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P.L. 110-114, The Water Resources Development Act of 2007
- This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.
Comparing revision saved on August 3, 2007, 02:32:24 (webmaster), with revision saved on September 25, 2007, 18:05:41 (webmaster):
H.R. 1495 would provide for the conservation and development of water and related resources, and it would authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States.
== Detailed Summary ==
<summary>
Water Resources Development Act of 2007 - Reauthorizes the Water Resources Development Act.
<b>Title I: Water Resources Projects</b> - (Sec. 1001) Authorizes projects for navigation, ecosystem or environmental restoration, and hurricane, flood, or storm damage reduction in Alaska, Arizona, Arkansas, California, Colorado, Florida, Illinois, Iowa, Louisiana, Maryland, Minnesota, Mississippi, Missouri and Kansas, New Jersey, New Mexico, New York, Ohio, Pennsylvania, South Carolina, Texas, Virginia, and Washington. Terminates projects in Florida.
(Sec. 1002) Directs the Secretary of the Army (the Secretary) to: (1) conduct a project for navigation and ecosystem improvements for the Upper Mississippi River and Illinois Waterway System, Minnesota and Illinois; and (2) appoint an advisory panel and develop a system to rank proposed projects.
(Sec. 1003) Authorizes the Secretary to carry out a program for ecosystem restoration, Louisiana Coastal Area. Lists priorities and authorized modifications. Authorizes the Secretary to conduct a demonstration program within the applicable project area to evaluate new technologies and their applicability and to conduct a program for the beneficial use of dredged material. Sets forth reporting requirements. Makes nongovernmental organizations eligible to contribute to the nonfederal share of the cost of a project.
Directs the Secretary, in coordination with the governor of Louisiana, to develop a plan for protecting, preserving, and restoring the coastal Louisiana ecosystem (comprehensive plan), to submit to Congress the plan or an update periodically, and to ensure that the plan is fully integrated with the analysis and design of comprehensive hurricane protection authorized by the Energy and Water Development Appropriations Act, 2006 (EWDAA).
Establishes the Coastal Louisiana Ecosystem Protection and Restoration Task Force to make recommendations to the Secretary regarding: (1) policies, strategies, plans, programs, projects, and activities for addressing conservation, protection, restoration, and maintenance of the coastal Louisiana ecosystem; (2) financial participation by each agency represented on the Task Force in conserving, protecting, restoring, and maintaining the coastal Louisiana ecosystem; and (3) the comprehensive plan. Authorizes Task Force working groups.
Requires the Task Force to establish an integration team to: (1) advise the Task Force and the Secretary regarding opportunities to integrate the planning, engineering, design, implementation, and performance of Corps of Engineers (Corps) projects for hurricane and storm damage reduction, flood damage reduction, ecosystem restoration, and navigation in areas of Louisiana declared to be a major disaster as a result of Hurricanes Katrina or Rita; and (2) review reports relating to the performance of the hurricane, coastal, and flood protection systems in southern Louisiana.
Directs the Secretary to establish a coastal Louisiana ecosystem science and technology program. Authorizes the Secretary, in carrying out an activity to conserve, protect, restore, or maintain the coastal Louisiana ecosystem, to determine that the environmental benefits provided by the program outweigh the disadvantage of an activity. Provides that, upon determining that an activity is cost-effective, no further economic justification shall be required.
Requires the Secretary to: (1) contract with the National Academy of Sciences (NAS) to carry out a study to identify the cause and sources of any degradation of the Louisiana Coastal Area that occurred as a result of an activity approved by the Secretary; (2) study financing alternatives for the ecosystem restoration program and potential reductions in the expenditure of federal funds in emergency responses that would occur as a result of ecosystem restoration in the Area; (3) review each federally-authorized water resources project in the Area in existence on the date of this Act's enactment and carry out specified modifications; and (4) report to the Senate Environment and Public Works Committee and the House Transportation and Infrastructure Committee (the committees).
Directs the Secretary to: (1) establish the Louisiana Water Resources Council to serve as the exclusive peer review panel for activities conducted by the Corps in areas of Louisiana declared as major disaster areas in response to Hurricanes Katrina or Rita; and (2) contract with NAS to perform an external review of the demonstration program and submit the results of the review to the committees.
