S.1248 - Water Resources Development Act of 2007110th Congress (2007-2008)
|Sponsor:||Sen. Boxer, Barbara [D-CA] (Introduced 04/30/2007)|
|Committees:||Senate - Environment and Public Works|
|Committee Reports:||S. Rept. 110-58|
|Latest Action:||Senate - 04/30/2007 Placed on Senate Legislative Calendar under General Orders. Calendar No. 126. (All Actions)|
|Notes:||For further action, see H.R.1495, which became Public Law 110-114 on 11/9/2007.|
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Summary: S.1248 — 110th Congress (2007-2008)All Information (Except Text)
Reported to Senate without amendment (04/30/2007)
Water Resources Development Act of 2007 - Renews the Water Resources Development Act (WRDA). Authorizes Army Corps of Engineers (Corps) water resources development and conservation projects, including flood control, environmental restoration, shoreline protection, and inland navigation projects.
Title I: Water Resources Projects - (Sec. 1001) Authorizes specified projects for navigation, ecosystem restoration, flood or storm damage reduction, and related purposes in Alaska, Arizona, California, Colorado, Florida, Illinois, Iowa, Kentucky, Louisiana, Maryland, Missouri, New Jersey, New Mexico, New York, Ohio, Pennsylvania, South Carolina, Texas, Virginia, and Washington.
Authorizes the Secretary of the Army to carry out the project for ecosystem restoration, Jamaica Bay, Queens, and Brooklyn, New York, at a specified cost, subject to completion of a favorable final report of the Chief of Engineers by December 31, 2006.
(Sec. 1002) Provides for construction of navigation improvements, ecosystem restoration projects, and ecosystem restoration preconstruction and design for the Upper Mississippi River and Illinois Waterway System.
(Sec. 1003) Authorizes the Secretary of the Army (Secretary) to carry out a program to restore the ecosystem of the Louisiana Coastal Area, including by making modifications necessary to the five near-term critical ecosystem restoration features identified in the Chief's report dated January 31, 2005, due to the impact of Hurricanes Katrina and Rita on the project areas. Authorizes the Secretary to conduct: (1) a demonstration program within the applicable project area to evaluate new technologies; and (2) a program for the beneficial use of dredged material.
Directs the Secretary, in coordination with the governor of Louisiana, to develop and annually update a plan for protecting, preserving, and restoring the coastal Louisiana ecosystem.
Establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force.
Directs the Secretary to: (1) establish a coastal Louisiana ecosystem science and technology program and a Louisiana Water Resources Council within the Mississippi River Commission; (2) enter into a contract with the National Academy of Sciences to identify the cause of degradation of the Louisiana Coastal Area; (3) study financing alternatives and potential reductions in the expenditure of federal funds in emergency responses that would occur as a result of ecosystem restoration in that Area; (4) report to Congress within six years, evaluating alternative means of authorizing Corps water resources projects; and (5) enter into a contract with the National Academy of Science to perform an external review of the demonstration program.
(Sec. 1004) Directs the Secretary to study and, if feasible or appropriate, carry out: (1) a flood damage reduction project at Cache River Basin, Grubbs, Arkansas; (2) specified navigation projects in Arkansas, Michigan, Wisconsin, and Ohio; and (3) specified aquatic ecosystem restoration projects in California, Oregon, Rhode Island, and Virginia.
Title II: General Provisions - Subtitle A: Provisions - (Sec. 2001) - Amends the Flood Control Act of 1970 to require: (1) written agreements for water resources projects; and (2) the Secretary to credit toward the non-federal share of the cost of a water resources project the value of in-kind contributions made by the non-federal interest.
(Sec. 2003) Authorizes the Secretary to include individuals from the non-federal interest, including the private sector, in Corps' training classes.
(Sec. 2004) Directs the Chief of Engineers to submit a report to specified congressional committees on expenditures for the preceding fiscal year and estimated expenditures for the current fiscal year.
(Sec. 2005) Amends the WRDA of 1986 to require the Secretary, for all water resources project feasibility reports completed after December 31, 2005, to assess whether: (1) the project and each element is cost-effective; and (2) the project complies with federal, state, and local laws and public policies. Requires the Chief of Engineers: (1) within two years after a feasibility study cost sharing agreement is signed for a project, to complete the study and sign the the project report (allows an extension for a complex or controversial study); and (2) to adopt a risk analysis approach to project cost estimates.
Authorizes the Secretary to establish centers to provide specialized planning expertise for water resource projects in order to enhance and supplement the capabilities of the districts of the Corps.
Requires: (1) studies and assessments of problems and projects to include recommendations for alternatives; and (2) reports of the Chief of Engineers to be based solely on the best technical solutions to water resource needs and problems.
(Sec. 2006) Directs: (1) the President to establish a Water Resources Planning Coordinating Committee, which shall report to the President and Congress on U.S. vulnerability to damage from flooding and related storm damage; and (2) the Secretary and the Committee to propose revisions to modernize the planning principles and guidelines by which the Corps analyzes water projects, including by eliminating biases and disincentives to providing projects to low-income communities and by encouraging wetlands conservation.
(Sec. 2007) Directs the Secretary to: (1) appoint a Director of Independent Review from experts in a water resources management discipline; and (2) ensure that the Director does not have a conflict of interest with projects subject to review.
