News From Neptune

JUNE 2008     AUGUST 2008

July Blog Contents (07..08)

July 30, 2008

American Sailing Association
5301 Beethoven Street, Suite 265
Los Angeles, CA 90066

Dear Mr. Holmes,

Since you previously wrote to me in support of the Clean Boating Act of 2008 (S.2766), I wanted to share some good news with you about this legislation.

I am pleased to inform you that Congress has passed the Clean Boating Act, and it was signed into law on July 29, 2008.

As I noted in my previous letter to you, I proudly joined Senator Bill Nelson (D-FL) in introducing this bill to establish measures that ensure the protection of water quality while minimizing any burdens for recreational boaters under the Clean Water Act.

As you know, the Clean Boating Act makes it clear that recreational boaters will not have to get a permit under the Clean Water Act, while also requiring the Environmental Protection Agency and the Coast Guard to develop management practices, outside of any permitting programs, to assist boaters in minimizing adverse pollution impacts. By helping boaters to maintain and improve water quality, the boating experience will be enhanced for all users.

Thank you for your past correspondence on this matter. Please feel free to write to me in the future about this or any other issue of concern to you.

Barbara Boxer
United States Senator

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2) Originally, a “first rate” ship was one:
R - Designed to carry mail across the Atlantic at the fastest possible speed
S - Containing over 100 guns across three decks
T - The first in a series of similarly-designed brigantines

3) A “fly-by-night” once meant:
A - Large square sail that could be set and handled easily
B - Part-time sailor who was not as highly skilled as his mates
C - Pirate vessel that attacked without warning on moonless nights

                                                                                                            Answers: A, S, A

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Congressional action was spawned by a U.S. District Court decision in September 2006 under which an estimated 17 million recreational boats would have fallen under Clean Water Act permit requirements effective September 30, 2008. The permit would have dictated maintenance and operation procedures and potentially subjected boaters to citizen lawsuits as well as a penalty system designed for industrial polluters.

"This is a fabulous victory for common sense and it just goes to show what can be done when the boating public, the marine industry and its representatives in Congress row together in a bipartisan way," said BoatU.S. President Nancy Michelman.

BoatU.S. Government Affairs Director Margaret Podlich was quick to shower praise on a boatload of legislators who did much of the heavy lifting including Sens. Bill Nelson (D-FL) and Barbara Boxer (D-CA) and Representatives Jim Oberstar (D-MN), Steve LaTourette (R-OH), Candice Miller (R-MI) and Gene Taylor (D-MS).

"One of the real keys to success here was our collective ability to activate the grassroots," said Podlich, noting that tens of thousands of letters and e-mails were generated by boaters and anglers over the course of the past 12 months.

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Became Public Law No: 110-114

Note: Public Law enacted over Bush veto.

SUMMARY AS OF: 11/8/2007--Public Law.

Water Resources Development Act of 2007 - Reauthorizes the Water Resources Development Act (WRDA). Authorizes flood control, navigation, and environmental projects and studies by the Army Corps of Engineers.

Title I: Water Resources Projects - (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, Kentucky, Louisiana, Maryland, Minnesota, Missouri and Kansas, New Jersey, New Mexico, New York, Ohio, Pennsylvania, South Carolina, Texas, Virginia, and Washington. Terminates specified projects in Florida.

(Sec. 1002) Directs the Secretary of the Army (the Secretary) to conduct studies for projects for: (1) flood damage reduction in Alabama, Alaska, Arizona, Arkansas, California, Georgia, Indiana, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Tennessee, Texas, and Wyoming; (2) emergency streambank protection in California, Florida, Louisiana, Arkansas and Louisiana, Maryland, Minnesota, Missouri, New York, Tennessee, Texas, and Vermont; (3) navigation in Alaska, Arkansas, Louisiana, Massachusetts, Michigan, Minnesota, New York, and Wisconsin; (4) improvement of the quality of the environment in California, Florida, Iowa, Missouri, New Jersey and Delaware, and Pennsylvania; (5) aquatic ecosystem restoration in Alabama, Alaska, California, Florida, Georgia and Alabama, Louisiana, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nevada, New Jersey, North Carolina, Ohio, Oregon, Pennsylvania, Rhode Island, South Carolina, Vermont, and Virginia; (6) shoreline protection in Alaska, California, Florida, Guam, New York, Pennsylvania, and Texas; (7) snagging and sediment removal in New York; and (8) prevention or mitigation of damage caused by navigation projects in Georgia and Indiana.

(Sec. 1010) Authorizes the Secretary to carry out a project for aquatic nuisance plant control in the Republican River Basin, Nebraska.

Title II: General Provisions - (Sec. 2001) Amends the WRDA of 1986 to prohibit the Secretary from: (1) soliciting contributions from non-federal interests for costs of constructing authorized water resources projects or measures in excess of the nonfederal share assigned to appropriate project purposes; or (2) conditioning federal participation on receipt of such contributions.

(Sec. 2002) Extends the Secretary's authority to accept and expend funds contributed by nonfederal public entities and to expedite the processing of permits.

(Sec. 2003) Amends the Flood Control Act to allow a partnership agreement for projects to include a provision for liquidated damages in the event of a failure of parties to perform. Sets forth additional reporting and other requirements regarding such agreements. Directs the Secretary, by June 30, 2008, to issue policies and guidelines that delegate certain authority to district engineers to approve or sign partnership agreements.

(Sec. 2004) Directs the Secretary and the Chief of Engineers (Chief) to prepare a compilation of U.S. laws related to water resources development enacted after November 8, 1966, and before January 1, 2008.

(Sec. 2005) Amends the WRDA to authorize the Secretary to enter into a partnership agreement with nonfederal interests for the acquisition, design, construction, management, or operation of a dredged material processing, treatment, contaminant reduction, or disposal facility using funds provided by the federal government, subject to specified federal funding and cost sharing requirements.

(Sec. 2006) Authorizes the Secretary, in conducting a study of harbor and navigation improvements, to recommend a project without demonstrating that the project is justified solely by national economic development benefits under specified circumstances involving remote and economically critical projects.

(Sec. 2007) Allows the nonfederal interest for a study or project to use, and requires the Secretary to accept, funds provided by a federal agency to satisfy the nonfederal share of the cost under specified circumstances.

(Sec. 2008) Directs the Secretary, upon legal authorization of an increase in the maximum amount of federal funds that may be allocated for a project or an increase in the total cost, to enter into a revised partnership agreement to take into account the change in federal participation (without affecting any cost-sharing requirement).

(Sec. 2009) Directs the Secretary to expedite any authorized planning, design, and construction of a flood damage reduction project for an area that, within the preceding five years, has been subject to flooding that resulted in the loss of life and caused damage of sufficient magnitude to warrant a declaration of a major disaster by the President.

(Sec. 2010) Amends the WRDA of 1986 to add river basins in Ohio, Washington, New York, and Arkansas and Missouri to selected river basins and watersheds for assessment. Reduces the nonfederal share of the costs of assessments on or after December 11, 2000.

(Sec. 2011) Amends the WRDA of 2000 to authorize the Secretary, under the tribal partnership program, to carry out water-related planning activities. Authorizes studies involving projects located in lands within the jurisdictional area of an Oklahoma Indian tribe that are recognized as eligible for trust land status. Permits studies to address watershed assessments and planning activities. Authorizes appropriations for the program through FY2012.

(Sec. 2012) 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. 2013) Authorizes the Secretary, at the request of a governmental agency or nonfederal interest, to provide technical assistance in managing water resources, including the provision and integration of hydrologic, economic, and environmental data and analyses. Directs the Secretary to submit to specified congressional committees, concurrent with the request for appropriations for the Civil Works Program for a fiscal year, a report describing the individual activities proposed for funding.

(Sec. 2014) Amends the WRDA of 1986 to include additional sites in Illinois, New Jersey, North Carolina, North Dakota, Pennsylvania, and Vermont in the Lakes Program.

(Sec. 2015) Authorizes the Secretary to: (1) enter into cooperative agreements with nonprofit organizations with expertise in wetlands restoration to carry out design and construction of wetlands restoration that is part of an authorized project; and (2) include individuals not employed by the Department of the Army in training classes offered by the Corps of Engineers when it is in the best interest of the government. Requires such individuals to pay the full cost of the training.

(Sec. 2017) Directs the Secretary to provide public access to water resource and related water quality data in the custody of the Corps.

(Sec. 2018) Declares that it is U.S. policy to promote beach nourishment for purposes of flood damage reduction and hurricane and storm damage reduction and related research that encourages the protection, restoration, and enhancement of sandy beaches on a comprehensive basis, with preference to areas in which there has been a federal investment and where the need for prevention or mitigation of damage is attributable to federal activities.

(Sec. 2019) Amends the WRDA of 1986 to require the development of new criteria and procedures regarding the ability of a nonfederal interest to pay (with respect to cost-sharing agreements) by December 31, 2007. Directs the Secretary to apply such criteria and procedures to specified projects in Missouri, Texas, West Virginia, and Pennsylvania.

(Sec. 2020) Amends the WRDA of 1996 to authorize projects that improve elements and features of an estuary and projects for the removal of dams that otherwise meet Act requirements.

(Sec. 2021) Increases the amount the Secretary may allot under: (1) the Flood Control Act of 1948 for small flood control projects; (2) the River and Harbor Act of 1960 for small river and harbor improvement projects; and (3) the Flood Control Act of 1946 for the construction, repair, restoration, and modification of emergency streambank and shoreline protection works to prevent damage to highways, bridge approaches, and public works, churches, hospitals, schools, and other nonprofit public services.

Increases authorized appropriations under the WRDA of: (1) 1986 for project modifications to improve the environment; and (2) 1999 for remediation of abandoned mine sites.

(Sec. 2026) Authorizes the Secretary to grant leases of lands, including structures or facilities, at water resource development projects to federally recognized Indian tribes.

(Sec. 2027) Directs the Chief to submit to specified committees an annual report on expenditures: (1) for the preceding and current fiscal years; and (2) by the Corps necessary in the following fiscal year, for each project or activity not scheduled for completion in the current fiscal year, to maintain the same level of effort.

(Sec. 2028) Authorizes the Secretary to provide assistance to specified universities or colleges in Tennessee, Illinois, and Texas for water resources-related studies.

(Sec. 2029) Expresses the sense of Congress that the Corps' operations and maintenance budget should reflect the use of all available economic data, rather than a single performance metric.

(Sec. 2030) Modifies provisions of the 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. Authorizes funding. Authorizes the Secretary to accept and expend additional funds from foreign governments.