Authorizes the Secretary to take specified steps, including: (1) raising levee heights as necessary and otherwise enhance the Lake Pontchartrain and Vicinity Project and the West Bank and Vicinity Project to provide the levels of protection necessary to achieve the certification required for the 100-year level of flood protection, in accordance with the National Flood Insurance Program under the base flood elevations current at the time of the construction; and (2) reduce the risk of storm damage to the greater New Orleans metropolitan area by restoring the surrounding wetlands through specified means.
Sets forth provisions regarding cost-sharing requirements. Directs the Secretary to submit to the committees a notice in any case in which an estimate for the expenditure of funds exceeds the amount specified for that project or activity in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006. Limits appropriations.
Directs the Secretary to submit to the committees a report describing any modification required to the project for flood damage reduction, Larose to Golden Meadow, Louisiana, to achieve the certification necessary for participation in the National Flood Insurance Program. Authorizes specified modifications, subject to committee approval of the report and other requirements.
Authorizes the Secretary to consolidate specified flood damage reduction projects in Lower Jefferson Parish, Louisiana, subject to a cost limitation.
Terminates a portion of the navigation project, Mississippi River Gulf Outlet.
Directs the Secretary, regarding projects identified and analysis and design of comprehensive hurricane protection, to: (1) submit specific project recommendations in any report developed under the EWDAA; and (2) submit the reports to the committees.
Authorizes the President, upon determining that a feature recommended in the analysis and design of comprehensive hurricane protection under the EWDAA could address an imminent threat to life and property, prevent a dangerous storm surge from reaching a populated area, prevent the loss of coastal areas that reduce the impact of storm surge, benefit national energy security, protect emergency hurricane evacuation routes or shelters, or address inconsistencies in hurricane protection standards, to submit a legislative proposal relating to the feature to the Speaker of the House and the President pro tempore of the Senate for authorization. Sets forth provisions regarding prioritization of projects. Makes any such proposal submitted by the President, beginning after December 31, 2008, eligible for expedited consideration.
(Sec. 1004) Directs the Secretary to conduct studies for projects for: (1) flood damage reduction in Arkansas, Georgia, Indiana, Massachusetts, Minnesota, and Wyoming; (2) navigation in Alaska, Arkansas, Massachusetts, Michigan, Minnesota, Ohio, and Wisconsin; (3) aquatic ecosystem restoration in Alaska, California, Georgia, Massachusetts, Michigan, North Carolina, Oregon, Rhode Island, and Virginia; (4) prevention or mitigation of damage caused by navigation projects in Georgia and Indiana; and (5) aquatic plant control in Nebraska.
<b>Title II: General Provisions - Subtitle A: Provisions - </b> (Sec. 2001) Amends the Flood Control Act of 1970 to rename project cooperation agreements as partnership agreements, require the Secretary to delegate authority to district engineers to approve certain partnership agreements, and include provisions for damages and credit for in-kind contributions.
(Sec. 2002) Modifies provisions of the Water Resources Development Act (WRDA) of 1996 to authorize the Secretary to 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. Authorizes the Department of State to engage in activities in support of international organizations only after consulting with the Secretary of State. Authorizes funding. Authorizes the Secretary to accept and expend additional funds from foreign governments.
(Sec. 2003) Authorizes the Secretary to include individuals from the nonfederal interest, including the private sector, in training classes and courses offered by the Corps in any case in which it is in the best interest of the government. Requires such individuals to pay the full cost of the training provided.
(Sec. 2004) Directs the Chief of Engineers (Chief) to submit to the committees an annual report on the expenditures for the preceding fiscal year and the estimated expenditures for the current fiscal year.
(Sec. 2005) Amends the WRDA of 1996 to direct the Secretary, for all feasibility reports completed after December 31, 2005, to assess whether: (1) the water resource project and each separable element is cost-effective; and (2) the water resource project complies with federal, state, and local laws and public policies.
Directs the Chief: (1) within two years after the date on which the feasibility study cost sharing agreement is signed for a project, subject to the availability of appropriations, to complete the feasibility study and sign the Chief's report for the project (authorizes the Chief, with the Secretary's approval, to extend the deadline for not to exceed four years for a complex or controversial study); (2) to adopt a risk analysis approach to project cost estimates; and (3) to issue procedures for risk analysis for cost estimation and submit to Congress a report that includes suggested amendments to provisions regarding maximum cost of projects.
