[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2796 Engrossed Amendment House (EAH)]
In the House of Representatives, U. S.,
October 19, 2000.
Resolved, That the bill from the Senate (S. 2796) entitled ``An Act to
provide for the conservation and development of water and related resources, to
authorize the Secretary of the Army to construct various projects for
improvements to rivers and harbors of the United States, and for other
purposes'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorization.
Sec. 102. Small projects for flood damage reduction.
Sec. 103. Small project for bank stabilization.
Sec. 104. Small projects for navigation.
Sec. 105. Small project for improvement of the quality of the
environment.
Sec. 106. Small projects for aquatic ecosystem restoration.
Sec. 107. Small project for shoreline protection.
Sec. 108. Small project for snagging and sediment removal.
Sec. 109. Petaluma River, Petaluma, California.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cost sharing of certain flood damage reduction projects.
Sec. 202. Harbor cost sharing.
Sec. 203. Nonprofit entities.
Sec. 204. Rehabilitation of Federal flood control levees.
Sec. 205. Flood mitigation and riverine restoration program.
Sec. 206. Tribal partnership program.
Sec. 207. Native American reburial and transfer authority.
Sec. 208. Ability to pay.
Sec. 209. Interagency and international support authority.
Sec. 210. Property protection program.
Sec. 211. Engineering consulting services.
Sec. 212. Beach recreation.
Sec. 213. Performance of specialized or technical services.
Sec. 214. Design-build contracting.
Sec. 215. Independent review pilot program.
Sec. 216. Enhanced public participation.
Sec. 217. Monitoring.
Sec. 218. Reconnaissance studies.
Sec. 219. Fish and wildlife mitigation.
Sec. 220. Wetlands mitigation.
Sec. 221. Credit toward non-Federal share of navigation projects.
Sec. 222. Maximum program expenditures for small flood control
projects.
Sec. 223. Feasibility studies and planning, engineering, and design.
Sec. 224. Administrative costs of land conveyances.
Sec. 225. Dam safety.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Nogales Wash and Tributaries, Nogales, Arizona.
Sec. 302. John Paul Hammerschmidt Visitor Center, Fort Smith, Arkansas.
Sec. 303. Greers Ferry Lake, Arkansas.
Sec. 304. Ten- and Fifteen-Mile Bayous, Arkansas.
Sec. 305. Cache Creek basin, California.
Sec. 306. Larkspur Ferry Channel, Larkspur, California.
Sec. 307. Norco Bluffs, Riverside County, California.
Sec. 308. Sacramento deep water ship channel, California.
Sec. 309. Sacramento River, Glenn-Colusa, California.
Sec. 310. Upper Guadalupe River, California.
Sec. 311. Brevard County, Florida.
Sec. 312. Fernandina Harbor, Florida.
Sec. 313. Tampa Harbor, Florida.
Sec. 314. East Saint Louis and vicinity, Illinois.
Sec. 315. Kaskaskia River, Kaskaskia, Illinois.
Sec. 316. Waukegan Harbor, Illinois.
Sec. 317. Cumberland, Kentucky.
Sec. 318. Lock and Dam 10, Kentucky River, Kentucky.
Sec. 319. Saint Joseph River, South Bend, Indiana.
Sec. 320. Mayfield Creek and tributaries, Kentucky.
Sec. 321. Amite River and tributaries, East Baton Rouge Parish,
Louisiana.
Sec. 322. Atchafalaya Basin Floodway System, Louisiana.
Sec. 323. Atchafalaya River, Bayous Chene, Boeuf, and Black Louisiana.
Sec. 324. Red River Waterway, Louisiana.
Sec. 325. Thomaston Harbor, Georges River, Maine.
Sec. 326. Breckenridge, Minnesota.
Sec. 327. Duluth Harbor, Minnesota.
Sec. 328. Little Falls, Minnesota.
Sec. 329. Poplar Island, Maryland.
Sec. 330. New York Harbor and adjacent channels, Port Jersey, New
Jersey.
Sec. 331. Passaic River basin flood management, New Jersey.
Sec. 332. Times Beach nature preserve, Buffalo, New York.
Sec. 333. Garrison Dam, North Dakota.
Sec. 334. Duck Creek, Ohio.
Sec. 335. Astoria, Columbia River, Oregon.
Sec. 336. Nonconnah Creek, Tennessee and Mississippi.
Sec. 337. Bowie County levee, Texas.
Sec. 338. San Antonio Channel, San Antonio, Texas.
Sec. 339. Buchanan and Dickenson Counties, Virginia.
Sec. 340. Buchanan, Dickenson, and Russell Counties, Virginia.
Sec. 341. Sandbridge Beach, Virginia Beach, Virginia.
Sec. 342. Wallops Island, Virginia.
Sec. 343. Columbia River, Washington.
Sec. 344. Mount St. Helens sediment control, Washington.
Sec. 345. Renton, Washington.
Sec. 346. Greenbrier Basin, West Virginia.
Sec. 347. Lower Mud River, Milton, West Virginia.
Sec. 348. Water quality projects.
Sec. 349. Project reauthorizations.
Sec. 350. Continuation of project authorizations.
Sec. 351. Declaration of nonnavigability for Lake Erie, New York.
Sec. 352. Project deauthorizations.
Sec. 353. Wyoming Valley, Pennsylvania.
Sec. 354. Rehoboth Beach and Dewey Beach, Delaware.
TITLE IV--STUDIES
Sec. 401. Studies of completed projects.
Sec. 402. Watershed and river basin assessments.
Sec. 403. Lower Mississippi River resource assessment.
Sec. 404. Upper Mississippi River basin sediment and nutrient study.
Sec. 405. Upper Mississippi River comprehensive plan.
Sec. 406. Ohio River System.
Sec. 407. Eastern Arkansas.
Sec. 408. Russell, Arkansas.
Sec. 409. Estudillo Canal, San Leandro, California.
Sec. 410. Laguna Creek, Fremont, California.
Sec. 411. Lake Merritt, Oakland, California.
Sec. 412. Lancaster, California.
Sec. 413. Napa County, California.
Sec. 414. Oceanside, California.
Sec. 415. Suisun Marsh, California.
Sec. 416. Lake Allatoona Watershed, Georgia.
Sec. 417. Chicago River, Chicago, Illinois.
Sec. 418. Chicago sanitary and ship canal system, Chicago, Illinois.
Sec. 419. Long Lake, Indiana.
Sec. 420. Brush and Rock Creeks, Mission Hills and Fairway, Kansas.
Sec. 421. Coastal areas of Louisiana.
Sec. 422. Iberia Port, Louisiana.
Sec. 423. Lake Pontchartrain seawall, Louisiana.
Sec. 424. Lower Atchafalaya basin, Louisiana.
Sec. 425. St. John the Baptist Parish, Louisiana.
Sec. 426. Las Vegas Valley, Nevada.
Sec. 427. Southwest Valley, Albuquerque, New Mexico.
Sec. 428. Buffalo Harbor, Buffalo, New York.
Sec. 429. Hudson River, Manhattan, New York.
Sec. 430. Jamesville Reservoir, Onondaga County, New York.
Sec. 431. Steubenviille, Ohio.
Sec. 432. Grand Lake, Oklahoma.
Sec. 433. Columbia Slough, Oregon.
Sec. 434. Reedy River, Greenville, South Carolina.
Sec. 435. Germantown, Tennessee.
Sec. 436. Park City, Utah.
Sec. 437. Milwaukee, Wisconsin.
Sec. 438. Upper Des Plaines River and tributaries, Illinois and
Wisconsin.
Sec. 439. Delaware River watershed.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Bridgeport, Alabama.
Sec. 502. Duck River, Cullman, Alabama.
Sec. 503. Seward, Alaska.
Sec. 504. Augusta and Devalls Bluff, Arkansas.
Sec. 505. Beaver Lake, Arkansas.
Sec. 506. McClellan-Kerr Arkansas River navigation system, Arkansas and
Oklahoma.
Sec. 507. Calfed Bay Delta program assistance, California.
Sec. 508. Clear Lake basin, California.
Sec. 509. Contra Costa Canal, Oakley and Knightsen, California.
Sec. 510. Huntington Beach, California.
Sec. 511. Mallard Slough, Pittsburg, California.
Sec. 512. Penn Mine, Calaveras County, California.
Sec. 513. Port of San Francisco, California.
Sec. 514. San Gabriel basin, California.
Sec. 515. Stockton, California.
Sec. 516. Port Everglades, Florida.
Sec. 517. Florida Keys water quality improvements.
Sec. 518. Ballard's Island, La Salle County, Illinois.
Sec. 519. Lake Michigan Diversion, Illinois.
Sec. 520. Koontz Lake, Indiana.
Sec. 521. Campbellsville Lake, Kentucky.
Sec. 522. West View Shores, Cecil County, Maryland.
Sec. 523. Conservation of fish and wildlife, Chesapeake Bay, Maryland
and Virginia.
Sec. 524. Muddy River, Brookline and Boston, Massachusetts.
Sec. 525. Soo Locks, Sault Ste. Marie, Michigan.
Sec. 526. Duluth, Minnesota, alternative technology project.
Sec. 527. Minneapolis, Minnesota.
Sec. 528. St. Louis County, Minnesota.
Sec. 529. Wild Rice River, Minnesota.
Sec. 530. Coastal Mississippi wetlands restoration projects.
Sec. 531. Missouri River Valley improvements.
Sec. 532. New Madrid County, Missouri.
Sec. 533. Pemiscot County, Missouri.
Sec. 534. Las Vegas, Nevada.
Sec. 535. Newark, New Jersey.
Sec. 536. Urbanized peak flood management research, New Jersey.
Sec. 537. Black Rock Canal, Buffalo, New York.
Sec. 538. Hamburg, New York.
Sec. 539. Nepperhan River, Yonkers, New York.
Sec. 540. Rochester, New York.
Sec. 541. Upper Mohawk River basin, New York.
Sec. 542. Eastern North Carolina flood protection.
Sec. 543. Cuyahoga River, Ohio.
Sec. 544. Crowder Point, Crowder, Oklahoma.
Sec. 545. Oklahoma-tribal commission.
Sec. 546. Columbia River, Oregon and Washington.
Sec. 547. John Day Pool, Oregon and Washington.
Sec. 548. Lower Columbia River and Tillamook Bay estuary program,
Oregon and Washington.
Sec. 549. Skinner Butte Park, Eugene, Oregon.
Sec. 550. Willamette River basin, Oregon.
Sec. 551. Lackawanna River, Pennsylvania.
Sec. 552. Philadelphia, Pennsylvania.
Sec. 553. Access improvements, Raystown Lake, Pennsylvania.
Sec. 554. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 555. Chickamauga Lock, Chattanooga, Tennessee.
Sec. 556. Joe Pool Lake, Texas.
Sec. 557. Benson Beach, Fort Canby State Park, Washington.
Sec. 558. Puget Sound and adjacent waters restoration, Washington.
Sec. 559. Shoalwater Bay Indian Tribe, Willapa Bay, Washington.
Sec. 560. Wynoochee Lake, Wynoochee River, Washington.
Sec. 561. Snohomish River, Washington.
Sec. 562. Bluestone, West Virginia.
Sec. 563. Lesage/Greenbottom Swamp, West Virginia.
Sec. 564. Tug Fork River, West Virginia.
Sec. 565. Virginia Point Riverfront Park, West Virginia.
Sec. 566. Southern West Virginia.
Sec. 567. Fox River system, Wisconsin.
Sec. 568. Surfside/Sunset and Newport Beach, California.
Sec. 569. Illinois River basin restoration.
Sec. 570. Great Lakes.
Sec. 571. Great Lakes remedial action plans and sediment remediation.
Sec. 572. Great Lakes dredging levels adjustment.
Sec. 573. Dredged material recyling.
Sec. 574. Watershed management, restoration, and development.
Sec. 575. Maintenance of navigation channels.
Sec. 576. Support of Army civil works program.
Sec. 577. National recreation reservation service.
Sec. 578. Hydrographic survey.
Sec. 579. Lakes program.
Sec. 580. Perchlorate.
Sec. 581. Abandoned and inactive noncoal mine restoration.
Sec. 582. Release of use restriction.
Sec. 583. Comprehensive environmental resources protection.
Sec. 584. Modification of authorizations for environmental projects.
Sec. 585. Land transfers.
Sec. 586. Bruce F. Vento Unit of the Boundary Waters Canoe Area
Wilderness, Minnesota.
Sec. 587. Waurika Lake, Oklahoma.
Sec. 588. Columbia River Treaty fishing access.
Sec. 589. Devils Lake, North Dakota.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION
Sec. 601. Comprehensive Everglades restoration plan.
Sec. 602. Sense of Congress concerning Homestead Air Force Base.
TITLE VIII--MISSOURI RIVER RESTORATION
Sec. 701. Definitions.
Sec. 702. Missouri River Trust.
Sec. 703. Missouri River Task Force.
Sec. 704. Administration.
Sec. 705. Authorization of appropriations.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the
Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATION.
(a) Projects With Chief's Reports.--The following projects for
water resources development and conservation and other purposes are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject to the conditions, described in
the respective reports designated in this subsection:
(1) Barnegat inlet to little egg inlet, new jersey.--The
project for hurricane and storm damage reduction, Barnegat
Inlet to Little Egg Inlet, New Jersey: Report of the Chief of
Engineers dated July 26, 2000, at a total cost of $51,203,000,
with an estimated Federal cost of $33,282,000 and an estimated
non-Federal cost of $17,921,000.
(2) Port of new york and new jersey, new york and new
jersey.--
(A) In general.--The project for navigation, Port
of New York and New Jersey, New York and New Jersey:
Report of the Chief of Engineers dated May 2, 2000, at
a total cost of $1,781,235,000, with an estimated
Federal cost of $738,631,000 and an estimated non-
Federal cost of $1,042,604,000.
(B) Credit.--The Secretary may provide the non-
Federal interests credit toward cash contributions
required--
(i) before, during, and after construction
for planning, engineering and design, and
construction management work that is performed
by the non-Federal interests and that the
Secretary determines is necessary to implement
the project; and
(ii) during and after construction for the
costs of the construction that the non-Federal
interests carry out on behalf of the Secretary
and that the Secretary determines is necessary
to implement the project.
(b) Projects Subject to Final Report.--The following projects for
water resources development and conservation and other purposes are
authorized to be carried out by the Secretary substantially in
accordance with the plans, and subject the conditions, recommended in a
final report of the Chief of Engineers if a favorable report of the
Chief is completed not later than December 31, 2000:
(1) False pass harbor, alaska.--The project for navigation,
False Pass Harbor, Alaska, at a total cost of $15,164,000, with
an estimated Federal cost of $8,238,000 and an estimated non-
Federal cost of $6,926,000.
(2) Unalaska harbor, alaska.--The project for navigation,
Unalska Harbor, Alaska, at a total cost of $20,000,000, with an
estimated Federal cost of $12,000,000 and an estimated non-
Federal cost of $8,000,000.
(3) Rio de flag, flagstaff, arizona.--The project for flood
damage reduction, Rio de Flag, Flagstaff, Arizona, at a total
cost of $24,072,000, with an estimated Federal cost of
$15,576,000 and an estimated non-Federal cost of $8,496,000.
(4) Tres rios, arizona.--The project ecosystem restoration,
Tres Rios, Arizona, at a total cost of $99,320,000, with an
estimated Federal cost of $62,755,000 and an estimated non-
Federal cost of $36,565,000.
(5) Los angeles harbor, california.--The project for
navigation, Los Angeles Harbor, California, at a total cost of
$153,313,000, with an estimated Federal cost of $43,735,000 and
an estimated non-Federal cost of $109,578,000.
(6) Murrietta creek, california.--The project for flood
damage reduction and ecosystem restoration, Murrietta Creek,
California, described as alternative 6, based on the District
Engineer's Murrietta Creek feasibility report and environmental
impact statement dated October 2000, at a total cost of
$89,850,000, with an estimated Federal cost of $57,735,000 and
an estimated non-Federal cost of $32,115,000. The locally
preferred plan described as alternative 6 shall be treated as a
final favorable report of the Chief Engineer's for purposes of
this subsection.
(7) Santa barbara streams, lower mission creek,
california.--The project for flood damage reduction, Santa
Barbara streams, Lower Mission Creek, California, at a total
cost of $18,300,000, with an estimated Federal cost of
$9,200,000 and an estimated non-Federal cost of $9,100,000.
(8) Upper newport bay, california.--The project for
ecosystem restoration, Upper Newport Bay, California, at a
total cost of $32,475,000, with an estimated Federal cost of
$21,109,000 and an estimated non-Federal cost of $11,366,000.
(9) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California, at
a total cost of $27,570,000, with an estimated Federal cost of
$17,920,000 and an estimated non-Federal cost of $9,650,000.
(10) Delaware coast from cape henlopen to fenwick island.--
The project for hurricane and storm damage reduction, Delaware
Coast from Cape Henlopen to Fenwick Island, at a total cost of
$5,633,000, with an estimated Federal cost of $3,661,000 and an
estimated non-Federal cost of $1,972,000.
(11) Port sutton, florida.--The project for navigation,
Port Sutton, Florida, at a total cost of $6,000,000, with an
estimated Federal cost of $4,000,000 and an estimated non-
Federal cost of $2,000,000.
(12) Barbers point harbor, hawaii.--The project for
navigation, Barbers Point Harbor, Hawaii, at a total cost of
$30,003,000, with an estimated Federal cost of $18,524,000 and
an estimated non-Federal cost of $11,479,000.
(13) John myers lock and dam, indiana and kentucky.--The
project for navigation, John Myers Lock and Dam, Indiana and
Kentucky, at a total cost of $182,000,000. The costs of
construction of the project shall be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust Fund.
(14) Greenup lock and dam, kentucky and ohio.--The project
for navigation, Greenup Lock and Dam, Kentucky and Ohio, at a
total cost of $175,000,000. The costs of construction of the
project shall be paid \1/2\ from amounts appropriated from the
general fund of the Treasury and \1/2\ from amounts
appropriated from the Inland Waterways Trust Fund.
(15) Ohio river mainstem, kentucky, illinois, indiana,
ohio, pennsylvania, and west virginia.--Projects for ecosystem
restoration, Ohio River Mainstem, Kentucky, Illinois, Indiana,
Ohio, Pennsylvania, and West Virginia, at a total cost of
$307,700,000, with an estimated Federal cost of $200,000,000
and an estimated non-Federal cost of $107,700,000.
(16) Monarch-chesterfield, missouri.--The project for flood
damage reduction, Monarch-Chesterfield, Missouri, at a total
cost of $67,700,000, with an estimated Federal cost of
$44,000,000 and an estimated non-Federal cost of $23,700,000.
(17) Antelope creek, lincoln, nebraska.--The project for
flood damage reduction, Antelope Creek, Lincoln, Nebraska, at a
total cost of $49,788,000, with an estimated Federal cost of
$24,894,000 and an estimated non-Federal cost of $24,894,000.
(18) Sand creek watershed, wahoo, nebraska.--The project
for ecosystem restoration and flood damage reduction, Sand
Creek watershed, Wahoo, Nebraska, at a total cost of
$29,212,000, with an estimated Federal cost of $17,586,000 and
an estimated non-Federal cost of $11,626,000.
(19) Western sarpy and clear creek, nebraska.--The project
for flood damage reduction, Western Sarpy and Clear Creek,
Nebraska, at a total cost of $20,600,000, with an estimated
Federal cost of $13,390,000 and an estimated non-Federal cost
of $7,210,000.
(20) Raritan bay and sandy hook bay, cliffwood beach, new
jersey.--The project for hurricane and storm damage reduction,
Raritan Bay and Sandy Hook Bay, Cliffwood Beach, New Jersey, at
a total cost of $5,219,000, with an estimated Federal cost of
$3,392,000 and an estimated non-Federal cost of $1,827,000.
(21) Raritan bay and sandy hook bay, port monmouth, new
jersey.--The project for hurricane and storm damage reduction,
Raritan Bay and Sandy Hook Bay, Port Monmouth, New Jersey, at a
total cost of $32,064,000, with an estimated Federal cost of
$20,842,000 and an estimated non-Federal cost of $11,222,000.
(22) Dare county beaches, north carolina.--The project for
hurricane and storm damage reduction, Dare County beaches,
North Carolina, at a total cost of $69,518,000, with an
estimated Federal cost of $49,846,000 and an estimated non-
Federal cost of $19,672,000.
(23) Wolf river, tennessee.--The project for ecosystem
restoration, Wolf River, Tennessee, at a total cost of
$10,933,000, with an estimated Federal cost of $7,106,000 and
an estimated non-Federal cost of $3,827,000.
(24) Duwamish/green, washington.--The project for ecosystem
restoration, Duwamish/Green, Washington, at a total cost of
$115,879,000, with an estimated Federal cost of $75,322,000 and
an estimated non-Federal cost of $40,557,000.
(25) Stillagumaish river basin, washington.--The project
for ecosystem restoration, Stillagumaish River basin,
Washington, at a total cost of $24,223,000, with an estimated
Federal cost of $16,097,000 and an estimated non-Federal cost
of $8,126,000.
(26) Jackson hole, wyoming.--The project for ecosystem
restoration, Jackson Hole, Wyoming, at a total cost of
$52,242,000, with an estimated Federal cost of $33,957,000 and
an estimated non-Federal cost of $18,285,000.
SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.
(a) In General.--The Secretary shall conduct a study for each of
the following projects and, if the Secretary determines that a project
is feasible, may carry out the project under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s):
(1) Buffalo island, arkansas.--Project for flood damage
reduction, Buffalo Island, Arkansas.
(2) Anaverde creek, palmdale, california.--Project for
flood damage reduction, Anaverde Creek, Palmdale, California.
(3) Castaic creek, old road bridge, santa clarita,
california.--Project for flood damage reduction, Castaic Creek,
Old Road bridge, Santa Clarita, California.
(4) Santa clara river, old road bridge, santa clarita,
california.--Project for flood damage reduction, Santa Clara
River, Old Road bridge, Santa Clarita, California.
(5) Columbia levee, columbia, illinois.--Project for flood
damage reduction, Columbia Levee, Columbia, Illinois.
(6) East-west creek, riverton, illinois.--Project for flood
damage reduction, East-West Creek, Riverton, Illinois.
(7) Prairie du pont, illinois.--Project for flood damage
reduction, Prairie Du Pont, Illinois.
(8) Monroe county, illinois.--Project for flood damage
reduction, Monroe County, Illinois.
(9) Willow creek, meredosia, illinois.--Project for flood
damage reduction, Willow Creek, Meredosia, Illinois.
(10) Dykes branch channel, leawood, kansas.--Project for
flood damage reduction, Dykes Branch channel improvements,
Leawood, Kansas.
(11) Dykes branch tributaries, leawood, kansas.--Project
for flood damage reduction, Dykes Branch tributary
improvements, Leawood, Kansas.
(12) Kentucky river, frankfort, kentucky.--Project for
flood damage reduction, Kentucky River, Frankfort, Kentucky.
(13) Lakes maurepas and pontchartrain canals, st. john the
baptist parish, louisiana.--Project for flood damage reduction,
Lakes Maurepas and Pontchartrain Canals, St. John the Baptist
Parish, Louisiana.
(14) Pennsville township, salem county, new jersey.--The
project for flood damage reduction, Pennsville Township, Salem
County, New Jersey.
(15) Hempstead, new york.--Project for flood damage
reduction, Hempstead, New York.
(16) Highland brook, highland falls, new york.--Project for
flood damage reduction, Highland Brook, Highland Falls, New
York.
(17) Lafayette township, ohio.--Project for flood damage
reduction, Lafayette Township, Ohio.
(18) West lafayette, ohio.--Project for flood damage
reduction, West LaFayette, Ohio.
(19) Bear creek and tributaries, medford, oregon.--Project
for flood damage reduction, Bear Creek and tributaries,
Medford, Oregon.
(20) Delaware canal and brock creek, yardley borough,
pennsylvania.--Project for flood damage reduction, Delaware
Canal and Brock Creek, Yardley Borough, Pennsylvania.
(21) First creek, fountain city, knoxville, tennessee.--
Project for flood damage reduction, First Creek, Fountain City,
Knoxville, Tennessee.
(22) Mississippi river, ridgely, tennessee.--Project for
flood damage reduction, Mississippi River, Ridgely, Tennessee.
(b) Magpie Creek, Sacramento County, California.--In formulating
the project for Magpie Creek, California, authorized by section
102(a)(4) of the Water Resources Development Act of 1999 (113 Stat.
281) to be carried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), the Secretary shall consider benefits from the
full utilization of existing improvements at McClellan Air Force Base
that would result from the project after conversion of the base to
civilian use.
SEC. 103. SMALL PROJECTS FOR BANK STABILIZATION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r):
(1) Maumee river, fort wayne, indiana.--Project for bank
stabilization, Maumee River, Fort Wayne, Indiana.
