for navigation,
Tower Harbor, Tower, Minnesota.
(20) Olcott harbor, olcott, new york.--Project for navigation,
Olcott Harbor, Olcott, New York.
(21) Milwaukee harbor, wisconsin.--Project for navigation,
Milwaukee Harbor, Milwaukee, Wisconsin.
(b) Special Rules.--
(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.
(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.

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ENVIRONMENT.
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 (33 U.S.C. 2309a):
(1) Ballona creek, los angeles county, california.--Project for
improvement of the quality of the environment, Ballona Creek, Los
Angeles County, California.
(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.
(3) Ft. george inlet, duval county, florida.--Project for
improvement of the quality of the environment, Ft. George Inlet,
Duval County, Florida.
(4) Rathbun lake, iowa.--Project for improvement of the quality
of the environment, Rathbun Lake, Iowa.
(5) Smithville lake, missouri.--Project for improvement of the
quality of the environment, Smithville Lake, Missouri.
(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.
(7) Tioga-hammond lakes, pennsylvania.--Project for improvement
of the quality of the environment, Tioga-Hammond Lakes,
Pennsylvania.

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(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 (33 U.S.C. 2330):
(1) Cypress creek, montgomery, alabama.--Project for aquatic
ecosystem restoration, Cypress Creek, Montgomery, Alabama.
(2) Black lake, alaska.--Project for aquatic ecosystem
restoration, Black Lake, Alaska, at the head of the Chignik
watershed.
(3) Ben lomond dam, santa cruz, california.--Project for
aquatic ecosystem restoration, Ben Lomond Dam, Santa Cruz,
California.
(4) Dockweiler bluffs, los angeles county, california.--Project
for aquatic ecosystem restoration, Dockweiler Bluffs, Los Angeles
County, California.
(5) Salt river, california.--Project for aquatic ecosystem
restoration, Salt River, California.
(6) San diego river, california.--Project for aquatic ecosystem
restoration, San Diego River, California, including efforts to
address aquatic nuisance species.
(7) 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.
(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.
(9) Suisun marsh, san pablo bay, california.--Project for
aquatic ecosystem restoration, Suisun Marsh, San Pablo Bay,
California.
(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.
(11) Biscayne bay, florida.--Project for aquatic ecosystem
restoration, Biscayne Bay, Key Biscayne, Florida.
(12) Clam bayou and dinkins bayou, sanibel island, florida.--
Project for aquatic ecosystem restoration, Clam Bayou and Dinkins
Bayou, Sanibel Island, Florida.
(13) Mountain park, georgia.--Project for aquatic ecosystem
restoration, Mountain Park, Georgia.
(14) Chattahoochee fall line, georgia and alabama.--Project for
aquatic ecosystem restoration, Chattahoochee Fall Line, Georgia and
Alabama.
(15) Longwood cove, gainesville, georgia.--Project for aquatic
ecosystem restoration, Longwood Cove, Gainesville, Georgia.
(16) City park, university lakes, louisiana.--Project for
aquatic ecosystem restoration, City Park, University Lakes,
Louisiana.
(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.
(18) Milford pond, milford, massachusetts.--Project for aquatic