Requires a feasibility study for a flood damage reduction project to include, as part of the cost/benefit calculation, a calculation of: (1) the residual risk of flooding , of loss of human life, and to human safety following completion of the proposed project; and (3) any upstream or downstream impacts of the proposed project.
Authorizes the Secretary to establish centers to provide specialized planning expertise for water resource projects to be carried out by the Secretary in order to enhance and supplement the capabilities of the districts of the Corps.
Requires feasibility and other studies and assessments of water resource problems and projects to include recommendations for alternatives: (1) that, as determined by the nonfederal interests for the projects, promote integrated water resources management; and (2) for which the nonfederal interests are willing to provide the nonfederal share for the studies or assessments. Provides that the completion of a Chief's report for a project shall not be delayed while consideration is being given to potential changes in policy or priority for project consideration. Requires completed reports to be submitted to the committees and reviewed by the Secretary, who shall provide any recommendations to Congress, with an exception.
(Sec. 2006) Directs the President to establish a Water Resources Planning Coordinating Committee. Declares that it is U.S. policy that all water resources projects carried out by the Corps shall reflect national priorities, seek to avoid the unwise use of floodplains, minimize vulnerabilities in any case in which a floodplain must be used, protect and restore the functions of natural systems, and mitigate any unavoidable damage to natural systems.
Requires the Committee, in collaboration with the Secretary, to: (1) report to the President and Congress describing U.S. vulnerability to damage from flooding and related storm damage; and (2) review and propose updates and revisions at specified intervals to modernize the planning principles, guidelines, regulations, and circulars by which the Corps analyzes and evaluates water projects.
Directs the Committee and the Secretary: (1) in conducting a review, to consider revisions to improve project planning through specified means, including requiring the use of modern economic principles and analytical techniques, eliminating certain biases, and encouraging wetlands conservation; and (2) to solicit public and expert comments regarding proposed revisions. Sets forth provisions regarding revision of planning guidance and reporting requirements.
(Sec. 2007) Requires the Secretary to appoint a Director of Independent Review.
Directs the Secretary to ensure that each project study for a water resources project shall be reviewed by an independent panel of experts if: (1) the project has an estimated total cost of more than million, including mitigation costs; (2) the governor of a state in which the project or its drainage basin is located and which would be directly affected economically or environmentally requests a panel; (3) the head of a federal agency with review authority determines that the project is likely to have a significant adverse impact on public safety or on environmental, fish and wildlife, historical, cultural, or other resources under the jurisdiction of the agency and requests a panel; or (4) the Secretary determines, on his or her own initiative or upon receipt of a written request for a controversy determination by any party, that the project is controversial because there is a significant dispute regarding the size, nature, potential safety risks, or effects of the project or there is a significant dispute regarding the economic or environmental costs or benefits of the project.
Requires the Director of Independent Review to: (1) establish a panel of between five and nine independent experts for each water resources project subject to review; and (2) apply NAS's policy to ensure that panel members have no conflict with the project being reviewed.
Directs the Secretary to: (1) take into consideration any recommendations contained in an independent panel's report and make it available to the public on the Internet; (2) prepare a written explanation of any recommendations not adopted; and (3) submit the panel's report and the explanation for inclusion in the Chief's report to Congress and for publication in the Federal Register and make it available on the Internet. Sets deadlines for project planning reviews.
Directs the Secretary to ensure that the construction activities for any flood damage reduction project shall be reviewed by an independent panel if the Director determines that an independent review is necessary to ensure public health, safety, and welfare on any project that meets specified criteria. . Sets deadlines for safety assurance reviews.
Limits costs of the panels. Directs the Secretary to report on implementation of this section within five years.
(Sec. 2008) Amends the WRDA of 1986 to provide that in any case in which it is not technically practicable to complete mitigation by the last day of construction of the project, the Secretary shall complete the required mitigation as expeditiously as practicable, but not later than the last day of the first fiscal year beginning after the last day of construction.
Permits the Secretary, upon determining that other forms of compensatory mitigation are not practicable or are less environmentally desirable, to purchase available credits from an approved mitigation bank or conservation bank (which relieves the Secretary and the nonfederal interest from responsibility for monitoring or demonstrating mitigation success).