(2) Bayou sorrell, iberville parish, louisiana.--Project
for bank stabilization, Bayou Sorrell, Iberville Parish,
Louisiana.
SEC. 104. SMALL PROJECTS FOR NAVIGATION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577):
(1) Whittier, alaska.--Project for navigation, Whittier,
Alaska.
(2) Cape coral, florida.--Project for navigation, Cape
Coral, Florida.
(3) East two lakes, tower, minnesota.--Project for
navigation, East Two Lakes, Tower, Minnesota.
(4) Erie basin marina, buffalo, new york.--Project for
navigation, Erie Basin marina, Buffalo, New York.
(5) Lake michigan, lakeshore state park, milwaukee,
wisconsin.--Project for navigation, Lake Michigan, Lakeshore
State Park, Milwaukee, Wisconsin.
(6) Saxon harbor, francis, wisconsin.--Project for
navigation, Saxon Harbor, Francis, Wisconsin.
SEC. 105. SMALL PROJECT FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
The Secretary shall conduct a study for a project for improvement
of the quality of the environment, Nahant Marsh, Davenport, Iowa, and,
if the Secretary determines that the project is appropriate, may carry
out the project under section 1135(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(a)).
SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330):
(1) Arkansas river, pueblo, colorado.--Project for aquatic
ecosystem restoration, Arkansas River, Pueblo, Colorado.
(2) Hayden diversion project, yampa river, colorado.--
Project for aquatic ecosystem restoration, Hayden Diversion
Project, Yampa River, Colorado.
(3) Little econlockhatchee river basin, florida.--Project
for aquatic ecosystem restoration, Little Econlockhatchee River
basin, Florida.
(4) Loxahatchee slough, palm beach county, florida.--
Project for aquatic ecosystem restoration, Loxahatchee Slough,
Palm Beach County, Florida.
(5) Stevenson creek estuary, florida.--Project for aquatic
ecosystem restoration, Stevenson Creek estuary, Florida.
(6) Chouteau island, madison county, illinois.--Project for
aquatic ecosystem restoration, Chouteau Island, Madison County,
Illinois.
(7) Saginaw bay, bay city, michigan.--Project for aquatic
ecosystem restoration, Saginaw Bay, Bay City, Michigan.
(8) Rainwater basin, nebraska.--Project for aquatic
ecosystem restoration, Rainwater Basin, Nebraska.
(9) Cazenovia lake, madison county, new york.--Project for
aquatic ecosystem restoration, Cazenovia Lake, Madison County,
New York, including efforts to address aquatic invasive plant
species.
(10) Chenango lake, chenango county, new york.--Project for
aquatic ecosystem restoration, Chenango Lake, Chenango County,
New York, including efforts to address aquatic invasive plant
species.
(11) Eagle lake, new york.--Project for aquatic ecosystem
restoration, Eagle Lake, New York.
(12) Ossining, new york.--Project for aquatic ecosystem
restoration, Ossining, New York.
(13) Saratoga lake, new york.--Project for aquatic
ecosystem restoration, Saratoga Lake, New York.
(14) Schroon lake, new york.--Project for aquatic ecosystem
restoration, Schroon Lake, New York.
(15) Middle cuyahoga river.--Project for aquatic ecosystem
restoration, Middle Cuyahoga River, Kent, Ohio.
(16) Central amazon creek, eugene, oregon.--Project for
aquatic ecosystem restoration, Central Amazon Creek, Eugene,
Oregon.
(17) Eugene millrace, eugene, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Eugene, Oregon.
(18) Lone pine and lazy creeks, medford, oregon.--Project
for aquatic ecosystem restoration, Lone Pine and Lazy Creeks,
Medford, Oregon.
(19) Tullytown borough, pennsylvania.--Project for aquatic
ecosystem restoration, Tullytown Borough, Pennsylvania.
SEC. 107. SMALL PROJECT FOR SHORELINE PROTECTION.
The Secretary shall conduct a study for a project for shoreline
protection, Hudson River, Dutchess County, New York, and, if the
Secretary determines that the project is feasible, may carry out the
project under section 3 of the Act entitled ``An Act authorizing
Federal participation in the cost of protecting the shores of publicly
owned property'', approved August 13, 1946 (33 U.S.C. 426g; 60 Stat.
1056).
SEC. 108. SMALL PROJECT FOR SNAGGING AND SEDIMENT REMOVAL.
The Secretary shall conduct a study for a project for clearing,
snagging, and sediment removal, Sangamon River and tributaries,
Riverton, Illinois. If the Secretary determines that the project is
feasible, the Secretary may carry out the project under section 2 of
the Flood Control Act of August 28, 1937 (50 Stat. 177).
SEC. 109. PETALUMA RIVER, PETALUMA, CALIFORNIA.
(a) In General.--The Secretary shall carry out the Petaluma River
project, at the city of Petaluma, Sonoma County, California, to provide
a 100-year level of flood protection to the city in accordance with the
detailed project report of the San Francisco District Engineer, dated
March 1995, at a total cost of $32,227,000.
(b) Cost Sharing.--Cost sharing for the project shall be determined
in accordance with section 103(a) of the Water Resources Development
Act of 1986 (33 U.S.C. 2213(a)), as in effect on October 11, 1996.
(c) Reimbursement.--The Secretary shall reimburse the non-Federal
sponsor for any project costs that the non-Federal sponsor has incurred
in excess of the non-Federal share of project costs, regardless of the
date such costs were incurred.
TITLE II--GENERAL PROVISIONS
SEC. 201. COST SHARING OF CERTAIN FLOOD DAMAGE REDUCTION PROJECTS.
Section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213) is amended by adding at the end the following:
``(n) Level of Flood Protection.--If the Secretary determines that
it is technically sound, environmentally acceptable, and economically
justified, to construct a flood control project for an area using an
alternative that will afford a level of flood protection sufficient for
the area not to qualify as an area having special flood hazards for the
purposes of the national flood insurance program under the National
Flood Insurance Act of 1968 (42 U.S.C. 4001 et seq.), the Secretary, at
the request of the non-Federal interest, shall recommend the project
using the alternative. The non-Federal share of the cost of the project
assigned to providing the minimum amount of flood protection required
for the area not to qualify as an area having special flood hazards
shall be determined under subsections (a) and (b).''.
SEC. 202. HARBOR COST SHARING.
(a) In General.--Sections 101 and 214 of the Water Resources
Development Act of 1986 (33 U.S.C. 2211 and 2241; 100 Stat. 4082-4084
and 4108-4109) are each amended by striking ``45 feet'' each place it
appears and inserting ``53 feet''.
(b) Applicability.--The amendments made by subsection (a) shall
apply only to a project, or separable element of a project, on which a
contract for physical construction has not been awarded before the date
of enactment of this Act.
SEC. 203. NONPROFIT ENTITIES.
(a) Environmental Dredging.--Section 312 of the Water Resources
Development Act of 1990 (33 U.S.C. 1272) is amended by adding at the
end the following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal sponsor for any
project carried out under this section may include a nonprofit entity,
with the consent of the affected local government.''.
(b) Project Modifications for Improvement of Environment.--Section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a)
is amended by redesignating subsection (e) as subsection (f) and by
inserting after subsection (d) the following:
``(e) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal sponsor for any
project carried out under this section may include a nonprofit entity,
with the consent of the affected local government.''.
(c) Lakes Program.--Section 602 of the Water Resources Development
Act of 1986 (100 Stat. 4148-4149) is amended by redesignating
subsection (d) as subsection (e) and by inserting after subsection (c)
the following:
``(d) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal sponsor for any
project carried out under this section may include a nonprofit entity,
with the consent of the affected local government.''.
SEC. 204. REHABILITATION OF FEDERAL FLOOD CONTROL LEVEES.
Section 110(e) of the Water Resources Development Act of 1990 (104
Stat. 4622) is amended by striking ``1992,'' and all that follows
through ``1996'' and inserting ``2001 through 2005''.
SEC. 205. FLOOD MITIGATION AND RIVERINE RESTORATION PROGRAM.
Section 212(e) of the Water Resources Development Act of 1999 (33
U.S.C. 2332(e)) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at end of paragraph (23) and
inserting a semicolon;
(3) by adding at the end the following:
``(24) Lester, St. Louis, East Savanna, and Floodwood
Rivers, Duluth, Minnesota;
``(25) Lower Hudson River and tributaries, New York;
``(26) Susquehanna River watershed, Bradford County,
Pennsylvania; and
``(27) Clear Creek, Harris, Galveston, and Brazoria
Counties, Texas.''.
SEC. 206. TRIBAL PARTNERSHIP PROGRAM.
(a) In General.--The Secretary is authorized, in cooperation with
Indian tribes and other Federal agencies, to study and determine the
feasibility of implementing water resources development projects that
will substantially benefit Indian tribes, and are located primarily
within Indian country (as defined in section 1151 of title 18, United
States Code), or in proximity to an Alaska Native village (as defined
in, or established pursuant to, the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)).
(b) Consultation and Coordination.--The Secretary shall consult
with the Secretary of the Interior on studies conducted under this
section.
(c) Credits.--For any study conducted under this section, the
Secretary may provide credit to the Indian tribe for services, studies,
supplies, and other in-kind consideration where the Secretary
determines that such services, studies, supplies, and other in-kind
consideration will facilitate completion of the study. In no event
shall such credit exceed the Indian tribe's required share of the cost
of the study.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for each of fiscal
years 2002 through 2006. Not more than $1,000,000 appropriated to carry
out this section for a fiscal year may be used to substantially benefit
any one Indian tribe.
(e) Indian Tribe Defined.--In this section, the term ``Indian
tribe'' means any tribe, band, nation, or other organized group or
community of Indians, including any Alaska Native village, which is
recognized as eligible for the special programs and services provided
by the United States to Indians because of their status as Indians.
SEC. 207. NATIVE AMERICAN REBURIAL AND TRANSFER AUTHORITY.
(a) In General.--The Secretary, in consultation with appropriate
Indian tribes, may identify and set aside land at civil works projects
managed by the Secretary for use as a cemetery for the remains of
Native Americans that have been discovered on project lands and that
have been rightfully claimed by a lineal descendant or Indian tribe in
accordance with applicable Federal law. The Secretary, in consultation
with and with the consent of the lineal descendant or Indian tribe, may
recover and rebury the remains at such cemetery at Federal expense.
(b) Transfer Authority.--Notwithstanding any other provision of
law, the Secretary may transfer to an Indian tribe land identified and
set aside by the Secretary under subsection (a) for use as a cemetery.
The Secretary shall retain any necessary rights-of-way, easements, or
other property interests that the Secretary determines necessary to
carry out the purpose of the project.
(c) Definitions.--In this section, the terms ``Indian tribe'' and
``Native American'' have the meaning such terms have under section 2 of
the Native American Graves Protection and Repatriation Act (25 U.S.C.
3001).
SEC. 208. ABILITY TO PAY.
Section 103(m) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(m)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Any cost-sharing agreement under this
section for construction of an environmental protection and
restoration, flood control, or agricultural water supply
project shall be subject to the ability of a non-Federal
interest to pay.
``(2) Criteria and procedures.--The ability of a non-
Federal interest to pay shall be determined by the Secretary in
accordance with criteria and procedures in effect under
paragraph (3) on the day before the date of enactment of the
Water Resources Development Act of 2000; except that such
criteria and procedures shall be revised, and new criteria and
procedures shall be developed, within 180 days after such date
of enactment to reflect the requirements of such paragraph
(3).''; and
(2) in paragraph (3)--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 209. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
The first sentence of section 234(d) of the Water Resources
Development Act of 1996 (33 U.S.C. 2323a(d)) is amended to read as
follows: ``There is authorized to be appropriated to carry out this
section $250,000 per fiscal year for fiscal years beginning after
September 30, 2000.''.
SEC. 210. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary is authorized to implement a program
to reduce vandalism and destruction of property at water resources
development projects under the jurisdiction of the Department of the
Army. In carrying out the program, the Secretary may provide rewards to
individuals who provide information or evidence leading to the arrest
and prosecution of individuals causing damage to Federal property,
including the payment of cash rewards.
(b) Report.--Not later than 4 years after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the program.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 per fiscal year for
fiscal years beginning after September 30, 2000.
SEC. 211. ENGINEERING CONSULTING SERVICES.
In conducting a feasibility study for a water resources project,
the Secretary, to the maximum extent practicable, should not employ a
person for engineering and consulting services if the same person is
also employed by the non-Federal interest for such services unless
there is only 1 qualified and responsive bidder for such services.
SEC. 212. BEACH RECREATION.
(a) In General.--In studying the feasibility of and making
recommendations concerning potential beach restoration projects, the
Secretary may not implement any policy that has the effect of
disadvantaging any such project solely because 50 percent or more of
its benefits are recreational in nature.
(b) Procedures for Consideration and Reporting of Benefits.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall develop and implement procedures to ensure that all of
the benefits of a beach restoration project, including those benefits
attributable to recreation, hurricane and storm damage reduction, and
environmental protection and restoration, are adequately considered and
displayed in reports for such projects.
SEC. 213. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) In General.--Before entering into an agreement to perform
specialized or technical services for a State (including the District
of Columbia), a territory, or a local government of a State or
territory under section 6505 of title 31, United States Code, the
Secretary shall certify that--
(1) the services requested are not reasonably and
expeditiously available through ordinary business channels; and
(2) the Corps of Engineers is especially equipped to
perform such services.
(b) Supporting Materials.--The Secretary shall develop materials
supporting such certification under subsection (a).
(c) Annual Report to Congress.--
(1) In general.--Not later than December 31 of each
calendar year, the Secretary shall transmit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report on the requests described in
subsection (a) that the Secretary received during such calendar
year.
(2) Contents.--With respect to each request, the report
transmitted under paragraph (1) shall include a copy of the
certification and supporting materials developed under this
section and information on each of the following:
(A) The scope of services requested.
(B) The status of the request.
(C) The estimated and final cost of the requested
services.
(D) Each district and division office of the Corps
of Engineers that has supplied or will supply the
requested services.
(E) The number of personnel of the Corps of
Engineers that have performed or will perform any of
the requested services.
(F) The status of any reimbursement.
SEC. 214. DESIGN-BUILD CONTRACTING.
(a) Pilot Program.--The Secretary may conduct a pilot program
consisting of not more than 5 projects to test the design-build method
of project delivery on various civil engineering projects of the Corps
of Engineers, including levees, pumping plants, revetments, dikes,
dredging, weirs, dams, retaining walls, generation facilities, mattress
laying, recreation facilities, and other water resources facilities.
(b) Design-Build Defined.--In this section, the term ``design-
build'' means an agreement between the Federal Government and a
contractor that provides for both the design and construction of a
project by a single contract.
(c) Report.--Not later than 2 years after the date of enactment of
this section, the Secretary shall report on the results of the pilot
program.
SEC. 215. INDEPENDENT REVIEW PILOT PROGRAM.
Title IX of the Water Resources Development Act of 1986 (100 Stat.
4183 et seq.) is amended by adding at the end the following:
``SEC. 952. INDEPENDENT REVIEW PILOT PROGRAM.
``(a) Projects Subject to Independent Review.--The Secretary shall
undertake a pilot program in fiscal years 2001 through 2003 to
determine the practicality and efficacy of having feasibility reports
of the Corps of Engineers for eligible projects reviewed by an
independent panel of experts. The pilot program shall be limited to the
establishment of panels for not to exceed 5 eligible projects.
``(b) Establishment of Panels.--
``(1) In general.--The Secretary shall establish a panel of
experts for an eligible project under this section upon
identification of a preferred alternative in the development of
the feasibility report.
``(2) Membership.--A panel established under this section
shall be composed of not less than 5 and not more than 9
independent experts who represent a balance of areas of
expertise, including biologists, engineers, and economists.
``(3) Limitation on appointments.--The Secretary shall not
appoint an individual to serve on a panel of experts for a
project under this section if the individual has a financial
interest in the project or has with any organization a
professional relationship that the Secretary determines may
constitute a conflict of interest or the appearance of
impropriety.
``(4) Consultation.--The Secretary shall consult the
National Academy of Sciences in developing lists of individuals
to serve on panels of experts under this section.
``(5) Compensation.--An individual serving on a panel of
experts under this section may not be compensated but may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.
``(c) Duties of Panels.--A panel of experts established for a
project under this section shall--
``(1) review feasibility reports prepared for the project
after the identification of a preferred alternative;
``(2) receive written and oral comments of a technical
nature concerning the project from the public; and
``(3) transmit to the Secretary an evaluation containing
the panel's economic, engineering, and environmental analyses
of the project, including the panel's conclusions on the
feasibility report, with particular emphasis on areas of public
controversy.
``(d) Duration of Project Reviews.--A panel of experts shall
complete its review of a feasibility report for an eligible project and
transmit a report containing its evaluation of the project to the
Secretary not later than 180 days after the date of establishment of
the panel.
``(e) Recommendations of Panel.--After receiving a timely report on
a project from a panel of experts under this section, the Secretary
shall--
``(1) consider any recommendations contained in the
evaluation;
``(2) make the evaluation available for public review; and
``(3) include a copy of the evaluation in any report
transmitted to Congress concerning the project.
``(f) Costs.--The cost of conducting a review of a project under
this section shall not exceed $250,000 and shall be a Federal expense.
``(g) Report.--Not later than December 31, 2003, the Secretary
shall transmit to Congress a report on the results of the pilot program
together with the recommendations of the Secretary regarding
continuation, expansion, and modification of the pilot program,
including an assessment of the impact that a peer review program would
have on the overall cost and length of project analyses and reviews
associated with feasibility reports and an assessment of the benefits
of peer review.
``(h) Eligible Project Defined.--In this section, the term
`eligible project' means--
``(1) a water resources project that has an estimated total
cost of more than $25,000,000, including mitigation costs; and
``(2) a water resources project--
``(A) that has an estimated total cost of
$25,000,000 or less, including mitigation costs; and
``(B)(i) that the Secretary determines is subject
to a substantial degree of public controversy; or
``(ii) to which an affected State objects.''.
SEC. 216. ENHANCED PUBLIC PARTICIPATION.
(a) In General.--Section 905 of the Water Resources Development Act
of 1986 (33 U.S.C. 2282) is amended by adding at the end the following:
``(e) Enhanced Public Participation.--
``(1) In general.--The Secretary shall establish procedures
to enhance public participation in the development of each
feasibility study under subsection (a), including, if
appropriate, establishment of a stakeholder advisory group to
assist the Secretary with the development of the study.
``(2) Membership.--If the Secretary provides for the
establishment of a stakeholder advisory group under this
subsection, the membership of the advisory group shall include
balanced representation of social, economic, and environmental
interest groups, and such members shall serve on a voluntary,
uncompensated basis.
``(3) Limitation.--Procedures established under this
subsection shall not delay development of any feasibility study
under subsection (a).''.
SEC. 217. MONITORING.
(a) In General.--The Secretary shall conduct a monitoring program
of the economic and environmental results of up to 5 eligible projects
selected by the Secretary.
(b) Duration.--The monitoring of a project selected by the
Secretary under this section shall be for a period of not less than 12
years beginning on the date of its selection.
(c) Reports.--The Secretary shall transmit to Congress every 3
years a report on the performance of each project selected under this
section.
(d) Eligible Water Resources Project Defined.--In this section, the
term ``eligible project'' means a water resources project, or separable
element thereof--
(1) for which a contract for physical construction has not
been awarded before the date of enactment of this Act;
(2) that has a total cost of more than $25,000,000; and
(3)(A) that has as a benefit-to-cost ratio of less than 1.5
to 1; or
(B) that has significant environmental benefits or
significant environmental mitigation components.
(e) Costs.--The cost of conducting monitoring under this section
shall be a Federal expense.
SEC. 218. RECONNAISSANCE STUDIES.
Section 905(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2282(b)) is amended--
(1) in the second sentence by inserting after
``environmental impacts'' the following: ``(including whether a
proposed project is likely to have environmental impacts that
cannot be successfully or cost-effectively mitigated)''; and
(2) by inserting after the second sentence the following:
``The Secretary shall not recommend that a feasibility study be
conducted for a project based on a reconnaissance study if the
Secretary determines that the project is likely to have
environmental impacts that cannot be successfully or cost-
effectively mitigated.''.
SEC. 219. FISH AND WILDLIFE MITIGATION.
(a) Design of Mitigation Projects.--Section 906(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(a)) is amended--
(1) by striking ``(1)'' and inserting ``(A)''; and
(2) by striking ``(2)'' and inserting ``(B)'';
(3) by striking ``(d) After the date'' and inserting the
following:
``(d) Mitigation Plans as Part of Project Proposals.--
``(1) In general.--After the date'';
(4) by adding at the end the following:
``(2) Design of mitigation projects.--The Secretary shall
design mitigation projects to reflect contemporary
understanding of the science of mitigating the adverse
environmental impacts of water resources projects.
``(3) Recommendation of projects.--The Secretary shall not
recommend a water resources project unless the Secretary
determines that the adverse impacts of the project on aquatic
resources and fish and wildlife can be cost-effectively and
successfully mitigated.''; and
(5) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (3) of this subsection) with
paragraph (2) (as added by paragraph (4) of this subsection).
(b) Concurrent Mitigation.--
(1) Investigation.--The Comptroller General shall conduct
an investigation of the effectiveness of the concurrent
mitigation requirements of section 906 of the Water Resources
Development Act of 1986 (33 U.S.C. 2283). In conducting the
investigation, the Comptroller General shall determine whether
or not there are instances in which less than 50 percent of
required mitigation is completed before initiation of project
construction and the number of such instances.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall transmit
to Congress a report on the results of the investigation.
SEC. 220. WETLANDS MITIGATION.
In carrying out a water resources project that involves wetlands
mitigation and that has an impact that occurs within the service area
of a mitigation bank, the Secretary, to the maximum extent practicable
and where appropriate, shall give preference to the use of the
mitigation bank if the bank contains sufficient available credits to
offset the impact and the bank is approved in accordance with the
Federal Guidance for the Establishment, Use and Operation of Mitigation
Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable
Federal law (including regulations).
SEC. 221. CREDIT TOWARD NON-FEDERAL SHARE OF NAVIGATION PROJECTS.
The second sentence of section 101(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(2)) is amended--
(1) by striking ``paragraph (3) and'' and inserting
``paragraph (3),''; and
(2) by striking ``paragraph (4)'' and inserting ``paragraph
(4), and the costs borne by the non-Federal interests in
providing additional capacity at dredged material disposal
areas, providing community access to the project (including
such disposal areas), and meeting applicable beautification
requirements''.
SEC. 222. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD CONTROL
PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended by striking ``$40,000,000'' and inserting ``$50,000,000''.
SEC. 223. FEASIBILITY STUDIES AND PLANNING, ENGINEERING, AND DESIGN.
Section 105(a)(1)(E) of the Water Resources Development Act of 1986
(33 U.S.C. 2215(a)(1)(E)) is amended by striking ``Not more than \1/2\
of the'' and inserting ``The''.
SEC. 224. ADMINISTRATIVE COSTS OF LAND CONVEYANCES.
(a) In General.--Notwithstanding any other provision of law, the
administrative costs associated with the conveyance of property to a
non-Federal governmental or nonprofit entity shall be limited to not
more than 5 percent of the value of the property to be conveyed to such
entity if the Secretary determines, based on the entity's ability to
pay, that such limitation is necessary to complete the conveyance. The
Federal cost associated with such limitation shall not exceed $70,000
for any one conveyance.
(b) Specific Conveyance.--In carrying out subsection (a), the
Secretary shall give priority consideration to the conveyance of 10
acres of Wister Lake project land to the Summerfield Cemetery
Association, Wister, Oklahoma, authorized by section 563(f) of the
Water Resources Development Act of 1999 (113 Stat. 359-360).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $150,000 for fiscal years 2001
through 2003.
SEC. 225. DAM SAFETY.
(a) Inventory and Assessment of Other Dams.--
(1) Inventory.--The Secretary shall establish an inventory
of dams constructed by and using funds made available through
the Works Progress Administration, the Works Projects
Administration, and the Civilian Conservation Corps.
(2) Assessment of rehabilitation needs.--In establishing
the inventory required under paragraph (1), the Secretary shall
also assess the condition of the dams on such inventory and the
need for rehabilitation or modification of the dams.
(b) Report to Congress.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall transmit to Congress a
report containing the inventory and assessment required by this
section.
(c) Interim Actions.--
(1) In general.--If the Secretary determines that a dam
referred to in subsection (a) presents an imminent and
substantial risk to public safety, the Secretary is authorized
to carry out measures to prevent or mitigate against such risk.
(2) Exclusion.--The assistance authorized under paragraph
(1) shall not be available to dams under the jurisdiction of
the Department of the Interior.
(3) Federal share.--The Federal share of the cost of
assistance provided under this subsection shall be 65 percent
of such cost.
(d) Coordination.--In carrying out this section, the Secretary
shall coordinate with the appropriate State dam safety officials and
the Director of the Federal Emergency Management Agency.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $25,000,000 for
fiscal years beginning after September 30, 1999, of which not more than
$5,000,000 may be expended on any one dam.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. NOGALES WASH AND TRIBUTARIES, NOGALES, ARIZONA.