(Sec. 2031) Declares that it is U.S. policy that all water resources projects reflect national priorities, encourage economic development, and protect the environment by: (1) seeking to maximize sustainable economic development; (2) seeking to avoid the unwise use of floodplains and flood-prone areas and maximizing adverse impacts and vulnerabilities where such areas must be used; and (3) protecting and restoring the functions of, and mitigating unavoidable damage to, natural systems.

(Sec. 2032) Directs the President to report to Congress describing U.S. vulnerability to damage from flooding, including: (1) an assessment of the extent to which programs relating to flooding address flood risk reduction priorities; (2) the extent to which those programs may be encouraging development and economic activity in flood-prone areas; and (3) recommendations for improving those programs.

(Sec. 2033) Amends the WRDA of 1996 to direct the Secretary, for all feasibility reports completed after December 31, 2007, to assess whether: (1) the project and each separable element is cost-effective; and (2) the water resource project complies with laws and public policies.

Directs the Chief to: (1) adopt a risk analysis approach to project cost estimates for water resources projects; (2) 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; (3) establish benchmarks for determining the time it should take to conduct a project feasibility study and its associated review process under the National Environmental Policy Act of 1969; (4) use such benchmarks to make the feasibility study process more efficient; and (5) establish benchmark goals for completing project feasibility studies within two years (or within four years for complex projects).

Requires a feasibility study for a flood damage reduction project to include, as part of the cost/benefit calculation, calculations: (1) of the residual risk of flooding, of loss of human life, and to human safety following completion of the proposed project; (2) of any upstream or downstream impacts; and (3) to ensure that the benefits and costs associated with structural and nonstructural alternatives are evaluated in an equitable manner.

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 specified committees and reviewed by the Secretary, who shall provide any recommendations to Congress.

(Sec. 2034) Requires project studies to be subject to a peer review by an independent panel of experts if: (1) the project has an estimated total cost of more than $45 million, including mitigation costs; (2) the governor of an affected state requests a peer review by an independent panel of experts; or (3) the Chief determines that the project study is controversial (in cases where there is a significant public dispute as to the nature or effects of the project or the economic or environmental costs or benefits). Limits costs of panels.

(Sec. 2035) Directs the Chief to ensure that the design and construction activities for hurricane and storm and flood damage reduction projects are reviewed by independent experts if necessary to assure public health, safety, and welfare on any project that meets specified criteria.

(Sec. 2036) Amends the WRDA of 1986 to require the Secretary, in order 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 with the standards and policies established pursuant to the regulatory programs administered by the Secretary. Lists specific mitigation plan requirements, criteria for success, and monitoring and reporting requirements. Requires the Secretary, in carrying out a project that involves wetlands mitigation that has impacts that occur within the service area of a mitigation bank, to first consider the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved under applicable federal law.

(Sec. 2037) Replaces provisions under the WRDA of 1992 regarding beneficial uses of dredged material with provisions requiring the Secretary to develop, at federal expense, regional sediment management plans. Directs the Secretary to give priority to regional sediment management projects in areas of specified states.

(Sec. 2038) 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 such a project. Requires authorized projects to be complete and to not commit the United States to any additional improvement. Directs the Secretary to conduct a national shoreline erosion control development and demonstration program.

(Sec. 2039) Requires the Secretary to: (1) ensure that a recommended ecosystem restoration project includes a plan for monitoring the success of the restoration; and (2) consider the cost of carrying out the monitoring as a project cost for a period of 10 years from completion of project construction.

(Sec. 2040) Directs the Secretary to implement a program to allow electronic submission of applications for permits under the Secretary's jurisdiction.

(Sec. 2041) 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. 2042) Repeals provisions of the Energy and Water Development Appropriations Act, 2006 (EWDAA) regarding program administration, including removal of restrictions on the use of funds and continuing contracts by the Corps.

(Sec. 2043) Amends the WRDA of 1986 to make cost-sharing requirements applicable to a feasibility study also applicable to a study that results in a detailed project report, with exceptions.

(Sec. 2044) Directs the Secretary to: (1) initiate procedures to establish a schedule for consolidating federal, state, and local agency and Indian tribe environmental assessments, project reviews, and issuance of permits for the construction or modification of a project upon written request of the nonfederal interest; and (2) seek to consolidate hearing and comment periods, procedures for data collection and report preparation, and the environmental review and permitting processes associated with the project. Requires costs incurred by the Secretary to establish and carry out a schedule to be paid by the nonfederal interest. Directs the Secretary to report to Congress on estimated time required for the issuance of all permits for the construction of nonfederal projects.

(Sec. 2045) Declares that the benefits of water resources projects are important to the nation's economy and environment and recommendations to Congress regarding such projects should not be delayed due to uncoordinated or inefficient reviews or the failure to timely resolve disputes during the development of such projects.

Directs the Secretary to: (1) develop and implement a coordinated review process for project development; and (2) identify all federal, state, and local government agencies and Indian tribes that may have jurisdiction over the project or may be required to take other specified actions. Allows the process to be incorporated into a memorandum of understanding. Sets forth provisions regarding the effect of failure to meet deadlines and reporting requirements.

(Sec. 2046) Amends the WRDA of 1986 to require the Secretary to 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 five 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.

(Sec. 2047) Amends the WRDA of 1996 to rewrite provisions regarding the Hopper Dredge McFarland to require the Secretary, between October 1 and December 31, 2009, to place it in a ready reserve status and use it solely for urgent and emergency purposes. Directs the Secretary to periodically perform routine underway dredging tests of the equipment, limit any scheduled hopper dredging work, perform any repairs necessary to maintain the vessel in a ready reserve fully operational conditions, and place the vessel in active status for dredging under specified conditions.

Title III: Project-Related Provisions - (Sec. 3001) Modifies various projects and directs or authorizes actions in Alabama, Alaska, Arizona, Arkansas, California, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Texas, Vermont, Virginia, Washington, West Virginia, and Wisconsin.

(Sec. 3175) Amends the WRDA of 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.

(Sec. 3176) 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. 3177) Authorizes the Secretary to undertake research on water quality issues affecting the Mississippi River and the development of remediation strategies.

(Sec. 3178) Directs the Secretary to establish a pilot program to evaluate new technologies applicable to the Upper Ohio River and Tributaries Navigation System.

(Sec. 3179) Continues project authorizations in California, Guam, Maryland and Virginia, Massachusetts, and Michigan.

(Sec. 3180) Authorizes specified projects, but prohibits construction until they are determined to be feasible, in Michigan, Minnesota, and Wisconsin.

(Sec. 3181) Terminates projects in Connecticut, Maine, Massachusetts, Washington, Wisconsin, Pennsylvania, California, Delaware and Maryland, Florida, Indiana, Iowa, Kentucky, Louisiana, New Jersey, New York, Oregon, Rhode Island, Texas, and West Virginia.

(Sec. 3182) Provides for conveyances of land to Arkansas, California, Kansas, Missouri, Oregon, South Carolina, and Texas.

(Sec. 3183) Extinguishes reversionary interests and use restrictions in Idaho, Oklahoma, Oregon, Tennessee, and Washington.

Title IV: Studies - (Sec. 4001) Amends the WRDA of 1999 to authorize payment of up to 100% of the non-federal share for the John Glenn Great Lakes basin program in the form of in-kind services and materials.

(Sec. 4002) Directs the Secretary to conduct: (1) a study to determine the nature and frequency of avian botulism in the vicinity of Lake Erie associated with dredged material disposal sites; and (2) a study of drought conditions in the southwestern United States.

(Sec. 4004) Directs the Secretary to review the Chief's report on the Delaware River, as it relates to the Mid-Delaware River Basin from Wilmington to Port Jervis, and any other pertinent reports, to determine whether any modifications of recommendations contained in the first report are still advisable.

(Sec. 4005) Directs the Secretary to conduct a study to develop national protocols regarding biological control of Eurasian milfoil in northeastern states.

(Sec. 4006) Directs the Secretary to conduct various navigation, hydropower, recreation, flood damage reduction, feasibilitiy, water supply, selenium, rehabilitation, flood control, bulkhead system integrity, environmental restoration, ecosystem restoration and protection, storm damage reduction, shoreline protection, water-related infrastructure, water supply, recreation, dredged material disposal, and seawall rehabilitation studies in Alaska, Arizona, Arkansas, California, Colorado, Delaware, Florida, Georgia, Idaho, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Michigan, Minnesota and Wisconsin, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Washington, West Virginia, and Wisconsin.

(Sec. 4101) Directs the Comptroller General, in coordination with the Secretary and the Administrator of the Environmental Protection Agency (EPA), to conduct a complete evaluation 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 specified committees. Prohibits the use of federal funds to pay for or reimburse any state or local entity in Louisiana for the disposal of construction and demolition debris generated as a result of Hurricane Katrina in a landfill designated for such debris unless that waste meets the definition of construction and demolition debris, as specified under federal law.

Title V: Miscellaneous - (Sec. 5001) Makes the Secretary responsible for maintenance of navigation channels and breakwaters constructed or improved by the non-federal interest, at the request of such interest, upon determining that such maintenance is economically justified and environmentally acceptable and that the channel or breakwater was constructed in accordance with applicable permits and engineering and design standards, with respect to specified bodies of water in Florida, Louisiana, Tennessee, Texas, and Wisconsin.

(Sec. 5002) Authorizes the Secretary to provide: (1) technical, planning, and design assistance to non-federal interests for carrying out watershed management, restoration, and development projects at specified locations in Florida, Georgia, Illinois, Louisiana, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, and Washington; and (2) assistance to enhance dam safety at specified locations in Idaho, Illinois, Indiana, Michigan, New York, Ohio, and Pennsylvania.

(Sec. 5004) Directs the Secretary, upon request of a non-federal interest, to evaluate the structural integrity and effectiveness of a flood damage reduction project in Arkansas under specified circumstances.

(Sec. 5005) Amends the WRDA of: (1) 1999 to add to the list of flood mitigation priority areas specified parishes in Louisiana; and (2) 1992 to provide additional assistance for authorized projects. Allows federal assistance made available under the the Department of Agriculture's rural enterprise zone program to be used toward payment of the nonfederal share of costs of the East Arkansas Enterprise Community project, Arkansas.

(Sec. 5007) Provides for the expedited completion of: (1) reports and construction for projects in Alaska, California, Florida, Louisiana, Massachusetts, and New York; and (2) reports for projects in Arkansas, Colorado, Florida, Texas, and Louisiana.

(Sec. 5009) Directs the Secretary to conduct an assessment of the water resources needs of the river basins and watersheds of the southeastern United States.