Requires the Secretary, to mitigate losses to flood damage reduction capabilities and fish and wildlife resulting from a water resources project, to ensure that the mitigation plan for each project complies fully with standards and policies established by the Federal Water Pollution Control Act. Lists specific mitigation plan requirements, criteria for success, and monitoring and reporting requirements. Directs the Secretary to establish a recordkeeping system to track projects and make information in the system available on the Internet.
(Sec. 2009) Amends the WRDA of 1974 to authorize the Secretary, upon request, to provide (at federal expense) technical assistance in managing water resources. Limits sums that may be expended. Authorizes appropriations and reserves specified funds for assistance to rural and small communities. 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 Chief, to provide public access to water resource and related water quality data in the custody of the Corps.
(Sec. 2011) Amends the WRDA of 1996 to direct that budget priority for flood control projects by nonfederal interests be proportionate to the percentage of project completion and that a completed project have the same priority as a project with a contractor on site. Directs the Secretary to enter into agreements for the development of flood control projects in Illinois, Texas, and Wisconsin.
(Sec. 2012) Amends the WRDA of 1992 to replace provisions regarding beneficial uses of dredged material with regional sediment management provisions. Requires the Secretary, acting through the Chief, to develop Regional Sediment Management plans and carry out construction, repair, modification, or rehabilitation of 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.
Authorizes projects to be carried out (subject to specified limitations) in any case in which the Secretary finds that: (1) the environmental, economic, and social benefits of the project justify the cost; and (2) the project would not result in environmental degradation.
Directs the Secretary, acting through the Chief and in cooperation with the appropriate agencies, to develop (at federal expense) plans and projects for regional management of sediment obtained in conjunction with construction, operation, and maintenance of federal water resources projects. Limits costs.
Permits the Secretary: (1) to select, with the consent of the nonfederal interest, a disposal method that is not the least-cost option if the Secretary determines that the incremental costs of the method are reasonable in relation to the environmental benefits; and (2) acting through the Chief, to cooperate with any state in the preparation of a comprehensive state or regional coastal sediment management plan within the boundaries of the state, to encourage state participation in implementation, and to submit to Congress reports and recommendations regarding appropriate federal participation.
Directs the Secretary to give priority to regional sediment management projects in specified locations in New York, California, New Jersey and Pennsylvania, and Ohio. Authorizes appropriations. Permits a nonfederal interest to include a nonprofit entity with the consent of the affected local government.
Repeals provisions regarding the placement of state beaches of sand dredged in constructing and maintaining adjacent navigation inlets and channels.
(Sec. 2013) Rewrites provisions regarding the Secretary's authorization to undertake construction of small shore and beach restoration and protection projects not specifically authorized by Congress. Permits such activities if the Secretary meets specified requirements. Makes a local cooperation requirement applicable to a project under this section. Requires authorized projects to be complete. Directs the Secretary, acting through the Chief, to conduct a national shoreline erosion control development and demonstration program, subject to specified requirements.
(Sec. 2014) Declares that it is U.S. policy to promote shore protection projects and related research that encourage the protection, restoration, and enhancement of sandy beaches, including beach restoration and periodic beach renourishment for a period of 50 years, on a comprehensive and coordinated basis by the federal government, states, localities, and private enterprises. Directs that preference be given to areas in which there has been a federal investment of funds and 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. Requires the Secretary to apply that policy to each shore protection and beach renourishment project.
(Sec. 2015) Directs that costs incurred for monitoring for an ecosystem restoration project be cost-shared: (1) in accordance with the formula relating to the applicable original construction project; and (2) for a maximum period of 10 years. Limits monitoring costs.
(Sec. 2016) Requires the Corps to include ecosystem restoration benefits in calculating benefits for specified projects in California.
(Sec. 2017) Amends the WRDA of 2000 to repeal a limitation on authority provided, allowing the Secretary (after public notice) 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, to be in effect through March 31, 2006.
(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, as part of the Corps' operation and maintenance of existing reservoirs, 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, including: (1) conducting a study to identify unused, underused, or additional water storage capacity at reservoirs; (2) reviewing an operational plan and identifying any change to maximize an authorized project purpose to improve water storage capacity and enhance efficiency of releases and withdrawal of water; (3) improving and updating data, data collection, and forecasting models to maximize an authorized project purpose and improve water storage capacity and delivery; and (4) conducting a sediment study and implementing any sediment management or removal measure.