Requires the Secretary to ensure that each project study for a water resources project be reviewed by an independent panel of experts if: (1) the project has an estimated total cost of more than $40 million; (2) such review is requested by the governor of a state in which the project is located or of a state within a project drainage basin that would be directly affected economically or environmentally; (3) such review is requested by the head of a federal agency with authority to review the project who determines that it is likely to have a significant adverse impact on public safety or on environmental, fish and wildlife, historical, cultural, or other resources; or (4) the Secretary determines that the project is controversial because there is a significant dispute regarding its size, nature, safety, effects, or economic or environmental costs or benefits. Sets forth provisions regarding project planning review panel establishment, membership, duties, recommendations, reports, and review deadlines.
Directs the Secretary to ensure that the construction activities for any flood damage reduction project are reviewed by an independent panel of experts if necessary to ensure public health, safety, and welfare where: (1) the reliability of performance under emergency conditions is critical; (2) the project uses innovative materials or techniques; and (3) the project is lacking in redundancy or has a unique construction sequencing or a short or overlapping design construction schedule. Sets forth provisions regarding safety assurance review panel establishment, membership, review deadlines, cost limitations, and reporting requirements.
(Sec. 2008) Lists mitigation plan requirements under WRDA. Directs the Secretary to ensure that each water resources project plan to mitigate losses to flood damage reduction capabilities and fish and wildlife complies fully with the mitigation standards and policies established pursuant to the Federal Water Pollution Control Act (FWPCA).
Requires a specific mitigation plan for a project to include: (1) a plan for monitoring the implementation and ecological success of each mitigation measure; (2) the criteria for ecological success; (3) land to be acquired and the basis for a determination that the land is available for acquisition; (4) a description of restoration activities and the resource functions and values that will result; and (5) a contingency plan for corrective actions when monitoring demonstrates that mitigation measures are not achieving ecological success.
Sets forth criteria for determining success and reporting requirements. Directs the Secretary to: (1) establish a recordkeeping system to track, for each project undertaken and for each permit issued under the FWPCA, the wetland affected, the mitigation measures required, and the status of monitoring of such measures; and (2) make information contained in that system available to the public on the Internet.
(Sec. 2009) Authorizes the Secretary, upon request, to provide technical assistance in managing water resources. Authorizes appropriations. Directs the Secretary to list in the annual civil works budget submitted to Congress the individual activities proposed for funding.
(Sec. 2010) Directs the Secretary, acting through the Corps, to provide public access to water resource and related water quality data in the Corps' custody.
(Sec. 2011) Requires: (1) budget priority for construction of flood control projects by non-federal interests to be proportionate to the percentage of project completion; and (2) a completed project to have the same priority as a project with a contractor on site.
Directs the Secretary to enter into agreements for development of specified flood control projects in Illinois and Texas.
(Sec. 2012) Amends the WRDA of 1992 to direct the Secretary, acting through the Chief of Engineers, to develop Regional Sediment Management plans and carry out projects at identified locations for use in construction, repair, modification, or rehabilitation associated with federal water resources projects for: (1) the protection of property; (2) the protection, restoration, and creation of aquatic and ecologically related habitats, including wetlands; and (3) the transport and placement of suitable sediment. Directs the Secretary to develop plans and projects for regional management of sediment obtained. Limits total federal costs associated with construction of a project to $5 million without congressional approval. Directs the Secretary to give priority to specified regional sediment management projects in New York, California, New Jersey and Pennsylvania, and Ohio. Repeals provisions of the WRDA of 1976 regarding the placement on state beaches of sand dredged in constructing and maintaining navigation inlets and channels adjacent to such beaches.
(Sec. 2013) Authorizes the Secretary to carry out construction of small shore and beach restoration and protection projects not specifically authorized by Congress that otherwise comply with this Act. Directs the Secretary, acting through the Chief of Engineers, to conduct a national shoreline erosion control development and demonstration program.
(Sec. 2014) Declares it to be U.S. policy to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches on a comprehensive and coordinated basis by the federal government, states, localities, and private enterprises.
(Sec. 2015) Directs that costs incurred for monitoring for an ecosystem restoration project be cost-shared in accordance with the formula relating to the original construction project for a maximum of ten years.
(Sec. 2016) Directs the Corps to include ecosystem restoration benefits in the calculation of benefits for specified projects in California.
(Sec. 2017) Repeals a limitation on the duration of the Secretary's authority to accept and expend funds contributed by nonfederal public entities to expedite the evaluation of permits under the jurisdiction of the Department of the Army.
(Sec. 2018) Directs the Secretary to implement a program to allow electronic submission of applications for permits under the Corps' jurisdiction.
(Sec. 2019) Directs the Secretary to carry out specified measures to support the water resource needs of project sponsors and any affected state, local, or tribal government for authorized project purposes. Authorizes the Secretary to: (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.
Sets forth provisions regarding the costs of water supply storage, the adjustment of joint use costs in the case of the reallocation of a water supply from another project purpose, and the impact of a reallocation that adversely affects hydropower generation on hydroelectric power rates.
(Sec. 2020) Removes certain restrictions on the federal hopper dredges Essayons and Yaquina.
(Sec. 2021) Directs that, in Louisiana, extraordinary rainfall events such as Hurricanes Katrina, Rita, and Andrew shall not be considered in making a determination regarding the ordinary high water mark for purposes of the Rivers and Harbors Act.
(Sec. 2022) Authorizes the Secretary to enter into contracts with state and local governmental entities for procurement of services in the presuppression, detection, and suppression of fires.
(Sec. 2023) Amends the Flood Control Act of 1970 to define "non-federal interest" to include a nonprofit organization acting with the consent of the affected unit of government.