ecosystem restoration, Milford Pond, Milford, Massachusetts.
(19) Mill pond, littleton, massachusetts.--Project for aquatic
ecosystem restoration, Mill Pond, Littleton, Massachusetts.
(20) Pine tree brook, milton, massachusetts.--Project for
aquatic ecosystem restoration, Pine Tree Brook, Milton,
Massachusetts.
(21) Clinton river, michigan.--Project for aquatic ecosystem
restoration, Clinton River, Michigan.
(22) Kalamazoo river watershed, battle creek, michigan.--
Project for aquatic ecosystem restoration, Kalamazoo River
watershed, Battle Creek, Michigan.
(23) Rush lake, minnesota.--Project for aquatic ecosystem
restoration, Rush Lake, Minnesota.
(24) South fork of the crow river, hutchinson, minnesota.--
Project for aquatic ecosystem restoration, South Fork of the Crow
River, Hutchinson, Minnesota.
(25) St. louis, missouri.--Project for aquatic ecosystem
restoration, St. Louis, Missouri.
(26) Mobley dam, tongue river, montana.--Project for aquatic
ecosystem restoration, Mobley Dam, Tongue River, Montana.
(27) S and h dam, tongue river, montana.--Project for aquatic
ecosystem restoration, S and H Dam, Tongue River, Montana.
(28) Vandalia dam, milk river, montana.--Project for aquatic
ecosystem restoration, Vandalia Dam, Milk River, Montana.
(29) Truckee river, reno, nevada.--Project for aquatic
ecosystem restoration, Truckee River, Reno, Nevada, including
features for fish passage in Washoe County.
(30) Grover's mill pond, new jersey.--Project for aquatic
ecosystem restoration, Grover's Mill Pond, New Jersey.
(31) Caldwell county, north carolina.--Project for aquatic
ecosystem restoration, Caldwell County, North Carolina.
(32) Mecklenburg county, north carolina.--Project for aquatic
ecosystem restoration, Mecklenburg County, North Carolina.
(33) Dugway creek, bratenahl, ohio.--Project for aquatic
ecosystem restoration, Dugway Creek, Bratenahl, Ohio.
(34) Johnson creek, gresham, oregon.--Project for aquatic
ecosystem restoration, Johnson Creek, Gresham, Oregon.
(35) Beaver creek, beaver and salem, pennsylvania.--Project for
aquatic ecosystem restoration, Beaver Creek, Beaver and Salem,
Pennsylvania.
(36) Cementon dam, lehigh river, pennsylvania.--Project for
aquatic ecosystem restoration, Cementon Dam, Lehigh River,
Pennsylvania.
(37) Ingham spring dam, solebury township, pennsylvania.--
Project for aquatic ecosystem restoration, Ingham Spring Dam,
Solebury Township, Pennsylvania.
(38) Saucon creek, northampton county, pennsylvania.--Project
for aquatic ecosystem restoration, Saucon Creek, Northampton
County, Pennsylvania.
(39) Stillwater lake dam, monroe county, pennsylvania.--Project
for aquatic ecosystem restoration, Stillwater Lake Dam, Monroe
County, Pennsylvania.
(40) Blackstone river, rhode island.--Project for aquatic
ecosystem restoration, Blackstone River, Rhode Island.
(41) Wilson branch, cheraw, south carolina.--Project for
aquatic ecosystem restoration, Wilson Branch, Cheraw, South
Carolina.
(42) White river, bethel, vermont.--Project for aquatic
ecosystem restoration, White River, Bethel, Vermont.
(43) College lake, lynchburg, virginia.--Project for aquatic
ecosystem restoration, College Lake, Lynchburg, Virginia.
(b) Special Rules.--
(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.
(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.
(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.
(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.