Provides that in the case of: (1) a reservoir currently operated or maintained by the Corps, the storage charge for a future contract or contract renewal for the first cost of water supply storage at the reservoir shall be the lesser of the estimated cost of purposes foregone, replacement costs, or the updated cost of storage; (2) a water supply that is reallocated from another project purpose to municipal or industrial water supply, the joint use costs for the reservoir shall be adjusted to reflect the reallocation of project purposes; and (3) a reallocation that adversely affects hydropower generation, the Secretary shall defer to the Administrator of the respective Power Marketing Administration to calculate the impact of such a reallocation on the rates for hydroelectric power.
(Sec. 2020) Makes the prohibition against the Secretary assigning any quantity of dredging work to any federal hopper dredge in active status greater than the quantity assigned to that vessel in the average of the three prior fiscal years inapplicable to the dredges Essayons and Yaquina.
(Sec. 2021) Provides 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) Adds the Secretary to the list of federal agencies authorized to enter into contracts with state and local governmental entities for procurement of services in suppressing 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 governmental unit.
(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 EWDAA provisions regarding program administration, including removal of restrictions on the use of funds and continuing contracts by the Corps.
(Sec. 2026) Authorizes the Secretary, acting through the Chief prior to the date federal financial participation in a shore protection project terminates, to review the project to determine whether extending federal financial participation would be feasible.
(Sec. 2027) Amends the WRDA of 2000 to authorize the Secretary, under the tribal partnership program, to carry out water-related planning activities. Permits studies to address watershed assessments and planning activities. Authorizes appropriations for the program through FY2012.
(Sec. 2028) Amends the WRDA of 1986 to require the Secretary shall transmit to Congress every year (currently, every two years), after transmittal of the list of unconstructed projects, a list of projects that have been authorized but have received no obligations during the seven preceding fiscal years. Provides that a project included in such list is not authorized after the fiscal year following the fiscal year in which the list is transmitted if funds have not been obligated for the planning, design, or construction of such project.
<b>Subtitle B: Continuing Authorities Projects </b> - (Sec. 2031) Amends the River and Harbor Act of 1960 to increase the allotment for the construction of a small river and harbor improvement project at any single locality.
(Sec. 2032) Amends the Flood Control Act of 1946 to increase the cap for funding a project at any single locality for the protection of highways, bridge approaches, public works, churches, hospitals, schools, and other 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) Authorizes 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. Sets the nonfederal share of the cost of construction of any such project at 35%, which shall include the costs of all land, easements, rights-of-way, and necessary relocations. Limits the per project cost.
(Sec. 2036) Amends the WRDA of 1999 to: (1) include nonprofit entities within the definition of "non-federal interest," with the consent of the affected local government; (2) authorize the Secretary to perform construction activities to address water quality problems caused by drainage and related activities from abandoned and inactive non-coal mines; (3) reduce the nonfederal share of such assistance to 25%; and (4) set the nonfederal share of the costs of operation and maintenance for such a project at 100%.
(Sec. 2037) Authorizes the Secretary to carry out a small dam removal or rehabilitation project that will improve the quality of the environment or is in the public interest. Directs the Secretary to give priority to carrying out specified projects in Georgia, Illinois, Indiana, Michigan, and Pennsylvania. Requires the nonfederal interest to provide 35% of removal or remediation costs. Limits the per project cost.
(Sec. 2038) Directs the Secretary to develop eligibility criteria for federal participation in navigation projects located in economically disadvantaged communities that are: (1) dependent on water transportation for subsistence; and (2) located in remote areas of the United States, 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 provide that if the Secretary determines that a project needs to be continued for public health and safety purposes, the nonfederal 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.
Amends the WRDA of 1986 to: (1) require (currently, allows) the Secretary to require compliance with any requirements pertaining to operation by nonfederal interests in carrying out water resources projects; and (2) eliminate civil penalties in partnership agreements; and (3) allow the use of liquidated damages.
<b>Subtitle C: National Levee Safety Program </b> - (Sec. 2053) 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; and (3) support coordination and information exchange between federal and state agencies that share common problems and responsibilities relating to levee safety.
(Sec. 2054) Directs the Secretary to: (1) establish and maintain a national levee safety program; (2) prepare a strategic plan; (3) establish federal guidelines relating to levee safety; (4) develop, maintain, and periodically publish an inventory of levees in the United States; (5) conduct an assessment of each levee that protects human life or public safety to determine the potential for failure or overtopping that would pose a risk. Provides for state participation in assessments of levees.