(Sec. 2024) Requires the Secretary to: (1) assign a unique tracking number to each water resources project to be used by each federal agency throughout the life of the project; and (2) maintain at the Library of Congress a copy of each final feasibility study, environmental impact statement, reevaluation report, record of decision, and report to Congress prepared by the Corps. Makes such documents available to the public.
(Sec. 2025) Repeals provisions of the Energy and Water Development Appropriations Act, 2006, regarding program administration.
(Sec. 2026) Authorizes the Secretary, acting through the Chief of Engineers, to review and report to Congress on whether it would be feasible to extend the period of federal financial participation relating to the shore protection project.
Subtitle B: Continuing Authorities Projects - (Sec. 2031) Amends the River and Harbor Act of 1960 to increase the limitation on allotments for the construction of a small river and harbor improvement project at any single locality which will result in substantial benefits to navigation.
(Sec. 2032) Amends the Flood Control Act of 1946 to increase the cap for funding for the protection of highways, bridge approaches, public works, and nonprofit public services.
(Sec. 2033) Amends the WRDA of: (1) 1996 to increase appropriations for an aquatic restoration and protection project and make it a freshwater project; and (2) 1986 to increase appropriations for environmental modification of projects.
(Sec. 2035) Directs the Secretary to carry out an estuary habitat restoration project upon determining that it will improve the elements and features of an estuary, is in the public interest, and is cost-effective.
(Sec. 2036) Amends the WRDA of 1999 regarding abandoned mine restoration to require the non-federal share of the costs of operation and maintenance for a project to be 100%. Increases authorized appropriations.
(Sec. 2037) Authorizes the Secretary to carry out a small dam removal or rehabilitation project if it will improve the quality of the environment or is in the public interest.
(Sec. 2038) Directs the Secretary to develop eligibility criteria for federal participation in navigation projects located in economically disadvantaged communities that are dependent on water transportation for subsistence in remote areas, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the U.S. Virgin Islands.
(Sec. 2039) Amends the Flood Control Act of 1970 to direct that if the Secretary determines that a project needs to be continued for public health and safety purposes, the non-federal interest shall pay the increased costs up to 20% of the original estimated project costs (in accordance with the statutorily-determined cost share) and the Secretary shall pay all increased costs remaining.
Subtitle C: National Levee Safety Program - (Sec. 2051) National Levee Safety Program Act of 2007 - Directs the Secretary to establish a National Levee Safety Committee to: (1) advise the Secretary in implementing a national levee safety program; (2) support programs, policies, and guidelines to enhance levee safety for the protection of human life and property throughout the United States; and (3) support coordination and information exchange between federal and state agencies that share common problems and responsibilities relating to levee safety.
Directs the Secretary to establish and maintain a national levee safety program, which shall include: (1) periodically publishing an inventory of levees in the United States, including assessment and inspection results; (2) determining the potential for a failure or overtopping of each levee in the United States that would pose a risk to human life or public safety, with priority to levees constituting the highest risk; and (3) taking into consideration the potential of a levee to fail or overtop because of hydrologic or hydraulic conditions, storm surges, geotechnical conditions, inadequate operating procedures, structural, mechanical, or design deficiencies, or other conditions in the vicinity of the levee. Sets forth provisions regarding state participation, reporting requirements, and subsequent assessments.
Directs the Secretary to provide funds to assist state agencies in establishing, maintaining, and improving levee safety programs. Requires the Secretary to: (1) carry out a program of technical and archival research; and (2) establish a program of training for state levee safety agency staff and inspectors.
Title III: Project-Related Provisions - (Sec. 3001) Directs the Secretary to remove rubble, sediment, and rock impeding the entrance to the St. Herman and St. Paul Harbors, Kodiak, Alaska.
(Sec. 3002) Directs the Secretary to: (1) correct design deficiencies in the Thompson Harbor, Sitka, Alaska, element of the navigation project, Southeast Alaska Harbors of Refuge; and (2) construct a new project management office in Tuscaloosa, Alabama.
(Sec. 3004) Modifies the cost of the project for flood damage reduction, Rio de Flag, Flagstaff, Arizona.
(Sec. 3005) Authorizes the Secretary to carry out rehabilitation of levees on the White River between Augusta and Clarendon, Arkansas.
(Sec. 3006) Modifies the project for improvements at Calion, Arkansas, to include authorization for the comprehensive flood-control project for Ouachita River and tributaries. Requires that the Ouachita River Levees, Louisiana, remain as a component of the Mississippi River and Tributaries Project and be afforded operation and maintenance responsibilities.
(Sec. 3007) Authorizes the Secretary to undertake channel stabilization and sediment removal measures for the flood control project at St. Francis Basin, Arkansas and Missouri.
(Sec. 3008) Directs the Secretary to: (1) convey to Arkansas specified land acquired as mitigation land for the flood control project, St. Francis Basin, Arkansas and Missouri Project; (2) continue construction of the McClellan-Kerr Arkansas River Navigation System, Arkansas and Oklahoma, to operate and maintain the navigation channel to the authorized depth; and (3) mitigate the impacts of the new south levee of the settling basin of the flood control project at Cache Creek Basin, California, on the storm drainage system of the city of Woodland.
(Sec. 3011) Authorizes additional funds for the Calfed Levee Stability Program, California.
(Sec. 3012) Modifies the environmental restoration project at Hamilton Airfield, California, to include the diked bayland parcel known as Bel Marin Keys Unit V.