b87fc0bd661fdc97b19d35bdd07cb76404cd0a41989d945a15df5253da05cc78

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 (33 U.S.C.
426g):
(1) Nelson lagoon, alaska.--Project for shoreline protection,
Nelson Lagoon, Alaska.
(2) Nicholas canyon, los angeles, california.--Project for
shoreline protection, Nicholas Canyon, Los Angeles, California.
(3) Sanibel island, florida.--Project for shoreline protection,
Sanibel Island, Florida.
(4) Apra harbor, guam.--Project for shoreline protection, Apra
Harbor, Guam.
(5) Piti, cabras island, guam.--Project for shoreline
protection, Piti, Cabras Island, Guam.
(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.
(7) Delaware river, philadelphia naval shipyard,
pennsylvania.--Project for shoreline protection, Delaware River in
the vicinity of the Philadelphia Naval Shipyard, Pennsylvania.
(8) Port aransas, texas.--Project for shoreline protection,
Port Aransas, Texas.

1c2c21f26412566e8c9ed7a657568857e0fb7d97d4566dd0b897e088db86e50f

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 (33 U.S.C. 701g): Project for removal of snags and
clearing and straightening of channels for flood control, Kowawese
Unique Area and Hudson River, New Windsor, New York.

015e0bc500408d9dac0ca4895f99aee88df13e75c3358fdf503905d6f7870e69

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

132327313591f312d0d95db85adaf22293d56b847ced5dc0ecb859661f97c257

(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 (33
U.S.C. 610).
(b) Special Rule.--In carrying out the project under subsection
(a), the Secretary may control and eradicate riverine nuisance plants.

daa32e564d531e2500be5cccff008fa407d926067420c1241909e00a035b3c57

Section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213) is amended by adding at the end the following:
``(n) Non-Federal Contributions.--
``(1) Prohibition on solicitation of excess contributions.--The
Secretary may not--
``(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); or
``(B) condition Federal participation in such projects or
measures on the receipt of such contributions.
``(2) Limitation on statutory construction.--Nothing in this
subsection shall be construed to affect the Secretary's authority
under section 903(c).''.

391716c5cd68cc20c3aecea126f85fa7d94e6fa8083d5e226dc9b92b1ed31b82

Section 214(c) of the Water Resources Development Act of 2000 (33
U.S.C. 2201 note; 114 Stat. 2594; 119 Stat. 2169; 120 Stat. 318; 120
Stat. 3197) is amended by striking ``2008'' and inserting ``2009''.

6bf2b5174c6f044bc21331b06d55de82c8a25b05c055573468633cb798cd31bb

(a) In General.--Section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) is amended--
(1) by striking ``sec. 221.'' and inserting the following:
``SEC. 221. WRITTEN AGREEMENT REQUIREMENT FOR WATER RESOURCES
PROJECTS.'';
(2) by striking subsection (a) and inserting the following:
``(a) Cooperation of Non-Federal Interest.--
``(1) In general.--After December 31, 1970, the construction of
any water resources project, or an acceptable separable element
thereof, by the Secretary of the Army, acting through the Chief of
Engineers, or by a non-Federal interest where such interest will be
reimbursed for such construction under any provision of law, shall
not be commenced until each non-Federal interest has entered into a
written partnership agreement with the Secretary (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.
``(2) Liquidated damages.--A partnership agreement described in
paragraph (1) may include a provision for liquidated damages in the
event of a failure of one or more parties to perform.
``(3) Obligation of future appropriations.--In any partnership
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.
``(4) Credit for in-kind contributions.--
``(A) In general.--A 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 without
specific authorization in law, the value of in-kind
contributions made by the non-Federal interest, including--
``(i) the costs of planning (including data
collection), design, management, mitigation, construction,
and construction services that are provided by the non-
Federal interest for implementation of the project;
``(ii) the value of materials or services provided
before execution of the partnership agreement, including
efforts on constructed elements incorporated into the
project; and
``(iii) the value of materials and services provided
after execution of the partnership agreement.
``(B) Condition.--The Secretary may credit an in-kind
contribution under subparagraph (A) only if the Secretary
determines that the material or service provided as an in-kind
contribution is integral to the project.
``(C) Work 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.
``(D) Limitations.--Credit authorized under this paragraph
for a project--
``(i) shall not exceed the non-Federal share of the
cost of the project;
``(ii) shall not alter any other requirement that a
non-Federal interest provide lands, easements, relocations,
rights-of-way, or areas for disposal of dredged material
for the project;
``(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 (33 U.S.C. 2211; 33
U.S.C. 2213); and
``(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.
``(E) Applicability.--
``(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.
``(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.''.
(b) Non-Federal Interest.--Section 221(b) of such Act is amended to
read as follows:
``(b) Definition of Non-Federal Interest.--The term `non-Federal
interest' means--
``(1) a legally constituted public body (including a federally
recognized Indian tribe); or
``(2) a nonprofit entity with the consent of the affected local
government,
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.''.
(c) Program Administration.--Section 221 of such Act is further
amended--
(1) by redesignating subsection (e) as subsection (h); and
(2) by inserting after subsection (d) the following:
``(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--
``(1) the authority to approve any policy in a partnership
agreement that has appeared in an agreement previously approved by
the Secretary;
``(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;
``(3) the authority to approve any partnership agreement that
complies with the policies and guidelines issued by the Secretary;
and
``(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.
``(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:
``(1) The number of partnership agreements signed by district
engineers and the number of partnership agreements signed by the
Secretary.
``(2) For any partnership agreement signed by the Secretary, an
explanation of why delegation to the district engineer was not
appropriate.
``(g) Public Availability.--Not later than 120 days after the date
of enactment of this subsection, the Chief of Engineers shall--
``(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; and
``(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.''.
(d) Local Cooperation.--Section 912(b) of the Water Resources
Development Act of 1986 (101 Stat. 4190) is amended--
(1) in paragraph (2)--
(A) by striking ``shall'' the first place it appears and
inserting ``may''; and
(B) by striking the last sentence; and
(2) in paragraph (4)--
(A) by inserting after ``injunction, for'' the following:
``payment of damages or, for'';
(B) by striking ``to collect a civil penalty imposed under
this section,''; and
(C) by striking ``any civil penalty imposed under this
section,'' and inserting ``any damages,''.
(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.
(f) Agreements and References.--
(1) In general.--A goal of agreements entered into under
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b)
shall be to further partnership and cooperation, and the agreements
shall be referred to as ``partnership agreements''.
(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.
(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.