Requires: (1) each state to conduct assessments of nonfederal levees located within the state; and (2) the Secretary to provide funds to state levee safety agencies to assist states in establishing, maintaining, and improving levee safety programs, subject to approval of a state levee safety agency's application. Permits the Secretary to periodically review any program carried out using funds under this section.
Directs the Secretary to: (1) carry out a program of technical and archival research regarding levee construction, rehabilitation, inspection, safety, security, and management; and (2) establish a program to train state levee safety agency staff and inspectors.
(Sec. 2055) Authorizes appropriations.
<b>Title III: Project-Related Provisions</b> - (Sec. 3001) Directs the Secretary to carry out, on an emergency basis, necessary removal of rubble, sediment, and rock impeding the entrance to St. Herman and St. Paul Harbors, Kodiak, Alaska, at a federal cost of million.
(Sec. 3002) Modifies various projects and directs or authorizes actions in Alaska, Alabama, Arizona, Arkansas, California, Connecticut, Delaware, Florida, Georgia, Idaho, Illinois, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin.
(Sec. 3137) Amends the WRDA of: (1) 1988 to allow the Secretary to operate headwaters reservoirs below the minimum or above the maximum water levels established in that year in accordance with water control regulation manuals developed by the Secretary, after consultation with specified parties and subject to specified notification requirements; and (2) 1992 to authorize the purchase of property that is not limited to property held by the Resolution Trust Corporation for the Lower Mississippi River Museum and Riverfront Interpretive Site.
(Sec. 3139) Allows a nongovernmental organization to be considered to be a nonfederal interest for Upper Mississippi River fish and wildlife habitat rehabilitation and enhancement projects, with the consent of the affected local government.
(Sec. 3140) Allows funds made available for recovery or mitigation activities in the lower basin of the Missouri River to be used for such activities in the upper basin.
(Sec. 3141) Amends the WRDA of 2000 to require the Secretary, before planning, designing or constructing a project for restoring the Great Lakes, to: (1) identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; and (2) determine whether planning should proceed. Requires any reconnaissance study carried out under this section to be carried out at full federal expense.
(Sec. 3142) Amends the WRDA of 1990 and 1996 to extend appropriations through 2011 for Great Lakes Remedial Action Plans and Sediment Remediation and for Great Lakes Tributary Models.
(Sec. 3144) Directs the Secretary to: (1) establish a pilot program to evaluate new technologies applicable to the Upper Ohio River and Tributaries Navigation System; and (2) take specified actions regarding a flood control project at Perry Creek and a right of first refusal involving water supply storage at Rathbun Lake in Iowa.
(Sec. 3147) Amends the WRDA of 1999 to increase the amount of credit allowed toward the nonfederal share of the cost of an environmental infrastructure project in Jackson County, Mississippi, for the costs incurred by the Jackson County Board of Supervisors since February 8, 1994, in constructing the project, subject to the Secretary's determination that the work is compatible with and integral to the project.
(Sec. 3148) Authorizes the Secretary to review the project for beach erosion control and hurricane protection at Sandbridge Beach, Virginia Beach, Virginia, to determine whether any additional federal interest exists.
<b>Title IV: Studies </b>- (Sec. 4001) Directs the Secretary to conduct various studies in Alaska, California, Colorado, Delaware, Florida, Idaho, Illinois, Louisiana, Michigan, Minnesota, Ohio, Rhode Island, South Carolina and Georgia, Texas, Vermont and New York, Washington, and Wisconsin.
(Sec. 4036) Directs the Secretary, in coordination with the Administrator of the Environmental Protection Agency (EPA), to conduct a complete reevaluation of demolition, debris removal, segregation, transportation, and disposal practices relating to disaster areas designated in response to Hurricanes Katrina and Rita and to report to the committees.
(Sec. 4037) Directs the Secretary to conduct a study of the Mohawk River watershed, Oneida County, New York.
(Sec. 4038) Directs the Secretary, in determining the feasibility of a project for ecosystem restoration, Walla Walla River Basin, Oregon and Washington, to: (1) provide a credit toward the nonfederal share of the cost of any activity carried out by the nonfederal interest before the date of the partnership agreement for the project if the activity is integral to the project; and (2) allow the nonfederal interest to provide the nonfederal share of the cost of the study in the form of in-kind services and materials.
