Pub. L. 110-114, tit. III, sec. 3178 (as amended)
UPPER OHIO RIVER AND TRIBUTARIES NAVIGATION SYSTEM NEW TECHNOLOGY PILOT PROGRAM.
SEC. 3178. UPPER OHIO RIVER AND TRIBUTARIES NAVIGATION SYSTEM NEW TECHNOLOGY PILOT PROGRAM.
(a) Upper Ohio River and Tributaries Navigation System Defined.—In this section, the term “Upper Ohio River and Tributaries navigation system” means the Allegheny, Kanawha, Monongahela, and Ohio Rivers.
(b) Establishment.—
(1) In general.—The Secretary shall establish a pilot program to evaluate new technologies applicable to the Upper Ohio River and Tributaries navigation system.
(2) Inclusions.—The program may include the design, construction, or implementation of innovative technologies and solutions for the Upper Ohio River and Tributaries navigation system, including projects for—
(A) improved navigation;
(B) environmental stewardship;
(C) increased navigation reliability; and
(D) reduced navigation costs.
(3) Purposes.—The purposes of the program shall be—
(A) to increase the reliability and availability of federally owned and federally operated navigation facilities;
(B) to decrease system operational risks; and
(C) to improve—
(i) vessel traffic management;
(ii) access; and
(iii) Federal asset management.
(c) Federal Ownership Requirement.—The Secretary may provide assistance for a project under this section only if the project is federally owned.
(d) Local Cooperation Agreements.—
(1) In general.—The Secretary shall enter into local cooperation agreements with non-Federal interests to provide for the design, construction, installation, and operation of the projects to be carried out under the program.
(2) Requirements.—Each local cooperation agreement entered into under this subsection shall include the following:
(A) Plan.—Development by the Secretary, in consultation with appropriate Federal and State officials, of a navigation improvement project, including appropriate engineering plans and specifications.
(B) Legal and institutional structures.—Establishment of such legal and institutional structures as are necessary to ensure the effective long-term operation of the project.
(3) Cost sharing.—Total project costs under each local cooperation agreement shall be cost-shared in accordance with the formula relating to the applicable original construction project.
(4) Expenditures.—
(A) In general.—Expenditures under the program may include, for establishment at federally owned property, such as locks, dams, and bridges—
(i) transmitters;
(ii) responders;
(iii) hardware;
(iv) software; and
(v) wireless networks.
(B) Exclusions.—Transmitters, responders, hardware, software, and wireless networks and other equipment installed on privately owned vessels or equipment shall not be eligible under the program.
(e) Report.—Not later than December 31, 2008, the Secretary shall submit to Congress a report on the results of the pilot program carried out under this section, together with recommendations concerning whether the program or any component of the program should be implemented on a national basis.
(f) Authorization of Appropriations.—There is authorized to be appropriated to carry out this section $3,100,000. Such sums shall remain available until expended.