Page:United States Statutes at Large Volume 121.djvu/1126

 PUBLIC LAW 110–114—NOV. 8, 2007

121 STAT. 1105

or local government agency, Indian tribe, or non-Federal interest involved under paragraph (2). (i) LIMITATIONS.—Nothing in this section shall preempt or interfere with— (1) any statutory requirement for seeking public comment; (2) any power, jurisdiction, or authority that a Federal, State, or local government agency, Indian tribe, or non-Federal interest has with respect to carrying out a water resources project; or (3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 and the regulations issued by the Council on Environmental Quality to carry out such Act. SEC. 2046. PROJECT DEAUTHORIZATION.

Section 1001(b)(2) of the Water Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)) is amended— (1) in the first sentence— (A) by striking ‘‘two years’’ and inserting ‘‘year’’; and (B) by striking ‘‘7’’ and inserting ‘‘5’’; (2) in the last sentence by striking ‘‘30 months after the date’’ and inserting ‘‘the last date of the fiscal year following the fiscal year in which’’; and (3) in the last sentence by striking ‘‘such 30 month period’’ and inserting ‘‘such period’’. SEC. 2047. FEDERAL HOPPER DREDGES.

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

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‘‘(a) PLACEMENT IN READY RESERVE STATUS.—Not before October 1, 2009, and not after December 31, 2009, the Secretary shall— ‘‘(1) place the Federal hopper dredge McFarland (referred to in this section as the ‘vessel’) in a ready reserve status; and ‘‘(2) use the vessel solely for urgent and emergency purposes in accordance with existing emergency response protocols. ‘‘(b) ROUTINE TESTS AND MAINTENANCE.— ‘‘(1) IN GENERAL.—The Secretary shall periodically perform routine underway dredging tests of the equipment (not to exceed 70 days per year) of the vessel in a ready reserve status to ensure the ability of the vessel to perform urgent and emergency work. ‘‘(2) MAINTENANCE.—The Secretary— ‘‘(A) shall not assign any scheduled hopper dredging work to the vessel other than dredging tests in the Delaware River and Bay; but ‘‘(B) shall perform any repairs, including any asbestos abatement, necessary to maintain the vessel in a ready reserve fully operational condition. ‘‘(c) ACTIVE STATUS FOR DREDGING.—The Secretary, in consultation with affected stakeholders, shall place the vessel in active status in order to perform dredging work if the Secretary determines that private industry has failed—

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