<b>Title V: Miscellaneous Provisions</b> - (Sec. 5001) Amends the WRDA of 1986 to include additional sites in North Dakota, Vermont, and North Carolina in the Lakes Program.
(Sec. 5002) Amends the Estuary Restoration Act of 2000 to expand the purposes of the restoration program by including the implementation of a coordinated federal approach to estuary habitat restoration activities, including the use of common monitoring standards and a common system for tracking restoration acreage. Adds regional interests to the estuary habitat restoration plan. Permits the inclusion of monitoring costs in the total cost of the estuary habitat restoration project. Modifies reporting requirements. Extends funding through 2011.
(Sec. 5003) Amends the WRDA of 1992 to authorize projects for water infrastructure improvements and related purposes in Georgia, Kansas, Louisiana, Minnesota, Mississippi, Nevada, North Carolina, Oklahoma, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Colorado, Florida, New Jersey, New York, Maryland and Virginia, Michigan, North Dakota, and California, as well as the Chesapeake Bay and the Eastern and Western United States.
(Sec. 5004) Amends the WRDA of 1999 to increase funding for a pilot program to provide environmental assistance to nonfederal interests in Alaska.
(Sec. 5005) Directs the Secretary to establish a program to provide environmental assistance to nonfederal interests in California, which may be in the form of design and construction assistance for water-related environmental infrastructure and resource protection and development projects. Permits the Secretary to provide assistance for a project only if it is publicly owned. Sets forth requirements regarding partnership agreements, cost-sharing (at a 75% federal share), inclusion of nonprofit entities, and limitation on funds used by the Corps district offices to administer projects.
(Sec. 5006) Amends the WRDA of 1990 regarding the conveyance of Oakland Inner Harbor Tidal Canal property in California to require the Secretary to submit to specified committees an annual report describing efforts to complete the conveyances during the preceding fiscal year.
(Sec. 5007) Authorizes a nonfederal interest to reconstruct and relocate the flood control project, Calaveras River and Littlejohn Creek and tributaries, California, approximately 300 feet in a westerly direction unless the Secretary determines within 30 days that the relocation would be injurious to the public interest.
(Sec. 5008) 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.
(Sec. 5009) 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. 5010) 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. 5011) Directs the Secretary, in coordination with the mayor of the District of Columbia, 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. 5012) Authorizes the Secretary, acting through the Chief, to cooperate with the city of Roswell, Georgia, as local sponsor and coordinator with other local governments in the Big Creek watershed, to assess the quality and quantity of water resources, conduct comprehensive watershed management planning, develop and implement water efficiency technologies and programs, and plan, design, and construct water resource facilities to restore the watershed. Sets the federal share of the cost of the project at 65%.
(Sec. 5013) Directs the Secretary to establish a program to provide environmental assistance to nonfederal interests in the Metropolitan North Georgia Water Planning District. Sets the federal share of project costs under each local cooperation agreement at 75%.
(Sec. 5014) Amends the WRDA of 1999 to include Wyoming in a program providing environmental assistance to nonfederal interests in rural Nevada and Montana.
(Sec. 5015) Provides that the Chicago Sanitary and Ship Canal Dispersal Barrier Project (Barrier I) and Barrier II shall be considered to constitute a single project. Authorizes and directs the Secretary, through the Chief, to upgrade and make permanent Barrier I and construct Barrier II. Directs the Secretary to conduct a feasibility study of the range of options and technologies available to prevent the spread of aquatic nuisance species between the Great Lakes and Mississippi River Basins and through the Chicago Sanitary and Ship Canal and other aquatic pathways.
(Sec. 5016) Directs the Secretary to conduct a study of the Missouri River and its tributaries 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. Directs the Secretary to establish the Missouri River Recovery Implementation Committee.
(Sec. 5017) Authorizes the Secretary to establish a program to provide environmental assistance to nonfederal interests in the Southeast Louisiana Region. Sets the federal share of the cost at 75%.
(Sec. (5018) Amends the WRDA of 1999 to increase funding for a pilot program to provide environmental assistance to nonfederal interests in Mississippi.
(Sec. 5019) 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 exterior boundaries of the Blackfeet reservation in Montana, at a cost of 0 million. Sets the federal share of the cost at 75%.