(Sec. 5010) Amends the WRDA of: (1) 1999, 1990, and 1996 to extend the authorization period or the Secretary's authority to provide assistance for the Missouri and Middle Mississippi River Enhancement Project, the Great Lakes Remedial Action Plans and sediment remediation projects and the Great Lakes tributary sediment transport model; and (2) 2000 to increase to 100% the permissible nonfederal share amount provided in the form of in-kind contributions for the Great Lakes Fishery and Ecosystem Restoration Program.

Permits with respect to the Missouri and Middle Mississippi River Enhancement Project: (1) a nonfederal interest to include a nonprofit entity with the consent of the affected local government; (2) the nonfederal share of costs to be provided in various forms; and (3) land credited toward the nonfederal share to remain in private ownership under specified circumstances. Requires the Secretary, with respect to the Great Lakes Fishery and Ecosystem Restoration Program, to carry out a reconnaissance study to: (1) identify methods of restoring the fishery, ecosystem, and beneficial uses of the Great Lakes; and (2) determine whether project planning should proceed.

(Sec. 5014) Directs the Secretary to: (1) expedite the operation and maintenance, including dredging, of the navigation features of the Great Lakes and Connecting Channels to support commercial navigation to authorized project depths; and (2) carry out a pilot project, on an emergency basis, to control and prevent further spreading of viral hemorrhagic septicemia in the Great Lakes and their connecting channels.

(Sec. 5015) Authorizes the Secretary to carry out projects for operations, maintenance, repair, and rehabilitation, including associated maintenance dredging, of the Eisenhower and Snell lock facilities and related navigational infrastructure for the Saint Lawrence Seaway.

(Sec. 5016) Directs the Secretary to study, design, and carry out a project to delay, deter, impede, or restrict the dispersal of aquatic nuisance species into the northern reaches of the Upper Mississippi River system.

(Sec. 5017) 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 2012.

(Sec. 5018) Directs the Secretary to: (1) 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; and (2) establish the Missouri River Recovery Implementation Committee.

(Sec. 5019) Directs the Secretary to: (1) allocate funds to the Susquehanna River Basin Commission, the Delaware River Basin Commission, and the Interstate Commission on the Potomac River Basin to fulfill equitable funding requirements of their interstate compacts; and (2) enter into agreements with the Delaware River, Susquehanna River, and Potomac River Basin Commissions to provide temporary water supply and conservation storage during drought emergencies.

(Sec. 5020) Modifies the Chesapeake Bay Environmental Restoration and Protection Program to authorize assistance for restoration of submerged aquatic vegetation.

(Sec. 5021) Amends the WRDA of 1986 to include within the Secretary's study of the feasibility of utilizing the capabilities of the Corps of Engineers to conserve fish and wildlife a study of the restoration and rehabilitation of habitat for fish, including native oysters, in the Chesapeake Bay and its tributaries in Virginia and Maryland.

(Sec. 5022) Authorizes the Secretary to participate: (1) with specified parties to assess hypoxia in the Gulf of Mexico; and (2) in the Potomac River Watershed Assessment and Tributary Strategy Evaluation and Monitoring Program to identify resource management indicators to accurately monitor the effectiveness of the implementation of the agreed upon tributary strategies.

(Sec. 5024) Directs the Secretary to develop standards for the security of locks and dams.

(Sec. 5025) Amends the WRDA of 1996 to increase the authorization of appropriations for the research and development program to improve salmon survival in the Columbia and Snake Rivers.

(Sec. 5026) Permits Corps of Engineers employees to participate in wage surveys.

(Sec. 5027) Directs the Secretary to rehabilitate and improve the water-related and transportation infrastructure for the historic property in the Anacostia River Watershed located in the District of Columbia.

(Sec. 5028) Directs or authorizes the Secretary to take specified actions regarding various projects in Alabama, Alaska, Arkansas, and California.

(Sec. 5056) 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. 5057) Designates the Charles Hervey Townshend Breakwater in Connecticut.

(Sec. 5058) Authorizes the Secretary to participate in the ecosystem restoration, navigation, flood damage reduction, and recreation components of the Mill River and Long Island Sound revitalization project, Stamford, Connecticut.

(Sec. 5059) 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. 5060) 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 interested entities, 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. 5061) Authorizes the Secretary to establish a program to provide environmental assistance to nonfederal interests in the East Central and Northeast Florida Region, provided that any assisted project is publicly owned. Sets forth cost-sharing and other requirements.

(Sec. 5062) Amends the Miscellaneous Appropriations Act, 2001 to direct the Secretary to credit toward the nonfederal share of the project cost for Florida Keys water quality improvements the cost of: (1) construction work carried out by the nonfederal interest before the date of the partnership agreement; and (2) land acquisition carried out by the nonfederal interest.

(Sec. 5063) Authorizes the Secretary to carry out necessary repairs for the Lake Worth bulkhead replacement project, West Palm Beach, Florida.

(Sec. 5064) Authorizes the Secretary to provide technical, planning, and construction assistance to the city of Roswell, Georgia, as the nonfederal interest and coordinator with other local governments in the Big Creek watershed, Georgia, 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.

(Sec. 5065) Directs the Secretary to establish a program to provide environmental assistance to nonfederal interests in the Metropolitan North Georgia Water Planning District, provided that any assisted project is publicly owned. Sets forth cost-sharing and other requirements.

(Sec. 5066) Authorizes the Secretary, after completion of a Savannah Riverfront plan (Georgia), to participate in the ecosystem restoration, recreation, navigation, and flood damage reduction components of the plan.

(Sec. 5067) Amends the WRDA of 1999 to include Wyoming in a program providing environmental assistance to nonfederal interests in rural Nevada and Montana.

(Sec. 5068) Authorizes the Secretary to carry out the Riley Creek Recreation Area (Idaho) Operation Plan.

(Sec. 5069) Directs the Secretary to provide assistance for a project to develop maps identifying 100- and 500-year flood inundation areas along the Little Calumet River, Chicago, Illinois. Sets forth cost-sharing and other requirements.

(Sec. 5070) Authorizes the Secretary to participate in the reconstruction of a specified eligible flood control project in Illinois or Missouri if the Secretary determines that such reconstruction is not required as a result of improper operation and maintenance of the project by the nonfederal interest.

(Sec. 5071) Amends the WRDA of 2000 to extend the authorization for Illinois River basin restoration. Increases the maximum federal share. Requires the Secretary to develop an Illinois River basin monitoring program.

(Sec. 5072) Directs the Secretary to conduct a third-party review of the Promontory Point feature of the project for storm damage reduction and shoreline erosion protection, Lake Michigan, Illinois, at a specified cost.

(Sec. 5073) Requires the Secretary to develop a comprehensive plan for the restoration, preservation, and protection of the Kaskaskia River Basin, Illinois.

(Sec. 5074) Authorizes the Secretary to establish a program to provide environmental assistance to nonfederal interests in Southwest Illinois. Sets forth cost-sharing and other requirements.

(Sec. 5075) Amends the WRDA of 1992 to increase the authorization for the Calumet region, Indiana.

(Sec. 5076) Directs the Secretary to provide assistance for a project to develop maps identifying 100- and 500-year flood inundation areas in Iowa, along the Missouri River.

(Sec. 5077) Directs the Secretary to complete a feasibility report for rehabilitation of a flood damage reduction project, Paducah, Kentucky.

(Sec. 5078) Amends the WRDA of 1996 and 1992 regarding limitations on Corps of Engineers expenses for Southern and Eastern Kentucky and regarding wastewater infrastructure in Winchester, Kentucky. Increases funding for water-related infrastructure in Baton Rouge, Louisiana.

(Sec. 5081) Directs the Secretary to expedite completion of a dredged material management plan for the Calcasieu Ship Channel, Louisiana.

(Sec. 5082) Authorizes the Secretary to establish a program to provide environmental assistance to nonfederal interests in the East Atchafalaya Basin and Amite River Basin Region.

(Sec. 5083) 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. 5084) Requires the Lake Pontchartrain, Louisiana, basin stakeholders conference convened by the EPA, the National Oceanic and Atmospheric Administration (NOAA), and the U.S. Geological Survey (USGS) on February 25, 2002, to be treated as being a management conference convened under the Federal Water Pollution Control Act.

(Sec. 5085) Authorizes the Secretary to establish a program to provide environmental assistance to nonfederal interests in the Southeast Louisiana Region. Sets forth cost-sharing and other requirements.

(Sec. 5086) Modifies the project study for waterfront and riverine preservation, restoration, and enhancement, Mississippi River, West Baton Rouge Parish, Louisiana, to add West Feliciana Parish and East Baton Rouge Parish to the study.

(Sec. 5087) Authorizes the Secretary to carry out a project for nonstructural flood damage reduction and ecosystem restoration at Charlestown, Maryland.

(Sec. 5088) Directs the Secretary to carry out a project for shoreline protection, St. Mary's River, Maryland.

(Sec. 5089) Authorizes the Secretary to cooperate with Massachusetts in the management and long-term monitoring of aquatic dredged material disposal sites within the state and to accept funds from the state to carry out such activities.

(Sec. 5090) Directs the Secretary to conduct a study: (1) of shore damage in the vicinity of the navigation project at Ontonagon Harbor, Michigan; and (2) for a project for emergency streambank protection along the Red Lake River in Crookston, Minnesota.

(Sec. 5093) Directs the Secretary to take specified actions regarding various projects in Minnesota, Mississippi, Missouri, Illinois, Montana, Nebraska, New York, North Carolina, and Ohio.

(Sec. 5113) Directs the Secretary to establish a program to provide environmental assistance to nonfederal interests in North Carolina.

(Sec. 5118) Requires the costs of operation and maintenance for the Toussaint River Federal navigation project, Carroll Township, Ohio, that relate directly to the presence of unexploded ordnance to be carried out at federal expense.

(Sec. 5119) Directs the Secretary to provide technical assistance for the development of updates of the Oklahoma comprehensive water plan.

(Sec. 5126) Increases funding for the Upper Susquehanna River Basin, Pennsylvania and New York.

(Sec. 5129) Makes changes to the Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Terrestrial Wildlife Habitat Restoration Trust Fund, Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe Trust Funds, and the State of South Dakota Terrestrial Wildlife Habitat Restoration Trust Fund, authorized in the WRDA of 1999.

(Sec. 5130) Authorizes the Secretary to establish a program to provide environmental assistance to nonfederal interests in East Tennessee.

(Sec. 5131) Directs the Secretary to: (1) conduct a study of the Fritz Landing Agricultural Spur Levee, Tennessee; and (2) plan, design, and construct a trail system at the J. Percy Priest Dam and Reservoir, Tennessee.

(Sec. 5133) Authorizes the Secretary to participate in the ecosystem restoration, recreation, navigation, and flood damage reduction components of the Nashville Riverfront Concept Plan, dated February 2007.