(Sec. 3013) Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to provide that beginning January 1, 2007 (currently, 2003), no permit or authorization for dumping shall be issued for the site located off the coast of Newport Beach, California, known as "LA-3" unless such site has received a final designation or an alternative site has been selected.
(Sec. 3014) Directs the Secretary to prepare a limited reevaluation report to determine whether maintenance of the project for navigation at Larkspur Ferry Channel, Larkspur, California, is feasible.
(Sec. 3015) Authorizes the Secretary to complete the project for flood damage reduction at Llagas Creek, California, in accordance with specified local cooperation requirements and at a specified cost.
(Sec. 3016) Directs the Secretary to apply the cost-sharing requirements applicable to nonstructural flood control under the WRDA of 1986 for the portion of the project at Magpie Creek, California, consisting of land acquisition to preserve and enhance existing floodwater storage.
(Sec. 3017) Directs the Secretary to participate with 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.
(Sec. 3018) Authorizes the Secretary to dredge the Redwood City Navigation Channel, California, annually to maintain the authorized depth.
(Sec. 3019) Directs the Secretary: (1) to credit a specified amount toward that portion of the non-federal share of the costs of any flood damage reduction project authorized before this Act's enactment that is to be paid by the Sacramento Area Flood Control Agency; (2) and the Secretary of the Interior to expedite their respective activities, including the formulation of all necessary studies and decision documents, in furtherance of the Project Alternative Solutions Study; and (3) to consolidate technical reviews and design activities for specified flood damage reduction, dam safety, and environmental restoration projects.
(Sec. 3020) Directs that if the Secretary determines that projects proposed to be carried out by non-federal entities within specified portions of the San Francisco, California, waterfront are not in the public interest, those portions shall be declared not to be navigable water of the United States.
(Sec. 3021) Directs the Secretary to review the preferred restoration concept plan approved by the Salton Sea Authority to determine whether the pilot projects for improvement of the environment of the Salton Sea are economically justified, technically sound, and environmentally acceptable and meet the objectives of the Salton Sea Reclamation Act.
(Sec. 3022) Authorizes the Secretary to construct the project for flood damage reduction, Santa Barbara Streams, Lower Mission Creek, California, at a specified cost.
(Sec. 3023) Authorizes the Secretary to construct the projects for: (1) flood damage reduction and recreation, Upper Guadalupe River, California, in accordance with the Upper Guadalupe River Flood Damage Reduction, San Jose, California, Limited Reevaluation Report, dated March, 2004; and (2) flood damage reduction, Yuba River Basin, California.
(Sec. 3025) Designates the western breakwater for the navigation project, New Haven Harbor, Connecticut, as the "Charles Hervey Townshend Breakwater."
(Sec. 3026) Deauthorizes: (1) a portion of the navigation project, New London Harbor, Connecticut; and (2) portions of a 10-foot channel of the navigation project, Norwalk Harbor, Connecticut.
(Sec. 3028) Amends the WRDA of 1990 to bar the Secretary from carrying out any action to close or remove the St. George's Bridge, Delaware, without specific congressional authorization.
(Sec. 3029) Amends the WRDA of 2000 to apply maximum cost restrictions of the WRDA of 1986 to individual project funding limits and aggregate cost limits for Everglades restoration, Florida.
(Sec. 3030) Increases the reach of the shoreline protection project in Brevard County, Florida.
(Sec. 3031) Amends the WRDA of 1996 to increase the federal share of the cost of carrying out the Seminole Water Conservation Plan.
(Sec. 3032) Amends the WRDA of 2000 to direct that the pilot projects for aquifer storage and recovery, Hillsboro and Okeechobee Aquifer, Florida, be treated as being in the Comprehensive Everglades Restoration Plan, but with costs of operation and maintenance remaining 100% non-federal.
(Sec. 3033) Directs the Secretary to carry out the hurricane and storm damage reduction project at Lido Key, Sarasota County, Florida.
(Sec. 3034) Authorizes the Secretary to carry out the Port Sutton Channel, Tampa Harbor, Florida, navigation project at a specified cost.
(Sec. 3035) Modifies the Tampa Harbor, Florida, navigation project to authorize the Secretary to construct passing lanes in an area centered on Tampa Bay Cut B if necessary for navigational safety.
(Sec. 3036) Authorizes the Secretary to exchange land at Allatoona Lake, Georgia.
(Sec. 3037) Directs the Secretary to: (1) carry out additional general construction measures to allow for operation at lower pool levels to satisfy the recreation mission at Dworshak Dam, Idaho; and (2) rehabilitate the Gooding Channel Project, Idaho, if the rehabilitation and ecosystem restoration are feasible.
(Sec. 3039) Extinguishes reversionary interests and use restrictions relating to industrial use purposes, Port of Lewiston, Idaho.
(Sec. 3040) Modifies the Cache River Levee, Illinois, project to add environmental restoration as a project purpose.
(Sec. 3041) Amends the WRDA of 2000 to include Lake Michigan in a study along with the Chicago River.
(Sec. 3042) Redefines the federal navigation channel for the North Branch Channel portion of the Chicago River to be no wider than 66 feet.
(Sec. 3043) Amends the WRDA of 2000 to increase funding for critical restoration projects for Illinois River Basin Restoration.
(Sec. 3044) Authorizes the Secretary, as a pilot program, to participate in the reconstruction of flood control projects within Missouri and Illinois if such reconstruction is not required as a result of improper operation and maintenance by the non-federal interest.