b164659cc1064232fbe954a89b8d287abeebf7549b92f0d0558bf8bb6a588262

(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.
(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.
(c) Index.--The Secretary shall include an index in each volume
compiled, and each volume reprinted, pursuant to this section.
(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.
(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.

eaea76123896e3134327ff17b0b376703d7b1ccdf1885dd244a1d57d7cdd5c58

Section 217 of the Water Resources Development Act of 1996 (33
U.S.C. 2326a) is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) the following:
``(c) Dredged Material Facility.--
``(1) In general.--The Secretary may enter into a partnership
agreement under section 221 of the Flood Control Act of 1970 (42
U.S.C. 1962d-5b) with one or more non-Federal interests with
respect to a water resources project, or group of water resources
projects within a geographic region, if appropriate, for the
acquisition, design, construction, management, or operation of a
dredged material processing, treatment, contaminant reduction, or
disposal facility (including any facility used to demonstrate
potential beneficial uses of dredged material, which may include
effective sediment contaminant reduction technologies) using funds
provided in whole or in part by the Federal Government.
``(2) Performance.--One or more of the parties to a partnership
agreement under this subsection may perform the acquisition,
design, construction, management, or operation of a dredged
material processing, treatment, contaminant reduction, or disposal
facility.
``(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.
``(4) Specified federal funding sources and cost sharing.--
``(A) Specified federal funding.--A partnership agreement
with respect to a facility under this subsection shall
specify--
``(i) the Federal funding sources and combined cost-
sharing when applicable to multiple water resources
projects; and
``(ii) the responsibilities and risks of each of the
parties relating to present and future dredged material
managed by the facility.
``(B) Management of sediments.--
``(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.
``(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.
``(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
(42 U.S.C. 1962d-5b).
``(5) Credit.--
``(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.
``(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.
``(C) Non-federal interest responsibilities.--A non-Federal
interest entering into a partnership agreement under this
subsection for a facility shall--
``(i) be responsible for providing all necessary lands,
easements, relocations, and rights-of-way associated with
the facility; and
``(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.''; 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, contaminant
reduction, or'' after ``dredged material'' the first place it
appears in each of those paragraphs.

fada35e3c358a70c10d450f20fcd4a4727c136c25edadd1398150534216d83e2

(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--
(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; or
(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;
(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; and
(3) the long-term viability of the community would be
threatened without the harbor and navigation improvement.
(b) Justification.--In considering whether to recommend a project
under subsection (a), the Secretary shall consider the benefits of the
project to--
(1) public health and safety of the local community, including
access to facilities designed to protect public health and safety;
(2) access to natural resources for subsistence purposes;
(3) local and regional economic opportunities;
(4) welfare of the local population; and
(5) social and cultural value to the community.

