UPPER BASIN OF MISSOURI RIVER.

SEC. 3176. UPPER BASIN OF MISSOURI RIVER. (a) Use of Funds.—Notwithstanding the Energy and Water Development Appropriations Act, 2006 (Public Law 109–103), funds made available for recovery or mitigation activities in the lower basin of the Missouri River may be used for recovery or mitigation activities in the upper basin of the Missouri River, including the States of Montana, Nebraska, North Dakota, and South Dakota. (b) Conforming Amendment.—The matter under the heading “Missouri River Mitigation, Missouri, Kansas, Iowa, and Nebraska” of section 601(a) of the Water Resources Development Act of 1986 (100 Stat. 4143), as modified by section 334 of the Water Resources Development Act of 1999 (113 Stat. 306), is amended by adding at the end the following: “The Secretary may carry out any recovery or mitigation activities in the upper basin of the Missouri River, including the States of Montana, Nebraska, North Dakota, and South Dakota, using funds made available under this paragraph in accordance with the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) and consistent with the project purposes of the Missouri River Mainstem System as authorized by section 10 of the Flood Control Act of December 22, 1944 (58 Stat. 897).”.