(Sec. 3045) Authorizes ecosystem restoration as a purpose of the project for flood control, Illinois and Des Plaines River Basin (Spunky Bottom).
(Sec. 3046) Directs the Secretary, acting through the Tulsa District of the Corps, to transfer land to Pleasant Township, Coffey County, Kansas, for use as the New Strawn Cemetery.
(Sec. 3047) Directs the Secretary to convey to Geary County Fire Department, Milford, Kansas, all U.S. right to specified land for a fire station.
(Sec. 3048) Amends the WRDA o 2000 to modify the project for ecosystem restoration, Ohio River, Kentucky, Illinois, Indiana, Ohio, Pennsylvania, and West Virginia, to authorize the Secretary to cost share projects with the consent of the affected local government, prepare an implementation plan, and initiate a pilot program in the Lower Scioto Basin, Ohio.
(Sec. 3049) Amends the WRDA of 1990 to increase authorized funding the McAlpine Lock and Dam, Kentucky and Indiana.
(Sec. 3050) Modifies the public access feature of the Atchafalaya Basin Floodway System, Louisiana project, to authorize the Secretary to acquire from willing sellers the fee interest of an additional 20,000 acres in the Lower Atchafalaya Basin Floodway.
(Sec. 3051) Directs the Secretary: (1) to carry out a project for flood control, Atchafalaya Basin Floodway System, Louisiana; and (2) acting through the Chief of Engineers, to study, design, and construct a type A regional visitors center in the vicinity of Morgan City, Louisiana.
(Sec. 3052) Modifies: (1) the project for the Calcasieu River and Pass, Louisiana to authorize specified funds for rock bank protection; and (2) the flood damage reduction and recreation project, East Baton Rouge Parish, Louisiana, to authorize the Secretary to carry out the project in accordance with specified reports at a specified cost
(Sec. 3054) Authorizes appropriations to support the relocation of Port of New Orleans deep draft facilities from the Mississippi River Gulf Outlet, the Gulf Intercoastal Waterway, and the Inner Harbor Navigation Canal to the Mississippi River.
(Sec. 3055) Authorizes the Secretary to carry out the project for mitigation of fish and wildlife losses, Red River Waterway, Louisiana, at a specified cost. Permits the purchase of marginal farmland for reforestation. Incorporates certain wildlife and forestry management practices to improve species diversity.
(Sec. 3056) Limits federal expenditures for a project at Camp Ellis, Saco, Maine.
(Sec. 3057) Redesignates a specified portion of the navigation project at Union River, Maine, as an anchorage area.
(Sec. 3058) Amends the WRDA of 1996 to increase the funding limit for the Chesapeake Bay environmental restoration and protection program, Maryland, Pennsylvania, and Virginia.
(Sec. 3059) Amends the WRDA of 1999 to increase the total authorized cost for a project at Cumberland, Maryland.
(Sec. 3060) Deauthorizes the portion of the navigation project, Aunt Lydia's Cove, Massachusetts, consisting of the eight-foot deep anchorage in the cove.
(Sec. 3061) Allows the navigation project at Fall River Harbor, Massachusetts and Rhode Island, to remain authorized, but limits the authorized depth of a portion of the project.
(Sec. 3062) Amends the WRDA of 1999 to direct the Secretary to establish and lead a partnership of appropriate federal agencies and the State of Michigan to: (1) promote cooperation in the management of the St. Clair River and Lake St. Clair watersheds; and (2) develop and implement projects consistent with the management plan.
(Sec. 3063) Directs the Secretary to carry out the navigation project at Duluth Harbor, Minnesota.
(Sec. 3064) Directs the Secretary to carry out that portion of the project for environmental enhancement, Mississippi and Louisiana Estuarine Areas, Mississippi and Louisiana, identified as the Bonnet Carre Freshwater Diversion Project.
(Sec. 3065) Provides for a land exchange between S.S.S., Inc., and the Corps, at Pike County, Missouri.
(Sec. 3066) Considers a portion of the L-15 levees system, Missouri, to be a federal levee for purposes of cost sharing.
(Sec. 3067) Directs the Secretary to offer to convey to Missouri land purchased for the Union Lake Project that was deauthorized.
(Sec. 3068) Authorizes the Secretary to use funds appropriated to carry out the Missouri River recovery and mitigation program to assist the Bureau of Reclamation in the design and construction of the Lower Yellowstone project of the Bureau, Intake, Montana, for the purpose of ecosystem restoration.
(Sec. 3069) Directs the Secretary to carry out restoration projects in the watershed of the Yellowstone River and tributaries, Montana and North Dakota, to produce ecosystem restoration and recreation benefits.
(Sec. 3070) Limits federal expenditures for the environmental restoration project at McCarran Ranch, Nevada.
(Sec. 3071) Directs the Secretary to: (1) carry out restoration projects in the Middle Rio Grande from Cochiti Dam to the headwaters of Elephant Butte Reservoir, New Mexico; and (2) plan, design, and construct projects to increase aquatic habitats within Long Island Sound and adjacent waters, New York and Connecticut.
(Sec. 3073) Amends the WRDA of 1996 to: (1) increase the maximum total federal cost of the project at Orchard Beach, Bronx, New York; and (2) authorize the Secretary to enter into cost-sharing agreements with non-federal public interests for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility using government funds.
(Sec. 3075) Amends the WRDA of 2000 to increase the authorization of appropriations for Missouri River restoration, North Dakota.