The project for flood control, Nogales Wash and Tributaries,
Nogales, Arizona, authorized by section 101(a)(4) of the Water
Resources Development Act of 1990 (104 Stat. 4606), and modified by
section 303 of the Water Resources Development Act of 1996 (110 Stat.
3711), is further modified to provide that the Federal share of the
costs associated with addressing flood control problems in Nogales,
Arizona, arising from floodwater flows originating in Mexico shall be
100 percent.
SEC. 302. JOHN PAUL HAMMERSCHMIDT VISITOR CENTER, FORT SMITH, ARKANSAS.
Section 103(e) of the Water Resources Development Act of 1992 (106
Stat. 4813) is amended--
(1) in the subsection heading by striking ``Lake'' and
inserting ``Visitor Center''; and
(2) in paragraph (1) by striking ``at the John Paul
Hammerschmidt Lake, Arkansas River, Arkansas'' and inserting
``on property provided by the city of Fort Smith, Arkansas, in
such city''.
SEC. 303. GREERS FERRY LAKE, ARKANSAS.
The project for flood control, Greers Ferry Lake, Arkansas,
authorized by the Act entitled ``An Act authorizing the construction of
certain public works on rivers and harbors for flood control, and other
purposes'', approved June 28, 1938 (52 Stat. 1218), is modified to
authorize the Secretary to construct water intake facilities for the
benefit of Lonoke and White Counties, Arkansas.
SEC. 304. TEN- AND FIFTEEN-MILE BAYOUS, ARKANSAS.
The project for flood control, Saint Francis River Basin, Missouri
and Arkansas, authorized by section 204 of the Flood Control Act of
1950 (64 Stat. 172), is modified to expand the boundaries of the
project to include Ten- and Fifteen-Mile Bayous near West Memphis,
Arkansas. Notwithstanding section 103(f) of the Water Resources
Development Act of 1986 (100 Stat. 4086), the flood control work at
Ten- and Fifteen-Mile Bayous shall not be considered separable elements
of the project.
SEC. 305. CACHE CREEK BASIN, CALIFORNIA.
The project for flood control, Cache Creek Basin, California,
authorized by section 401(a) of the Water Resources Development Act of
1986 (100 Stat. 4112), is modified to direct the Secretary to evaluate
the impacts of the new south levee of the Cache Creek settling basin on
the city of Woodland's storm drainage system and to mitigate such
impacts at Federal expense and a total cost of $2,800,000.
SEC. 306. LARKSPUR FERRY CHANNEL, LARKSPUR, CALIFORNIA.
The project for navigation, Larkspur Ferry Channel, Larkspur,
California, authorized by section 601(d) of the Water Resources
Development Act of 1986 (100 Stat. 4148), is modified to direct the
Secretary to prepare a limited reevaluation report to determine whether
maintenance of the project is technically sound, environmentally
acceptable, and economically justified. If the Secretary determines
that maintenance of the project is technically sound, environmentally
acceptable, and economically justified, the Secretary shall carry out
the maintenance.
SEC. 307. NORCO BLUFFS, RIVERSIDE COUNTY, CALIFORNIA.
Section 101(b)(4) of the Water Resources Development Act of 1996
(110 Stat. 3667) is amended by striking ``$8,600,000'' and all that
follows through ``$2,150,000'' and inserting ``$15,000,000, with an
estimated Federal cost of $11,250,000 and an estimated non-Federal cost
of $3,750,000''.
SEC. 308. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.
The project for navigation, Sacramento Deep Water Ship Channel,
California, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4092), is modified to authorize the
Secretary to provide credit to the non-Federal interest toward the non-
Federal share of the cost of the project for the value of dredged
material from the project that is purchased by public agencies or
nonprofit entities for environmental restoration or other beneficial
uses.
SEC. 309. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.
The project for flood control, Sacramento River, California,
authorized by section 2 of the Act entitled ``An Act to provide for the
control of the floods of the Mississippi River and of the Sacramento
River, California, and for other purposes'', approved March 1, 1917 (39
Stat. 949), and modified by section 102 of the Energy and Water
Development Appropriations Act, 1990 (103 Stat. 649), section 301(b)(3)
of the Water Resources Development Act of 1996 (110 Stat. 3110), title
I of the Energy and Water Development Appropriations Act, 1999 (112
Stat. 1841), and section 305 of the Water Resources Development Act of
1999 (113 Stat. 299), is further modified to direct the Secretary to
provide the non-Federal interest a credit of up to $4,000,000 toward
the non-Federal share of the cost of the project for direct and
indirect costs incurred by the non-Federal interest in carrying out
activities (including the provision of lands, easements, rights-of-way,
relocations, and dredged material disposal areas) associated with
environmental compliance for the project if the Secretary determines
that the activities are integral to the project. If any of such costs
were incurred by the non-Federal interests before execution of the
project cooperation agreement, the Secretary may reimburse the non-
Federal interest for such pre-agreement costs instead of providing a
credit for such pre-agreement costs to the extent that the amount of
the credit exceeds the remaining non-Federal share of the cost of the
project.
SEC. 310. UPPER GUADALUPE RIVER, CALIFORNIA.
The project for flood damage reduction and recreation, Upper
Guadalupe River, California, authorized by section 101(a)(9) of the
Water Resources Development Act of 1999 (113 Stat. 275), is modified to
provide that the non-Federal share of the cost of the project shall be
50 percent, with an estimated Federal cost and non-Federal cost of
$70,164,000 each.
SEC. 311. BREVARD COUNTY, FLORIDA.
(a) Inclusion of Reach.--The project for shoreline protection,
Brevard County, Florida, authorized by section 101(b)(7) of the Water
Resources Development Act of 1996 (110 Stat. 3667), is modified to
provide that, notwithstanding section 902 of the Water Resources
Development Act of 1986, the Secretary may incorporate in the project
any or all of the 7.1-mile reach of the project that was deleted from
the south reach of the project, as described in paragraph (5) of the
Report of the Chief of Engineers, dated December 23, 1996, if the
Secretary determines, in coordination with appropriate local, State,
and Federal agencies, that the project as modified is technically
sound, environmentally acceptable, and economically justified.
(b) Clarification.--Section 310(a) of the Water Resources
Development Act of 1999 (113 Stat. 301) is amended by inserting
``shoreline associated with the'' after ``damage to the''.
SEC. 312. FERNANDINA HARBOR, FLORIDA.
The project for navigation, Fernandina Harbor, Florida, authorized
by the first section of the Act entitled ``An Act making appropriations
for the construction, repair, completion, and preservation of certain
works on rivers and harbors, and for other purposes'', approved June
14, 1880 (21 Stat. 186), is modified to authorize the Secretary to
realign the access channel in the vicinity of the Fernandina Beach
Municipal Marina 100 feet to the west. The cost of the realignment,
including acquisition of lands, easements, rights-of-way, and dredged
material disposal areas and relocations, shall be a non-Federal
expense.
SEC. 313. TAMPA HARBOR, FLORIDA.
The project for navigation, Tampa Harbor, Florida, authorized by
section 4 of the Rivers and Harbors Act of September 22, 1922 (42 Stat.
1042), is modified to authorize the Secretary to deepen and widen the
Alafia Channel in accordance with the plans described in the Draft
Feasibility Report, Alafia River, Tampa Harbor, Florida, dated May
2000, at a total cost of $61,592,000, with an estimated Federal cost of
$39,621,000 and an estimated non-Federal cost of $21,971,000.
SEC. 314. EAST SAINT LOUIS AND VICINITY, ILLINOIS.
The project for flood protection, East Saint Louis and vicinity,
Illinois (East Side levee and sanitary district), authorized by section
204 of the Flood Control Act of 1965 (79 Stat. 1082), is modified to
include ecosystem restoration as a project purpose.
SEC. 315. KASKASKIA RIVER, KASKASKIA, ILLINOIS.
The project for navigation, Kaskaskia River, Kaskaskia, Illinois,
authorized by section 101 of the River and Harbor Act of 1962 (76 Stat.
1175), is modified to include recreation as a project purpose.
SEC. 316. WAUKEGAN HARBOR, ILLINOIS.
The project for navigation, Waukegan Harbor, Illinois, authorized
by the first section of the Act entitled ``An Act making appropriations
for the construction, repair, completion, and preservation of certain
works on rivers and harbors, and for other purposes'', approved June
14, 1880 (21 Stat. 192), is modified to authorize the Secretary to
extend the upstream limit of the project 275 feet to the north at a
width of 375 feet if the Secretary determines that the extension is
feasible.
SEC. 317. CUMBERLAND, KENTUCKY.
Using continuing contracts, the Secretary shall initiate
construction of the flood control project, Cumberland, Kentucky,
authorized by section 202(a) of the Energy and Water Development
Appropriations Act, 1981 (94 Stat. 1339), in accordance with option 4
contained in the draft detailed project report of the Nashville
District, dated September 1998, to provide flood protection from the
100-year frequency flood event and to share all costs in accordance
with section 103 of the Water Resources Development Act of 1986 (33
U.S.C. 2213).
SEC. 318. LOCK AND DAM 10, KENTUCKY RIVER, KENTUCKY.
(a) In General.--The Secretary may take all necessary measures to
further stabilize and renovate Lock and Dam 10 at Boonesborough,
Kentucky, with the purpose of extending the design life of the
structure by an additional 50 years, at a total cost of $24,000,000,
with an estimated Federal cost of $12,000,000 and an estimated non-
Federal cost of $12,000,000.
(b) Definitions.--For purposes of this section, the term
``stabilize and renovate'' includes the following activities:
stabilization of the main dam, auxiliary dam and lock; renovation of
all operational aspects of the lock; and elevation of the main and
auxiliary dams.
SEC. 319. SAINT JOSEPH RIVER, SOUTH BEND, INDIANA.
Section 321(a) of the Water Resources Development Act of 1999 (113
Stat. 303) is amended--
(1) in the subsection heading by striking ``Total'' and
inserting ``Federal''; and
(2) by striking ``total'' and inserting ``Federal''.
SEC. 320. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY.
The project for flood control, Mayfield Creek and tributaries,
Kentucky, carried out under section 205 of the Flood Control Act of
1948 (33 U.S.C. 701s), is modified to provide that the non-Federal
interest shall not be required to pay the unpaid balance, including
interest, of the non-Federal share of the cost of the project.
SEC. 321. AMITE RIVER AND TRIBUTARIES, EAST BATON ROUGE PARISH,
LOUISIANA.
The project for flood damage reduction and recreation, Amite River
and Tributaries, East Baton Rouge Parish, Louisiana, authorized by
section 101(a)(21) of the Water Resources Development Act of 1999 (113
Stat. 277), is modified to provide that cost sharing for the project
shall be determined in accordance with section 103(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213), as in effect on
October 11, 1996.
SEC. 322. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOUISIANA.
The Atchafalaya Basin Floodway System project, authorized by
section 601 of the Water Resources Development Act of 1986 (100 Stat.
4142), is modified to authorize the Secretary to construct the visitor
center and other recreational features identified in the 1982 project
feasibility report of the Corps of Engineers at or near the Lake End
Park in Morgan City, Louisiana.
SEC. 323. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK, LOUISIANA.
The project for navigation Atchafalaya River and Bayous Chene,
Boeuf, and Black, Louisiana, authorized by section 101 of the River and
Harbor Act of 1968 (82 Stat. 731), is modified to direct the Secretary
to investigate the problems associated with the mixture of freshwater,
saltwater, and fine river silt in the channel and to develop and carry
out a solution to the problem if the Secretary determines that the work
is technically sound, environmentally acceptable, and economically
justified.
SEC. 324. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife loses, Red River
Waterway, Louisiana, authorized by section 601(a) of the Water
Resources Development Act of 1986 (100 Stat. 4142) and modified by
section 4(h) of the Water Resources Development Act of 1988 (102 Stat.
4016), section 102(p) of the Water Resources Development Act of 1990
(104 Stat. 4613), and section 301(b)(7) of the Water Resources
Development Act of 1996 (110 Stat. 3710), is further modified to
authorize the Secretary to purchase mitigation lands in any of the 7
parishes that make up the Red River Waterway District, including the
parishes of Caddo, Bossier, Red River, Natchitoches, Grant, Rapides,
and Avoyelles.
SEC. 325. THOMASTON HARBOR, GEORGES RIVER, MAINE.
The project for navigation, Georges River, Maine (Thomaston
Harbor), authorized by the first section of the Act entitled ``An Act
making appropriations for the construction, repair, and preservation of
certain public works on rivers and harbors, and for other purposes'',
approved June 3, 1896 (29 Stat. 215), is modified to redesignate the
following portion of the project as an anchorage area: The portion
lying northwesterly of a line commencing at point N86,946.770,
E321,303.830 thence running northeasterly about 203.67 feet to a point
N86,994.750, E321,501.770.
SEC. 326. BRECKENRIDGE, MINNESOTA.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project for flood control,
Breckenridge, Minnesota, carried out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s), shall be $10,500,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project described in
subsection (a) to take into account the change in the Federal
participation in the project in accordance with this section.
SEC. 327. DULUTH HARBOR, MINNESOTA.
The project for navigation, Duluth Harbor, Minnesota, carried out
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
is modified to include the relocation of Scenic Highway 61, including
any required bridge construction.
SEC. 328. LITTLE FALLS, MINNESOTA.
The project for clearing, snagging, and sediment removal, East Bank
of the Mississippi River, Little Falls, Minnesota, authorized under
section 3 of the Act entitled ``An Act authorizing the construction,
repair, and preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 (33 U.S.C. 603a), is
modified to direct the Secretary to construct the project substantially
in accordance with the plans contained in the feasibility report of the
District Engineer, dated June 2000.
SEC. 329. POPLAR ISLAND, MARYLAND.
(a) In General.--The project for beneficial use of dredged material
at Poplar Island, Maryland, authorized by section 537 of the Water
Resources Development Act of 1996 (110 Stat. 3776), is modified to
authorize the Secretary to provide the non-Federal interest credit
toward cash contributions required--
(1) before and during construction of the project, for the
costs of planning, engineering, and design and for construction
management work that is performed by the non-Federal interest
and that the Secretary determines is necessary to implement the
project; and
(2) during construction of the project, for the costs of
the construction that the non-Federal interest carries out on
behalf of the Secretary and that the Secretary determines is
necessary to carry out the project.
(b) Reduction.--The private sector performance goals for
engineering work of the Baltimore District of the Corps of Engineers
shall be reduced by the amount of the credit under paragraph (1).
SEC. 330. NEW YORK HARBOR AND ADJACENT CHANNELS, PORT JERSEY, NEW
JERSEY.
The project for navigation, New York Harbor and adjacent channels,
Port Jersey, New Jersey, authorized by section 202(b) of the Water
Resources Development Act of 1986 (100 Stat. 4098) and modified by
section 337 of the Water Resources Development Act of 1999 (113 Stat.
306-307), is further modified to authorize the Secretary to provide the
non-Federal interests credit toward cash contributions required--
(1) before, during, and after construction for planning,
engineering and design, and construction management work that
is performed by the non-Federal interests and that the
Secretary determines is necessary to implement the project; and
(2) during and after construction for the costs of
construction that the non-Federal interests carry out on behalf
of the Secretary and that the Secretary determines is necessary
to implement the project.
SEC. 331. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
(a) Reevaluation of Floodway Study.--The Secretary shall review the
Passaic River Floodway Buyout Study, dated October 1995, conducted as
part of the project for flood control, Passaic River Main Stem, New
Jersey and New York, authorized by section 101(a)(18) of the Water
Resources Development Act of 1990 (104 Stat. 4607-4610), to calculate
the benefits of a buyout and environmental restoration using the method
used to calculate the benefits of structural projects under section
308(b) of the Water Resources Development Act of 1990 (33 U.S.C.
2318(b)).
(b) Reevaluation of 10-Year Floodplain Study.--The Secretary shall
review the Passaic River Buyout Study of the 10-year floodplain beyond
the floodway of the Central Passaic River Basin, dated September 1995,
conducted as part of the Passaic River Main Stem project to calculate
the benefits of a buyout and environmental restoration using the method
used to calculate the benefits of structural projects under section
308(b) of the Water Resources Development Act of 1990 (33 U.S.C.
2318(b)).
(c) Preservation of Natural Storage Areas.--
(1) In general.--The Secretary shall reevaluate the
acquisition of wetlands in the Central Passaic River Basin for
flood protection purposes to supplement the wetland acquisition
authorized by section 101(a)(18)(C)(vi) of the Water Resources
Development Act of 1990 (104 Stat. 4609).
(2) Purchase.--If the Secretary determines that the
acquisition of wetlands evaluated under paragraph (1) is cost-
effective, the Secretary shall purchase the wetlands, with the
goal of purchasing not more than 8,200 acres.
(d) Streambank Erosion Control Study.--The Secretary shall review
relevant reports and conduct a study to determine the feasibility of
carrying out a project for environmental restoration, erosion control,
and streambank restoration along the Passaic River, from Dundee Dam to
Kearny Point, New Jersey.
(e) Passaic River Flood Management Task Force.--
(1) Establishment.--The Secretary, in cooperation with the
non-Federal interest, shall establish a task force, to be known
as the ``Passaic River Flood Management Task Force'', to
provide advice to the Secretary concerning reevaluation of the
Passaic River Main Stem project.
(2) Membership.--The task force shall be composed of 22
members, appointed as follows:
(A) Appointment by secretary.--The Secretary shall
appoint 1 member to represent the Corps of Engineers
and to provide technical advice to the task force.
(B) Appointments by governor of new jersey.--The
Governor of New Jersey shall appoint 20 members to the
task force, as follows:
(i) 2 representatives of the New Jersey
legislature who are members of different
political parties.
(ii) 3 representatives of the State of New
Jersey.
(iii) 1 representative of each of Bergen,
Essex, Morris, and Passaic Counties, New
Jersey.
(iv) 6 representatives of governments of
municipalities affected by flooding within the
Passaic River Basin.
(v) 1 representative of the Palisades
Interstate Park Commission.
(vi) 1 representative of the North Jersey
District Water Supply Commission.
(vii) 1 representative of each of--
(I) the Association of New Jersey
Environmental Commissions;
(II) the Passaic River Coalition;
and
(III) the Sierra Club.
(C) Appointment by governor of new york.--The
Governor of New York shall appoint 1 representative of
the State of New York to the task force.
(3) Meetings.--
(A) Regular meetings.--The task force shall hold
regular meetings.
(B) Open meetings.--The meetings of the task force
shall be open to the public.
(4) Annual report.--The task force shall submit annually to
the Secretary and to the non-Federal interest a report
describing the achievements of the Passaic River flood
management project in preventing flooding and any impediments
to completion of the project.
(5) Expenditure of funds.--The Secretary may use funds made
available to carry out the Passaic River Basin flood management
project to pay the administrative expenses of the task force.
(6) Termination.--The task force shall terminate on the
date on which the Passaic River flood management project is
completed.
(f) Acquisition of Lands in the Floodway.--Section 1148 of the
Water Resources Development Act of 1986 (100 Stat. 4254; 110 Stat.
3718-3719), is amended by adding at the end the following:
``(e) Consistency With New Jersey Blue Acres Program.--The
Secretary shall carry out this section in a manner that is consistent
with the Blue Acres Program of the State of New Jersey.''.
(g) Study of Highlands Land Conservation.--The Secretary, in
cooperation with the Secretary of Agriculture and the State of New
Jersey, may study the feasibility of conserving land in the Highlands
region of New Jersey and New York to provide additional flood
protection for residents of the Passaic River Basin in accordance with
section 212 of the Water Resources Development Act of 1999 (33 U.S.C.
2332).
(h) Restriction on Use of Funds.--The Secretary shall not obligate
any funds to carry out design or construction of the tunnel element of
the Passaic River Main Stem project.
SEC. 332. TIMES BEACH NATURE PRESERVE, BUFFALO, NEW YORK.
The project for improving the quality of the environment, Times
Beach Nature Preserve, Buffalo, New York, carried out under section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a),
is modified to include recreation as a project purpose.
SEC. 333. GARRISON DAM, NORTH DAKOTA.
The Garrison Dam, North Dakota, feature of the project for flood
control, Missouri River Basin, authorized by section 9(a) of the Flood
Control Act of December 22, 1944 (58 Stat. 891), is modified to direct
the Secretary to mitigate damage to the water transmission line for
Williston, North Dakota, at Federal expense and a total cost of
$3,900,000.
SEC. 334. DUCK CREEK, OHIO.
The project for flood control, Duck Creek, Ohio, authorized by
section 101(a)(24) of the Water Resources Development Act of 1996 (110
Stat. 3665), is modified to authorize the Secretary carry out the
project at a total cost of $36,323,000, with an estimated Federal cost
of $27,242,000 and an estimated non-Federal cost of $9,081,000.
SEC. 335. ASTORIA, OREGON.
The project for navigation, Columbia River, Astoria, Oregon,
authorized by the first section of the Act entitled ``An Act
authorizing the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'', approved
July 24, 1946 (60 Stat. 637), is modified to provide that the Federal
share of the cost of relocating causeway and mooring facilities located
at the Astoria East Boat Basin shall be 100 percent but shall not
exceed $500,000.
SEC. 336. NONCONNAH CREEK, TENNESSEE AND MISSISSIPPI.
The project for flood control, Nonconnah Creek, Tennessee and
Mississippi, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4124), is modified to authorize the
Secretary, if the Secretary determines that it is feasible--
(1) to extend the area protected by the flood control
element of the project upstream approximately 5 miles to
Reynolds Road; and
(2) to extend the hiking and biking trails of the
recreational element of the project from 8.8 to 27 miles.
SEC. 337. BOWIE COUNTY LEVEE, TEXAS.
The project for flood control, Red River below Denison Dam, Texas
and Oklahoma, authorized by section 10 of the Flood Control Act of 1946
(60 Stat. 647), is modified to direct the Secretary to implement the
Bowie County levee feature of the project in accordance with the plan
described as Alternative B in the draft document entitled ``Bowie
County Local Flood Protection, Red River, Texas Project Design
Memorandum No. 1, Bowie County Levee'', dated April 1997. In evaluating
and implementing the modification, the Secretary shall allow the non-
Federal interest to participate in the financing of the project in
accordance with section 903(c) of the Water Resources Development Act
of 1986 (100 Stat. 4184) to the extent that the Secretary's evaluation
of the modification indicates that applying such section is necessary
to implement the modification.
SEC. 338. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.
The project for flood control, San Antonio channel, Texas,
authorized by section 203 of the Flood Control Act of 1954 (68 Stat.
1259) as part of the comprehensive plan for flood protection on the
Guadalupe and San Antonio Rivers in Texas, and modified by section 103
of the Water Resources Development Act of 1976 (90 Stat. 2921), is
further modified to include environmental restoration and recreation as
project purposes.
SEC. 339. BUCHANAN AND DICKENSON COUNTIES, VIRGINIA.
The project for flood control, Levisa and Tug Forks of the Big
Sandy River and Upper Cumberland River, authorized by section 202 of
the Energy and Water Development Appropriations Act, 1981 (94 Stat.
1339), and modified by section 352 of the Water Resources Development
Act of 1996 (110 Stat. 3724-3725), is further modified to direct the
Secretary to determine the ability of Buchanan and Dickenson Counties,
Virginia, to pay the non-Federal share of the cost of the project based
solely on the criteria specified in section 103(m)(3)(A)(i) of the
Water Resources Development Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)).
SEC. 340. BUCHANAN, DICKENSON, AND RUSSELL COUNTIES, VIRGINIA.
At the request of the John Flannagan Water Authority, Dickenson
County, Virginia, the Secretary may reallocate, under section 322 of
the Water Resources Development Act of 1990 (104 Stat. 4643-4644),
water supply storage space in the John Flannagan Reservoir, Dickenson
County, Virginia, sufficient to yield water withdrawals in amounts not
to exceed 3,000,000 gallons per day in order to provide water for the
communities in Buchanan, Dickenson, and Russell Counties, Virginia,
notwithstanding the limitation in section 322(b) of such Act.
SEC. 341. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.
The project for beach erosion control and hurricane protection,
Sandbridge Beach, Virginia Beach, Virginia, authorized by section
101(22) of the Water Resources Development Act of 1992 (106 Stat.
4804), is modified to direct the Secretary to provide 50 years of
periodic beach nourishment beginning on the date on which construction
of the project was initiated in 1998.
SEC. 342. WALLOPS ISLAND, VIRGINIA.
Section 567(c) of the Water Resources Development Act of 1999 (113
Stat. 367) is amended by striking ``$8,000,000'' and inserting
``$20,000,000''.
SEC. 343. COLUMBIA RIVER, WASHINGTON.
(a) In General.--The project for navigation, Columbia River,
Washington, authorized by the first section of the Act entitled ``An
Act making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and for
other purposes'', approved June 13, 1902 (32 Stat. 369), is modified to
direct the Secretary, in the operation and maintenance of the project,
to mitigate damages to the shoreline of Puget Island, at a total cost
of $1,000,000.