(Sec. 5134) Modifies the project for flood control at Nonconnah Creek, Tennessee and Mississippi.

(Sec. 5135) Authorizes the Secretary to: (1) enter into a partnership with a nonprofit entity to remove debris from the Tennessee River near Knoxville, Tennessee; and (2) participate with nonfederal and nonprofit entities to address issues concerning managing groundwater as a sustainable resource through the Upper Mississippi Embayment, Tennessee, Arkansas, and Mississippi.

(Sec. 5136) Directs the Secretary to design and construct a flood damage reduction project in Town Creek, Lenoir City, Tennessee.

(Sec. 5138) Directs the Secretary to: (1) establish a program to provide environmental assistance to nonfederal interests in Texas; and (2) develop a comprehensive plan for development of new technologies and innovative approaches for restoring, preserving, and protecting the Bosque River watershed, Texas.

(Sec. 5140) Authorizes the Secretary to establish a program to provide environmental assistance to nonfederal interests in the Dallas County region, Texas.

(Sec. 5141) Modifies: (1) the flood control project, Trinity River and tributaries, Texas; and (2) the flood damage reduction, environmental restoration, and recreation project, Johnson Creek, Arlington, Texas.

(Sec. 5144) Directs the Secretary to: (1) include the costs and benefits associated with the relocation of flood-prone residences in the study area for the Onion Creek, Texas, project; (2) take specified actions related to the Connecticut River Dams, Vermont; (3) determine the feasibility of a dispersal barrier project at the Lake Champlain Canal, Vermont and New York, to prevent the spread of aquatic nuisance species; (4) accept funds from the National Park Service to restore Dyke Marsh, Fairfax County, Virginia, and to provide technical and project management assistance for the James River, Virginia; and (5) conduct a study of increased siltation in Baker Bay and Ilwaco Harbor, Washington.

(Sec. 5151) Authorizes the Secretary to plan, design, and construct a campground for Bonneville Lock and Dam at Hamilton Island, Washington.

(Sec. 5152) Modifies the Lower Columbia River levees and bank protection works with regard to the Wahkiakum County diking districts No. 1 and 3, Washington, to protect resources from further erosion.

(Sec. 5153) Amends the WRDA of 1992, 1996, and 2000, regarding various projects in Washington, West Virginia and Pennsylvania, Central and Southern West Virginia, and regarding construction of flood control projects by nonfederal interests in California, Illinois, Louisiana, Texas, and Wisconsin.

(Sec. 5158) Amends the WRDA of 1992 regarding additional assistance for critical projects in South Carolina, California, Indiana, Alabama, Arkansas, Colorado, Connecticut, the District of Columbia, Maryland, Florida, Georgia, Kansas, Kentucky, Louisiana, Virginia, Michigan, Minnesota, Mississippi, Nevada, New Jersey, New York, North Carolina, North Dakota, the Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, South Dakota, Tennessee, Texas, Utah, West Virginia, and the Virgin Islands.

Title VI: Florida Everglades -(Sec. 6001) Modifies the project for Hillsboro and Okeechobee Aquifer, Florida, to authorize the Secretary to carry out the project at a specified total cost.

(Sec. 6002) Increases the authorization for the Everglades pilot projects authorized under the WRDA of 2000.

(Sec. 6003) Modifies provisions regarding maximum costs of projects and program authority.

(Sec. 6004) Authorizes credit for work on Everglades restoration projects carried out before the date of a partnership agreement between the Secretary and the non-federal sponsor and authorizes the Secretary to enter into an agreement with the non-federal sponsor to specify conditions relating to design and construction of such work.

(Sec. 6005) Authorizes the Secretary to expend up to $3 million per fiscal year on outreach and assistance.

(Sec. 6006) Increases the authorization for critical Everglades restoration projects authorized under the WRDA of 1996.

(Sec. 6007) Directs the Secretary to complete the development and testing of the regional engineering model for environmental restoration as expeditiously as practicable.

Title VII: Louisiana Coastal Area - (Sec. 7002) Directs the Secretary to: (1) develop a comprehensive plan, in coordination with the governor of Louisiana, for protecting, preserving, and restoring the coastal Louisiana ecosystem; (2) integrate the plan into the analysis and design of the comprehensive hurricane protection study authorized by the Energy and Water Development Appropriations Act, 2006; and (3) ensure that the plan is consistent with the goals, analysis, and design of the comprehensive coastal protection master plan authorized and defined pursuant to Act 8 of the First Extraordinary Session of the Louisiana State Legislature, 2005.

Requires the comprehensive plan to include: (1) the framework of a long-term program integrated with hurricane and storm damage and flood damage reduction and navigation activities that provide for the comprehensive protection, conservation, and restoration of the wetlands, estuaries, barrier islands, shorelines, and related land and features of the coastal Louisiana ecosystem; (2) the means by which a new technology, or an improved technique, can be integrated into the program; (3) the role of other federal and state agencies and programs in carrying out the program; (4) specific, measurable ecological success criteria by which success of the plan will be measured; (5) proposed projects in order of priority as determined by their potential to contribute to the creation of coastal wetlands and to flood protection of communities ranked by population density and level of protection; and (6) efforts by federal, state, and local interests to address sociological, economic, and related fields of law.

(Sec. 7003) Authorizes the Secretary to carry out a program for ecosystem restoration, Louisiana Coastal Area, substantially in accordance with the report of the Chief of Engineers, dated January 31, 2005. Directs the Secretary to give priority to specified projects.

(Sec. 7004) 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 protection, conservation, and restoration 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 to be developed. Directs the Task Force to submit to Congress a biennial report on its activities. Authorizes the Task Force to establish working groups, including to advise the Task Force of opportunities with respect to areas in Louisiana for which a major disaster has been declared by the President as a result of Hurricane Katrina or Rita.

(Sec. 7005) Directs the Secretary to: (1) review existing federally authorized water resources projects in the coastal Louisiana ecosystem; and (2) carry out a coastal Louisiana ecosystem program.

Authorizes the Secretary to carry out specified projects to resolve critical areas of scientific or technological uncertainty related to the implementation of the comprehensive plan developed for planning, design, and construction of all demonstration projects. Lists initial projects authorized.

Directs the Secretary to: (1) carry out such modifications as necessary to the ecosystem restoration features identified in the plan to address the impacts of Hurricanes Katrina and Rita on the project; and (2) implement in the ecosystem a program for the beneficial use of material dredged from federally maintained waterway.

Authorizes the Secretary to carry out specified additional projects if feasible.

(Sec. 7007) Directs the Secretary to credit toward the non-federal share of study costs or projects authorized the cost of work carried out in the ecosystem by the non-federal interest before the date of the partnership agreement for the study or project that is integral to the study or project. Provides for periodic monitoring and audits.

(Sec. 7008) Authorizes the Secretary to determine that: (1) a project or activity is justified by the environmental benefits derived by the coastal Louisiana ecosystem; and (2) no further economic justification is needed for a cost effective project or activity.

(Sec. 7009) Directs the Secretary to: (1) establish the Louisiana Water Resources Council, which shall serve as the exclusive peer review panel for projects under this title; (2) expedite completion of the reports for specified projects and, upon determining that a project is justified, proceed directly to project preconstruction engineering and design; and (3) report to specified committees on projects authorized and undertaken, the construction status of the projects, the cost to date and expected final cost of each, and the benefits and environmental impacts.

(Sec. 7012) Authorizes the Secretary to take specified actions with respect to New Orleans and vicinity, including raising levee heights where necessary and reducing the risk of storm damage to the greater New Orleans metropolitan area by restoring the surrounding wetlands.

(Sec. 7013) Terminates a portion of the navigation project, Mississippi River Gulf Outlet.

(Sec. 7014) Directs the Secretary, regarding projects identified and analysis and design of comprehensive hurricane protection, to submit specific project recommendations in any report developed under the EWDAA.

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. 7015) 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.

(Sec. 7016) Authorizes the Secretary to carry out a project for flood damage reduction in Lower Jefferson Parish, Louisiana.

Title VIII: Upper Mississippi River and Illinois Water-Way System - (Sec. 8002) Directs the Secretary to undertake navigation improvements and restoration of the ecosystem for the Upper Mississippi River and Illinois Water System (River and System) substantially in accordance with the project for navigation and ecosystem improvements for the River and System's Report of the Chief of Engineers, dated December 15, 2004 (the Plan).

(Sec. 8003) Directs the Secretary to: (1) construct mooring facilities at Locks 12, 14, 18, 20, 24, and LaGrange Lock; (2) provide switchboats at Locks 20 through 25; and (3) conduct development and testing of an appointment scheduling system. Directs the Secretary to construct new 1,200-foot locks at Locks 20, 21, 22, 24, and 25 on the Upper Mississippi River and at LaGrange Lock and Peoria Lock on the Illinois Waterway.

(Sec. 8004) Directs the Secretary to: (1) modify, consistent with requirements to avoid adverse effects on navigation, the operation of the River and system to address cumulative environmental impacts and improve the ecological integrity of the Upper Mississippi and Illinois Rivers; and (2) carry out, consistent with such requirements, ecosystem restoration projects to attain and maintain the sustainability of the ecosystem of the Rivers in accordance with the general framework outlined in the Plan. Lists authorized ecosystem restoration projects.

Sets the federal cost share of carrying out an ecosystem restoration project at 65%. Increases the federal share to 100% if the project is located below the ordinary high water mark or in a connected backwater, modifies the operation of structures for navigation, or is located on federally owned land. Directs the Secretary to carry out a long term resource monitoring, computerized data inventory and analysis, and applied research program for the Upper Mississippi River and Illinois River to determine trends in ecosystem health, to understand systemic changes, and to help identify restoration needs.

Directs the Secretary, before initiating the construction of any individual ecosystem restoration project, to: (1) establish restoration goals and identify specific performance measures; (2) establish the without-project condition or baseline for each performance indicator; and (3) identify, for each separable element of the restoration, specific target goals for each performance indicator.

Directs the Secretary to consult with the Secretary of the Interior and the states of Illinois, Iowa, Minnesota, Missouri, and Wisconsin in carrying out the environmental sustainability, ecosystem restoration, and monitoring activities authorized in this section. Authorizes the Secretary to enter into agreements with the Secretary of the Interior, the Upper Mississippi River Basin Association, and natural resource and conservation agencies of Illinois, Iowa, Minnesota, Missouri, and Wisconsin to provide for the direct participation of, and transfer of funds to, such entities for the planning, implementation, and evaluation of projects and programs established by this section.