615277ecb539ef5048baefafd466d0a0fa7536235c223fc082d90bf4b6948bb3

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.

f92db87484f3cf822f888190da22c81924e447c8568009e5fc1bbc48f25f31bf

(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.
(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.
(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.

97b6859d8bd3464035c362fdd95b23fe6fd2e700fa0a1617875a838102fa4d68

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 (42 U.S.C. 5121 et seq.).

bb14a29949ebe38e648aa32ce1d67709bae288cb7a4d91ab495e51049f003398

Section 729 of the Water Resources Development Act of 1986 (33
U.S.C. 2267a; 114 Stat. 2587-2588; 100 Stat. 4164) is amended--
(1) in subsection (d)--
(A) by striking ``and'' at the end of paragraph (4);
(B) by striking the period at the end of paragraph (5) and
inserting a semicolon; and
(C) by adding at the end the following:
``(6) Tuscarawas River Basin, Ohio;
``(7) Sauk River Basin, Snohomish and Skagit Counties,
Washington;
``(8) Niagara River Basin, New York;
``(9) Genesee River Basin, New York; and
``(10) White River Basin, Arkansas and Missouri.'';
(2) by striking paragraph (1) of subsection (f) and inserting
the following:
``(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.''; and
(3) by striking subsection (g).

e37aaec1b4113951b8f260d9ba192a6c9be25ea79eaf46d33640cc67a6988ea8

(a) Program.--Section 203(b) of the Water Resources Development Act
of 2000 (33 U.S.C. 2269(b); 114 Stat. 2589) is amended--
(1) in paragraph (1) by inserting ``carry out water-related
planning activities and'' after ``the Secretary may'';
(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''; and
(3) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph (A);
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) watershed assessments and planning activities; and''.
(b) Authorization of Appropriations.--Section 203(e) of such Act is
amended by striking ``2006'' and inserting ``2012''.

2252e1eb2c54206174a94e73a28f552bb70aa3e829a334445bb8b29f776a5619

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

0be134685561f5496eff88616e86741f9a52aaaecceed9e98cbb248bb56f48cc

Section 22 of the Water Resources Development Act of 1974 (42
U.S.C. 1962d-16) is amended--
(1) in subsection (a) by striking ``The Secretary'' and
inserting the following:
``(a) Federal State Cooperation.--
``(1) Comprehensive plans.--The Secretary'';
(2) by inserting after the last sentence in subsection (a) the
following:
``(2) Technical assistance.--
``(A) In general.--At the request of a governmental agency
or non-Federal interest, the Secretary may provide, at Federal
expense, technical assistance to such agency or non-Federal
interest in managing water resources.
``(B) Types of assistance.--Technical assistance under this
paragraph may include provision and integration of hydrologic,
economic, and environmental data and analyses.'';
(3) in subsection (b)(1) by striking ``this section'' each
place it appears and inserting ``subsection (a)(1)'';
(4) in subsection (b)(2) by striking ``Up to \1/2\ of the'' and
inserting ``The'';
(5) in subsection (c) by striking ``(c) There is'' and
inserting the following:
``(c) Authorization of Appropriations.--
``(1) Federal and state cooperation.--There is'';
(6) in subsection (c)(1) (as designated by paragraph (5))--
(A) by striking ``the provisions of this section'' and
inserting ``subsection (a)(1),''; and
(B) by striking ``$500,000'' and inserting ``$2,000,000'';
(7) by inserting at the end of subsection (c) the following:
``(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.'';
(8) by redesignating subsection (d) as subsection (e); and
(9) by inserting after subsection (c) the following:
``(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.''.