(b) Allocation.--The cost of the mitigation shall be allocated as
an operation and maintenance cost of the Federal navigation project.
SEC. 344. MOUNT ST. HELENS, WASHINGTON.
The project for sediment control, Mount St. Helens, Washington,
authorized by chapter IV of title I of the Supplemental Appropriations
Act, 1985 (99 Stat. 318-319), is modified to authorize the Secretary to
provide such cost-effective, environmentally acceptable measures as are
necessary to maintain the flood protection levels for Longview, Kelso,
Lexington, and Castle Rock on the Cowlitz River, Washington, identified
in the October 1985 report of the Chief of Engineers entitled ``Mount
St. Helens, Washington, Decision Document (Toutle, Cowlitz, and
Columbia Rivers)'', printed as House Document number 99-135.
SEC. 345. RENTON, WASHINGTON.
(a) Maximum Federal Expenditure.--The maximum amount of Federal
funds that may be expended for the project for flood control, Renton,
Washington, carried out under section 205 of the Flood Control Act of
1948, shall be $5,300,000.
(b) Revision of Project Cooperation Agreement.--The Secretary shall
revise the project cooperation agreement for the project described in
subsection (a) to take into account the change in the Federal
participation in the project in accordance with this section.
(c) Reimbursement.--The Secretary may reimburse the non-Federal
interest for the project described in subsection (a) for costs incurred
to mitigate overdredging.
SEC. 346. GREENBRIER BASIN, WEST VIRGINIA.
Section 579(c) of the Water Resources Development Act of 1996 (110
Stat. 3790) is amended by striking ``$12,000,000'' and inserting
``$73,000,000''.
SEC. 347. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The project for flood damage reduction, Lower Mud River, Milton,
West Virginia, authorized by section 580 of the Water Resources
Development Act of 1996 (110 Stat. 3790), is modified to direct the
Secretary to carry out the project.
SEC. 348. WATER QUALITY PROJECTS.
Section 307(a) of the Water Resources Development Act of 1992 (106
Stat. 4841) is amended by striking ``Jefferson and Orleans Parishes''
and inserting ``Jefferson, Orleans, and St. Tammany Parishes''.
SEC. 349. PROJECT REAUTHORIZATIONS.
(a) In General.--Each of the following projects may be carried out
by the Secretary, and no construction on any such project may be
initiated until the Secretary determines that the project is
technically sound, environmentally acceptable, and economically
justified, as appropriate:
(1) Narraguagus river, milbridge, maine.--Only for the
purpose of maintenance as anchorage, those portions of the
project for navigation, Narraguagus River, Milbridge, Maine,
authorized by section 2 of the Act entitled ``An Act making
appropriations for the construction, repair, completion, and
preservation of certain works on rivers and harbors, and for
other purposes'', approved June 14, 1880 (21 Stat. 195), and
deauthorized under section 101 of the River and Harbor Act of
1962 (75 Stat. 1173), lying adjacent to and outside the limits
of the 11-foot and 9-foot channel authorized as part of the
project for navigation, authorized by such section 101, as
follows:
(A) An area located east of the 11-foot channel
starting at a point with coordinates N248,060.52,
E668,236.56, thence running south 36 degrees 20 minutes
52.3 seconds east 1567.242 feet to a point N246,798.21,
E669,165.44, thence running north 51 degrees 30 minutes
06.2 seconds west 839.855 feet to a point N247,321.01,
E668,508.15, thence running north 20 degrees 09 minutes
58.1 seconds west 787.801 feet to the point of origin.
(B) An area located west of the 9-foot channel
starting at a point with coordinates N249,673.29,
E667,537.73, thence running south 20 degrees 09 minutes
57.8 seconds east 1341.616 feet to a point N248,413.92,
E668,000.24, thence running south 01 degrees 04 minutes
26.8 seconds east 371.688 feet to a point N248,042.30,
E668,007.21, thence running north 22 degrees 21 minutes
20.8 seconds west 474.096 feet to a point N248,480.76,
E667,826.88, thence running north 79 degrees 09 minutes
31.6 seconds east 100.872 feet to a point N248,499.73,
E667,925.95, thence running north 13 degrees 47 minutes
27.6 seconds west 95.126 feet to a point N248,592.12,
E667,903.28, thence running south 79 degrees 09 minutes
31.6 seconds west 115.330 feet to a point N248,570.42,
E667,790.01, thence running north 22 degrees 21 minutes
20.8 seconds west 816.885 feet to a point N249,325.91,
E667,479.30, thence running north 07 degrees 03 minutes
00.3 seconds west 305.680 feet to a point N249,629.28,
E667,441.78, thence running north 65 degrees 21 minutes
33.8 seconds east 105.561 feet to the point of origin.
(2) Cedar bayou, texas.--The project for navigation, Cedar
Bayou, Texas, authorized by the first section of the Act
entitled ``An Act making appropriations for the construction,
repair, and preservation of certain public works on rivers and
harbors, and for other purposes'', approved September 19, 1890
(26 Stat. 444), and modified by the first section of the Act
entitled ``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved July 3, 1930 (46 Stat. 926), and
deauthorized by section 1002 of the Water Resources Development
Act of 1986 (100 Stat. 4219), except that the project is
authorized only for construction of a navigation channel 12
feet deep by 125 feet wide from mile -2.5 (at the junction with
the Houston Ship Channel) to mile 11.0 on Cedar Bayou.
(b) Redesignation.--The following portion of the 11-foot channel of
the project for navigation, Narraguagus River, Milbridge, Maine,
referred to in subsection (a)(1) is redesignated as anchorage: starting
at a point with coordinates N248,413.92, E668,000.24, thence running
south 20 degrees 09 minutes 57.8 seconds east 1325.205 feet to a point
N247,169.95, E668,457.09, thence running north 51 degrees 30 minutes
05.7 seconds west 562.33 feet to a point N247,520.00, E668,017.00,
thence running north 01 degrees 04 minutes 26.8 seconds west 894.077
feet to the point of origin.
SEC. 350. CONTINUATION OF PROJECT AUTHORIZATIONS.
(a) In General.--Notwithstanding section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the following
projects shall remain authorized to be carried out by the Secretary:
(1) The projects for flood control, Sacramento River,
California, modified by section 10 of the Flood Control Act of
December 22, 1944 (58 Stat. 900-901).
(2) The project for flood protection, Sacramento River from
Chico Landing to Red Bluff, California, authorized by section
203 of the Flood Control Act of 1958 (72 Stat. 314).
(b) Limitation.--A project described in subsection (a) shall not be
authorized for construction after the last day of the 7-year period
beginning on the date of enactment of this Act, unless, during such
period, funds have been obligated for the construction (including
planning and design) of the project.
SEC. 351. DECLARATION OF NONNAVIGABILITY FOR LAKE ERIE, NEW YORK.
(a) Area To Be Declared Nonnavigable; Public Interest.--Unless the
Secretary finds, after consultation with local and regional public
officials (including local and regional public planning organizations),
that the proposed projects to be undertaken within the boundaries in
the portions of Erie County, New York, described in subsection (b), are
not in the public interest then, subject to subsection (c), those
portions of such county that were once part of Lake Erie and are now
filled are declared to be nonnavigable waters of the United States.
(b) Boundaries.--The portion of Erie County, New York, referred to
in subsection (a) are all that tract or parcel of land, situate in the
Town of Hamburg and the City of Lackawanna, County of Erie, State of
New York, being part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, and 25 of the Ogden Gore Tract and part of Lots 23, 24, and
36 of the Buffalo Creek Reservation, Township 10, Range 8 of the
Holland Land Company's Survey and more particularly bounded and
described as follows:
Beginning at a point on the westerly highway boundary of
Hamburg Turnpike (66.0 feet wide), said point being 547.89 feet
South 19 deg.36'46'' East from the intersection of the westerly
highway boundary of Hamburg Turnpike (66.0 feet wide) and the
northerly line of the City of Lackawanna (also being the
southerly line of the City of Buffalo); thence South
19 deg.36'46'' East along the westerly highway boundary of
Hamburg Turnpike (66.0 feet wide) a distance of 628.41 feet;
thence along the westerly highway boundary of Hamburg Turnpike
as appropriated by the New York State Department of Public
Works as shown on Map No. 40-R2, Parcel No. 44 the following 20
courses and distances:
(1) South 10 deg.00'07'' East a distance of 164.30
feet;
(2) South 18 deg.40'45'' East a distance of 355.00
feet;
(3) South 71 deg.23'35'' West a distance of 2.00
feet;
(4) South 18 deg.40'45'' East a distance of 223.00
feet;
(5) South 22 deg.29'36'' East a distance of 150.35
feet;
(6) South 18 deg.40'45'' East a distance of 512.00
feet;
(7) South 16 deg.49'53'' East a distance of 260.12
feet;
(8) South 18 deg.34'20'' East a distance of 793.00
feet;
(9) South 71 deg.23'35'' West a distance of 4.00
feet;
(10) South 18 deg.13'24'' East a distance of 132.00
feet;
(11) North 71 deg.23'35'' East a distance of 4.67
feet;
(12) South 18 deg.30'00'' East a distance of 38.00
feet;
(13) South 71 deg.23'35'' West a distance of 4.86
feet;
(14) South 18 deg.13'24'' East a distance of 160.00
feet;
(15) South 71 deg.23'35'' East a distance of 9.80
feet;
(16) South 18 deg.36'25'' East a distance of 159.00
feet;
(17) South 71 deg.23'35'' West a distance of 3.89
feet;
(18) South 18 deg.34'20'' East a distance of 180.00
feet;
(19) South 20 deg.56'05'' East a distance of 138.11
feet;
(20) South 22 deg.53'55'' East a distance of 272.45
feet to a point on the westerly highway boundary of
Hamburg Turnpike.
Thence southerly along the westerly highway boundary of Hamburg
Turnpike, South 18 deg.36'25'' East, a distance of 2228.31
feet; thence along the westerly highway boundary of Hamburg
Turnpike as appropriated by the New York State Department of
Public Works as shown on Map No. 27 Parcel No. 31 the following
2 courses and distances:
(1) South 16 deg.17'25'' East a distance of 74.93
feet;
(2) along a curve to the right having a radius of
1004.74 feet; a chord distance of 228.48 feet along a
chord bearing of South 08 deg.12'16'' East, a distance
of 228.97 feet to a point on the westerly highway
boundary of Hamburg Turnpike.
Thence southerly along the westerly highway boundary of Hamburg
Turnpike, South 4 deg.35'35'' West a distance of 940.87 feet;
thence along the westerly highway boundary of Hamburg Turnpike
as appropriated by the New York State Department of Public
Works as shown on Map No. 1 Parcel No. 1 and Map No. 5 Parcel
No. 7 the following 18 courses and distances:
(1) North 85 deg.24'25'' West a distance of 1.00
feet;
(2) South 7 deg.01'17'' West a distance of 170.15
feet;
(3) South 5 deg.02'54'' West a distance of 180.00
feet;
(4) North 85 deg.24'25'' West a distance of 3.00
feet;
(5) South 5 deg.02'54'' West a distance of 260.00
feet;
(6) South 5 deg.09'11'' West a distance of 110.00
feet;
(7) South 0 deg.34'35'' West a distance of 110.27
feet;
(8) South 4 deg.50'37'' West a distance of 220.00
feet;
(9) South 4 deg.50'37'' West a distance of 365.00
feet;
(10) South 85 deg.24'25'' East a distance of 5.00
feet;
(11) South 4 deg.06'20'' West a distance of 67.00
feet;
(12) South 6 deg.04'35'' West a distance of 248.08
feet;
(13) South 3 deg.18'27'' West a distance of 52.01
feet;
(14) South 4 deg.55'58'' West a distance of 133.00
feet;
(15) North 85 deg.24'25'' West a distance of 1.00
feet;
(16) South 4 deg.55'58'' West a distance of 45.00
feet;
(17) North 85 deg.24'25'' West a distance of 7.00
feet;
(18) South 4 deg.56'12'' West a distance of 90.00
feet.
Thence continuing along the westerly highway boundary of Lake
Shore Road as appropriated by the New York State Department of
Public Works as shown on Map No. 7, Parcel No. 7 the following
2 courses and distances:
(1) South 4 deg.55'58'' West a distance of 127.00
feet;
(2) South 2 deg.29'25'' East a distance of 151.15
feet to a point on the westerly former highway boundary
of Lake Shore Road.
Thence southerly along the westerly formerly highway boundary
of Lake Shore Road, South 4 deg.35'35'' West a distance of
148.90 feet; thence along the westerly highway boundary of Lake
Shore Road as appropriated by the New York State Department of
Public Works as shown on Map No. 7, Parcel No. 8 the following
3 courses and distances:
(1) South 55 deg.34'35'' West a distance of 12.55
feet;
(2) South 4 deg.35'35'' West a distance of 118.50
feet;
(3) South 3 deg.04'00'' West a distance of 62.95
feet to a point on the south line of the lands of South
Buffalo Railway Company.
Thence southerly and easterly along the lands of South Buffalo
Railway Company the following 5 courses and distances:
(1) North 89 deg.25'14'' West a distance of 697.64
feet;
(2) along a curve to the left having a radius of
645.0 feet; a chord distance of 214.38 feet along a
chord bearing of South 40 deg.16'48'' West, a distance
of 215.38 feet;
(3) South 30 deg.42'49'' West a distance of 76.96
feet;
(4) South 22 deg.06'03'' West a distance of 689.43
feet;
(5) South 36 deg.09'23'' West a distance of 30.93
feet to the northerly line of the lands of Buffalo
Crushed Stone, Inc.
Thence North 87 deg.13'38'' West a distance of 2452.08 feet to
the shore line of Lake Erie; thence northerly along the shore
of Lake Erie the following 43 courses and distances:
(1) North 16 deg.29'53'' West a distance of 267.84
feet;
(2) North 24 deg.25'00'' West a distance of 195.01
feet;
(3) North 26 deg.45'00'' West a distance of 250.00
feet;
(4) North 31 deg.15'00'' West a distance of 205.00
feet;
(5) North 21 deg.35'00'' West a distance of 110.00
feet;
(6) North 44 deg.00'53'' West a distance of 26.38
feet;
(7) North 33 deg.49'18'' West a distance of 74.86
feet;
(8) North 34 deg.26'26'' West a distance of 12.00
feet;
(9) North 31 deg.06'16'' West a distance of 72.06
feet;
(10) North 22 deg.35'00'' West a distance of 150.00
feet;
(11) North 16 deg.35'00'' West a distance of 420.00
feet;
(12) North 21 deg.l0'00'' West a distance of 440.00
feet;
(13) North 17 deg.55'00'' West a distance of 340.00
feet;
(14) North 28 deg.05'00'' West a distance of 375.00
feet;
(15) North 16 deg.25'00'' West a distance of 585.00
feet;
(16) North 22 deg.10'00'' West a distance of 160.00
feet;
(17) North 2 deg.46'36'' West a distance of 65.54
feet;
(18) North 16 deg.01'08'' West a distance of 70.04
feet;
(19) North 49 deg.07'00'' West a distance of 79.00
feet;
(20) North 19 deg.16'00'' West a distance of 425.00
feet;
(21) North 16 deg.37'00'' West a distance of 285.00
feet;
(22) North 25 deg.20'00'' West a distance of 360.00
feet;
(23) North 33 deg.00'00'' West a distance of 230.00
feet;
(24) North 32 deg.40'00'' West a distance of 310.00
feet;
(25) North 27 deg.10'00'' West a distance of 130.00
feet;
(26) North 23 deg.20'00'' West a distance of 315.00
feet;
(27) North 18 deg.20'04'' West a distance of 302.92
feet;
(28) North 20 deg.15'48'' West a distance of 387.18
feet;
(29) North 14 deg.20'00'' West a distance of 530.00
feet;
(30) North 16 deg.40'00'' West a distance of 260.00
feet;
(31) North 28 deg.35'00'' West a distance of 195.00
feet;
(32) North 18 deg.30'00'' West a distance of 170.00
feet;
(33) North 26 deg.30'00'' West a distance of 340.00
feet;
(34) North 32 deg.07'52'' West a distance of 232.38
feet;
(35) North 30 deg.04'26'' West a distance of 17.96
feet;
(36) North 23 deg.19'13'' West a distance of 111.23
feet;
(37) North 7 deg.07'58'' West a distance of 63.90
feet;
(38) North 8 deg.11'02'' West a distance of 378.90
feet;
(39) North 15 deg.01'02'' West a distance of 190.64
feet;
(40) North 2 deg.55'00'' West a distance of 170.00
feet;
(41) North 6 deg.45'00'' West a distance of 240.00
feet;
(42) North 0 deg.10'00'' East a distance of 465.00
feet;
(43) North 2 deg.00'38'' West a distance of 378.58
feet to the northerly line of Letters Patent dated
February 21, 1968 and recorded in the Erie County
Clerk's Office under Liber 7453 of Deeds at Page 45.
Thence North 71 deg.23'35'' East along the north line of the
aforementioned Letters Patent a distance of 154.95 feet to the
shore line; thence along the shore line the following 6 courses
and distances:
(1) South 80 deg.14'01'' East a distance of 119.30
feet;
(2) North 46 deg.15'13'' East a distance of 47.83
feet;
(3) North 59 deg.53'02'' East a distance of 53.32
feet;
(4) North 38 deg.20'43'' East a distance of 27.31
feet;
(5) North 68 deg.12'46'' East a distance of 48.67
feet;
(6) North 26 deg.11'47'' East a distance of 11.48
feet to the northerly line of the aforementioned
Letters Patent.
Thence along the northerly line of said Letters Patent, North
71 deg.23'35'' East a distance of 1755.19 feet; thence South
35 deg.27'25'' East a distance of 35.83 feet to a point on the
U.S. Harbor Line; thence, North 54 deg.02'35'' East along the
U.S. Harbor Line a distance of 200.00 feet; thence continuing
along the U.S. Harbor Line, North 50 deg.01'45'' East a
distance of 379.54 feet to the westerly line of the lands of
Gateway Trade Center, Inc.; thence along the lands of Gateway
Trade Center, Inc. the following 27 courses and distances:
(1) South 18 deg.44'53'' East a distance of 623.56
feet;
(2) South 34 deg.33'00'' East a distance of 200.00
feet;
(3) South 26 deg.18'55'' East a distance of 500.00
feet;
(4) South 19 deg.06'40'' East a distance of 1074.29
feet;
(5) South 28 deg.03'18'' East a distance of 242.44
feet;
(6) South 18 deg.38'50'' East a distance of 1010.95
feet;
(7) North 71 deg.20'51'' East a distance of 90.42
feet;
(8) South 18 deg.49'20'' East a distance of 158.61
feet;
(9) South 80 deg.55'10'' East a distance of 45.14
feet;
(10) South 18 deg.04'45'' East a distance of 52.13
feet;
(11) North 71 deg.07'23'' East a distance of 102.59
feet;
(12) South 18 deg.41'40'' East a distance of 63.00
feet;
(13) South 71 deg.07'23'' West a distance of 240.62
feet;
(14) South 18 deg.38'50'' East a distance of 668.13
feet;
(15) North 71 deg.28'46'' East a distance of 958.68
feet;
(16) North 18 deg.42'31'' West a distance of
1001.28 feet;
(17) South 71 deg.17'29'' West a distance of 168.48
feet;
(18) North 18 deg.42'31'' West a distance of 642.00
feet;
(19) North 71 deg.17'37'' East a distance of 17.30
feet;
(20) North 18 deg.42'31'' West a distance of 574.67
feet;
(21) North 71 deg.17'29'' East a distance of 151.18
feet;
(22) North 18 deg.42'31''West a distance of 1156.43
feet;
(23) North 71 deg.29'21'' East a distance of 569.24
feet;
(24) North 18 deg.30'39'' West a distance of 314.71
feet;
(25) North 70 deg.59'36'' East a distance of 386.47
feet;
(26) North 18 deg.30'39'' West a distance of 70.00
feet;
(27) North 70 deg.59'36'' East a distance of 400.00
feet to the place or point of beginning.
Containing 1,142.958 acres.
(c) Limits on Applicability; Regulatory Requirements.--The
declaration under subsection (a) shall apply to those parts of the
areas described in subsection (b) which are filled portions of Lake
Erie. Any work on these filled portions is subject to all applicable
Federal statutes and regulations, including sections 9 and 10 of the
Act of March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403), commonly
known as the River and Harbors Appropriation Act of 1899, section 404
of the Federal Water Pollution Control Act (33 U.S.C. 1344), and the
National Environmental Policy Act of 1969.
(d) Expiration Date.--If, 20 years from the date of enactment of
this Act, any area or part thereof described in subsection (a) of this
section is not occupied by permanent structures in accordance with the
requirements set out in subsection (c) of this section, or if work in
connection with any activity permitted in subsection (c) is not
commenced within 5 years after issuance of such permits, then the
declaration of nonnavigability for such area or part thereof shall
expire.
SEC. 352. PROJECT DEAUTHORIZATIONS.
(a) In General.--The following projects or portions of projects are
not authorized after the date of enactment of this Act:
(1) Black warrior and tombigbee rivers, jackson, alabama.--
The project for navigation, Black Warrior and Tombigbee Rivers,
vicinity of Jackson, Alabama, authorized by section 106 of the
Energy and Water Development Appropriations Act, 1987 (100
Stat. 3341-199).
(2) Sacramento deep water ship channel, california.--The
portion of the project for navigation, Sacramento Deep Water
Ship Channel, California, authorized by section 202(a) of the
Water Resources Development Act of 1986 (100 Stat. 4092),
beginning from the confluence of the Sacramento River and the
Barge Canal to a point 3,300 feet west of the William G. Stone
Lock western gate (including the William G. Stone Lock and the
Bascule Bridge and Barge Canal). All waters within such portion
of the project are declared to be nonnavigable waters of the
United States solely for purposes of the General Bridge Act of
1946 (33 U.S.C. 525 et seq.) and section 9 of the Act of March
3, 1899 (33 U.S.C. 401), commonly known as the Rivers and
Harbors Appropriation Act of 1899.
(3) Bay island channel, quincy, illinois.--The access
channel across Bay Island into Quincy Bay at Quincy, Illinois,
constructed under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577).
(4) Warsaw boat harbor, illinois.--The portion of the
project for navigation, Illinois Waterway, Illinois and
Indiana, authorized by section 101 of the River and Harbor Act
of 1962 (76 Stat. 1175), known as the Warsaw Boat Harbor,
Illinois.
(5) Rockport harbor, rockport, massachusetts.--The
following portions of the project for navigation, Rockport
Harbor, Massachusetts, carried out under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577):
(A) The portion of the 10-foot harbor channel the
boundaries of which begin at a point with coordinates
N605,741.948, E838,031.378, thence running north 36
degrees 04 minutes 40.9 seconds east 123.386 feet to a
point N605,642.226, E838,104.039, thence running south
05 degrees 08 minutes 35.1 seconds east 24.223 feet to
a point N605,618.100, E838,106.210, thence running
north 41 degrees 05 minutes 10.9 seconds west 141.830
feet to a point N605,725.000, E838,013.000, thence
running north 47 degrees 19 minutes 04.1 seconds east
25.000 feet to the point of origin.
(B) The portion of the 8-foot north basin entrance
channel the boundaries of which begin at a point with
coordinates N605,742.699, E837,977.129, thence running
south 89 degrees 12 minutes 27.1 seconds east 54.255
feet to a point N605,741.948, E838,031.378, thence
running south 47 degrees 19 minutes 04.1 seconds west
25.000 feet to a point N605,725.000, E838,013.000,
thence running north 63 degrees 44 minutes 19.0 seconds
west 40.000 feet to the point of origin.
(C) The portion of the 8-foot south basin anchorage
the boundaries of which begin at a point with
coordinates N605,563.770, E838,111.100, thence running
south 05 degrees 08 minutes 35.1 seconds east 53.460
feet to a point N605,510.525, E838,115.892, thence
running south 52 degrees 10 minutes 55.5 seconds west
145.000 feet to a point N605,421.618, E838,001.348,
thence running north 37 degrees 49 minutes 04.5 seconds
west feet to a point N605,480.960, E837,955.287, thence
running south 64 degrees 52 minutes 33.9 seconds east
33.823 feet to a point N605,466.600, E837,985.910,
thence running north 52 degrees 10 minutes 55.5 seconds
east 158.476 feet to the point of origin.
(6) Scituate harbor, massachusetts.--The portion of the
project for navigation, Scituate Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1954
(68 Stat. 1249), consisting of an 8-foot anchorage basin and
described as follows: Beginning at a point with coordinates
N438,739.53, E810,354.75, thence running northwesterly about
200.00 feet to coordinates N438,874.02, E810,206.72, thence
running northeasterly about 400.00 feet to coordinates
N439,170.07, E810,475,70, thence running southwesterly about
447.21 feet to the point of origin.