(Sec. 5020) Authorizes the Secretary, acting through the 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 in the districts, assessing water resources, and providing project feasibility planning, design, and construction. Sets the federal share of the cost at 65%.
(Sec. 5021) Directs the Secretary to establish a program to provide environment assistance to nonfederal interests in North Carolina. Sets the federal share of the cost at 75%.
(Sec. 5022) Authorizes the Secretary to provide planning, design, and construction assistance to the Ohio River Watershed Sanitation Commission flood and pollution control compact for the improvement of the quality of the environment in and along the Ohio River Basin.
(Sec. 5023) Directs the Secretary to provide technical assistance for the development of updates of the Oklahoma Comprehensive Water Plan.
(Sec. 5024) Amends the WRDA of 1999 to direct the Secretary of the Treasury to make funds available to South Dakota from the State of South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund to carry out a plan for terrestrial wildlife habitat restoration. Modifies the investment strategy regarding that Fund and the Cheyenne River Sioux Tribe and Lower Brule Sioux Terrestrial Wildlife Habitat Restoration Trust Fund. Requires annual reviews of investment activities and audits of the activities of South Dakota.
(Sec. 5025) Directs the Secretary to establish a program to provide environmental assistance to nonfederal interests in Texas. Sets the federal share of the cost at 75%.
(Sec. 5026) Directs the Secretary to evaluate, design, and construct structural modifications, at full federal cost, to specified dams in Vermont to regulate flow and temperature to mitigate downstream impacts on aquatic habitat and fisheries.
(Sec. 5027) Amends the WRDA of 1986 to permit a nonfederal interest to use federal funds to provide the nonfederal share of the costs of a study or project carried out in American Samoa, Guam, the Northern Mariana Islands, the Virgin Islands, and the Trust Territory of the Pacific Islands if the agency that provides the federal funds determines that the funds are eligible for that purpose.
(Sec. 5028) Directs the Secretary, by July 1, 2008, to: (1) issue a final environmental impact statement relating to the Inner Harbor Navigation Canal Lock project; and (2) develop and maintain a transportation mitigation program relating to that project in coordination with St. Bernard and Orleans Parishes, the Old Arabi Neighborhood Association, and other interested parties.
(Sec. 5029) Directs the Secretary to expedite operation and maintenance, including dredging, of the navigation features of the Great Lakes and connecting channels to support navigation.
<b>Title VI: Project Deauthorizations </b>- (Sec. 6001) Deauthorizes specified flood damage reduction, flood control, navigation, bridge fender construction, recreation, water supply erosion protection, bulkhead construction, environmental infrastructure, soil conservation, and bank erosion projects in Alabama, California, Connecticut, Delaware and Maryland, Florida, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Mississippi, Nebraska, New Hampshire, New Jersey, New York, North and South Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Washington, and West Virginia.
</summary>
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== Status of the Legislation ==
<status>
Latest Major Action: 8/1/2007:9/24/2007: Conference report agreed to in House.Senate. Status: On agreeingSenate agreed to the conference report Agreed to by the Yeas and Nays: 381Yea-Nay Vote. 81 - 40 (Roll no. 790).12. Record Vote Number: 347.
</status>
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== Points in Favor ==
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== Points Against ==
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Visitor Comments
B4berkley
April 19, 2007, 5:19am (report abuse)1st of all the government doesn't need any more land. It's not a private business.
2nd, Why is it this mentality is so popular, I should have to pay for people to live in dangerous areas?
My money should help make it safer for someone to live in a flood plain or a coastal town ravaged by some type of catastrophy, wouldn't it be less expensive to just buy them a house
somewhere safer?
My pockets have been stretched with
a penny here and a penny there.
Over 12,000 in income tax this year. ehhh, what's another 98?
GreatDanes
September 28, 2007, 7:54pm (report abuse)Every thing should be put on hold as they are killing us in this country with all the sneaky bills. Vote NO
wiscobiscuit
October 2, 2007, 9:50am (report abuse)The Mississippi River-Gulf Outlet and its resultant erosion of critical wetlands and barriers was a (maybe the) major contributing factor in the devastation in south Louisiana. Shutting down this ill-conceived and little-used boondoggle is my tax dollars well-spent. If (when) this legislation is vetoed, this concern must be introduced as a stand-alone appropriation. MR-GO's gotta go.