(Sec. 3076) Amends the WRDA of 1996 to increase the authorization for repair and rehabilitation of the Lower Girard Lake Dam, Ohio.
(Sec. 3077) Requires increased operation and maintenance activities for the Toussaint River Federal Navigation Project, Carroll Township, Ohio, relating directly to the presence of unexploded ordnance to be carried out at full federal expense.
(Sec. 3078) Declares that payments made by the city of Edmond, Oklahoma, to the Secretary in October 1999 of all costs associated with water storage costs at Arcadia Lake, Oklahoma, under a specified contract shall satisfy the city's obligations.
(Sec. 3079) Declares that the goal for operation of Lake Eufala shall be to maximize the use of available storage in a balanced approach that ensures that the full value of the reservoir is realized by the United States. Recognizes recreation as a project purpose. Requires the Secretary: (1) to establish an advisory committee for the lake; and (2) acting through the Chief of Engineers, to perform a reallocation study to develop recommendations for use of the lake storage capacity. Directs the Tulsa District Engineer to develop an interim management plan.
(Sec. 3080) Terminates each reversionary interest and use restriction relating to public parks and recreation on specified land conveyed by the Secretary to Oklahoma at Lake Texoma.
(Sec. 3081) Directs the Secretary to implement an innovative program at the lakes located primarily in Oklahoma that are a part of an authorized Corps civil works project to demonstrate the benefits of enhanced recreation facilities and activities.
(Sec. 3082) Sets the remaining obligation of the Waurika Project Master Conservancy District payable to the government at the amounts, rates of interest, and payment schedules that existed on June 3, 1986.
(Sec. 3083) Directs the Secretary to: (1) convey to Lowell School District No. 71, Oregon, all U.S. rights to a parcel of land located in Lane County, Oregon; and (2) conduct studies and ecosystem restoration projects for the upper Willamette River watershed from Albany, Oregon, to the headwaters of the Willamette River and tributaries.
(Sec. 3085) Amends the WRDA of 1996 to authorize the Secretary, with respect to the ecosystem restoration project for the Upper Susquehanna River Basin, Pennsylvania and New York, to provide assistance for implementation of wetland restoration projects and soil and water conservation measures.
(Sec. 3086) Authorizes the Secretary to use amounts in the Environmental Restoration Account, Formerly Used Defense Sites, for the removal of abandoned marine camels at any Formerly Used Defense Site under the jurisdiction of the Department of Defense (DOD) that is undergoing environmental remediation in Narragansett Bay, Rhode Island.
(Sec. 3087) Directs the Secretary to convey to South Carolina all U.S. rights to land managed by the South Carolina Department of Commerce for public recreation purposes for the Richard B. Russell Dam and Lake, South Carolina, project.
(Sec. 3088) Amends the WRDA of 2000 to extend the authorization of appropriations for Missouri River restoration, South Dakota.
(Sec. 3089) Amends the WRDA of 1999 to extend the authorization of appropriations for the Missouri and Middle Mississippi Rivers Enhancement Project through FY2015.
(Sec. 3090) Authorizes the Secretary to reconstruct, repair, and maintain the weir originally constructed in the vicinity of the mouth of Nonconnah Creek, Tennessee and Mississippi.
(Sec. 3091) Extinguishes the reversionary interests and use restrictions relating to recreation and camping for land conveyed by the Secretary to the Tennessee Society of Crippled Children and Adults, Inc. (Easter Seals Tennessee) at Old Hickory Lock and Dam, Cumberland River, Tennessee.
(Sec. 3092) Authorizes the Secretary to carry out a flood damage reduction project at Sandy Creek, Jackson County, Tennessee, if the Secretary determines that the project is technically sound, environmentally acceptable, and economically justified.
(Sec. 3093) Amends the WRDA of 2000 to authorize construction of a navigation channel at Cedar Bayou, Texas, ten feet wide by 100 feet instead of 12 feet by 125 feet.
(Sec. 3094) Authorizes the Secretary to offer to convey specified U.S. land in Grayson County, Texas, to the city of Denison, Texas.
(Sec. 3095) Provides that: (1) all costs of the navigation project, Freeport Harbor, Texas, incurred as a result of the discovery of the sunken vessel Comstock of the Corps are a federal responsibility; and (2) the Secretary shall not seek further obligation or responsibility for that vessel's removal or costs associated with a delay due to its discovery.
(Sec. 3096) Amends the WRDA of 1996 to bar the Secretary from considering flood control works constructed by non-federal interests within the drainage area in the determination of conditions existing prior to construction of the Upper White Oak Bayou, Texas, project.
(Sec. 3097) Amends the Flood Control Act of 1970 to permit a nonprofit entity to act as the non-federal interest for purposes of carrying out activities described in the agreement executed between the Nature Conservancy and the Department of the Army with respect to the Connecticut River (Vermont) Restoration Authority study.
(Sec. 3098) Amends the WRDA of 2000 to authorize the Secretary to carry out measures to restore, protect, and preserve an ecosystem affected by a dam, and to include nine specified dams to be evaluated, under a dam remediation project in Vermont.
(Sec. 3099) Directs the Secretary to: (1) revise the existing General Design Memorandum to permit the use of chemical means of control of Eurasian milfoil, water chestnuts, and other non-native plants in the Lake Champlain basin, Vermont; (2) 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; and (3) conduct a study and develop a general management plan for restoration of the Upper Connecticut River ecosystem.