(7) Duluth-superior harbor, minnesota and wisconsin.--The
portion of the project for navigation, Duluth-Superior Harbor,
Minnesota and Wisconsin, authorized by the first section of the
Act entitled ``An Act making appropriations for the
construction, repair, and preservation of certain public works
on rivers and harbors, and for other purposes'', approved June
3, 1896 (29 Stat. 212), known as the 21st Avenue West Channel,
beginning at the most southeasterly point of the channel
N423074.09, E2871635.43 thence running north-northwest about
1854.83 feet along the easterly limit of the project to a point
N424706.69, E2870755.48, thence running northwesterly about
111.07 feet to a point on the northerly limit of the project
N424777.27, E2870669.46, thence west-southwest 157.88 feet
along the north limit of the project to a point N424703.04,
E2870530.38, thence south-southeast 1978.27 feet to the most
southwesterly point N422961.45, E2871469.07, thence
northeasterly 201.00 feet along the southern limit of the
project to the point of origin.
(8) Tremley point, new jersey.--The portion of the Federal
navigation channel, New York and New Jersey Channels, New York
and New Jersey, authorized by the first section of the Act
entitled ``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved August 30, 1935 (49 Stat. 1028),
and modified by section 101 of the River and Harbor Act of 1950
(64 Stat. 164), that consists of a 35-foot deep channel
beginning at a point along the western limit of the authorized
project, N644100.411, E129256.91, thence running southeasterly
about 38.25 feet to a point N644068.885, E129278.565, thence
running southerly about 1,163.86 feet to a point N642912.127,
E129150.209, thence running southwesterly about 56.89 feet to a
point N642864.09, E2129119.725, thence running northerly along
the existing western limit of the existing project to the point
of origin.
(9) Angola, new york.--The project for erosion protection,
Angola Water Treatment Plant, Angola, New York, constructed
under section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(10) Wallabout channel, brooklyn, new york.--The portion of
the project for navigation, Wallabout Channel, Brooklyn, New
York, authorized by the first section of the Act entitled ``An
Act making appropriations for the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved March 3, 1899 (30 Stat. 1124),
that is located at the northeast corner of the project and is
described as follows:
Beginning at a point forming the northeast corner
of the project and designated with the coordinate of
North N 682,307.40; East 638,918.10; thence along the
following 6 courses and distances:
(A) South 85 degrees, 44 minutes, 13
seconds East 87.94 feet (coordinate: N
682,300.86 E 639,005.80).
(B) North 74 degrees, 41 minutes, 30
seconds East 271.54 feet (coordinate: N
682,372.55 E 639,267.71).
(C) South 4 degrees, 46 minutes, 02 seconds
West 170.95 feet (coordinate: N 682,202.20 E
639,253.50).
(D) South 4 degrees, 46 minutes, 02 seconds
West 239.97 feet (coordinate: N 681,963.06 E
639,233.56).
(E) North 50 degrees, 48 minutes, 26
seconds West 305.48 feet (coordinate: N
682,156.10 E 638,996.80).
(F) North 3 degrees, 33 minutes, 25 seconds
East 145.04 feet (coordinate: N 682,300.86 E
639,005.80).
(b) Rockport Harbor, Massachusetts.--The project for navigation,
Rockport Harbor, Massachusetts, carried out under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577), is modified--
(1) to redesignate a portion of the 8-foot north outer
anchorage as part of the 8-foot approach channel to the north
inner basin described as follows: the perimeter of the area
starts at a point with coordinates N605,792.110, E838,020.009,
thence running south 89 degrees 12 minutes 27.1 seconds east
64.794 feet to a point N605,791.214, E838,084.797, thence
running south 47 degrees 18 minutes 54.0 seconds west 40.495
feet to a point N605,763.760, E838,055.030, thence running
north 68 degrees 26 minutes 49.0 seconds west 43.533 feet to a
point N605,779.750, E838,014.540, thence running north 23
degrees 52 minutes 08.4 seconds east 13.514 feet to the point
of origin; and
(2) to realign a portion of the 8-foot north inner basin
approach channel by adding an area described as follows: the
perimeter of the area starts at a point with coordinates
N605,792.637, E837,981.920, thence running south 89 degrees 12
minutes 27.1 seconds east 38.093 feet to a point N605,792.110,
E838,020.009, thence running south 23 degrees 52 minutes 08.4
seconds west 13.514 feet to a point N605,779.752, E838,014.541,
thence running north 68 degrees 26 minutes 49.0 seconds west
35.074 feet to the point of origin.
SEC. 353. WYOMING VALLEY, PENNSYLVANIA.
(a) In General.--The project for flood control, Wyoming Valley,
Pennsylvania, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4124) is modified as provided in
this section.
(b) Additional Project Elements.--The Secretary shall construct
each of the following additional elements of the project to the extent
that the Secretary determines that the element is technically feasible,
environmentally acceptable, and economically justified:
(1) The River Commons plan developed by the non-Federal
sponsor for both sides of the Susquehanna River beside historic
downtown Wilkes-Barre.
(2) Necessary portal modifications to the project to allow
at grade access from Wilkes-Barre to the Susquehanna River to
facilitate operation, maintenance, replacement, repair, and
rehabilitation of the project and to restore access to the
Susquehanna River for the public.
(3) A concrete capped sheet pile wall in lieu of raising an
earthen embankment to reduce the disturbance to the Historic
River Commons area.
(4) All necessary modifications to the Stormwater Pump
Stations in Wyoming Valley.
(5) All necessary evaluations and modifications to all
elements of the existing flood control projects to include Coal
Creek, Toby Creek, Abrahams Creek, and various relief culverts
and penetrations through the levee.
(c) Credit.--The Secretary shall credit the Luzerne County Flood
Protection Authority toward the non-Federal share of the cost of the
project for the value of the Forty-Fort ponding basin area purchased
after June 1, 1972, by Luzerne County, Pennsylvania, for an estimated
cost of $500,000 under section 102(w) of the Water Resources
Development Act of 1992 (102 Stat. 508) to the extent that the
Secretary determines that the area purchased is integral to the
project.
(d) Modification of Mitigation Plan and Project Cooperation
Agreement.--
(1) Modification of mitigation plan.--The Secretary shall
provide for the deletion, from the Mitigation Plan for the
Wyoming Valley Levees, approved by the Secretary on February
15, 1996, the proposal to remove the abandoned Bloomsburg
Railroad Bridge.
(2) Modification of project cooperation agreement.--The
Secretary shall modify the project cooperation agreement,
executed in October 1996, to reflect removal of the railroad
bridge and its $1,800,000 total cost from the mitigation plan
under paragraph (1).
(e) Maximum Project Cost.--The total cost of the project, as
modified by this section, shall not exceed the amount authorized in
section 401(a) of the Water Resources Development Act of 1986 (100
Stat. 4124), with increases authorized by section 902 of the Water
Resources Development Act of 1986 (100 Stat. 4183).
SEC. 354. REHOBOTH BEACH AND DEWEY BEACH, DELAWARE.
The project for storm damage reduction and shoreline protection,
Rehoboth Beach and Dewey Beach, Delaware, authorized by section
101(b)(6) of the Water Resources development Act of 1996, is modified
to authorize the project at a total cost of $13,997,000, with an
estimated Federal cost of $9,098,000 and an estimated non-Federal cost
of $4,899,000, and an estimated average annual cost of $1,320,000 for
periodic nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $858,000 and an estimated annual non-
Federal cost of $462,000.
TITLE IV--STUDIES
SEC. 401. STUDIES OF COMPLETED PROJECTS.
The Secretary shall conduct a study under section 216 of the Flood
Control Act of 1970 (84 Stat. 1830) of each of the following completed
projects:
(1) Escambia bay and river, florida.--Project for
navigation, Escambia Bay and River, Florida.
(2) Illinois river, havana, illinois.--Project for flood
control, Illinois River, Havana, Illinois, authorized by
section 5 of the Flood Control Act of June 22, 1936 (49 Stat.
1583).
(3) Spring lake, illinois.--Project for flood control,
Spring Lake, Illinois, authorized by section 5 of the Flood
Control Act of June 22, 1936 (49 Stat. 1584).
(4) Port orford, oregon.--Project for flood control, Port
Orford, Oregon, authorized by section 301 of River and Harbor
Act of 1965 (79 Stat. 1092).
SEC. 402. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (100
Stat. 4164) is amended to read as follows:
``SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.
``(a) In General.--The Secretary may assess the water resources
needs of interstate river basins and watersheds of the United States.
The assessments shall be undertaken in cooperation and coordination
with the Departments of the Interior, Agriculture, and Commerce, the
Environmental Protection Agency, and other appropriate agencies, and
may include an evaluation of ecosystem protection and restoration,
flood damage reduction, navigation and port needs, watershed
protection, water supply, and drought preparedness.
``(b) Consultation.--The Secretary shall consult with Federal,
tribal, State, interstate, and local governmental entities in carrying
out the assessments authorized by this section. In conducting the
assessments, the Secretary may accept contributions of services,
materials, supplies and cash from Federal, tribal, State, interstate,
and local governmental entities where the Secretary determines that
such contributions will facilitate completion of the assessments.
``(c) Priority Consideration.--The Secretary shall give priority
consideration to the following interstate river basins and watersheds:
``(1) Delaware River.
``(2) Potomac River.
``(3) Susquehanna River.
``(4) Kentucky River.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.''.
SEC. 403. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT.
(a) Assessments.--The Secretary, in cooperation with the Secretary
of the Interior and the States of Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee, shall undertake, at
Federal expense, for the Lower Mississippi River system--
(1) an assessment of information needed for river-related
management;
(2) an assessment of natural resource habitat needs; and
(3) an assessment of the need for river-related recreation
and access.
(b) Period.--Each assessment referred to in subsection (a) shall be
carried out for 2 years.
(c) Reports.--Before the last day of the second year of an
assessment under subsection (a), the Secretary, in cooperation with the
Secretary of the Interior and the States of Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee, shall
transmit to Congress a report on the results of the assessment to
Congress. The report shall contain recommendations for--
(1) the collection, availability, and use of information
needed for river-related management;
(2) the planning, construction, and evaluation of potential
restoration, protection, and enhancement measures to meet
identified habitat needs; and
(3) potential projects to meet identified river access and
recreation needs.
(d) Lower Mississippi River System Defined.--In this section, the
term ``Lower Mississippi River system'' means those river reaches and
adjacent floodplains within the Lower Mississippi River alluvial valley
having commercial navigation channels on the Mississippi mainstem and
tributaries south of Cairo, Illinois, and the Atchafalaya basin
floodway system.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $1,750,000 to carry out this section.
SEC. 404. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY.
(a) In General.--The Secretary shall conduct, at Federal expense, a
study--
(1) to identify significant sources of sediment and
nutrients in the Upper Mississippi River basin; and
(2) to describe and evaluate the processes by which the
sediments and nutrients move, on land and in water, from their
sources to the Upper Mississippi River and its tributaries.
(b) Consultation.--In conducting the study, the Secretary shall
consult the Departments of Agriculture and the Interior.
(c) Components of the Study.--
(1) Computer modeling.--As part of the study, the Secretary
shall develop computer models at the subwatershed and basin
level to identify and quantify the sources of sediment and
nutrients and to examine the effectiveness of alternative
management measures.
(2) Research.--As part of the study, the Secretary shall
conduct research to improve understanding of--
(A) the processes affecting sediment and nutrient
(with emphasis on nitrogen and phosphorus) movement;
(B) the influences of soil type, slope, climate,
vegetation cover, and modifications to the stream
drainage network on sediment and nutrient losses; and
(C) river hydrodynamics in relation to sediment and
nutrient transformations, retention, and movement.
(d) Use of Information.--Upon request of a Federal agency, the
Secretary may provide information to the agency for use in sediment and
nutrient reduction programs associated with land use and land
management practices.
(e) Report to Congress.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall transmit /to Congress a
report on the results of the study, including findings and
recommendations.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 405. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.
Section 459(e) of the Water Resources Development Act of 1999 (113
Stat. 333) is amended by striking ``date of enactment of this Act'' and
inserting ``first date on which funds are appropriated to carry out
this section.''.
SEC. 406. OHIO RIVER SYSTEM.
The Secretary may conduct a study of commodity flows on the Ohio
River system at Federal expense. The study shall include an analysis of
the commodities transported on the Ohio River system, including
information on the origins and destinations of these commodities and
market trends, both national and international.
SEC. 407. EASTERN ARKANSAS.
(a) In General.--The Secretary shall reevaluate the recommendations
in the Eastern Arkansas Region Comprehensive Study of the Memphis
District Engineer, dated August 1990, to determine whether the plans
outlined in the study for agricultural water supply from the Little Red
River, Arkansas, are feasible and in the Federal interest.
(b) Report.--Not later than September 30, 2001, the Secretary shall
transmit to Congress a report on the results of the reevaluation.
SEC. 408. RUSSELL, ARKANSAS.
(a) In General.--The Secretary shall evaluate the preliminary
investigation report for agricultural water supply, Russell, Arkansas,
entitled ``Preliminary Investigation: Lone Star Management Project'',
prepared for the Lone Star Water Irrigation District, to determine
whether the plans contained in the report are feasible and in the
Federal interest.
(b) Report.--Not later than September 30, 2001, the Secretary shall
transmit to Congress a report on the results of the evaluation.
SEC. 409. ESTUDILLO CANAL, SAN LEANDRO, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Estudillo
Canal, San Leandro, California.
SEC. 410. LAGUNA CREEK, FREMONT, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction in the Laguna Creek
watershed, Fremont, California.
SEC. 411. LAKE MERRITT, OAKLAND, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, flood damage
reduction, and recreation at Lake Merritt, Oakland, California.
SEC. 412. LANCASTER, CALIFORNIA.
(a) In General.--The Secretary shall evaluate the report of the
city of Lancaster, California, entitled ``Master Plan of Drainage'', to
determine whether the plans contained in the report are feasible and in
the Federal interest, including plans relating to drainage corridors
located at 52nd Street West, 35th Street West, North Armargosa, and
20th Street East.
(b) Report.--Not later than September 30, 2001, the Secretary shall
transmit to Congress a report on the results of the evaluation.
SEC. 413. NAPA COUNTY, CALIFORNIA.
(a) Study.--The Secretary shall conduct a study to determine the
feasibility of carrying out a project to address water supply, water
quality, and groundwater problems at Miliken, Sarco, and Tulocay Creeks
in Napa County, California.
(b) Use of Existing Data.--In conducting the study, the Secretary
shall use data and information developed by the United States
Geological Survey in the report entitled ``Geohydrologic Framework and
Hydrologic Budget of the Lower Miliken-Sarco-Tulocay Creeks Area of
Napa, California''.
SEC. 414. OCEANSIDE, CALIFORNIA.
The Secretary shall conduct a study, at Federal expense, to
determine the feasibility of carrying out a project for shoreline
protection at Oceanside, California. In conducting the study, the
Secretary shall determine the portion of beach erosion that is the
result of a Navy navigation project at Camp Pendleton Harbor,
California.
SEC. 415. SUISUN MARSH, CALIFORNIA.
The investigation for Suisun Marsh, California, authorized under
the Energy and Water Development Appropriations Act, 2000 (Public Law
106-60), shall be limited to evaluating the feasibility of the levee
enhancement and managed wetlands protection program for Suisun Marsh,
California.
SEC. 416. LAKE ALLATOONA WATERSHED, GEORGIA.
Section 413 of the Water Resources Development Act of 1999 (113
Stat. 324) is amended to read as follows:
``SEC. 413. LAKE ALLATOONA WATERSHED, GEORGIA.
``(a) In General.--The Secretary shall conduct a comprehensive
study of the Lake Allatoona watershed, Georgia, to determine the
feasibility of undertaking ecosystem restoration and resource
protection measures.
``(b) Matters To Be Addressed.--The study shall address streambank
and shoreline erosion, sedimentation, water quality, fish and wildlife
habitat degradation and other problems relating to ecosystem
restoration and resource protection in the Lake Allatoona watershed.''.
SEC. 417. CHICAGO RIVER, CHICAGO, ILLINOIS.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for shoreline protection
along the Chicago River, Chicago, Illinois.
(b) Consultation.--In conducting the study, the Secretary shall
consult, and incorporate information available from, appropriate
Federal, State, and local government agencies.
SEC. 418. CHICAGO SANITARY AND SHIP CANAL SYSTEM, CHICAGO, ILLINOIS.
The Secretary shall conduct a study to determine the advisability
of reducing the use of the waters of Lake Michigan to support
navigation in the Chicago sanitary and ship canal system, Chicago,
Illinois.
SEC. 419. LONG LAKE, INDIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for environmental restoration and protection,
Long Lake, Indiana.
SEC. 420. BRUSH AND ROCK CREEKS, MISSION HILLS AND FAIRWAY, KANSAS.
(a) In General.--The Secretary shall evaluate the preliminary
engineering report for the project for flood control, Mission Hills and
Fairway, Kansas, entitled ``Preliminary Engineering Report: Brush
Creek/Rock Creek Drainage Improvements, 66th Street to State Line
Road'', to determine whether the plans contained in the report are
feasible and in the Federal interest.
(b) Report.--Not later than September 30, 2001, the Secretary shall
transmit to Congress a report on the results of the evaluation.
SEC. 421. COASTAL AREAS OF LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
developing measures to floodproof major hurricane evacuation routes in
the coastal areas of Louisiana.
SEC. 422. IBERIA PORT, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Iberia Port, Louisiana.
SEC. 423. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall complete a post-authorization change report on the
project for hurricane-flood protection, Lake Pontchartrain, Louisiana,
authorized by section 204 of the Flood Control Act of 1965 (79 Stat.
1077), to incorporate and accomplish structural modifications to the
seawall providing protection along the south shore of Lake
Pontchartrain from the New Basin Canal on the west to the Inner Harbor
Navigation Canal on the east.
SEC. 424. LOWER ATCHAFALAYA BASIN, LOUISIANA.
As part of the Lower Atchafalaya basin reevaluation study, the
Secretary shall determine the feasibility of carrying out a project for
flood damage reduction, Stephensville, Louisiana.
SEC. 425. ST. JOHN THE BAPTIST PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction on the east bank of
the Mississippi River in St. John the Baptist Parish, Louisiana.
SEC. 426. LAS VEGAS VALLEY, NEVADA.
Section 432(b) of the Water Resources Development Act of 1999 (113
Stat. 327) is amended by inserting ``recreation,'' after ``runoff),''.
SEC. 427. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.
Section 433 of the Water Resources Development Act of 1999 (113
Stat. 327) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Evaluation of Flood Damage Reduction Measures.--In conducting
the study, the Secretary shall evaluate flood damage reduction measures
that would otherwise be excluded from the feasibility analysis based on
policies of the Corps of Engineers concerning the frequency of
flooding, the drainage area, and the amount of runoff.''.
SEC. 428. BUFFALO HARBOR, BUFFALO, NEW YORK.
(a) In General.--The Secretary shall conduct a study to determine
the advisability and potential impacts of declaring as nonnavigable a
portion of the channel at Control Point Draw, Buffalo Harbor, Buffalo
New York.
(b) Contents.--The study conducted under this section shall include
an examination of other options to meet intermodal transportation needs
in the area.
SEC. 429. HUDSON RIVER, MANHATTAN, NEW YORK.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of establishing a Hudson River Park in Manhattan, New
York City, New York. The study shall address the issues of shoreline
protection, environmental protection and restoration, recreation,
waterfront access, and open space for the area between Battery Place
and West 59th Street.
(b) Consultation.--In conducting the study under subsection (a),
the Secretary shall consult the Hudson River Park Trust.
(c) Report.--Not later than 1 year after the date of enactment of
this section, the Secretary shall transmit to Congress a report on the
result of the study, including a master plan for the park.
SEC. 430. JAMESVILLE RESERVOIR, ONONDAGA COUNTY, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration, flood damage
reduction, and water quality, Jamesville Reservoir, Onondaga County,
New York.
SEC. 431. STEUBENVIILLE, OHIO.
The Secretary shall conduct a study to determine the feasibility of
developing a public port along the Ohio River in the vicinity of
Steubenville, Ohio.
SEC. 432. GRAND LAKE, OKLAHOMA.
Section 560(a) of the Water Resources Development Act of 1996 (110
Stat. 3783) is amended--
(1) by striking ``date of enactment of this Act'' and
inserting ``date of enactment of the Water Resources
Development Act of 2000''; and
(2) by inserting ``and Miami'' after ``Pensacola Dam''.
SEC. 433. COLUMBIA SLOUGH, OREGON.
Not later than 180 days after the date of enactment of this Act,
the Secretary shall complete under section 1135 of the Water Resource
Development Act of 1986 (33 U.S.C. 2309a) a feasiblility study for the
ecosystem restoration project at Columbia Slough, Oregon. If the
Secretary determines that the project is feasible, the Secretary may
carry out the project on an expedited basis under such section.
SEC. 434. REEDY RIVER, GREENVILLE, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration, flood damage
reduction, and streambank stabilization on the Reedy River, Cleveland
Park West, Greenville, South Carolina.
SEC. 435. GERMANTOWN, TENNESSEE.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for flood control and related
purposes along Miller Farms Ditch, Howard Road Drainage, and Wolf River
Lateral D, Germantown, Tennessee.
(b) Cost Sharing.--The Secretary--
(1) shall credit toward the non-Federal share of the costs
of the feasibility study the value of the in-kind services
provided by the non-Federal interests relating to the planning,
engineering, and design of the project, whether carried out
before or after execution of the feasibility study cost-sharing
agreement if the Secretary determines the work is necessary for
completion of the study; and
(2) for the purposes of paragraph (1), shall consider the
feasibility study to be conducted as part of the Memphis Metro
Tennessee and Mississippi study authorized by resolution of the
Committee on Transportation and Infrastructure, dated March 7,
1996.
(c) Limitation.--The Secretary may not reject the project under the
feasibility study based solely on a minimum amount of stream runoff.
SEC. 436. PARK CITY, UTAH.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for water supply, Park City, Utah.
SEC. 437. MILWAUKEE, WISCONSIN.
(a) In General.--The Secretary shall evaluate the report for the
project for flood damage reduction and environmental restoration,
Milwaukee, Wisconsin, entitled ``Interim Executive Summary: Menominee
River Flood Management Plan'', dated September 1999, to determine
whether the plans contained in the report are cost-effective,
technically sound, environmentally acceptable, and in the Federal
interest.
(b) Report.--Not later than September 30, 2001, the Secretary shall
transmit to Congress a report on the results of the evaluation.
SEC. 438. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS AND
WISCONSIN.
Section 419 of the Water Resources Development Act of 1999 (113
Stat. 324-325) is amended by adding at the end the following:
``(d) Credit.--The Secretary shall provide the non-Federal interest
credit toward the non-Federal share of the cost of the study for work
performed by the non-Federal interest before the date of the study's
feasibility cost-share agreement if the Secretary determines that the
work is integral to the study.''.
SEC. 439. DELAWARE RIVER WATERSHED.
(a) Study.--The Secretary shall conduct studies and assessments to
analyze the sources and impacts of sediment contamination in the
Delaware River watershed.
(b) Activities.--Activities authorized under this section shall be
conducted by a university with expertise in research in contaminated
sediment sciences.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000. Such sums shall remain available until expended.
(2) Corps of engineers expenses.--10 percent of the amounts
appropriated to carry out this section may be used by the Corps
of Engineers district offices to administer and implement
studies and assessments under this section.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. BRIDGEPORT, ALABAMA.
(a) Determination.--The Secretary shall review the construction of
a channel performed by the non-Federal interest at the project for
navigation, Tennessee River, Bridgeport, Alabama, to determine the
Federal navigation interest in such work.
(b) Reimbursement.--If the Secretary determines under subsection
(a) that the work performed by the non-Federal interest is consistent
with the Federal navigation interest, the Secretary shall reimburse the
non-Federal interest an amount equal to the Federal share of the cost
of construction of the channel.
SEC. 502. DUCK RIVER, CULLMAN, ALABAMA.
The Secretary shall provide technical assistance to the city of
Cullman, Alabama, in the management of construction contracts for the
reservoir project on the Duck River.
SEC. 503. SEWARD, ALASKA.
The Secretary shall carry out, on an emergency one-time basis,
necessary repairs of the Lowell Creek Tunnel in Seward, Alaska, at
Federal expense and a total cost of $3,000,000.
SEC. 504. AUGUSTA AND DEVALLS BLUFF, ARKANSAS.
(a) In General.--The Secretary may operate, maintain, and
rehabilitate 37 miles of levees in and around Augusta and Devalls
Bluff, Arkansas.
(b) Reimbursement.--After incurring any cost for operation,
maintenance, or rehabilitation under subsection (a), the Secretary may
seek reimbursement from the Secretary of the Interior of an amount
equal to the portion of such cost that the Secretary determines is a
benefit to a Federal wildlife refuge.
SEC. 505. BEAVER LAKE, ARKANSAS.