Authorizes appropriations. Limits the total cost of any single project. Authorizes funds for monitoring. Directs the Secretary, by June 30, 2009, and every four years thereafter, to submit to specified congressional committees an implementation report that includes baselines, milestones, goals, and priorities for ecosystem restoration projects, and that measures the progress in meeting the goals. Directs the Secretary to appoint and convene an advisory panel to provide independent guidance in the development of each implementation report.

(Sec. 8005) Directs the Secretary, in the course of conducting pre-engineering, design, and construction for projects authorized under this title, to: (1) select appropriate milestones; (2) determine whether the projects are being carried out at comparable rates; and (3) make annual reports to Congress regarding whether the projects are being carried out at a comparable rate. Requires adjustment of annual funding requests for projects, if the Secretary or Congress determines that authorized projects are not moving toward completion at a comparable rate, to ensure that the projects move toward completion at a comparable rate in the future.

Title IX: National Levee Safety Program - National Levee Safety Act of 2007 - (Sec. 9003) Establishes a Committee on Levee Safety which shall develop recommendations for a national levee safety program and report to specified congressional committees. Requires the Committee to ensure that the program meets specified goals, including: (1) ensuring the protection of human life and property by levees through the development of technologically, economically, socially, and environmentally feasible programs and procedures for hazard reduction and mitigation relating to levees; (2) encouraging use of the best available engineering policies and procedures for levee site investigation, design, construction, operation, and maintenance, and emergency preparedness; (3) encouraging the establishment and implementation of an effective national levee safety program that may be delegated to qualified states for implementation; and (4) building public awareness of the residual risks associated with living in levee protected areas.

(Sec. 9004) Directs the Secretary to: (1) establish and maintain a database with an inventory of the nation's levees; (2) establish an inventory and conduct an inspection of all federally owned and operated levees; and (3) establish an inventory and conduct an inspection of all federally constructed, non-federally operated and maintained levees at the original cost share for the project.

(Sec. 9006) Authorizes appropriations for FY2008-FY2013.

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...FAUSTO BECOMES A HURRICANE...

AT 800 AM PDT...1500Z...THE CENTER OF HURRICANE FAUSTO WAS LOCATED
NEAR LATITUDE 13.6 NORTH...LONGITUDE 108.0 WEST OR ABOUT 445 MILES
...720 KM...SOUTHWEST OF MANZANILLO MEXICO.

FAUSTO IS MOVING TOWARD THE WEST-NORTHWEST NEAR 13 MPH...20 KM/HR.
A CONTINUED WEST-NORTHWESTWARD MOTION WITH A SLIGHT DECREASE IN
FORWARD SPEED IS FORECAST DURING THE NEXT COUPLE OF DAYS.

MAXIMUM SUSTAINED WINDS HAVE INCREASED AND ARE NOW NEAR 75 MPH...120
KM/HR...WITH HIGHER GUSTS. ADDITIONAL STRENGTHENING IS FORECAST
DURING THE NEXT COUPLE OF DAYS.

HURRICANE FORCE WINDS EXTEND OUTWARD UP TO 30 MILES...45 KM...FROM
THE CENTER...AND TROPICAL STORM FORCE WINDS EXTEND OUTWARD UP TO 115
MILES...185 KM.

ESTIMATED MINIMUM CENTRAL PRESSURE IS 987 MB...29.15 INCHES.

REPEATING THE 800 AM PDT POSITION...13.6 N...108.0 W. MOVEMENT
TOWARD...WEST-NORTHWEST NEAR 13 MPH. MAXIMUM SUSTAINED WINDS...75
MPH. MINIMUM CENTRAL PRESSURE...987 MB.

THE NEXT ADVISORY WILL BE ISSUED BY THE NATIONAL HURRICANE CENTER AT
200 PM PDT.

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AT 800 AM PDT...1500Z...THE CENTER OF HURRICANE ELIDA WAS LOCATED
NEAR LATITUDE 17.1 NORTH...LONGITUDE 122.2 WEST OR ABOUT 895 MILES
...1435 KM...WEST-SOUTHWEST OF THE SOUTHERN TIP OF BAJA CALIFORNIA.

ELIDA IS MOVING TOWARD THE WEST NEAR 16 MPH...26 KM/HR...AND THIS
GENERAL MOTION IS EXPECTED TO CONTINUE FOR THE NEXT COUPLE OF DAYS.

MAXIMUM SUSTAINED WINDS ARE NEAR 100 MPH...160 KM/HR...WITH HIGHER
GUSTS. GRADUAL WEAKENING IS FORECAST DURING THE NEXT COUPLE OF
DAYS...AND ELIDA COULD BECOME A TROPICAL STORM BY TOMORROW.

HURRICANE FORCE WINDS EXTEND OUTWARD UP TO 15 MILES...30 KM...FROM
THE CENTER...AND TROPICAL STORM FORCE WINDS EXTEND OUTWARD UP TO 85
MILES...140 KM.

ESTIMATED MINIMUM CENTRAL PRESSURE IS 974 MB...28.76 INCHES.

REPEATING THE 800 AM PDT POSITION...17.1 N...122.2 W. MOVEMENT
TOWARD...WEST NEAR 16 MPH. MAXIMUM SUSTAINED WINDS...100 MPH.
MINIMUM CENTRAL PRESSURE...974 MB.

THE NEXT ADVISORY WILL BE ISSUED BY THE NATIONAL HURRICANE CENTER AT
200 PM PDT.

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July 16, 2008 Southeastern Small Vessel Security Strategy

In conjunction with the Department of Homeland Security, RADM David W. Kunkel,
Commander of the U.S. Coast Guard Seventh District co-hosted the Southeastern Small
Vessel Security Summit at the Florida Hotel and Conference Center in Orland Florida on
April 19, 2008. The invitational meeting was attended by approximately 80 small vessel
stakeholders. The second of a planned series of regional summits based on recommendations of small vessel stakeholders at the U.S. Department of Homeland Security (DHS) National Small Security Summit in June 2007, the meeting continued stakeholder discussion of ways to better secure the nation’s ports, waterways and coastal areas.

In particular, the summit sought to accomplish the following objectives:

• Educate small vessel stakeholders about security risks
in the U.S. maritime domain.
• Provide a regional forum for small vessel stakeholders to discuss and present their
ideas about the development of security measures to mitigate gaps in small vessel
management and control in the maritime domain.
• Communicate with regional small vessel stakeholders on the actions being taken
within the region to coordinate a layered security system at the federal, state,
tribal and local government levels, as well as within the regional maritime
industry and public.

RDML James A. Watson, USCG Director of Prevention Policy for Marine Safety,
Security and Stewardship (CG-54) delivered the keynote address.

LT John Taylor, Assistant Program Manager for America’s Waterway Watch, (CG-5532)
presented a short video and described the program and changes made to the program
based on recommendations made by participants at prior summit meetings.

A panel of small vessel stakeholders was chaired by COL. Alvin Taylor, State Boating
Law Administrator of South Carolina. Panelists consisted of Capt. John Lewis, Regional
Manager, Westrec Marinas; Mr. Bill Albright, Florida Council of Yacht Clubs; Ms.
Karen Bell, Operations Manager, A.P. Bell Fish Co., Inc.; Mr. Bob Bijur, Safety and
Security Officer for Island Queen Cruises and Biscayne Lady Yacht Charters; and Mr.
Paul Wescott, Safety & Compliance Coordinator, MOBRO Marine, Inc.
 
Key ideas emerging from the panel presentations and ensuing discussion were as follows:

1) A balance is needed between homeland security, freedoms on the water, and
economic competitiveness. New visa requirements are causing foreign
commercial vessel operators to go offshore for business previously conducted in
the U.S. Technical solutions need to balance security and expense.
2) The boating public needs to be better educated on the small vessel security threat,
the identification of suspicious activity, and means to communicate with the
proper authorities. America’s Waterways Watch and boater credentialing could
serve those purposes.
3) When implementing small vessel security regulations and requirements, federal
authorities should leverage the well developed skills and knowledge of
professional licensed and credentialed operators, and the on-going relationships
with them as potential partners.
4) Security plans and actions should differentiate segments of the small vessel
community to make security measures appropriate to different economic
capabilities and impacts, professional skills, and local risk environments.
5) Better communications of government goals and programs to the public is needed,
simplifying a confusing array of emergency call programs and numbers, and
taking advantage of information technology innovations that can lower costs for
vessel identification systems and applications. Feedback about action following
reports of suspicious activity is essential to sustaining cooperation.
6) Attention needs to be devoted to practical ways to implement plans and
requirements with the resources to start and sustain programs.
7) There would be great leverage from approaches that provided incentives in
addition to seeking public support for prevention programs, and in avoiding “big
stick” approaches.
8) Special attention should be devoted to engaging well organized and willing
professional mariners in areas such as suspicious activity reporting and sensor
deployment.
9) Leverage technology: e.g. work with electronic charting companies and
commercial GIS vendors to reflect security and safety zones and use AIS or VMS
type equipment similar to that used around oil platforms.

Mr. Robert Gauvin, Technical Advisor, U.S. Coast Guard Office of Vessel Activities,
discussed USCG small vessel security initiatives, the National Summit and report, the
regional summit series, and the soon to be released DHS Small Vessel Security Strategy
and implementation plan.
 
Mr. Jack Garofano, Assistant Director, Marine Field Operations Office Miami
U.S. Customs and Border Patrol, described CBP domestic and overseas homeland
security initiatives, including Customs – Trade Partnership Against terrorism (C-TPAT),
Container Security Initiative (CSI), and efficiencies in boater reporting and customs
declaration requirements.

Scenario based discussion exercises, facilitated by Mr. George Murphy, dealt with ways
to detect, deter or prevent terrorist attacks at two major ports in the Southeastern U.S. The
exercises engaged the audience to explore a broad range of elements in the richly layered
security strategy that has been deployed and is evolving through initiatives such as the
small vessel security strategy. Participant’s brought their experience and ideas to the
discussions. They shared suggestions about what they believed was required and was
workable from practical operational and economic perspectives. The discussions drove
home the complexity of the overall problem and the utility of a risk based and flexible
layered strategy. 

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July 16, 2008 Northeastern Small Vessel Security Strategy

The Northeastern Small Vessel Security Summit was held at the Massachusetts Maritime
Academy in Buzzard’s Bay, Massachusetts, on Saturday, June 7, 2008.

Summit co-host RADM Timothy Sullivan, Commander, Coast Guard First District,
outlined the nature of threats associated with small vessels and U.S. Department of Homeland Security (DHS) commitment to deal with them. He pointed out that most safety
procedures and many operations fit into the security framework and provided updates on
several important changes and initiatives pertaining to safety. He emphasized utility of
vessel tracking systems for mariner use, noted that America’s Waterway Watch is a
major component of the USCG strategy and that emerging energy initiatives will cause
new requirements for security concerns and monitoring.