ffbd8dcf5ede2dab3c1a73d1930eb98f07f34f68e88a84079776a746545adb7e

Section 602(a) of the Water Resources Development Act of 1986 (100
Stat. 4148; 110 Stat. 3758; 113 Stat. 295) is amended--
(1) by striking ``and'' at end of paragraph (18);
(2) by striking the period at the end of paragraph (19) and
inserting a semicolon; and
(3) by adding at the end the following:
``(20) Kinkaid Lake, Jackson County, Illinois, removal of silt
and aquatic growth and measures to address excessive sedimentation;
``(21) McCarter Pond, Borough of Fairhaven, New Jersey, removal
of silt and measures to address water quality;
``(22) Rogers Pond, Franklin Township, New Jersey, removal of
silt and restoration of structural integrity;
``(23) Greenwood Lake, New York and New Jersey, removal of silt
and aquatic growth;
``(24) Lake Rodgers, Creedmoor, North Carolina, removal of silt
and excessive nutrients and restoration of structural integrity;
``(25) Lake Sakakawea, North Dakota, removal of silt and
aquatic growth and measures to address excessive sedimentation;
``(26) Lake Luxembourg, Pennsylvania;
``(27) Lake Fairlee, Vermont, removal of silt and aquatic
growth and measures to address excessive sedimentation; and
``(28) Lake Morley, Vermont, removal of silt and aquatic growth
and measures to address excessive sedimentation.''.

9d96dd4ee044a91be750bb768f48dab10148d274b0796899976d04c5a3155c20

(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 section 6305 of title 31, United States
Code, with nonprofit organizations with expertise in wetlands
restoration to carry out such design and construction on behalf of the
Secretary.
(b) Limitations.--
(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.
(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.

8a67714d456fbf6c50597f1e9ad854d9669e2b5aeacacd778f8fb1bf20a97408

(a) In General.--The Secretary may include individuals 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.
(b) Expenses.--
(1) In general.--An individual not 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.
(2) Payments.--Payments made by an individual for training
received under paragraph (1), up to the actual cost of the
training--
(A) may be retained by the Secretary;
(B) shall be credited to an appropriations account used for
paying training costs; and
(C) shall be available for use by the Secretary, without
further appropriation, for training purposes.
(3) Excess amounts.--Any payments received under paragraph (2)
that are in excess of the actual cost of training provided shall be
credited as miscellaneous receipts to the Treasury of the United
States.

148f3e8163780f709268fcb48820c80bbc52280985e5806fcf6ffe42b1765135

(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.
(b) Data.--Public access under subsection (a) shall--
(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 (33 U.S.C. 1344); and
(2) appropriately employ geographic information system
technology and linkages to water resource models and analytical
techniques.
(c) Partnerships.--To the maximum extent practicable, in carrying
out activities under this section, the Secretary shall develop
partnerships, including cooperative agreements, with State, tribal, and
local governments and other Federal agencies.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for each fiscal year.

3ddca6e3e14f57d40bbab3b99e98f49c9e3c76930c165838837d5907be5c5bf3

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

de0675ee2f48dfb4fa26a473e5c0fc991c8d37cdabf26e9fd58fc0b83451f713

(a) Criteria and Procedures.--Section 103(m)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m)(2)) is amended by
striking ``180 days after such date of enactment'' and inserting
``December 31, 2007''.
(b) Projects.--The Secretary shall apply the criteria and
procedures referred to in section 103(m) of the Water Resources
Development Act of 1986 (33 U.S.C. 2213(m)) to the following projects:
(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).
(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).
(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).

41bd708478316341b2228247fb16cbe648d07849c84e48f58f6876a47f24511b

Section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330; 110 Stat. 3679) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Authority.--
``(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--
``(A)(i) will improve the quality of the environment and is
in the public interest; or
``(ii) will improve the elements and features of an estuary
(as defined in section 103 of the Estuaries and Clean Waters
Act of 2000 (33 U.S.C. 2902)); and
``(B) is cost-effective.
``(2) Dam removal.--A project under this section may include
removal of a dam.''; and
(2) in subsection (e) by striking ``$25,000,000'' and inserting
``$50,000,000''.

05bab3fc685adbdce103c2bf6d3337beabf63cde0342dd4c6b4f0bc6e3503096

Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended by striking ``$50,000,000'' and inserting ``$55,000,000''.