The contract price for additional storage for the Carroll-Boone
Water District beyond that which is provided for in section 521 of the
Water Resources Development Act of 1999 (113 Stat. 345) shall be based
on the original construction cost of Beaver Lake and adjusted to the
2000 price level net of inflation between the date of initiation of
construction and the date of enactment of this Act.
SEC. 506. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM, ARKANSAS AND
OKLAHOMA.
Taking into account the need to realize the total economic
potential of the McClellan-Kerr Arkansas River navigation system, the
Secretary shall expedite completion of the Arkansas River navigation
study, including the feasibility of increasing the authorized channel
from 9 feet to 12 feet and, if justified, proceed directly to project
preconstruction engineering and design.<plus-minus>
SEC. 507. CALFED BAY DELTA PROGRAM ASSISTANCE, CALIFORNIA.
(a) In General.--The Secretary may participate with appropriate
Federal and State agencies in planning and management activities
associated with the CALFED Bay Delta Program (in this section referred
to as the ``Program'') and shall, to the maximum extent practicable and
in accordance with all applicable laws, integrate the activities of the
Corps of Engineers in the San Joaquin and Sacramento River basins with
the long-term goals of the Program.
(b) Cooperative Activities.--In carrying out this section, the
Secretary--
(1) may accept and expend funds from other Federal agencies
and from public, private, and non-profit entities to carry out
ecosystem restoration projects and activities associated with
the Program; and
(2) may enter into contracts, cooperative research and
development agreements, and cooperative agreements, with
Federal and public, private, and non-profit entities to carry
out such projects and activities.
(c) Geographic Scope.--For the purposes of the participation of the
Secretary under this section, the geographic scope of the Program shall
be the San Francisco Bay and the Sacramento-San Joaquin Delta Estuary
and their watershed (also known as the ``Bay-Delta Estuary''), as
identified in the agreement entitled the ``Framework Agreement Between
the Governor's Water Policy Council of the State of California and the
Federal Ecosystem Directorate''.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years 2002
through 2005.
SEC. 508. CLEAR LAKE BASIN, CALIFORNIA.
Amounts made available to the Secretary by the Energy and Water
Appropriations Act, 2000 (113 Stat. 483 et seq.) for the project for
aquatic ecosystem restoration, Clear Lake basin, California, to be
carried out under section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330), may only be used for the wetlands restoration
and creation elements of the project.
SEC. 509. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN, CALIFORNIA.
The Secretary shall carry out a project for flood damage reduction
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) at
the Contra Costa Canal, Oakley and Knightsen, California, if the
Secretary determines that the project is technically sound,
environmentally acceptable, and economically justified.
SEC. 510. HUNTINGTON BEACH, CALIFORNIA.
The Secretary shall carry out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) a project for flood damage
reduction in Huntington Beach, California, if the Secretary determines
that the project is technically sound, environmentally acceptable, and
economically justified.
SEC. 511. MALLARD SLOUGH, PITTSBURG, CALIFORNIA.
The Secretary shall carry out under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s) a project for flood damage
reduction in Mallard Slough, Pittsburg, California, if the Secretary
determines that the project is technically sound, environmentally
acceptable, and economically justified.
SEC. 512. PENN MINE, CALAVERAS COUNTY, CALIFORNIA.
(a) In General.--The Secretary shall reimburse the non-Federal
interest for the project for aquatic ecosystem restoration, Penn Mine,
Calaveras County, California, carried out under section 206 of the
Water Resources Development Act of 1996 (33 U.S.C. 2330), $4,100,000
for the Federal share of costs incurred by the non-Federal interest for
work carried out by the non-Federal interest for the project.
(b) Source of Funding.--Reimbursement under subsection (a) shall be
from amounts appropriated before the date of enactment of this Act for
the project described in subsection (a).
SEC. 513. PORT OF SAN FRANCISCO, CALIFORNIA.
(a) Emergency Measures.--The Secretary shall carry out, on an
emergency basis, measures to address health, safety, and environmental
risks posed by floatables and floating debris originating from Piers 24
and 64 in the Port of San Francisco, California, by removing such
floatables and debris.
(b) Study.--The Secretary shall conduct a study to determine the
risk to navigation posed by floatables and floating debris originating
from Piers 24 and 64 in the Port of San Francisco, California, and the
cost of removing such floatables and debris.
(c) Funding.--There is authorized to be appropriated $3,000,000 to
carry out this section.
SEC. 514. SAN GABRIEL BASIN, CALIFORNIA.
(a) San Gabriel Basin Restoration.--
(1) Establishment of fund.--There shall be established
within the Treasury of the United States an interest bearing
account to be known as the San Gabriel Basin Restoration Fund
(in this section referred to as the ``Restoration Fund'').
(2) Administration of fund.--The Restoration Fund shall be
administered by the Secretary, in cooperation with the San
Gabriel Basin Water Quality Authority or its successor agency.
(3) Purposes of fund.--
(A) In general.--Subject to subparagraph (B), the
amounts in the Restoration Fund, including interest
accrued, shall be utilized by the Secretary--
(i) to design and construct water quality
projects to be administered by the San Gabriel
Basin Water Quality Authority and the Central
Basin Water Quality Project to be administered
by the Central Basin Municipal Water District;
and
(ii) to operate and maintain any project
constructed under this section for such period
as the Secretary determines, but not to exceed
10 years, following the initial date of
operation of the project.
(B) Cost-sharing limitation.--The Secretary may not
obligate any funds appropriated to the Restoration Fund
in a fiscal year until the Secretary has deposited in the Fund an
amount provided by non-Federal interests sufficient to ensure that at
least 35 percent of any funds obligated by the Secretary are from funds
provided to the Secretary by the non-Federal interests. The San Gabriel
Basin Water Quality Authority shall be responsible for providing the
non-Federal amount required by the preceding sentence. The State of
California, local government agencies, and private entities may provide
all or any portion of such amount.
(b) Compliance With Applicable Law.--In carrying out the activities
described in this section, the Secretary shall comply with any
applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this section
shall be construed to affect other Federal or State authorities that
are being used or may be used to facilitate the cleanup and protection
of the San Gabriel and Central groundwater basins. In carrying out the
activities described in this section, the Secretary shall integrate
such activities with ongoing Federal and State projects and activities.
None of the funds made available for such activities pursuant to this
section shall be counted against any Federal authorization ceiling
established for any previously authorized Federal projects or
activities.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a)
$85,000,000. Such funds shall remain available until expended.
(2) Set-aside.--Of the amounts appropriated under paragraph
(1), no more than $10,000,000 shall be available to carry out
the Central Basin Water Quality Project.
(e) Adjustment.--Of the $25,000,000 made available for San Gabriel
Basin Groundwater Restoration, California, under the heading
``Construction, General'' in title I of the Energy and Water
Development Appropriations Act, 2001--
(1) $2,000,000 shall be available only for studies and
other investigative activities and planning and design of
projects determined by the Secretary to offer a long-term
solution to the problem of groundwater contamination caused by
perchlorates at sites located in the city of Santa Clarita,
California; and
(2) $23,000,000 shall be deposited in the Restoration Fund,
of which $4,000,000 shall be used for remediation in the
Central Basin, California.
SEC. 515. STOCKTON, CALIFORNIA.
The Secretary shall evaluate the feasibility of the Lower Mosher
Slough element and the levee extensions on the Upper Calaveras River
element of the project for flood control, Stockton Metropolitan Area,
California, carried out under section 211(f)(3) of the Water Resources
Development Act of 1996 (110 Stat. 3683), to determine the eligibility
of such elements for reimbursement under section 211 of such Act (33
U.S.C. 701b-13). If the Secretary determines that such elements are
technically sound, environmentally acceptable, and economically
justified, the Secretary shall reimburse under section 211 of such Act
the non-Federal interest for the Federal share of the cost of such
elements.
SEC. 516. PORT EVERGLADES, FLORIDA.
Notwithstanding the absence of a project cooperation agreement, the
Secretary shall reimburse the non-Federal interest for the project for
navigation, Port Everglades Harbor, Florida, $15,003,000 for the
Federal share of costs incurred by the non-Federal interest in carrying
out the project and determined by the Secretary to be eligible for
reimbursement under the limited reevaluation report of the Corps of
Engineers, dated April 1998.
SEC. 517. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.
(a) In General.--In coordination with the Florida Keys Aqueduct
Authority, appropriate agencies of municipalities of Monroe County,
Florida, and other appropriate public agencies of the State of Florida
or Monroe County, the Secretary may provide technical and financial
assistance to carry out projects for the planning, design, and
construction of treatment works to improve water quality in the Florida
Keys National Marine Sanctuary.
(b) Criteria for Projects.--Before entering into a cooperation
agreement to provide assistance with respect to a project under this
section, the Secretary shall ensure that--
(1) the non-Federal sponsor has completed adequate planning
and design activities, as applicable;
(2) the non-Federal sponsor has completed a financial plan
identifying sources of non-Federal funding for the project;
(3) the project complies with--
(A) applicable growth management ordinances of
Monroe County, Florida;
(B) applicable agreements between Monroe County,
Florida, and the State of Florida to manage growth in
Monroe County, Florida; and
(C) applicable water quality standards; and
(4) the project is consistent with the master wastewater
and stormwater plans for Monroe County, Florida.
(c) Consideration.--In selecting projects under subsection (a), the
Secretary shall consider whether a project will have substantial water
quality benefits relative to other projects under consideration.
(d) Consultation.--In carrying out this section, the Secretary
shall consult with--
(1) the Water Quality Steering Committee established under
section 8(d)(2)(A) of the Florida Keys National Marine
Sanctuary and Protection Act (106 Stat. 5054);
(2) the South Florida Ecosystem Restoration Task Force
established by section 528(f) of the Water Resources
Development Act of 1996 (110 Stat. 3771-3773);
(3) the Commission on the Everglades established by
executive order of the Governor of the State of Florida; and
(4) other appropriate State and local government officials.
(e) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of a
project carried out under this section shall be 35 percent.
(2) Credit.--
(A) In general.--The Secretary may provide the non-
Federal interest credit toward cash contributions
required--
(i) before and during the construction of
the project, for the costs of planning,
engineering, and design, and for the
construction management work that is performed
by the non-Federal interest and that the
Secretary determines is necessary to implement
the project; and
(ii) during the construction of the
project, for the construction that the non-
Federal interest carries out on behalf of the
Secretary and that the Secretary determines is
necessary to carry out the project.
(B) Treatment of credit between projects.--Any
credit provided under this paragraph may be carried
over between authorized projects.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $100,000,000. Such sums shall
remain available until expended.
SEC. 518. BALLARD'S ISLAND, LASALLE COUNTY, ILLINOIS.
The Secretary may provide the non-Federal interest for the project
for the improvement of the quality of the environment, Ballard's
Island, LaSalle County, Illinois, carried out under section 1135 of the
Water Resources Development Act of 1986 (33 U.S.C 2309a), credit toward
the non-Federal share of the cost of the project for work performed by
the non-Federal interest after July 1, 1999, if the Secretary
determines that the work is integral to the project.
SEC. 519. LAKE MICHIGAN DIVERSION, ILLINOIS.
Section 1142(b) of the Water Resources Development Act of 1986 (110
Stat. 4253; 113 Stat. 339) is amended by inserting after ``2003'' the
following: ``and $800,000 for each fiscal year beginning after
September 30, 2003,''.
SEC. 520. KOONTZ LAKE, INDIANA.
The Secretary shall provide the non-Federal interest for the
project for aquatic ecosystem restoration, Koontz Lake, Indiana,
carried out under section 206 of the Water Resources Development Act of
1996 (22 U.S.C. 2330), credit toward the non-Federal share of the cost
of the project for work performed by the non-Federal interest before
the date of execution of the project cooperation agreement if the
Secretary determines that the work is integral to the project.
SEC. 521. CAMPBELLSVILLE LAKE, KENTUCKY.
The Secretary shall repair the retaining wall and dam at
Campbellsville Lake, Kentucky, to protect the public road on top of the
dam at Federal expense and a total cost of $200,000.
SEC. 522. WEST VIEW SHORES, CECIL COUNTY, MARYLAND.
Not later than 1 year after the date of enactment of this Act, the
Secretary shall carry out an investigation of the contamination of the
well system in West View Shores, Cecil County, Maryland. If the
Secretary determines that a disposal site for a Federal navigation
project has contributed to the contamination of the well system, the
Secretary may provide alternative water supplies, including replacement
of wells, at Federal expense.
SEC. 523. CONSERVATION OF FISH AND WILDLIFE, CHESAPEAKE BAY, MARYLAND
AND VIRGINIA.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended by adding at the end the following: ``In
addition, there is authorized to be appropriated $20,000,000 to carry
out paragraph (4).''.
SEC. 524. MUDDY RIVER, BROOKLINE AND BOSTON, MASSACHUSETTS.
The Secretary shall carry out the project for flood damage
reduction and environmental restoration, Muddy River, Brookline and
Boston, Massachusetts, substantially in accordance with the plans, and
subject to the conditions, described in the draft evaluation report of
the New England District Engineer entitled ``Phase I Muddy River Master
Plan'', dated June 2000.
SEC. 525. SOO LOCKS, SAULT STE. MARIE, MICHIGAN.
The Secretary may not require a cargo vessel equipped with bow
thrusters and friction winches that is transiting the Soo Locks in
Sault Ste. Marie, Michigan, to provide more than 2 crew members to
serve as line handlers on the pier of a lock, except in adverse weather
conditions or if there is a mechanical failure on the vessel.
SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY PROJECT.
(a) Project Authorization.--Section 541(a) of the Water Resources
Development Act of 1996 (110 Stat. 3777) is amended--
(1) by striking ``implement'' and inserting ``conduct full
scale demonstrations of''; and
(2) by inserting before the period the following: ``,
including technologies evaluated for the New York/New Jersey
Harbor under section 405 of the Water Resources Development Act
of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863)''.
(b) Authorization of Appropriations.--Section 541(b) of such Act is
amended by striking ``$1,000,000'' and inserting ``$3,000,000''.
SEC. 527. MINNEAPOLIS, MINNESOTA.
(a) In General.--The Secretary, in cooperation with the State of
Minnesota, shall design and construct the project for environmental
restoration and recreation, Minneapolis, Minnesota, substantially in
accordance with the plans described in the report entitled
``Feasibility Study for Mississippi Whitewater Park, Minneapolis,
Minnesota'', prepared for the Minnesota department of natural
resources, dated June 30, 1999.
(b) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of the
project shall be determined in accordance with title I of the
Water Resources Development Act of 1986 (33 U.S.C. 2211 et
seq.).
(2) Lands, easements, and rights-of-way.--The non-Federal
interest shall provide all lands, easements, rights-of-way,
relocations, and dredged material disposal areas necessary for
construction of the project and shall receive credit for the
cost of providing such lands, easements, rights-of-way,
relocations, and dredged material disposal areas toward the
non-Federal share of the cost of the project.
(3) Operation, maintenance, repair, rehabilitation, and
replacement.--The operation, maintenance, repair,
rehabilitation, and replacement of the project shall be a non-
Federal responsibility.
(4) Credit for non-federal work.--The non-Federal interest
shall receive credit toward the non-Federal share of the cost
of the project for work performed by the non-Federal interest
before the date of execution of the project cooperation
agreement if the Secretary determines that the work is integral
to the project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 528. ST. LOUIS COUNTY, MINNESOTA.
The Secretary shall carry out under section 204 of the Water
Resources Development Act of 1992 (33 U.S.C. 2326) a project in St.
Louis County, Minnesota, by making beneficial use of dredged material
from a Federal navigation project.
SEC. 529. WILD RICE RIVER, MINNESOTA.
The Secretary shall prepare a general reevaluation report on the
project for flood control, Wild Rice River, Minnesota, authorized by
section 201 of the Flood Control Act of 1970 (84 Stat. 1825), and, if
the Secretary determines that the project is technically sound,
environmentally acceptable, and economically justified, shall carry out
the project. In carrying out the reevaluation, the Secretary shall
include river dredging as a component of the study.
SEC. 530. COASTAL MISSISSIPPI WETLANDS RESTORATION PROJECTS.
(a) In General.--In order to further the purposes of section 204 of
the Water Resources Development Act of 1992 (33 U.S.C. 2326) and
section 206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330), the Secretary shall participate in restoration projects for
critical coastal wetlands and coastal barrier islands in the State of
Mississippi that will produce, consistent with existing Federal
programs, projects, and activities, immediate and substantial
restoration, preservation, and ecosystem protection benefits, including
the beneficial use of dredged material if such use is a cost-effective
means of disposal of such material.
(b) Project Selection.--The Secretary, in coordination with other
Federal, tribal, State, and local agencies, may identify and implement
projects described in subsection (a) after entering into an agreement
with an appropriate non-Federal interest in accordance with this
section.
(c) Cost Sharing.--Before implementing any project under this
section, the Secretary shall enter into a binding agreement with the
non-Federal interests. The agreement shall provide that the non-Federal
responsibility for the project shall be as follows:
(1) To acquire any lands, easements, rights-of-way,
relocations, and dredged material disposal areas necessary for
implementation of the project.
(2) To hold and save harmless the United States free from
claims or damages due to implementation of the project, except
for the negligence of the Federal Government or its
contractors.
(3) To pay 35 percent of project costs.
(d) Nonprofit Entity.--For any project undertaken under this
section, a non-Federal interest may include a nonprofit entity with the
consent of the affected local government.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 531. MISSOURI RIVER VALLEY IMPROVEMENTS.
(a) Missouri River Mitigation Project.--The project for mitigation
of fish and wildlife losses, Missouri River Bank Stabilization and
Navigation Project, Missouri, Kansas, Iowa, and Nebraska authorized by
section 601(a) of the Water Resources Development Act of 1986 (100
Stat. 4143) and modified by section 334 of the Water Resources
Development Act of 1999 (113 Stat. 306), is further modified to
authorize $200,000,000 for fiscal years 2001 through 2010 to be
appropriated to the Secretary for acquisition of 118,650 acres of land
and interests in land for the project.
(b) Upper Missouri River Aquatic and Riparian Habitat Mitigation
Program.--
(1) In general.--
(A) Study.--The Secretary shall complete a study
that analyzes the need for additional measures for
mitigation of losses of aquatic and terrestrial habitat
from Fort Peck Dam to Sioux City, Iowa, resulting from
the operation of the Missouri River Mainstem Reservoir
project in the States of Nebraska, South Dakota, North
Dakota, and Montana.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report describing the results of the
study.
(2) Pilot program.--The Secretary, in consultation with the
Director of the United States Fish and Wildlife Service and the
affected State fish and wildlife agencies, shall develop and
administer a pilot mitigation program that--
(A) involves the experimental releases of warm
water from the spillways at Fort Peck Dam during the
appropriate spawning periods for native fish;
(B) involves the monitoring of the response of fish
to, and the effectiveness toward the preservation of
native fish and wildlife habitat as a result of, such
releases; and
(C) requires the Secretary to provide compensation
for any loss of hydropower at Fort Peck Dam resulting
from implementation of the pilot program; and
(D) does not effect a change in the Missouri River
Master Water Control Manual.
(3) Reservoir fish loss study.--
(A) In general.--The Secretary, in consultation
with the North Dakota Game and Fish Department and the
South Dakota Department of Game, Fish and Parks, shall
complete a study to analyze and recommend measures to
avoid or reduce the loss of fish, including rainbow
smelt, through Garrison Dam in North Dakota and Oahe
Dam in South Dakota.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit
to Congress a report describing the results of the
study.
(4) Authorization of appropriations.--There is authorized
to be appropriated--
(A) to complete the study under paragraph (3)
$200,000; and
(B) to carry out the other provisions of this
subsection $1,000,000 for each of fiscal years 2001
through 2010.
(c) Missouri and Middle Mississippi Rivers Enhancement Project.--
Section 514(g) of the Water Resources Development Act of 1999 (113
Stat. 342) is amended to read as follows:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to pay the Federal share of the cost of carrying out
activities under this section $5,000,000 for each of fiscal years 2001
through 2010.''.
SEC. 532. NEW MADRID COUNTY, MISSOURI.
For purposes of determining the non-Federal share for the project
for navigation, New Madrid County Harbor, Missouri, carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), the
Secretary shall consider Phases 1 and 2 as described in the report of
the District Engineer, dated February 2000, as one project and provide
credit to the non-Federal interest toward the non-Federal share of the
combined project for work performed by the non-Federal interest on
Phase 1 of the project.
SEC. 533. PEMISCOT COUNTY, MISSOURI.
The Secretary shall provide the non-Federal interest for the
project for navigation, Caruthersville Harbor, Pemiscot County,
Missouri, carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577), credit toward the non-Federal share of the cost
of the project for in-kind work performed by the non-Federal interest
after December 1, 1997, if the Secretary determines that the work is
integral to the project.
SEC. 534. LAS VEGAS, NEVADA.
(a) Definitions.--In this section, the following definitions apply:
(1) Committee.--The term ``Committee'' means the Las Vegas
Wash Coordinating Committee.
(2) Plan.--The term ``Plan'' means the Las Vegas Wash
comprehensive adaptive management plan, developed by the
Committee and dated January 20, 2000.
(3) Project.--The term ``Project'' means the Las Vegas Wash
wetlands restoration and Lake Mead water quality improvement
project and includes the programs, features, components,
projects, and activities identified in the Plan.
(b) Participation in Project.--
(1) In general.--The Secretary, in conjunction with the
Administrator of the Environmental Protection Agency, the
Secretary of Agriculture, and the Secretary of the Interior and
in partnership with the Committee, shall participate in the
implementation of the Project to restore wetlands at Las Vegas
Wash and to improve water quality in Lake Mead in accordance
with the Plan.
(2) Cost sharing requirements.--
(A) In general.--The non-Federal interests shall
pay 35 percent of the cost of any project carried out
under this section.
(B) Operation and maintenance.--The non-Federal
interests shall be responsible for all costs associated
with operating, maintaining, replacing, repairing, and
rehabilitating all projects carried out under this
section.
(C) Federal lands.--Notwithstanding any other
provision of this subsection, the Federal share of the
cost of a project carried out under this section on
Federal lands shall be 100 percent, including the costs
of operation and maintenance.
(3) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000 to carry out this section.
SEC. 535. NEWARK, NEW JERSEY.
(a) In General.--Using authorities under law in effect on the date
of enactment of this Act, the Secretary, the Director of the Federal
Emergency Management Agency, the Administrator of the Environmental
Protection Agency, and the heads of other appropriate Federal agencies
shall assist the State of New Jersey in developing and implementing a
comprehensive basinwide strategy in the Passaic, Hackensack, Raritan,
and Atlantic Coast floodplain areas for coordinated and integrated
management of land and water resources to improve water quality, reduce
flood hazards, and ensure sustainable economic activity.
(b) Technical Assistance, Staff, and Financial Support.--The heads
of the Federal agencies referred to in subsection (a) may provide
technical assistance, staff, and financial support for the development
of the floodplain management strategy.
(c) Flexibility.--The heads of the Federal agencies referred to in
subsection (a) shall exercise flexibility to reduce barriers to
efficient and effective implementation of the floodplain management
strategy.
(d) Research.--In coordination with academic and research
institutions for support, the Secretary may conduct a study to carry
out this section.
SEC. 536. URBANIZED PEAK FLOOD MANAGEMENT RESEARCH, NEW JERSEY.
(a) In General.--The Secretary shall develop and implement a
research program to evaluate opportunities to manage peak flood flows
in urbanized watersheds located in the State of New Jersey.
(b) Scope of Research.--The research program authorized by
subsection (a) shall be accomplished through the New York District of
Corps of Engineers. The research shall include the following:
(1) Identification of key factors in the development of an
urbanized watershed that affect peak flows in the watershed and
downstream.
(2) Development of peak flow management models for 4 to 6
watersheds in urbanized areas with widely differing geology,
shapes, and soil types that can be used to determine optimal
flow reduction factors for individual watersheds.
(c) Location.--The activities authorized by this section shall be
carried out at the facility authorized by section 103(d) of the Water
Resources Development Act of 1992 106 Stat. 4812-4813, which may be
located on the campus of the New Jersey Institute of Technology.
(d) Report to Congress.--The Secretary shall evaluate policy
changes in the planning process for flood damage reduction projects
based on the results of the research under this section and transmit to
Congress a report on such results not later than 3 years after the date
of enactment of this Act.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $11,000,000 for fiscal years
beginning after September 30, 2000.
SEC. 537. BLACK ROCK CANAL, BUFFALO, NEW YORK.
The Secretary shall provide technical assistance in support of
activities of non-Federal interests related to the dredging of Black
Rock Canal in the area between the Ferry Street Overpass and the Peace
Bridge Overpass in Buffalo, New York.
SEC. 538. HAMBURG, NEW YORK.
The Secretary shall complete the study of a project for shoreline
erosion, Old Lake Shore Road, Hamburg, New York, and, if the Secretary
determines that the project is feasible, the Secretary shall carry out
the project.
