Page:United States Statutes at Large Volume 121.djvu/1176

 PUBLIC LAW 110–114—NOV. 8, 2007

121 STAT. 1155

Stat. 58), is modified to direct the Secretary to deepen the upstream reach of the navigation channel from 12 feet to 18 feet, at a total cost of $405,000. SEC. 3175. MISSISSIPPI RIVER HEADWATERS RESERVOIRS.

Section 21 of the Water Resources Development Act of 1988 (102 Stat. 4027) is amended— (1) in subsection (a)— (A) by striking ‘‘1276.42’’ and inserting ‘‘1278.42’’; (B) by striking ‘‘1218.31’’ and inserting ‘‘1221.31’’; and (C) by striking ‘‘1234.82’’ and inserting ‘‘1235.30’’; and (2) by striking subsection (b) and inserting the following: ‘‘(b) EXCEPTION.—The Secretary may operate the headwaters reservoirs below the minimum or above the maximum water levels established in subsection (a) in accordance with water control regulation manuals (or revisions thereto) developed by the Secretary, after consultation with the Governor of Minnesota and affected tribal governments, landowners, and commercial and recreational users. The water control regulation manuals (and any revisions thereto) shall be effective when the Secretary transmits them to Congress. The Secretary shall report to Congress at least 14 days before operating any such headwaters reservoir below the minimum or above the maximum water level limits specified in subsection (a); except that notification is not required for operations necessary to prevent the loss of life or to ensure the safety of the dam or if the drawdown of lake levels is in anticipation of flood control operations.’’.

Effective date. Reports. Deadline.

SEC. 3176. UPPER BASIN OF MISSOURI RIVER.

(a) USE OF FUNDS.—Notwithstanding the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103), funds made available for recovery or mitigation activities in the lower basin of the Missouri River may be used for recovery or mitigation activities in the upper basin of the Missouri River, including the States of Montana, Nebraska, North Dakota, and South Dakota. (b) CONFORMING AMENDMENT.—The matter under the heading ‘‘MISSOURI RIVER MITIGATION, MISSOURI, KANSAS, IOWA, AND NEBRASKA’’ of section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: ‘‘The Secretary may carry out any recovery or mitigation activities in the upper basin of the Missouri River, including the States of Montana, Nebraska, North Dakota, and South Dakota, using funds made available under this paragraph in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and consistent with the project purposes of the Missouri River Mainstem System as authorized by section 10 of the Flood Control Act of December 22, 1944 (58 Stat. 897).’’. SEC. 3177. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT PROGRAM.

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Section 1103(e)(1)(A)(ii) of the Water Resources Development Act of 1986 (33 U.S.C. 652(e)(1)(A)(ii)) is amended by inserting before the period at the end the following: ‘‘, including research on water quality issues affecting the Mississippi River (including elevated nutrient levels) and the development of remediation strategies’’.

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