Keynote speaker, RADM Brian Salerno, Coast Guard Assistant Commandant for Safety,
Security and Stewardship, provided background on the extension of maritime security
policy to small vessels and the need for public interaction and support in getting it right.
He noted four types of small vessel use threats: Waterborne Improvised Explosive
Devices (WBIEDs), weapons smuggling (possible WMD); people smuggling (terrorist);
and being used as platforms for stand-off attack. He spoke about the idea of risk-based
approaches to setting priorities and a layered maritime domain defense. He spoke to the
importance of cooperation among all interested parties, across all industry, government
and private sectors. RADM Salerno provided examples of measures taken with larger
vessels pertaining to visibility of international movements (notice of arrival, forward
screening abroad, Automatic Identification Systems (AIS) and marine patrols) and how
they were effective in setting a layered, mandatory, defense program for large vessels.
He spoke to the importance of the Transportation Workers Identification Card (TWIC)
for port operations credentialing, some specific security plans and information sharing
arrangements. He concluded by indicating that the need was now to figure out
appropriate ways to get similar things in place and to pinpoint what will and won’t work
from different points of view in the small vessel community, before being needed due to
a small vessel security incident in the United States.

The America’s Waterway Watch Program was presented by LT John Taylor, Program
Manager from Coast Guard Headquarters, Washington, D.C. He described the goals of
the program, its evolution, and its responsiveness to recommendations made by
stakeholders at prior Summit meetings.

Mr. Robert Gauvin, Technical Advisor for the U.S. Coast Guard’s Office of Vessel
Activities, led off and moderated a panel of distinguish representatives of small vessel
stakeholders. Mr. Gauvin substituted at the last minute for Major John Fetterman, Maine
Department of Marine Resources. The other panel members were: Captain Elizabeth
Gedney, Director of Safety, Security and Risk Management for the Passenger Vessel
Association; Mr. Brad Glas, Executive Director, National Party Boat Owners Alliance;
Mr. Richard Miner, Operations Officer, Seaboats Inc.; and Ms. Angela Sanfilippo,
President, Gloucester Fishermen's Wives Association and Acting Executive Committee
Director of the Massachusetts Fishermen's Partnership.

All panelists described many opportunities for effective cooperation by the small vessel
community, noting the patriotism, self-interest, large numbers, breadth of expertise, and
wide range of views by people on the water. Panelists discussed the very serious issues
of their industry’s poor economic conditions due to the uncontrolled upturn in fuel-
operating cost, employee-personnel credentialing and the limits of personal spending by
the public for recreation and transportation by small vessels. Industry speakers pointed
out that costs associated with regulation and fuel prices are the most serious threats they
face, and that any new economic burden will sharply reduce their numbers and their
ability to participate in new security programs. Examples of costly impacts included
duplicative licensing, costly credentialing requirements with unwieldy or poorly
operating registration processes, and measures that did not match actual threats in various
segments of the very diverse small vessel community. Specific examples were offered
about better ways to set priorities based on risk assessment.

Panelists also pointed out the need for more effective education programs, particularly for
recreational boaters and the “waterfront public”. They observed that local interactions
directly between the public and officials, plus the social motivation of communities are
critical elements of building and sustaining awareness and incentives to act. It was noted
that there are many opportunities to educate young people and to link training about
vessel operation safety to broader issues of security.

Finally, many panelists noted that safety and security solutions are intrinsically related
and that they must be balanced in approaching issues of security. Several panelists tied
together examples of ways that measures affect each, and emphasized the desirability of
“dual use” approaches to regulation and operations. They placed the discussion into the
context of the limited resources that boaters have at their disposal. Additionally, there
was interest expressed in bringing together the various safety and security groups as DHS
moves forward with its plans.

Mr. Gauvin described the newly released DHS National Small Vessel Security Strategy
and explained the overall program in small vessel security as it has evolved in the
Department. He outlined, in particular, the impact of Summit participants in key aspects
of the Strategy and emerging plans for implementation. He described the next steps and
invited participants to remain involved as efforts are made towards building and

sustaining an effective partnership. Mr. Gauvin spoke about the major goals expressed in
the Strategy and pointed out that it outlined the need for flexible regional approaches,
coherent plans with a layered coordination of public, private and industry involvement,
the intent to leveraging technology to detect, determine intent and when necessary
interdict, and to enhance education and communications with all small vessel
stakeholders to ensure they are part of the solution.

Scenario based discussion exercises, facilitated by the Homeland Security Institute’s Mr.
George Murphy, dealt with ways to detect, deter or prevent terrorist attacks at two major
ports within the U.S. Northeastern region. The tabletop exercises engaged the audience
to explore a broad range of elements in the richly layered security strategy that has been
deployed and that can evolve through initiatives such as the small vessel security
strategy. Participants brought their experience and ideas into the discussions and shared
suggestions about what they believed were required and workable from practical,
operational and economic perspectives. The discussions drove home the complexity of
the overall problem and the utility of a risk based and flexible layered strategy of security
in depth.

In a final session, participants offered ideas for future events. Specific suggestions were
to have the right stakeholders as speakers, to consider creative grant programs for small
vessel operator education. Also relating to education, it was recommended that the
security standards be added as required parts of safety certification programs, and that
DHS offer standards for such programs to guide local initiative in developing operator
proficiency relevant programs.

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“We saw quite vividly with the U.S.S. Cole attack that violent extremists will not hesitate to use any means, large or small, in their efforts to inflict blows to our maritime assets,” said Homeland Security Secretary Michael Chertoff. “This strategy ensures all small vessel stakeholders across our ports and coastal waterways can play a role in unified threat mitigation efforts and replaces today’s seemingly honor-based neighborhood watch program with an efficient and successful means to combat terrorism along our waterways.”

DHS hosted the National Small Vessel Security Summit in June 2007, bringing together approximately 300 small vessel community stakeholders along with federal, state and local government leaders. Participants discussed security risks in the U.S. maritime domain and identified measures to mitigate gaps in small vessel management and improve control within the maritime domain. The SVSS is one of several core findings from the Summit, and identifies four serious concerns associated with the illicit use of small vessels and an overarching vision to minimize the associated risks. Specifically, it focuses on: domestic use of waterborne improvised explosive devices; conveyance for smuggling weapons (including radiological and nuclear weapons of mass destruction) into the U.S.; conveyance for smuggling terrorists into the U.S.; and waterborne platform for conducting a stand-off attack, such as Man-Portable Air Defense System attacks.

Approximately 85 percent of our nation’s critical infrastructure, including our ports and maritime structures, are owned and operated by the private sector. The federal government cannot single-handedly protect and defend against all potential threats of terrorism within the small vessel community. A coordinated multi-layered approach, as defined by the SVSS, will ensure that the maritime domain remains a secure and safe environment where small vessel operators can safely earn a living, travel and enjoy recreational activities without unduly burdensome government regulations.

Specific objectives identified in the SVSS to help achieve this goal include:

1) Continue to develop and leverage a strong partnership with the small vessel community as well as both public and private sectors in order to enhance maritime domain awareness;
2) Fortify maritime security and safety with a more robust, layered defense:
* Better identification of small vessels operating in U.S. waters,
* Expanded radiological/nuclear detection capabilities like the DHS West Coast Maritime Radiation Detection Project,
* Improved situational awareness and information sharing, and
* Enhanced data analysis to identify high-risk concerns;
3) Leverage technology to enhance the ability to detect, determine intent and when necessary, interdict small vessels; and
4) Cultivate coordination, cooperation and communications between federal, state, local and tribal partners in addition to the private sector and international partners to leverage capabilities and improve security operations within the maritime environment.

DHS will continue working with maritime partners to develop a follow-on small vessel security implementation plan, which will put the strategy into action this year.

Here are downloadable copies of the Small Vessel Security Strategy Plan and the National Small Vessel Security Summit Report, all found on the website of the Department of Homeland Security.

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Key ideas emerging from the presentations and ensuing discussion with the audience were as follows:

1) Little funding has been devoted specifically to small vessel security by the federal
government; existing local efforts are self funded, and expanding them will require
assistance if they are to be adequate and to fit into a consistent national effort.

2) While the Summit meetings have been widely noticed by the boating community,
"on the ground” there has been little real engagement thus far; sustained,
purposeful, strategic and sensible engagement will be needed to elicit an effective
partnership.

3) Communications to the public about the threat, and the methods employed
against it, need to be straightforward, understandable and not overly complex in
order to capture public attention and generate the desired results.

4) Consistent enforcement of rules and regulations is critical to building broad
understanding and acceptance.

5) Operations on the water must be respectful of waterman and their equipment
and consistent with the expectations of the public, in order to build and sustain their
interest and participation in voluntary security enhancing activates. Simple steps,
such as not wearing combat boots when boarding recreational craft could go a long
way towards securing public support and cooperation.

6) When working with the broad and diverse community, it is important not to
complicate programs; authorities need to focus on concise and understandable
efforts so as not to create confusion. It is essential to make the threat and responses
to it understandable to the general public, with fewer, more direct and
straightforward messages.

7) Pay particular attention to the partnership with commercial operators; they
know the issues and understand the stakes in sustaining maritime security; the
residual safety effects have huge value, and experience has convinced them that
active participation is vastly more desirable to the regulation that would follow a
terrorist event.

8) Build on programs for new boaters, and find programs for the “weekend” boater
(e.g., in addition to the level of commitment of CG Auxiliary membership); make it
clear and specific about what the Coast Guard wants from such a partnership.

9) There was a perception that America's Waterway Watch had not been adequately
promoted at least in Northern California, so it may be that current efforts to include
AWW with other boating safety messages is diluting the AWW message. The group
recommended having more single-topic AWW presentations, particularly at
meetings aimed at the recreational boating public.

10) Be very sensitive to potential and actual collateral negative economic impacts of
security programs as they affect marine commercial operators.

11) Be far proactive in taking advantage of emerging consumer and commercial
information and communication technologies to expand effective two way
interaction, provision of security information to boaters, and sustained information
sharing among authorities and the boating public.

Mr. Robert Gauvin presented highlights of the newly released National Small Vessel
Security Strategy, and described the overall program in small vessel security as it
has evolved in DHS. He outlined in particular the place of Summit participants in key
aspects of the Strategy and emerging plans for implementation. He outlined the next
steps and invited participants to remain involved as efforts are made towards
building and sustaining and effective partnership.