SEC. 539. NEPPERHAN RIVER, YONKERS, NEW YORK.
The Secretary shall provide technical assistance to the city of
Yonkers, New York, in support of activities relating to the dredging of
the Nepperhan River outlet, New York.
SEC. 540. ROCHESTER, NEW YORK.
The Secretary shall complete the study of a project for navigation,
Rochester Harbor, Rochester, New York, and, if the Secretary determines
that the project is feasible, the Secretary shall carry out the
project.
SEC. 541. UPPER MOHAWK RIVER BASIN, NEW YORK.
(a) In General.--The Secretary, in cooperation with the Secretary
of Agriculture and the State of New York, shall conduct a study,
develop a strategy, and implement a project to reduce flood damages,
improve water quality, and create wildlife habitat through wetlands
restoration, soil and water conservation practices, nonstructural
measures, and other appropriate means in the Upper Mohawk River Basin,
at an estimated Federal cost of $10,000,000.
(b) Implementation of Strategy.--The Secretary shall implement the
strategy under this section in cooperation with local landowners and
local government. Projects to implement the strategy shall be designed
to take advantage of ongoing or planned actions by other agencies,
local municipalities, or nonprofit, nongovernmental organizations with
expertise in wetlands restoration that would increase the effectiveness
or decrease the overall cost of implementing recommended projects and
may include the acquisition of wetlands, from willing sellers, that
contribute to the Upper Mohawk River basin ecosystem.
(c) Cooperation Agreements.--In carrying out activities under this
section, the Secretary shall enter into cooperation agreements to
provide financial assistance to appropriate Federal, State, and local
government agencies as well as appropriate nonprofit, nongovernmental
organizations with expertise in wetlands restoration, with the consent
of the affected local government. Financial assistance provided may
include activities for the implementation of wetlands restoration
projects and soil and water conservation measures.
(d) Non-Federal Share.--The non-Federal share of the cost of
activities carried out under this section shall be 25 percent and may
be provided through in-kind services and materials.
(e) Upper Mohawk River Basin Defined.--In this section, the term
``Upper Mohawk River basin'' means the Mohawk River, its tributaries,
and associated lands upstream of the confluence of the Mohawk River and
Canajoharie Creek, and including Canajoharie Creek, New York.
SEC. 542. EASTERN NORTH CAROLINA FLOOD PROTECTION.
(a) In General.--In order to assist the State of North Carolina and
local governments in mitigating damages resulting from a major
disaster, the Secretary shall carry out flood damage reduction projects
in eastern North Carolina by protecting, clearing, and restoring
channel dimensions (including removing accumulated snags and other
debris) in the following rivers and tributaries:
(1) New River and tributaries.
(2) White Oak River and tributaries.
(3) Neuse River and tributaries.
(4) Pamlico River and tributaries.
(b) Cost Share.--The non-Federal interest for a project under this
section shall--
(1) pay 35 percent of the cost of the project; and
(2) provide any lands, easements, rights-of-way,
relocations, and material disposal areas necessary for
implementation of the project.
(c) Conditions.--The Secretary may not reject a project based
solely on a minimum amount of stream runoff.
(d) Major Disaster Defined.--In this section, the term ``major
disaster'' means a major disaster declared under title IV of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
5170 et seq.) and includes any major disaster declared before the date
of enactment of this Act.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000 for fiscal years 2001
through 2003.
SEC. 543. CUYAHOGA RIVER, OHIO.
(a) In General.--The Secretary shall provide technical assistance
to non-Federal interests for an evaluation of the structural integrity
of the bulkhead system located along the Cuyahoga River in the vicinity
of Cleveland, Ohio, at a total cost of $500,000.
(b) Evaluation.--The evaluation described in subsection (a) shall
include design analysis, plans and specifications, and cost estimates
for repair or replacement of the bulkhead system.
SEC. 544. CROWDER POINT, CROWDER, OKLAHOMA.
At the request of the city of Crowder, Oklahoma, the Secretary
shall enter into a long-term lease, not to exceed 99 years, with the
city under which the city may develop, operate, and maintain as a
public park all or a portion of approximately 260 acres of land known
as Crowder Point on Lake Eufaula, Oklahoma. The lease shall include
such terms and conditions as the Secretary determines are necessary to
protect the interest of the United States and project purposes and
shall be made without consideration to the United States.
SEC. 545. OKLAHOMA-TRIBAL COMMISSION.
(a) Findings.--The House of Representatives makes the following
findings:
(1) The unemployment rate in southeastern Oklahoma is 23
percent greater than the national average.
(2) The per capita income in southeastern Oklahoma is 62
percent of the national average.
(3) Reflecting the inadequate job opportunities and
dwindling resources in poor rural communities, southeastern
Oklahoma is experiencing an out-migration of people.
(4) Water represents a vitally important resource in
southeastern Oklahoma. Its abundance offers an opportunity for
the residents to benefit from their natural resources.
(5) Trends as described in paragraphs (1), (2), and (3) are
not conducive to local economic development, and efforts to
improve the management of water in the region would have a
positive outside influence on the local economy, help reverse
these trends, and improve the lives of local residents.
(b) Sense of House of Representatives.--In view of the findings
described in subsection (a), and in order to assist communities in
southeastern Oklahoma in benefiting from their local resources, it is
the sense of the House of Representatives that--
(1) the State of Oklahoma and the Choctaw Nation of
Oklahoma and the Chickasaw Nation, Oklahoma, should establish a
State-tribal commission composed equally of representatives of
such Nations and residents of the water basins within the
boundaries of such Nations for the purpose of administering and
distributing from the sale of water any benefits and net
revenues to the tribes and local entities within the respective
basins;
(2) any sale of water to entities outside the basins should
be consistent with the procedures and requirements established
by the commission; and
(3) if requested, the Secretary should provide technical
assistance, as appropriate, to facilitate the efforts of the
commission.
SEC. 546. COLUMBIA RIVER, OREGON AND WASHINGTON.
(a) Modeling and Forecasting System.--The Secretary shall develop
and implement a modeling and forecasting system for the Columbia River
estuary, Oregon and Washington, to provide real-time information on
existing and future wave, current, tide, and wind conditions.
(b) Use of Contracts and Grants.--In carrying out this section, the
Secretary is encouraged to use contracts, cooperative agreements, and
grants with colleges and universities and other non-Federal entities.
SEC. 547. JOHN DAY POOL, OREGON AND WASHINGTON.
(a) Extinguishment of Reversionary Interests and Use
Restrictions.--With respect to the lands described in each deed listed
in subsection (b)--
(1) the reversionary interests and the use restrictions
relating to port or industrial purposes are extinguished;
(2) the human habitation or other building structure use
restriction is extinguished in each area where the elevation is
above the standard project flood elevation; and
(3) the use of fill material to raise areas above the
standard project flood elevation, without increasing the risk
of flooding in or outside of the floodplain, is authorized,
except in any area constituting wetland for which a permit
under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) would be required.
(b) Affected Deeds.--The following deeds are referred to in
subsection (a):
(1) The deeds executed by the United States and bearing
Morrow County, Oregon, Auditor's Microfilm Numbers 229 and
16226.
(2) The deed executed by the United States and bearing
Benton County, Washington, Auditor's File Number 601766, but
only as that deed applies to the following portion of lands
conveyed by that deed:
A tract of land lying in Section 7, Township 5
north, Range 28 east of the Willamette meridian, Benton
County, Washington, said tract being more particularly
described as follows:
Commencing at the point of intersection of
the centerlines of Plymouth Street and Third
Avenue in the First Addition to the Town of
Plymouth (according to the duly recorded Plat
thereof);
thence westerly along the said centerline
of Third Avenue, a distance of 565 feet;
thence south 54 deg. 10' west, to a point
on the west line of Tract 18 of said Addition
and the true point of beginning;
thence north, parallel with the west line
of said Section 7, to a point on the north line
of said Section 7;
thence west along the north line thereof to
the northwest corner of said Section 7;
thence south along the west line of said
Section 7 to a point on the ordinary high water
line of the Columbia River;
thence northeasterly along said high water
line to a point on the north and south
coordinate line of the Oregon Coordinate
System, North Zone, said coordinate line being
east 2,291,000 feet;
thence north along said line to a point on
the south line of First Avenue of said
Addition;
thence westerly along First Avenue to a
point on southerly extension of the west line
of Tract 18;
thence northerly along said west line of
Tract 18 to the point of beginning.
(3) The deed recorded October 17, 1967, in book 291, page
148, Deed of Records of Umatilla County, Oregon, executed by
the United States.
(c) No Effect on Other Needs.--Nothing in this section affects the
remaining rights and interests of the Corps of Engineers for authorized
project purposes.
SEC. 548. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ESTUARY PROGRAM,
OREGON AND WASHINGTON.
(a) In General.--The Secretary shall conduct studies and ecosystem
restoration projects for the lower Columbia River and Tillamook Bay
estuaries, Oregon and Washington.
(b) Use of Management Plans.--
(1) Lower columbia river estuary.--
(A) In general.--In carrying out ecosystem
restoration projects under this section, the Secretary
shall use as a guide the Lower Columbia River estuary
program's comprehensive conservation and management
plan developed under section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330).
(B) Consultation.--The Secretary shall carry out
ecosystem restoration projects under this section for
the lower Columbia River estuary in consultation with
the States of Oregon and Washington, the Environmental
Protection Agency, the United States Fish and Wildlife
Service, the National Marine Fisheries Service, and the
Forest Service.
(2) Tillamook bay estuary.--
(A) In general.--In carrying out ecosystem
restoration projects under this section, the Secretary
shall use as a guide the Tillamook Bay national estuary
project's comprehensive conservation and management
plan developed under section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330).
(B) Consultation.--The Secretary shall carry out
ecosystem restoration projects under this section for
the Tillamook Bay estuary in consultation with the
State of Oregon, the Environmental Protection Agency,
the United States Fish and Wildlife Service, the
National Marine Fisheries Service, and the Forest
Service.
(c) Authorized Activities.--
(1) In general.--In carrying out ecosystem restoration
projects under this section, the Secretary shall undertake
activities necessary to protect, monitor, and restore fish and
wildlife habitat.
(2) Limitations.--The Secretary may not carry out any
activity under this section that adversely affects--
(A) the water-related needs of the lower Columbia
River estuary or the Tillamook Bay estuary, including
navigation, recreation, and water supply needs; or
(B) private property rights.
(d) Priority.--In determining the priority of projects to be
carried out under this section, the Secretary shall consult with the
Implementation Committee of the Lower Columbia River Estuary Program
and the Performance Partnership Council of the Tillamook Bay National
Estuary Project, and shall consider the recommendations of such
entities.
(e) Cost-Sharing Requirements.--
(1) Studies.--Studies conducted under this section shall be
subject to cost sharing in accordance with section 105 of the
Water Resources Development Act of 1986 (33 U.S.C. 2215).
(2) Ecosystem restoration projects.--
(A) In general.--Non-Federal interests shall pay 35
percent of the cost of any ecosystem restoration
project carried out under this section.
(B) Items provided by non-federal interests.--Non-
Federal interests shall provide all land, easements,
rights-of-way, dredged material disposal areas, and
relocations necessary for ecosystem restoration
projects to be carried out under this section. The
value of such land, easements, rights-of-way, dredged
material disposal areas, and relocations shall be
credited toward the payment required under this
paragraph.
(C) In-kind contributions.--Not more than 50
percent of the non-Federal share required under this
subsection may be satisfied by the provision of in-kind
services.
(3) Operation and maintenance.--Non-Federal interests shall
be responsible for all costs associated with operating,
maintaining, replacing, repairing, and rehabilitating all
projects carried out under this section.
(4) Federal lands.--Notwithstanding any other provision of
this subsection, the Federal share of the cost of a project
carried out under this section on Federal lands shall be 100
percent, including costs of operation and maintenance.
(f) Definitions.--In this section, the following definitions apply:
(1) Lower columbia river estuary.--The term ``lower
Columbia River estuary'' means those river reaches having
navigation channels on the mainstem of the Columbia River in
Oregon and Washington west of Bonneville Dam, and the
tributaries of such reaches to the extent such tributaries are
tidally influenced.
(2) Tillamook bay estuary.--The term ``Tillamook Bay
estuary'' means those waters of Tillamook Bay in Oregon and its
tributaries that are tidally influenced.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 549. SKINNER BUTTE PARK, EUGENE, OREGON.
Section 546(b) of the Water Resources Development Act of 1999 (113
Stat. 351) is amended by adding at the end the following: ``If the
Secretary participates in the project, the Secretary shall carry out a
monitoring program for 3 years after construction to evaluate the
ecological and engineering effectiveness of the project and its
applicability to other sites in the Willamette Valley.''.
SEC. 550. WILLAMETTE RIVER BASIN, OREGON.
Section 547 of the Water Resources Development Act of 1999 (113
Stat. 351-352) is amended by adding at the end the following:
``(d) Research.--In coordination with academic and research
institutions for support, the Secretary may conduct a study to carry
out this section.''.
SEC. 551. LACKAWANNA RIVER, PENNSYLVANIA.
(a) In General.--Section 539(a) of the Water Resources Development
Act of 1996 (110 Stat. 3776) is amended--
(1) by striking ``and'' at the end of paragraph (1)(A);
(2) by striking the period at the end of paragraph (1)(B)
and inserting ``; and''; and
(3) by adding at the end the following:
``(C) the Lackawanna River, Pennsylvania.''.
(b) Authorization of Appropriations.--Section 539(d) of such Act
(110 Stat. 3776-3777) is amended--
(1) by striking ``(a)(1)(A) and'' and inserting
``(a)(1)(A),''; and
(2) by inserting ``, and $5,000,000 for projects undertaken
under subsection (a)(1)(C)'' before the period at the end.
SEC. 552. PHILADELPHIA, PENNSYLVANIA.
(a) In General.--The Secretary shall provide assistance to the
Delaware River Port Authority to deepen the Delaware River at Pier 122
in Philadelphia, Pennsylvania.
(b) Authorization of Appropriations.--There is authorized to be
appropriated $1,000,000 to carry out this section.
SEC. 553. ACCESS IMPROVEMENTS, RAYSTOWN LAKE, PENNSYLVANIA.
The Commonwealth of Pennsylvania may transfer any unobligated funds
made available to the Commonwealth for item number 1278 of the table
contained in section 1602 of Public Law 105-178, to the Secretary for
access improvements at the Raystown Lake project, Pennsylvania.
SEC. 554. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW YORK.
Section 567 of the Water Resources Development Act of 1996 (110
Stat. 3787-3788) is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) The Susquehanna River watershed upstream of the
Chemung River, New York, at an estimated Federal cost of
$10,000,000.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Cooperation Agreements.--In conducting the study and
developing the strategy under this section, the Secretary shall enter
into cooperation agreements to provide financial assistance to
appropriate Federal, State, and local government agencies as well as
appropriate nonprofit, nongovernmental organizations with expertise in
wetlands restoration, with the consent of the affected local
government. Financial assistance provided may include activities for
the implementation of wetlands restoration projects and soil and water
conservation measures.
``(d) Implementation of Strategy.--The Secretary shall undertake
development and implementation of the strategy under this section in
cooperation with local landowners and local government officials.
Projects to implement the strategy shall be designed to take advantage
of ongoing or planned actions by other agencies, local municipalities,
or nonprofit, nongovernmental organizations with expertise in wetlands
restoration that would increase the effectiveness or decrease the
overall cost of implementing recommended projects and may include the
acquisition of wetlands, from willing sellers, that contribute to the
Upper Susquehanna River basin ecosystem.''.
SEC. 555. CHICKAMAUGA LOCK, CHATTANOOGA, TENNESSEE.
(a) Transfer From TVA.--The Tennessee Valley Authority shall
transfer $200,000 to the Secretary for the preparation of a report of
the Chief of Engineers for a replacement lock at Chickamauga Lock and
Dam, Chattanooga, Tennessee.
(b) Report.--The Secretary shall accept and use the funds
transferred under subsection (a) to prepare the report referred to in
subsection (a).
SEC. 556. JOE POOL LAKE, TEXAS.
If the city of Grand Prairie, Texas, enters into a binding
agreement with the Secretary under which--
(1) the city agrees to assume all of the responsibilities
(other than financial responsibilities) of the Trinity River
Authority of Texas under Corps of Engineers contract #DACW63-
76-C-0166, including operation and maintenance of the
recreation facilities included in the contract; and
(2) to pay the Federal Government a total of $4,290,000 in
2 installments, 1 in the amount of $2,150,000, which shall be
due and payable no later than December 1, 2000, and 1 in the
amount of $2,140,000, which shall be due and payable no later
than December 1, 2003,
the Trinity River Authority shall be relieved of all of its financial
responsibilities under the contract as of the date the Secretary enters
into the agreement with the city.
SEC. 557. BENSON BEACH, FORT CANBY STATE PARK, WASHINGTON.
The Secretary shall place dredged material at Benson Beach, Fort
Canby State Park, Washington, in accordance with section 204 of the
Water Resources Development Act of 1992 (33 U.S.C. 2326).
SEC. 558. PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON.
(a) In General.--The Secretary may participate in critical
restoration projects in the area of the Puget Sound and its adjacent
waters, including the watersheds that drain directly into Puget Sound,
Admiralty Inlet, Hood Canal, Rosario Strait, and the eastern portion of
the Strait of Juan de Fuca.
(b) Project Selection.--The Secretary, in consultation with
appropriate Federal, tribal, State, and local agencies, (including the
Salmon Recovery Funding Board, Northwest Straits Commission, Hood Canal
Coordinating Council, county watershed planning councils, and salmon
enhancement groups) may identify critical restoration projects and may
implement those projects after entering into an agreement with an
appropriate non-Federal interest in accordance with the requirements of
section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and
this section.
(c) Project Cost Limitation.--Of amounts appropriated to carry out
this section, not more than $2,500,000 may be allocated to carry out
any project.
(d) Cost Sharing.--
(1) In general.--The non-Federal interest for a critical
restoration project under this section shall--
(A) pay 35 percent of the cost of the project;
(B) provide any lands, easements, rights-of-way,
relocations, and dredged material disposal areas
necessary for implementation of the project;
(C) pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs
associated with the project; and
(D) hold the United States harmless from liability
due to implementation of the project, except for the
negligence of the Federal Government or its
contractors.
(2) Credit.--The Secretary shall provide credit to the non-
Federal interest for a critical restoration project under this
section for the value of any lands, easements, rights-of-way,
relocations, and dredged material disposal areas provided by
the non-Federal interest for the project.
(3) Meeting non-federal cost share.--The non-Federal
interest may provide up to 50 percent of the non-Federal share
of the cost of a project under this section through the
provision of services, materials, supplies, or other in-kind
services.
(e) Critical Restoration Project Defined.--In this section, the
term ``critical restoration project'' means a water resource project
that will produce, consistent with existing Federal programs, projects,
and activities, immediate and substantial environmental protection and
restoration benefits.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000.
SEC. 559. SHOALWATER BAY INDIAN TRIBE, WILLAPA BAY, WASHINGTON.
(a) Placement of Dredged Material on Shore.--For the purpose of
addressing coastal erosion, the Secretary shall place, on an emergency
one-time basis, dredged material from a Federal navigation project on
the shore of the tribal reservation of the Shoalwater Bay Indian Tribe,
Willapa Bay, Washington, at Federal expense.
(b) Placement of Dredged Material on Protective Dunes.--The
Secretary shall place dredged material from Willapa Bay on the
remaining protective dunes on the tribal reservation of the Shoalwater
Bay Indian Tribe, at Federal expense.
(c) Study of Coastal Erosion.--The Secretary shall conduct a study
to develop long-term solutions to coastal erosion problems at the
tribal reservation of the Shoalwater Bay Indian Tribe at Federal
expense.
SEC. 560. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASHINGTON.
(a) In General.--The city of Aberdeen, Washington, may transfer its
rights, interests, and title in the land transferred to the city under
section 203 of the Water Resources Development Act of 1990 (104 Stat.
4632) to the city of Tacoma, Washington.
(b) Conditions.--The transfer under this section shall be subject
to the conditions set forth in section 203(b) of the Water Resources
Development Act of 1990 (104 Stat. 4632); except that the condition set
forth in paragraph (1) of such section shall apply to the city of
Tacoma only for so long as the city of Tacoma has a valid license with
the Federal Energy Regulatory Commission relating to operation of the
Wynoochee Dam, Washington.
(c) Limitation.--The transfer under subsection (a) may be made only
after the Secretary determines that the city of Tacoma will be able to
operate, maintain, repair, replace, and rehabilitate the project for
Wynoochee Lake, Wynoochee River, Washington, authorized by section 203
of the Flood Control Act of 1962 (76 Stat. 1193), in accordance with
such regulations as the Secretary may issue to ensure that such
operation, maintenance, repair, replacement, and rehabilitation is
consistent with project purposes.
(d) Water Supply Contract.--The water supply contract designated as
DACWD 67-68-C-0024 shall be null and void if the Secretary exercises
the reversionary right set forth in section 203(b)(3) of the Water
Resources Development Act of 1990 (104 Stat. 4632).
SEC. 561. SNOHOMISH RIVER, WASHINGTON.
In coordination with appropriate Federal, tribal, and State
agencies, the Secretary may carry out a project to address data needs
regarding the outmigration of juvenile chinook salmon in the Snohomish
River, Washington.
SEC. 562. BLUESTONE, WEST VIRGINIA.
(a) In General.--Notwithstanding any other provision of law, the
Tri-Cities Power Authority of West Virginia is authorized to design and
construct hydroelectric generating facilities at the Bluestone Lake
facility, West Virginia, under the terms and conditions of the
agreement referred to in subsection (b).
(b) Agreement.--
(1) Agreement terms.--Conditioned upon the parties agreeing
to mutually acceptable terms and conditions, the Secretary and
the Secretary of Energy, acting through the Southeastern Power
Administration, may enter into a binding agreement with the
Tri-Cities Power Authority under which the Tri-Cities Power
Authority agrees to each of the following:
(A) To design and construct the generating
facilities referred to in subsection (a) within 4 years
after the date of such agreement.
(B) To reimburse the Secretary for--
(i) the cost of approving such design and
inspecting such construction;
(ii) the cost of providing any assistance
authorized under subsection (c)(2); and
(iii) the redistributed costs associated
with the original construction of the dam and
dam safety if all parties agree with the method
of the development of the chargeable amounts
associated with hydropower at the facility.
(C) To release and indemnify the United States from
any claims, causes of action, or liabilities which may
arise from such design and construction of the
facilities referred to in subsection (a), including any
liability that may arise out of the removal of the
facility if directed by the Secretary.
(2) Additional terms.--The agreement shall also specify
each of the following:
(A) The procedures and requirements for approval
and acceptance of design, construction, and operation
and maintenance of the facilities referred in
subsection (a).
(B) The rights, responsibilities, and liabilities
of each party to the agreement.
(C) The amount of the payments under subsection (f)
of this section and the procedures under which such
payments are to be made.
(c) Other Requirements.--
(1) Prohibition.--No Federal funds may be expended for the
design, construction, and operation and maintenance of the
facilities referred to in subsection (a) prior to the date on
which such facilities are accepted by the Secretary under
subsection (d).
(2) Reimbursement.--Notwithstanding any other provision of
law, if requested by the Tri-Cities Power Authority, the
Secretary may provide, on a reimbursable basis, assistance in
connection with the design and construction of the generating
facilities referred to in subsection (a).
(d) Completion of Construction.--
(1) Transfer of facilities.--Notwithstanding any other
provision of law, upon completion of the construction of the
facilities referred to in subsection (a) and final approval of
such facility by the Secretary, the Tri-Cities Power Authority
shall transfer without consideration title to such facilities
to the United States, and the Secretary shall--
(A) accept the transfer of title to such facilities
on behalf of the United States; and
(B) operate and maintain the facilities referred to
in subsection (a).
(2) Certification.--The Secretary is authorized to accept
title to the facilities pursuant to paragraph (1) only after
certifying that the quality of the construction meets all
standards established for similar facilities constructed by the
Secretary.
(3) Authorized project purposes.--The operation and
maintenance of the facilities shall be conducted in a manner
that is consistent with other authorized project purposes of
the Bluestone Lake facility.
(e) Excess Power.--Pursuant to any agreement under subsection (b),
the Southeastern Power Administration shall market the excess power
produced by the facilities referred to in subsection (a) in accordance
with section 5 of the Rivers and Harbors Act of December 22, 1944 (16
U.S.C. 825s; 58 Stat. 890).