6fe0e10e2d6208bbf05c5fefabd088e6ae50a169fd6fc22b871962f079360294

Section 107(b) of the River and Harbor Act of 1960 (33 U.S.C.
577(b)) is amended by striking ``$4,000,000'' and inserting
``$7,000,000''.

898430c21805bc550fe5e00716796f605a4c6370b76bab6c7396fa1bb430fd8b

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

d8b0b174b00cf5c3afb0a9575c6f63050f9b119a423081cea90ba33a1da0b28a

THE ENVIRONMENT.
Section 1135(h) of the Water Resources Development Act of 1986 (33
U.S.C. 2309a(h)) is amended by striking ``$25,000,000'' and inserting
``$40,000,000''.

0894d6126ef0862e777497c5bd1af38692a71a649dbf54f8d3d00b009ac96b4e

Section 560(f) of the Water Resources Development Act of 1999 (33
U.S.C. 2336(f)) is amended by striking ``$7,500,000'' and inserting
``$20,000,000''.

3385fbf37212b6041171309b85e93b2393b403dfce038cc9c425bb100bb653eb

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 (16 U.S.C. 460d), is
amended--
(1) by inserting ``federally recognized Indian tribes and''
before ``Federal'' the first place it appears;
(2) by inserting ``Indian tribes or'' after ``considerations,
to such''; and
(3) by inserting ``federally recognized Indian tribe'' after
``That in any such lease or license to a''.

a4d59e0fd8f0f3d901ebaecac11d06927de35aea9380ef24dc90b1c66a3c1473

(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--
(1) the expenditures by the Corps for the preceding fiscal year
and estimated expenditures by the Corps for the current fiscal
year; and
(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.
(b) Contents.--In addition to the information described in
subsection (a), the report shall contain a detailed accounting of the
following information:
(1) With respect to activities carried out with funding
provided under the Construction appropriations account for the
Secretary, information on--
(A) projects currently under construction, including--
(i) allocations to date;
(ii) the number of years remaining to complete
construction;
(iii) the estimated annual Federal cost to maintain
that construction schedule; and
(iv) a list of projects the Corps of Engineers expects
to complete during the current fiscal year; and
(B) projects for which there is a signed partnership
agreement and completed planning, engineering, and design,
including--
(i) the number of years the project is expected to
require for completion; and
(ii) estimated annual Federal cost to maintain that
construction schedule.
(2) With respect to operation and maintenance of the inland and
intracoastal waterways identified by section 206 of the Inland
Waterways Revenue Act of 1978 (33 U.S.C. 1804)--
(A) the estimated annual cost to maintain each waterway for
the authorized reach and at the authorized depth;
(B) the estimated annual cost of operation and maintenance
of locks and dams to ensure navigation without interruption;
and
(C) the actual expenditures to maintain each waterway.
(3) With respect to activities carried out with funding
provided under the Investigations appropriations account for the
Secretary--
(A) the number of active studies;
(B) the number of completed studies not yet authorized for
construction;
(C) the number of initiated studies; and
(D) the number of studies expected to be completed during
the fiscal year.
(4) Funding received and estimates of funds to be received for
interagency and international support activities under section 234
of the Water Resources Development Act of 1996 (33 U.S.C. 2323a).
(5) Recreation fees and lease payments.
(6) Hydropower and water storage receipts.
(7) Deposits into the Inland Waterways Trust Fund and the
Harbor Maintenance Trust Fund.
(8) Other revenues and fees collected by the Corps of
Engineers.
(9) With respect to permit applications and notifications, a
list of individual permit applications and nationwide permit
notifications, including--
(A) the date on which each permit application is filed;
(B) the date on which each permit application is determined
to be complete;
(C) the date on which any permit application is withdrawn;
and
(D) the date on which the Corps of Engineers grants or
denies each permit.
(10) With respect to projects 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--
(A) the authorization date;
(B) the last allocation date;
(C) the percentage of construction completed;
(D) the estimated cost remaining until completion of the
project; and
(E) a brief explanation of the reasons for the delay.

b2969f680eb9eb25946222a6f9a1946fec1f17e9ab3800a2c14a13e29f893383

(a) In General.--Notwithstanding section 2361 of title 10, United
States Code, the Secretary may provide assistance through contracts,
cooperative agreements, and grants to--
(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;
(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; and
(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.
(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.