Two scenario based discussion exercises, facilitated by the Homeland Security
Institute’s George Murphy, dealt with ways to detect, deter or prevent terrorist
attacks at two major ports in the Eleventh Coast Guard District. The exercises
engaged the audience to explore a broad range of elements in the richly layered
security strategy that has been deployed and is evolving through initiatives such as
the Small Vessel Security Strategy. Participant’s brought their experience and ideas
into the discussions. They shared suggestions about what they believed was
required and was workable from practical operational and economic perspectives.
The discussions drove home the complexity of the overall problem and the utility of
a risk-based and flexible strategy of layered security in depth.

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MIAMI (AP) - Forecasters say Hurricane Bertha has weakened to a Category 1 storm as it heads toward Bermuda, but could restrengthen in the next 24 hours.

Forecasters have been urging people on the island to monitor the storm's progress. They say Bertha has started producing large swells and high surf there.

It's still unknown if or when the hurricane will make landfall.

As of about 11 a.m. EDT Thursday, the center of the storm was about 485 miles southeast of Bermuda.

Maximum sustained winds are about 90 mph with some higher gusting.

The Atlantic season's first hurricane is traveling northwest at about 9 mph. It's expected to turn and slow down in the next couple of days.

Associated Press

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Famed for its rigorous and demanding tests, Practical Sailor separates the good gear from the bad. You’ll discover which equipment is best for your boat, your budget and your sailing. You’ll steer clear of gear that’s overpriced, second-rate, or dangerous to your sailing safety.

From bottom paints to mast steps...GPS to PFDs...anchors to engines...autopilots to genoa cars...inverters to inflatables, you’ll make the right buying choices when you ask Practical Sailor first.

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July 9, 2008 The BlueStorm PFD Is Now Available at ASA

Bluestorm is personal protective equipment for you, the mariner, whether you’re at work or play, on a small inland waterway or out in the middle of the deep blue sea, in control under a warm clear blue sky or holding on for dear life in a cold, wet, windy storm.

Bluestorm equipment is designed for safety, comfort and value, designed using the latest technologies, with high quality materials and workmanship, to protect you even in extreme situations without compromising comfort in the process.

Bluestorm is a reminder to be prepared for the unexpected, as the clear BLUE sky or the calm and controllable situation, can quickly turn into a STORM, be it stormy weather or an emergency situation caused by an unexpected accident.

Bluestorm is personal protective equipment for your life, because living with Mother Nature and her water is the way you live!

Bluestorm Bring It On!

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MIAMI (AP) — Forecasters say Hurricane Bertha could become slightly stronger in the next couple of days as it heads toward Bermuda.

As of about 5 a.m. EDT Wednesday, the center of the storm was about 560 miles northeast of the northern Leeward Islands and about 790 miles southeast of Bermuda.

Maximum sustained winds are about 75 mph with some higher gusting. Forecasters at the National Hurricane Center say it wouldn't be surprising if the storm re-strengthened in the next 48 hours.

The Atlantic season's first hurricane is traveling northwest at about 10 mph.

Bertha is expected to continue its path toward Bermuda. Forecasters have been urging people on the island to monitor the storm's progress.

It's unknown if or when the hurricane will make landfall.

Associated Press

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Eyewitness Account by Participant George Hewes

The tea destroyed was contained in three ships, lying near each other at what was called at that time Griffin's wharf, and were surrounded by armed ships of war, the commanders of which had publicly declared that if the rebels, as they were pleased to style the Bostonians, should not withdraw their opposition to the landing of the tea before a certain day, the 17th day of December, 1773, they should on that day force it on shore, under the cover of their cannon's mouth.

On the day preceding the seventeenth, there was a meeting of the citizens of the county of Suffolk, convened at one of the churches in Boston, for the purpose of consulting on what measures might be considered expedient to prevent the landing of the tea, or secure the people from the collection of the duty. At that meeting a committee was appointed to wait on Governor Hutchinson, and request him to inform them whether he would take any measures to satisfy the people on the object of the meeting.

To the first application of this committee, the Governor told them he would give them a definite answer by five o'clock in the afternoon. At the hour appointed, the committee again repaired to the Governor's house, and on inquiry found he had gone to his country seat at Milton, a distance of about six miles. When the committee returned and informed the meeting of the absence of the Governor, there was a confused murmur among the members, and the meeting was immediately dissolved, many of them crying out, "Let every man do his duty, and be true to his country"; and there was a general huzza for Griffin's wharf.

It was now evening, and I immediately dressed myself in the costume of an Indian, equipped with a small hatchet, which I and my associates denominated the tomahawk, with which, and a club, after having painted my face and hands with coal dust in the shop of a blacksmith, I repaired to Griffin's wharf, where the ships lay that contained the tea. When I first appeared in the street after being thus disguised, I fell in with many who were dressed, equipped and painted as I was, and who fell in with me and marched in order to the place of our destination.

When we arrived at the wharf, there were three of our number who assumed an authority to direct our operations, to which we readily submitted. They divided us into three parties, for the purpose of boarding the three ships which contained the tea at the same time. The name of him who commanded the division to which I was assigned was Leonard Pitt. The names of the other commanders I never knew.

We were immediately ordered by the respective commanders to board all the ships at the same time, which we promptly obeyed. The commander of the division to which I belonged, as soon as we were on board the ship appointed me boatswain, and ordered me to go to the captain and demand of him the keys to the hatches and a dozen candles. I made the demand accordingly, and the captain promptly replied, and delivered the articles; but requested me at the same time to do no damage to the ship or rigging.

We then were ordered by our commander to open the hatches and take out all the chests of tea and throw them overboard, and we immediately proceeded to execute his orders, first cutting and splitting the chests with our tomahawks, so as thoroughly to expose them to the effects of the water.

In about three hours from the time we went on board, we had thus broken and thrown overboard every tea chest to be found in the ship, while those in the other ships were disposing of the tea in the same way, at the same time. We were surrounded bv British armed ships, but no attempt was made to resist us.

We then quietly retired to our several places of residence, without having any conversation with each other, or taking any measures to discover who were our associates; nor do I recollect of our having had the knowledge of the name of a single individual concerned in that affair, except that of Leonard Pitt, the commander of my division, whom I have mentioned. There appeared to be an understanding that each individual should volunteer his services, keep his own secret, and risk the consequence for himself. No disorder took place during that transaction, and it was observed at that time that the stillest night ensued that Boston had enjoyed for many months.

During the time we were throwing the tea overboard, there were several attempts made by some of the citizens of Boston and its vicinity to carry off small quantities of it for their family use. To effect that object, they would watch their opportunity to snatch up a handful from the deck, where it became plentifully scattered, and put it into their pockets.

One Captain O'Connor, whom I well knew, came on board for that purpose, and when he supposed he was not noticed, filled his pockets, and also the lining of his coat. But I had detected him and gave information to the captain of what he was doing. We were ordered to take him into custody, and just as he was stepping from the vessel, I seized him by the skirt of his coat, and in attempting to pull him back, I tore it off; but, springing forward, by a rapid effort he made his escape. He had, however, to run a gauntlet through the crowd upon the wharf nine each one, as he passed, giving him a kick or a stroke.

Another attempt was made to save a little tea from the ruins of the cargo by a tall, aged man who wore a large cocked hat and white wig, which was fashionable at that time. He had sleightly slipped a little into his pocket, but being detected, they seized him and, taking his hat and wig from his head, threw them, together with the tea, of which they had emptied his pockets, into the water. In consideration of his advanced age, he was permitted to escape, with now and then a slight kick.

The next morning, after we had cleared the ships of the tea, it was discovered that very considerable quantities of it were floating upon the surface of the water; and to prevent the possibility of any of its being saved for use, a number of small boats were manned by sailors and citizens, who rowed them into those parts of the harbor wherever the tea was visible, and by beating it with oars and paddles so thoroughly drenched it as to render its entire destruction inevitable.

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01. Put safety into your weekend plan.

02. "Little" guests need life jackets: Everyone wants to be on the boat this holiday weekend, but do you have the right-sized life jacket aboard for any visiting kids? The BoatU.S. Foundation loans children's life jackets for free at over 350 marinas, fuel docks, and other waterfront businesses and boat clubs.

03. Take your time to get home: July 4 is the one time each year that many fair-weather boaters venture out after the sun goes down. The most reported type of boating accident is a collision with another vessel, so it's a good idea to keep your speed down, post an extra lookout and ensure all your navigation lights are working properly. A spotlight is a must, all safety gear should be made readily available and life jackets should be worn at all times on the water. Also, be extra vigilant about not running over anchor lines in crowded fireworks viewing areas, and don't take shortcuts in the dark.

04. Wear life jackets: Almost three-quarters of all fatal boating accident victims drowned, and of those, 87% were not wearing a life jacket. Accidents can happen very quickly, sometimes leaving no time to don a life jacket.

05. Don't overload your boat: Resist the urge to invite more friends or family to the fireworks show than what your boat was designed to carry. Heavily loaded small boats, and those with little freeboard such as bass boats, are more susceptible to swamping from weather or wake action associated with heavy July 4 boating traffic.

06. It's a long day: A full day in the sun will increase alcohol's effects on the body, so it's better to wait until you're safely back at the dock or home before breaking out the libations. Also bring lots of water, a VHF radio, and check the weather reports to avoid storms.

07. Know how to get back in the boat: A fall overboard can turn into a life-threatening situation pretty quickly, especially for small boats without built-in boarding ladders.

08. Never run the engine when swimmers are in the water: Raft-ups, or groups of boats tied together in a protected anchorage, is a great way to spend the holiday with fellow boating friends. But you should never run an engine, or a generator for that matter, with swimmers in the water near exhaust ports or props. Even though the boat's transmission may not be in gear, propellers can still rotate, and odorless, colorless carbon monoxide can quickly overcome swimmers.

09. Take a local boating safety class.

10. Cruising offshore safety: An emergency position indicating rescue beacon (EPIRB) will give you the margin of safety you need during an offshore passage.

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July 2, 2008 H.R. 5949

Clean Boating Act of 2008 (Introduced in House)

HR 5949 IH

110th CONGRESS

2d Session

H. R. 5949

To amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel.

IN THE HOUSE OF REPRESENTATIVES

May 1, 2008

Mr. LATOURETTE (for himself and Mrs. MILLER of Michigan) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To amend the Federal Water Pollution Control Act to address certain discharges incidental to the normal operation of a recreational vessel.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Clean Boating Act of 2008'.

SEC. 2. DISCHARGES INCIDENTAL TO THE NORMAL OPERATION OF RECREATIONAL VESSELS.