(Sec. 3102) Amends the WRDA of 2000 to include among critical restoration projects for the Lake Champlain watershed, Vermont and New York, river corridor assessment, protection, management, and restoration for ecosystem restoration purposes and geographic mapping to produce a high-resolution, multispectral satellite imagery-based land use and cover data set.
(Sec. 3103) Amends the WRDA of 1986 to authorize the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland and to increase the project cost for the Tangier Island Seawall, Virginia.
(Sec. 3105) Directs the Secretary to provide a one-time placement of dredged material along portions of the Columbia River shoreline of Puget Island, Washington, for erosion control for the Lower Columbia River levees and bank protection works with regard to the Wahkiakum County diking districts No. 1 and 3.
(Sec. 3106) Extinguishes the reversionary interests and use restrictions relating to port or industrial purposes for the Lower Granite Pool, Washington.
(Sec. 3107) Transfers to the Secretary of the Interior administrative jurisdiction over the land acquired for the McNary Lock and Dam Project, Washington and Idaho, to be managed as part of the McNary National Wildlife Refuge. Directs the U.S. Fish and Wildlife Service to obtain prior approval of the Washington State Department of Fish and Wildlife for any change to the previously approved site development plan for the Cummins property.
(Sec. 3108) Amends the Fish and Wildlife Compensation Plan for the Lower Snake River, Washington and Idaho, to authorize the Secretary to conduct studies and implement aquatic and riparian ecosystem restorations and improvements specifically for fisheries and wildlife.
(Sec. 3109) Deauthorizes a portion of the navigation project, Whatcom Creek Waterway, Bellingham, Washington.
(Sec. 3110) Authorizes the Secretary to construct the flood control project at Lower Mud River, Milton, West Virginia, substantially in accordance with the May 2004 draft report of the Corps.
(Sec. 3111) Modifies the McDowell County nonstructural component of the flood control project, Levisa and Tug Fork of the Big Sandy and Cumberland Rivers, West Virginia, Virginia, and Kentucky, to direct the Secretary to take measures to provide protection, throughout McDowell County, West Virginia, from the reoccurrence of the greatest of the April 1977 flood, the July 2001 flood, the May 2002 flood, or the 100-year frequency event.
(Sec. 3112) Authorizes a width of 75 feet and a depth of six feet for the portion of the inner harbor of the federal navigation channel of the Green Bay Harbor project, Wisconsin.
(Sec. 3113) Amends the WRDA of 1999 to direct the Secretary to undertake specified flood mitigation and riverine restoration activities at the Underwood Creek Diversion Facility Project, Milwaukee County, Wisconsin.
(Sec. 3114) Deauthorizes a portion of the navigation project, Oconto Harbor, Wisconsin.
(Sec. 3115) Amends the WRDA of 1988 to allow the Secretary to operate headwaters reservoirs outside specified minimum or maximum water levels after consultation with the governor of Minnesota, affected tribal governments, and other specified parties.
(Sec. 3116) Amends the WRDA of 1992 to allow the purchase of riverfront property for the Lower Mississippi River Museum and Riverfront Interpretive Site.
(Sec. 3117) Allows: (1) a nongovernmental organization to be considered a non-federal interest with the consent of the affected local government for any Upper Mississippi River fish and wildlife habitat rehabilitation and enhancement project under the WRDA of 1986; and (2) funds made available for recovery or mitigation activities in the lower basin of the Missouri River to be used for recovery or mitigation activities in the upper basin, including Montana, Nebraska, North Dakota, and South Dakota.
(Sec. 3119) Amends the WRDA of 2000 to direct the Secretary to carry out a reconnaissance study to identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes. Extends the authorization for programs for: (1) Great Lakes remedial action plans and sediment remediation; and (2) Great Lakes tributary models.
(Sec. 3122) Directs the Secretary to establish a pilot program to evaluate new technologies applicable to the Upper Ohio River and Tributaries Navigation System.
Title IV: Studies - (Sec. 4001) Directs the Secretary to carry out a study to develop national protocols for the use of the Euhrychiopsis lecontei weevil for biological control of Eurasian milfoil in the lakes of Vermont and other northern tier states.
(Sec. 4002) Requires the Secretary to convene a panel to review the genetic variation of sturgeon species in the McClellan-Kerr Arkansas River Navigation Channel.
(Sec. 4003) Directs the Secretary, in coordination with the city of Los Angeles, California, to 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 city's Los Angeles River Revitalization Master Plan.
(Sec. 4004) Directs the Secretary to carry out a study for bank stabilization and shore protection for Nicholas Canyon, Los Angeles, California.
(Sec. 4005) Amends the WRDA of 2000 to increase by 12 months an extension for completing the Oceanside, California, Shoreline Special Study.
(Sec. 4006) Directs the Secretary to review the flood control and environmental restoration project at St. Helena, California.
(Sec. 4007) Requires the Secretary to conduct feasibility studies for: (1) a project to use Sherman Island, California, as a dredged material rehandling facility to enhance the environment and meet other water resource needs on the Sacramento-San Joaquin Delta, California; and (2) a project for flood protection of South San Francisco Bay shoreline and restoration of the South San Francisco Bay salt ponds.
(Sec. 4009) Directs the Secretary to: (1) complete work on the San Pablo watershed, California, to determine the feasibility of opportunities for restoring, preserving, and protecting the San Pablo Bay Watershed; (2) expedite the completion of the Fountain Creek, North of Pueblo, Colorado, watershed study; and (3) conduct regional and watershed-wide studies to address selenium concentrations in Colorado.