6eeac7fb5d12dd5cbb3d74cda2673b8597bc77ec8c28a955107ea73c81df73ce

OF HARBOR DREDGING PROJECTS.
(a) Findings.--Congress finds the following:
(1) Insufficient maintenance dredging results in inefficient
water transportation and harmful economic consequences.
(2) The estimated dredging backlog at commercial harbors in the
Great Lakes alone is 16,000,000 cubic yards.
(3) Approximately two-thirds of all shipping in the United
States either starts or finishes at small harbors.
(4) Small harbors often have a greater proportional impact on
local economies than do larger harbors.
(5) Performance metrics can be valuable tools in the budget
process for water resources projects.
(6) The use of a single performance metric for water resources
projects can result in a budget biased against small and rural
communities.
(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.

9b5ddf4dd3f32447f2d0efa1f70c100d77ead77a1dda7f80ba64971eb907471d

Section 234 of the Water Resources Development Act of 1996 (33
U.S.C. 2323a) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) In General.--The Secretary may engage in activities
(including contracting) in support of other Federal agencies,
international organizations, or foreign governments to address problems
of national significance to the United States.'';
(2) in subsection (b) by striking ``Secretary of State'' and
inserting ``Department of State''; and
(3) in subsection (d)--
(A) by striking ``$250,000 for fiscal year 2001'' and
inserting ``$1,000,000 for fiscal year 2008''; and
(B) by striking ``or international organizations'' and
inserting ``, international organizations, or foreign
governments''.

1e3dd7e794f3007a9cdbdd35857998b19f2ae2b89ee7e788c147f08861fd0fa5

(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--
(1) seeking to maximize sustainable economic development;
(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;
and
(3) protecting and restoring the functions of natural systems
and mitigating any unavoidable damage to natural systems.
(b) Principles and Guidelines.--
(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 (42 U.S.C. 1962a-2), entitled ``Economic and
Environmental Principles and Guidelines for Water and Related Land
Resources Implementation Studies'', and dated March 10, 1983.
(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.
(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:
(A) The use of best available economic principles and
analytical techniques, including techniques in risk and
uncertainty analysis.
(B) The assessment and incorporation of public safety in
the formulation of alternatives and recommended plans.
(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.
(D) The assessment and evaluation of the interaction of a
project with other water resources projects and programs within
a region or watershed.
(E) The use of contemporary water resources paradigms,
including integrated water resources management and adaptive
management.
(F) Evaluation methods that ensure that water resources
projects are justified by public benefits.
(4) Consultation and public participation.--In carrying out
paragraph (2), the Secretary shall--
(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; and
(B) solicit and consider public and expert comments.
(5) Publication.--The Secretary shall--
(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--
(i) the revisions to the principles and guidelines for
use by the Secretary; and
(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; and
(B) make the revisions to the principles and guidelines for
use by the Secretary available to the public, including on the
Internet.
(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.
(7) Applicability.--After the date of issuance of the revisions
to the principles and guidelines, the revisions shall apply--
(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;
(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; and
(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.
(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.
(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 (42 U.S.C. 1962d-17).

8849d5a22356509563bb78a018194027eb2a627e1896f38c53a3990c56fcea10

(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--
(1) the risk to human life;
(2) the risk to property; and
(3) the comparative risks faced by different regions of the
United States.
(b) Inclusions.--The report under subsection (a) shall include--
(1) an assessment of the extent to which programs in the United
States relating to flooding address flood risk reduction
priorities;
(2) the extent to which those programs may be encouraging
development and economic activity in flood-prone areas;
(3) recommendations for improving those programs with respect
to reducing and responding to flood risks; and
(4) proposals for implementing the recommendations.

5bb7f16ecc46a32c877bdfeac9f70cdb823edfe487a330b4603e5cc59cddaf4a

Rio Grande Environmental Management Act of 2007 — HR. 1495

Other Sections