Section 402 of the Federal Water Pollution Control Act (33 U.S.C. 1342) is amended by adding at the end the following:

`(r) Discharges Incidental to the Normal Operation of Recreational Vessels- No permit shall be required under this Act by the Administrator (or a State, in the case of a permit program approved under subsection (b)) for the discharge of any graywater, bilge water, cooling water, weather deck runoff, oil water separator effluent, or effluent from properly functioning marine engines, or any other discharge that is incidental to the normal operation of a vessel, if the discharge is from a recreational vessel.'.

SEC. 3. DEFINITION.

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended by adding at the end the following:

`(25) RECREATIONAL VESSEL-

`(A) IN GENERAL- The term `recreational vessel' means any vessel that is--

`(i) manufactured or used primarily for pleasure; or

`(ii) leased, rented, or chartered to a person for the pleasure of that person.

`(B) EXCLUSION- The term `recreational vessel' does not include a vessel that is subject to Coast Guard inspection and that--

`(i) is engaged in commercial use; or

`(ii) carries paying passengers.'.

SEC. 4. MANAGEMENT PRACTICES FOR RECREATIONAL VESSELS.

Section 312 of the Federal Water Pollution Control Act (33 U.S.C. 1322) is amended by adding at the end the following:

`(o) Management Practices for Recreational Vessels-

`(1) APPLICABILITY- This subsection applies to any discharge, other than a discharge of sewage, from a recreational vessel that is--

`(A) incidental to the normal operation of the vessel; and

`(B) exempt from permitting requirements under section 402(r).

`(2) DETERMINATION OF DISCHARGES SUBJECT TO MANAGEMENT PRACTICES-

`(A) DETERMINATION-

`(i) IN GENERAL- The Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, and interested States, shall determine the discharges incidental to the normal operation of a recreational vessel for which it is reasonable and practicable to develop management practices to mitigate adverse impacts on the waters of the United States.

`(ii) PROMULGATION- The Administrator shall promulgate the determinations under clause (i) in accordance with section 553 of title 5, United States Code.

`(iii) MANAGEMENT PRACTICES- The Administrator shall develop management practices for recreational vessels in any case in which the Administrator determines that the use of those practices is reasonable and practicable.

`(B) CONSIDERATIONS- In making a determination under subparagraph (A), the Administrator shall consider--

`(i) the nature of the discharge;

`(ii) the environmental effects of the discharge;

`(iii) the practicability of using a management practice;

`(iv) the effect that the use of a management practice would have on the operation, operational capability, or safety of the vessel;

`(v) applicable Federal and State law;

`(vi) applicable international standards; and

`(vii) the economic costs of the use of the management practice.

`(C) TIMING- The Administrator shall--

`(i) make the initial determinations under subparagraph (A) not later than 1 year after the date of enactment of this subsection; and

`(ii) every 5 years thereafter--

`(I) review the determinations; and

`(II) if necessary, revise the determinations based on any new information available to the Administrator.

`(3) PERFORMANCE STANDARDS FOR MANAGEMENT PRACTICES-

`(A) IN GENERAL- For each discharge for which a management practice is developed under paragraph (2), the Administrator, in consultation with the Secretary of the department in which the Coast Guard is operating, the Secretary of Commerce, other interested Federal agencies, and interested States, shall promulgate, in accordance with section 553 of title 5, United States Code, Federal standards of performance for each management practice required with respect to the discharge.

`(B) CONSIDERATIONS- In promulgating standards under this paragraph, the Administrator shall take into account the considerations described in paragraph (2)(B).

`(C) CLASSES, TYPES, AND SIZES OF VESSELS- The standards promulgated under this paragraph may--

`(i) distinguish among classes, types, and sizes of vessels;

`(ii) distinguish between new and existing vessels; and

`(iii) provide for a waiver of the applicability of the standards as necessary or appropriate to a particular class, type, age, or size of vessel.

`(D) TIMING- The Administrator shall--

`(i) promulgate standards of performance for a management practice under subparagraph (A) not later than 1 year after the date of a determination under paragraph (2) that the management practice is reasonable and practicable; and

`(ii) every 5 years thereafter--

`(I) review the standards; and

`(II) if necessary, revise the standards, in accordance with subparagraph (B) and based on any new information available to the Administrator.

`(4) REGULATIONS FOR THE USE OF MANAGEMENT PRACTICES-

`(A) IN GENERAL- The Secretary of the department in which the Coast Guard is operating shall promulgate such regulations governing the design, construction, installation, and use of management practices for recreational vessels as are necessary to meet the standards of performance promulgated under paragraph (3).

`(B) REGULATIONS-

`(i) IN GENERAL- The Secretary shall promulgate the regulations under this paragraph as soon as practicable after the Administrator promulgates standards with respect to the practice under paragraph (3), but not later than 1 year after the date on which the Administrator promulgates the standards.

`(ii) EFFECTIVE DATE- The regulations promulgated by the Secretary under this paragraph shall be effective upon promulgation unless another effective date is specified in the regulations.

`(iii) CONSIDERATION OF TIME- In determining the effective date of a regulation promulgated under this paragraph, the Secretary shall consider the period of time necessary to communicate the existence of the regulation to persons affected by the regulation.

`(5) EFFECT OF OTHER LAWS- This subsection shall not affect the application of section 311 to discharges incidental to the normal operation of a recreational vessel.

`(6) PROHIBITION RELATING TO RECREATIONAL VESSELS- After the effective date of the regulations promulgated by the Secretary of the department in which the Coast Guard is operating under paragraph (4), the owner or operator of a recreational vessel shall neither operate in nor discharge any discharge incidental to the normal operation of the vessel into, the waters of the United States or the waters of the contiguous zone, if the owner or operator of the vessel is not using any applicable management practice meeting standards established under this subsection.'.

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July 2, 2008 Update: Clean Boating Act of 2008

Just received this email from Senator Feinstein. On the surface, it seems this legislation is in good hands, and it may well be. But with the objection from the Alaskan Senator this Boating Act is set adrift with only weeks left for a passing vote. So we must continue to contact our representatives and demand this be voted on and passed before its September 30 deadline.

July 2, 2008

American Sailing Association
5301 Beethoven Street, Suite 265
Los Angeles, CA 90066

Dear Mr. Holmes,

Thank you for writing to me to share your support for the "Clean Boating Act of 2008." I appreciate hearing your thoughts about this legislation, and I welcome the opportunity to respond.

As you know, the Ninth Circuit Court of Appeals ruled that the Environmental Protection Agency (EPA) must create and manage a Clean Water Act permit system for recreational boats by September 2008. I understand that recreational boating is a very popular activity in California, and I appreciate hearing your support for reinstating the recreational boat exemption.

I am pleased to inform you that I am a co-sponsor of the "Clean Boating Act of 2008" (S. 2766). This legislation would restore the exemption of recreational boats from EPA regulations regarding the discharge of pollutants such as engine cooling water, deck runoff, bilge water and gray water. Please know that I appreciate your interest in actively contributing to the legislative process, and I hope that you will continue to keep in touch on matters of importance to you.

Again, thank you for writing. If you have any other questions or comments, please contact my Washington, D.C. office at (202) 224-3841. Best regards.

Sincerely yours,

Dianne Feinstein
United States Senator

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July 1, 2008 URGENT: Clean Boating Act 2008 Action Alert

This email was sent from our good friends at the National Marine Manufacturers Association. Please read and act now to insure our boating future.

Time is Running Out for America's Recreational Boaters & Marine Industry. The Clean Boating Act of 2008 (S. 2766/H.R. 5949) is a strong, bipartisan bill that emerged out of a consensus process in order to prevent the unnecessary and unprecedented EPA / state permitting of America's recreational boats for their incidental, overboard water discharges. On June 26, the bill was brought up in the Senate on an expedited voting procedure known as a Unanimous Consent Agreement. Unfortunately, one Senator, Alaskan Senator Lisa Murkowski (R), objected to the bill, proposing instead that the legislation be expanded to include some commercial vessels. Under the Senate rules, this single objection has prevented the bill from moving forward right now. Because commercial advocates and interest groups are ACTIVELY OPPOSING the Clean Boating Act even if doing so means that there will be no legislative relief for anyone, NMMA has decided to issue this Action Alert. NMMA is sympathetic to the concerns of the commercial vessel industry, but relief for recreational vessels can and should be achieved NOW. Senators and especially the 39 Co-sponsors of the Clean Boating Act need to hear from boaters TODAY and they need to know that failure to pass the Clean Boating Act will not go unnoticed by America's 18 million recreational boat owners and the hundreds of thousands of marine industry employees nationwide. Your Senators and Representatives need to hear from you TODAY. Call or write them at BoatBlue and tell them that you strongly support quick passage of S. 2766/H.R. 5949, the Clean Boating Act. If the bill is not passed before September 30, 2008, all recreational vessels will be swept up in a federal and state permitting regime for their weather run-off, bilge water, engine cooling water, and other incidental water discharges. Penalties for non-compliance are $32,500 per day per violation and citizen lawsuits. The bill has passed Senate and House Committees and is ready to be voted on at anytime. Time is running out, with only a few weeks of legislative time left. If Congress does not pass this commonsense bill before Sept. 30, 2008, 18 million recreational boat owners are going to wonder why this sensible, simple bipartisan bill couldn't become law. They are going to wonder why Congress has not prevented the EPA from requiring a permit for things like rainwater run-off and engine cooling water, boaters will have to go through a complex and costly federal or state bureaucracy to get a permit just to go out of the water with their friends and family. Failure to comply with this unreasonable regulation would expose boaters to $32,500 per day per incident fines and excessive legal jeopardy through citizen suits. This program was never designed or intended for recreational boaters. Please help us move forward on passing S. 2766 now. We are almost out of time and we need Congressional relief now.

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July 1, 2008 The American Boating Congress

Are you a boat or engine manufacturer? How about a marina owner or operator? What about a marine professional or concerned boater? If any of these apply to you then check out The American Boating Congress initiated in 1989 by the National Marine Manufacturers Association (NMMA). This Congressional Boating Caucus is a informal, bipartisan group of U.S. senators and representatives concerned with issues affecting the recreational marine industry. The caucus seeks to improve the economic viability of the industry and support the protection of the environment, boating safety and the creation of international trade opportunities for the industry. The next Legislative Conference is May 3 - 5, 2009 in Washington, DC. Discover how current state and federal regulatory issues affect your operations, learn the status of key federal legislation concerning the marine industry, attend educational seminars and network with fellow industry leaders at The American Boating Congress.

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July 1, 2008 ASA Sailing Fundamentals

This year the American Sailing Association celebrates it's 25th Anniversary. Here is a clip from our DVD collection from those early days on Sailing Fundamentals. This clip is as valid today as it was 25 years ago and is only part of why we have educated more people than any other sailing school on the planet. Enjoy!

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