(Sec. 4012) Authorizes the Secretary to conduct a third-party review of the Promontory Point project along the Chicago, Shoreline, Chicago, Illinois, at a specified cost.
(Sec. 4013) Directs the Secretary to conduct feasibility studies for: (1) a navigation improvement project at Vidalia, Louisiana; (2) storm damage reduction and beach erosion protection along Lake Erie at Luna Pier, Michigan; and (3) a project for navigation improvements and shoreline protection for Middle Bass Island State Park, Middle Bass Island, Ohio.
(Sec. 4016) Authorizes the Secretary to determine the feasibility of providing improvements to the Savannah River for navigation and related purposes necessary to support the location of container cargo and other port facilities to be located in Jasper County, South Carolina.
(Sec. 4017) Directs the Secretary to determine the feasibility of: (1) the plan prepared by the city of Arlington, Texas, as generally described in a specified report on Johnson Creek, dated March 2006; and (2) a dispersal barrier project at the Lake Champlain Canal.
Title V: Miscellaneous Provisions - (Sec. 5001) Amends the WRDA of 1986 to provide for the removal of silt and related measures for sites (besides the Great Lakes) in Illinois, North Dakota, Vermont, and North Carolina.
(Sec. 5002) Adds to the purposes of the Estuary Restoration Act of 2000 the implementation of a coordinated federal approach to estuary habitat restoration activities. Establishes the Estuary Habitat Restoration Council. Allows the Secretary, upon the Council's recommendation, to delegate the implementation of projects costing less than $1 million to the Secretary of the Interior, the Under Secretary for Oceans and Atmosphere of the Department of Commerce, the Administrator of the Environmental Protection Agency (EPA), or the Secretary of Agriculture. Authorizes appropriations.
(Sec. 5003) Authorizes the Secretary to provide technical assistance to the Secretary of Agriculture for use in carrying out the Conservation Corridor Demonstration Program, Delmarva Conservation Corridor, Delaware, Maryland, and Virginia.
(Sec. 5004) Designates the Division Engineer, North Atlantic Division of the Corps, as the ex officio U.S. member under the Susquehanna River Basin Compact, the Delaware River Basin Compact, and the Potomac River Basin Compact. Directs the Secretary to enter into agreements with the Susquehanna, Delaware, and Potomac River Basin Commissions to provide temporary water supply and conservation storage during any period in which such Commissions have determined that a drought warning or drought emergency exists.
(Sec. 5005) Directs the Secretary, in coordination with the mayor of the District of Columbia (DC), the governor of Maryland, the county executives of Montgomery and Prince George's Counties, Maryland, and other stakeholders, to 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.
(Sec. 5006) Requires the Chicago Sanitary and Ship Canal Dispersal Barrier Project Barrier I and Barrier II to be considered to constitute a single project. Authorizes and directs the Secretary, acting through the Chief of Engineers, to upgrade and make permanent Barrier I, construct Barrier II, operate and maintain Barriers I and II as a system, and conduct a study of a full range of options and technologies for reducing impacts of hazards that may reduce the efficacy of the Barriers. Authorizes such sums as necessary to carry out the Barriers projects.
(Sec. 5007) Rio Grande Environmental Management Act of 2007 - Directs the Secretary to carry out in the Rio Grande Basin: (1) a program for the planning, construction, and evaluation of measures for fish and wildlife habitat rehabilitation and enhancement; and (2) implementation of a long-term monitoring, computerized data inventory and analysis, applied research, and adaptive management program. Authorizes appropriations.
(Sec. 5008) Directs the Secretary to: (1) conduct a study of the Missouri River and its tributaries to determine actions required to mitigate losses of aquatic and terrestrial habitat, recover federally listed species under the Endangered Species Act, and restore the ecosystem to prevent further declines among other native species; and (2) establish, by June 31, 2006, the Missouri River Recovery Implementation Committee to take specified actions to facilitate Missouri River recovery and mitigation. Provides that the study shall be funded under the Missouri River Fish and Wildlife Mitigation Program.
(Sec. 5009) Directs the Secretary to 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 Blackfeet Reservation in Montana, at a specified cost and a 75% federal share.
(Sec. 5010) Directs the Secretary, acting through the Chief of Engineers, to cooperate with and provide assistance to the Lower Platte River natural resources districts in Nebraska to serve as local sponsors with respect to conducting comprehensive watershed planning, assessing water resources, and providing project feasibility planning, design, and construction assistance for water resource and watershed management in the natural resource districts. Authorizes appropriations.
(Sec. 5011) Directs the Secretary of the Treasury to make funds available to the State of South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund. Establishes auditing requirements and modifies investment requirements. Authorizes appropriations.
(Sec. 5012) Directs the Secretary to evaluate, design, and construct structural modifications to the Union Village, North Hartland, North Springfield, Ball Mountain, and Townshend Dams in Vermont to regulate flow and temperature to mitigate downstream impacts on aquatic habitat and fisheries. Authorizes appropriations.
Title VI: Project Deauthorizations - (Sec. 6001) Deauthorizes specified flood damage reduction, flood control, navigation, environmental infrastructure, bridge construction, water supply, recreation, erosion protection, bulkhead construction and repair, jetty construction, cropland irrigation, and soil conservation projects in Alabama, California, Connecticut, Delaware and Maryland, Florida, Indiana, Iowa, Kentucky and Tennessee, Louisiana, Maine, Michigan, Mississippi, Nebraska, New Hampshire, New Jersey, New York, North Carolina and South Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Washington, and West Virginia.