(f) Payments.--Notwithstanding any other provision of law, the
Secretary of Energy, acting through the Southeastern Power
Administration, is authorized to pay in accordance with the terms of
the agreement entered into under subsection (b) out of the revenues
from the sale of power produced by the generating facility of the
interconnected systems of reservoirs operated by the Secretary and
marketed by the Southeastern Power Administration--
(1) to the Tri-Cities Power Authority all reasonable costs
incurred by the Tri-Cities Power Authority in the design and
construction of the facilities referred to in subsection (a),
including the capital investment in such facilities and a
reasonable rate of return on such capital investment; and
(2) to the Secretary, in accordance with the terms of the
agreement entered into under subsection (b) out of the revenues
from the sale of power produced by the generating facility of
the interconnected systems of reservoirs operated by the
Secretary and marketed by the Southeastern Power
Administration, all reasonable costs incurred by the Secretary
in the operation and maintenance of facilities referred to in
subsection (a).
(g) Authority of Secretary of Energy.--Notwithstanding any other
provision of law, the Secretary of Energy, acting through the
Southeastern Power Administration, is authorized--
(1) to construct such transmission facilities as necessary
to market the power produced at the facilities referred to in
subsection (a) with funds contributed by the Tri-Cities Power
Authority; and
(2) to repay those funds, including interest and any
administrative expenses, directly from the revenues from the
sale of power produced by such facilities of the interconnected
systems of reservoirs operated by the Secretary and marketed by
the Southeastern Power Administration.
(h) Savings Clause.--Nothing in this section affects any
requirement under Federal or State environmental law relating to the
licensing or operation of such facilities.
SEC. 563. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.
Section 30 of the Water Resources Development Act of 1988 (102
Stat. 4030) is amended by adding at the end the following:
``(d) Historic Structure.--The Secretary shall ensure the
preservation and restoration of the structure known as the Jenkins
House located within the Lesage/Greenbottom Swamp in accordance with
standards for sites listed on the National Register of Historic
Places.''.
SEC. 564. TUG FORK RIVER, WEST VIRGINIA.
(a) In General.--The Secretary may provide planning, design, and
construction assistance to non-Federal interests for projects located
along the Tug Fork River in West Virginia and identified by the master
plan developed pursuant to section 114(t) of the Water Resources
Development Act of 1992 (106 Stat. 4820).
(b) Priorities.--In providing assistance under this section, the
Secretary shall give priority to the primary development demonstration
sites in West Virginia identified by the master plan referred to in
subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 565. VIRGINIA POINT RIVERFRONT PARK, WEST VIRGINIA.
(a) In General.--The Secretary may provide planning, design, and
construction assistance to non-Federal interests for the project at
Virginia Point, located at the confluence of the Ohio and Big Sandy
Rivers in West Virginia, identified by the preferred plan set forth in
the feasibility study dated September 1999, and carried out under the
West Virginia-Ohio River Comprehensive Study authorized by a resolution
dated September 8, 1988, by the Committee on Public Works and
Transportation of the House of Representatives.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,100,000.
SEC. 566. SOUTHERN WEST VIRGINIA.
Section 340(a) of the Water Resources Development Act of 1992 (106
Stat. 4856) is amended by inserting ``environmental restoration,''
after ``distribution facilities,''.
SEC. 567. FOX RIVER SYSTEM, WISCONSIN.
Section 332(a) of the Water Resources Development Act of 1992 (106
Stat. 4852) is amended by adding at the end the following: ``Such terms
and conditions may include a payment or payments to the State of
Wisconsin to be used toward the repair and rehabilitation of the locks
and appurtenant features to be transferred.''.
SEC. 568. SURFSIDE/SUNSET AND NEWPORT BEACH, CALIFORNIA.
The Secretary shall treat the Surfside/Sunset Newport Beach element
of the project for beach erosion, Orange County, California, authorized
by section 101 of the River and Harbor Act of 1962 (76 Stat. 1177), as
continuing construction.
SEC. 569. ILLINOIS RIVER BASIN RESTORATION.
(a) Illinois River Basin Defined.--In this section, the term
``Illinois River basin'' means the Illinois River, Illinois, its
backwaters, side channels, and all tributaries, including their
watersheds, draining into the Illinois River.
(b) Comprehensive Plan.--
(1) Development.--The Secretary shall develop, as
expeditiously as practicable, a proposed comprehensive plan for
the purpose of restoring, preserving, and protecting the
Illinois River basin.
(2) Technologies and innovative approaches.--The
comprehensive plan shall provide for the development of new
technologies and innovative approaches--
(A) to enhance the Illinois River as a vital
transportation corridor;
(B) to improve water quality within the entire
Illinois River basin;
(C) to restore, enhance, and preserve habitat for
plants and wildlife; and
(D) to increase economic opportunity for
agriculture and business communities.
(3) Specific components.--The comprehensive plan shall
include such features as are necessary to provide for--
(A) the development and implementation of a program
for sediment removal technology, sediment
characterization, sediment transport, and beneficial
uses of sediment;
(B) the development and implementation of a program
for the planning, conservation, evaluation, and
construction of measures for fish and wildlife habitat
conservation and rehabilitation, and stabilization and
enhancement of land and water resources in the basin;
(C) the development and implementation of a long-
term resource monitoring program; and
(D) the development and implementation of a
computerized inventory and analysis system.
(4) Consultation.--The comprehensive plan shall be
developed by the Secretary in consultation with appropriate
Federal agencies, the State of Illinois, and the Illinois River
Coordinating Council.
(5) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit to
Congress a report containing the comprehensive plan.
(6) Additional studies and analyses.--After transmission of
a report under paragraph (5), the Secretary shall continue to
conduct such studies and analyses related to the comprehensive
plan as are necessary, consistent with this subsection.
(c) Critical Restoration Projects.--
(1) In general.--If the Secretary, in cooperation with
appropriate Federal agencies and the State of Illinois,
determines that a restoration project for the Illinois River
basin will produce independent, immediate, and substantial
restoration, preservation, and protection benefits, the
Secretary shall proceed expeditiously with the implementation
of the project.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out projects under this subsection
$100,000,000 for fiscal years 2001 through 2004.
(3) Federal share.--The Federal share of the cost of
carrying out any project under this subsection shall not exceed
$5,000,000.
(d) General Provisions.--
(1) Water quality.--In carrying out projects and activities
under this section, the Secretary shall take into account the
protection of water quality by considering applicable State
water quality standards.
(2) Public participation.--In developing the comprehensive
plan under subsection (b) and carrying out projects under
subsection (c), the Secretary shall implement procedures to
facilitate public participation, including providing advance
notice of meetings, providing adequate opportunity for public
input and comment, maintaining appropriate records, and making
a record of the proceedings of meetings available for public
inspection.
(e) Coordination.--The Secretary shall integrate and coordinate
projects and activities carried out under this section with ongoing
Federal and State programs, projects, and activities, including the
following:
(1) Upper Mississippi River System-Environmental Management
Program authorized under section 1103 of the Water Resources
Development Act of 1986 (33 U.S.C. 652).
(2) Upper Mississippi River Illinois Waterway System Study.
(3) Kankakee River Basin General Investigation.
(4) Peoria Riverfront Development General Investigation.
(5) Illinois River Ecosystem Restoration General
Investigation.
(6) Conservation Reserve Program and other farm programs of
the Department of Agriculture.
(7) Conservation Reserve Enhancement Program (State) and
Conservation 2000, Ecosystem Program of the Illinois Department
of Natural Resources.
(8) Conservation 2000 Conservation Practices Program and
the Livestock Management Facilities Act administered by the
Illinois Department of Agriculture.
(9) National Buffer Initiative of the Natural Resources
Conservation Service.
(10) Nonpoint source grant program administered by the
Illinois Environmental Protection Agency.
(f) Justification.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision
of law, in carrying out activities to restore, preserve, and
protect the Illinois River basin under this section, the
Secretary may determine that the activities--
(A) are justified by the environmental benefits
derived by the Illinois River basin; and
(B) shall not need further economic justification
if the Secretary determines that the activities are
cost-effective.
(2) Applicability.--Paragraph (1) shall not apply to any
separable element intended to produce benefits that are
predominantly unrelated to the restoration, preservation, and
protection of the Illinois River basin.
(g) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of
projects and activities carried out under this section shall be
35 percent.
(2) Operation, maintenance, rehabilitation, and
replacement.--The operation, maintenance, rehabilitation, and
replacement of projects carried out under this section shall be
a non-Federal responsibility.
(3) In-kind services.--The value of in-kind services
provided by the non-Federal interest for a project or activity
carried out under this section may be credited toward not more
than 80 percent of the non-Federal share of the cost of the
project or activity. In-kind services shall include all State
funds expended on programs and projects which accomplish the
goals of this section, as determined by the Secretary. Such
programs and projects may include the Illinois River
Conservation Reserve Program, the Illinois Conservation 2000
Program, the Open Lands Trust Fund, and other appropriate
programs carried out in the Illinois River basin.
(4) Credit.--
(A) Value of lands.--If the Secretary determines
that lands or interests in land acquired by a non-
Federal interest, regardless of the date of
acquisition, are integral to a project or activity
carried out under this section, the Secretary may
credit the value of the lands or interests in land
toward the non-Federal share of the cost of the project
or activity. Such value shall be determined by the
Secretary.
(B) Work.--If the Secretary determines that any
work completed by a non-Federal interest, regardless of
the date of completion, is integral to a project or
activity carried out under this section, the Secretary
may credit the value of the work toward the non-Federal
share of the cost of the project or activity. Such
value shall be determined by the Secretary.
SEC. 570. GREAT LAKES.
(a) Great Lakes Tributary Model.--Section 516 of the Water
Resources Development Act of 1996 (33 U.S.C. 2326b) is amended--
(1) by adding at the end of subsection (e) the following:
``(3) Report.--Not later than December 31, 2003, the
Secretary shall transmit to Congress a report on the
Secretary's activities under this subsection.''; and
(2) in subsection (g)--
(A) by striking ``There is authorized'' and
inserting the following:
``(1) In general.--There is authorized'';
(B) by adding at the end the following:
``(2) Great lakes tributary model.--In addition to amounts
made available under paragraph (1), there is authorized to be
appropriated to carry out subsection (e) $5,000,000 for each of
fiscal years 2002 through 2006.''; and
(C) by aligning the remainder of the text of
paragraph (1) (as designated by subparagraph (A) of
this paragraph) with paragraph (2) (as added by
subparagraph (B) of this paragraph).
(b) Alternative Engineering Technologies.--
(1) Development of plan.--The Secretary shall develop and
transmit to Congress a plan to enhance the application of
ecological principles and practices to traditional engineering
problems at Great Lakes shores.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $200,000.
Activities under this subsection shall be carried out at
Federal expense.
(c) Fisheries and Ecosystem Restoration.--
(1) Development of plan.--The Secretary shall develop and
transmit to Congress a plan for implementing Corps of Engineers
activities, including ecosystem restoration, to enhance the
management of Great Lakes fisheries.
(2) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $300,000.
Activities under this subsection shall be carried out at
Federal expense.
SEC. 571. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 110 Stat. 3763; 113 Stat. 338) is amended--
(1) in subsection (a)(2)(A) by striking ``50 percent'' and
inserting ``35 percent'';
(2) in subsection (b)--
(A) by striking paragraph (3);
(B) in the first sentence of paragraph (4) by
striking ``50 percent'' and inserting ``35 percent'';
and
(C) by redesignating paragraph (4) as paragraph
(3); and
(3) in subsection (c) by striking ``$5,000,000 for each of
fiscal years 1998 through 2000.'' and inserting ``$10,000,000
for each of fiscal years 2001 through 2005.''.
SEC. 572. GREAT LAKES DREDGING LEVELS ADJUSTMENT.
(a) Definition of Great Lake.--In this section, the term ``Great
Lake'' means Lake Superior, Lake Michigan, Lake Huron (including Lake
St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence
River to the 45th parallel of latitude).
(b) Dredging Levels.--In operating and maintaining Federal channels
and harbors of, and the connecting channels between, the Great Lakes,
the Secretary shall conduct such dredging as is necessary to ensure
minimal operation depths consistent with the original authorized depths
of the channels and harbors when water levels in the Great Lakes are,
or are forecast to be, below the International Great Lakes Datum of
1985.
SEC. 573. DREDGED MATERIAL RECYCLING.
(a) Pilot Program.--The Secretary shall conduct a pilot program to
provide incentives for the removal of dredged material from a confined
disposal facility associated with a harbor on the Great Lakes or the
Saint Lawrence River and a harbor on the Delaware River in Pennsylvania
for the purpose of recycling the dredged material and extending the
life of the confined disposal facility.
(b) Report.--Not later than 90 days after the date of completion of
the pilot program, the Secretary shall transmit to Congress a report on
the results of the program.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000.
SEC. 574. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
Section 503(d) of the Water Resources Development Act of 1996 (110
Stat. 3756-3757; 113 Stat. 288) is amended by adding at the end the
following:
``(28) Tomales Bay watershed, California.
``(29) Kaskaskia River watershed, Illinois.
``(30) Sangamon River watershed, Illinois.
``(31) Lackawanna River watershed, Pennsylvania.
``(32) Upper Charles River watershed, Massachusetts.
``(33) Brazos River watershed, Texas.''.
SEC. 575. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110
Stat. 3759; 113 Stat. 339) is amended by adding at the end the
following:
``(16) Cameron Loop, Louisiana, as part of the Calcasieu
River and Pass Ship Channel.
``(17) Morehead City Harbor, North Carolina.''.
SEC. 576. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
The requirements of section 2361 of title 10, United States Code,
shall not apply to any contract, cooperative research and development
agreement, cooperative agreement, or grant entered into under section
229 of the Water Resources Development Act of 1996 (110 Stat. 3703)
between the Secretary and Marshall University or entered into under
section 350 of the Water Resources Development Act of 1999 (113 Stat.
310) between the Secretary and Juniata College.
SEC. 577. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General Government
Appropriations Act, 1999 (112 Stat. 2861-515), the Secretary may
participate in the National Recreation Reservation Service on an
interagency basis and fund the Department of the Army's share of the
cost of activities required for implementing, operating, and
maintaining the Service.
SEC. 578. HYDROGRAPHIC SURVEY.
The Secretary shall enter into an agreement with the Administrator
of the National Oceanographic and Atmospheric Administration to require
the Secretary, not later than 60 days after the Corps of Engineers
completes a project involving dredging of a channel, to provide data to
the Administration in a standard digital format on the results of a
hydrographic survey of the channel conducted by the Corps of Engineers.
SEC. 579. PERCHLORATE.
(a) In General.--The Secretary, in cooperation with Federal, State,
and local government agencies, may participate in studies and other
investigative activities and in the planning and design of projects
determined by the Secretary to offer a long-term solution to the
problem of groundwater contamination caused by perchlorates.
(b) Investigations and Projects.--
(1) Bosque and leon rivers.--The Secretary, in coordination
with other Federal agencies and the Brazos River Authority,
shall participate under subsection (a) in investigations and
projects in the Bosque and Leon River watersheds in Texas to
assess the impact of the perchlorate associated with the former
Naval ``Weapons Industrial Reserve Plant'' at McGregor, Texas.
(2) Caddo lake.--The Secretary, in coordination with other
Federal agencies and the Northeast Texas Municipal Water
District, shall participate under subsection (a) in
investigations and projects relating to perchlorate
contamination in Caddo Lake, Texas.
(3) Eastern santa clara basin.--The Secretary, in
coordination with other Federal, State, and local government
agencies, shall participate under subsection (a) in
investigations and projects related to sites that are sources
of perchlorates and that are located in the city of Santa
Clarita, California.
(c) Authorization of Appropriations.--For the purposes of carrying
out this section, there is authorized to be appropriated to the
Secretary $25,000,000, of which not to exceed $8,000,000 shall be
available to carry out subsection (b)(1), not to exceed $3,000,000
shall be available to carry out subsection (b)(2), and not to exceed
$7,000,000 shall be available to carry out subsection (b)(3).
SEC. 580. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
Section 560 of the Water Resources Development Act of 1999 (33 USC
2336; 113 Stat. 354-355) is amended--
(1) in subsection (a) by striking ``and design'' and
inserting ``design, and construction'';
(2) in subsection (c) by striking ``50'' and inserting
``35'';
(3) in subsection (e) by inserting ``and colleges and
universities, including the members of the Western Universities
Mine-Land Reclamation and Restoration Consortium, for the
purposes of assisting in the reclamation of abandoned noncoal
mines and'' after ``entities''; and
(4) by striking subsection (f) and inserting the following:
``(f) Non-Federal Interests.--In this section, the term `non-
Federal interests' includes, with the consent of the affected local
government, nonprofit entities, notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
``(g) Operation and Maintenance.--The non-Federal share of the
costs of operation and maintenance for a project carried out under this
section shall be 100 percent.
``(h) Credit.--A non-Federal interest shall receive credit toward
the non-Federal share of the cost of a project under this section for
design and construction services and other in-kind consideration
provided by the non-Federal interest if the Secretary determines that
such design and construction services and other in-kind consideration
are integral to the project.
``(i) Cost Limitation.--Not more than $10,000,000 of the amounts
appropriated to carry out this section may be allotted for projects in
a single locality, but the Secretary may accept funds voluntarily
contributed by a non-Federal or Federal entity for the purpose of
expanding the scope of the services requested by the non-Federal or
Federal entity.
``(j) No Effect on Liability.--The provision of assistance under
this section shall not relieve from liability any person that would
otherwise be liable under Federal or State law for damages, response
costs, natural resource damages, restitution, equitable relief, or any
other relief.
``(k) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $45,000,000. Such sums shall
remain available until expended.''.
SEC. 581. LAKES PROGRAM.
Section 602 of the Water Resources Development Act of 1986 (100
Stat. 4148-4149) is further amended--
(1) in subsection (b) by inserting ``and activity'' after
``project'';
(2) in subsection (c) by inserting ``and activities under
subsection (f)'' before the comma; and
(3) by adding at the end the following:
``(f) Center for Lake Education and Research, Otsego Lake, New
York.--
``(1) In general.--The Secretary shall construct an
environmental education and research facility at Otsego Lake,
New York. The purpose of the Center shall be to--
``(A) conduct nationwide research on the impacts of
water quality and water quantity on lake hydrology and
the hydrologic cycle;
``(B) develop technologies and strategies for
monitoring and improving water quality in the Nation's
lakes; and
``(C) provide public education regarding the
biological, economic, recreational, and aesthetic value
of the Nation's lakes.
``(2) Use of research.--The results of research and
education activities carried out at the Center shall be applied
to the program under subsection (a) and to other Federal
programs, projects, and activities that are intended to improve
or otherwise affect lakes.
``(3) Biological monitoring station.--A central function of
the Center shall be to research, develop, test, and evaluate
biological monitoring technologies and techniques for potential
use at lakes listed in subsection (a) and throughout the
Nation.
``(4) Credit.--The non-Federal sponsor shall receive credit
for lands, easements, rights-of-way, and relocations toward its
share of project costs.
``(5) Authorization of appropriations.--In addition to sums
authorized by subsection (d), there is authorized to be
appropriated to carry out this subsection $6,000,000. Such sums
shall remain available until expended.''.
SEC. 582. RELEASE OF USE RESTRICTION.
(a) Release.--Notwithstanding any other provision of law, the
Tennessee Valley Authority shall grant a release or releases, without
monetary consideration, from the restriction covenant which requires
that property described in subsection (b) shall at all times be used
solely for the purpose of erecting docks and buildings for shipbuilding
purposes or for the manufacture or storage of products for the purpose
of trading or shipping in transportation.
(b) Description of Property.--This section shall apply only to
those lands situated in the city of Decatur, Morgan County, Alabama,
and running along the easterly boundary of a tract of land described in
an indenture conveying such lands to the Ingalls Shipbuilding
Corporation dated July 29, 1954, and recorded in deed book 535 at page
6 in the office of the Probate Judge of Morgan County, Alabama, which
are owned or may hereafter be acquired by the Alabama Farmers
Cooperative, Inc.
SEC. 583. COMPREHENSIVE ENVIRONMENTAL RESOURCES PROTECTION.
(a) In General.--Under section 219(a) of the Water Resources
Development Act of 1992 (106 Stat. 4835), the Secretary may provide
technical, planning, and design assistance to non-Federal interests to
carry out water-related projects described in this section.
(b) Non-Federal Share.--Notwithstanding section 219(b) of the Water
Resources Development Act of 1992 (106 Stat. 4835), the non-Federal
share of the cost of each project assisted in accordance with this
section shall be 25 percent.
(c) Project Descriptions.--The Secretary may provide assistance in
accordance with subsection (a) to each of the following projects:
(1) Marana, arizona.--Wastewater treatment and
distribution infrastructure, Marana, Arizona.
(2) Eastern arkansas enterprise community, arkansas.--
Water-related infrastructure, Eastern Arkansas Enterprise
Community, Cross, Lee, Monroe, and St. Francis Counties,
Arkansas.
(3) Chino hills, california.--Storm water and sewage
collection infrastructure, Chino Hills, California.
(4) Clear lake basin, california.--Water-related
infrastructure and resource protection, Clear Lake Basin,
California.
(5) Desert hot springs, california.--Resource protection
and wastewater infrastructure, Desert Hot Springs, California.
(6) Eastern municipal water district, california.--Regional
water-related infrastructure, Eastern Municipal Water District,
California.
(7) Huntington beach, california.--Water supply and
wastewater infrastructure, Huntington Beach, California.
(8) Inglewood, california.--Water infrastructure,
Inglewood, California.
(9) Los osos community service district, california.--
Wastewater infrastructure, Los Osos Community Service District,
California.
(10) Norwalk, california.--Water-related infrastructure,
Norwalk, California.
(11) Key biscayne, florida.--Sanitary sewer infrastructure,
Key Biscayne, Florida.
(12) South tampa, florida.--Water supply and aquifer
storage and recovery infrastructure, South Tampa, Florida.
(13) Fort wayne, indiana.--Combined sewer overflow
infrastructure and wetlands protection, Fort Wayne, Indiana.
(14) Indianapolis, indiana.--Combined sewer overflow
infrastructure, Indianapolis, Indiana.
(15) St. charles, st. bernard, and plaquemines parishes,
louisiana.--Water and wastewater infrastructure, St. Charles,
St. Bernard, and Plaquemines Parishes, Louisiana.
(16) St. john the baptist and st. james parishes,
louisiana.--Water and sewer improvements, St. John the Baptist
and St. James Parishes, Louisiana.
(17) Union county, north carolina.--Water infrastructure,
Union County, North Carolina.
(18) Hood river, oregon.--Water transmission
infrastructure, Hood River, Oregon.
(19) Medford, oregon.--Sewer collection infrastructure,
Medford, Oregon.
(20) Portland, oregon.--Water infrastructure and resource
protection, Portland, Oregon.
(21) Coudersport, pennsylvania.--Sewer system extensions
and improvements, Coudersport, Pennsylvania.
(22) Park city, utah.--Water supply infrastructure, Park
City, Utah.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
$25,000,000 for providing assistance in accordance with
subsection (a) to the projects described in subsection (c).
(2) Availability.--Sums authorized to be appropriated under
this subsection shall remain available until expended.
(e) Additional Assistance for Critical Resource Projects.--The
Secretary may provide assistance in accordance with subsection (a) and
assistance for construction for each the following projects:
(1) Duck river, cullman, alabama.--$5,000,000 for water
supply infrastructure, Duck River, Cullman, Alabama.
(2) Union county, arkansas.--$52,000,000 for water supply
infrastructure, including facilities for withdrawal, treatment,
and distribution, Union County, Arkansas.
(3) Cambria, california.--$10,300,000 for desalination
infrastructure, Cambria, California.
(4) Los angeles harbor/terminal island, california.--
$6,500,000 for wastewater recycling infrastructure, Los Angeles
Harbor/Terminal Island, California.
(5) North valley region, lancaster, california.--
$14,500,000 for water infrastructure, North Valley Region,
Lancaster, California.
(6) San diego county, california.--$10,000,000 for water-
related infrastructure, San Diego County, California.
(7) South perris, california.--$25,000,000 for water supply
desalination infrastructure, South Perris, California.
(8) Aurora, illinois.--$8,000,000 for wastewater
infrastructure to reduce or eliminate combined sewer overflows,
Aurora, Illinois.
(9) Cook county, illinois.--$35,000,000 for water-related
infrastructure and resource protection and development, Cook
County, Illinois.
(10) Madison and st. clair counties, illinois.--$10,000,000
for water and wastewater assistance, Madison and St. Clair
Counties, Illinois.
(11) Iberia parish, louisiana.--$5,000,000 for water and
wastewater infrastructure, Iberia Parish, Louisiana.
(12) Kenner, louisiana.--$5,000,000 for wastewater
infrastructure, Kenner, Louisiana.
(13) Garrison and kathio township, minnesota.--$11,000,000
for a wastewater infrastructure project for the city of
Garrison and Kathio Township, Minnesota.
(14) Newton, new jersey.--$7,000,000 for water filtration
infrastructure, Newton, New Jersey.
(15) Liverpool, new york.--$2,000,000 for water
infrastructure, including a pump station, Liverpool, New York.
(16) Stanly county, north carolina.--$8,900,000 for
wastewater infrastructure, Stanly County, North Carolina.
(17) Yukon, oklahoma.--$5,500,000 for water-related
infrastructure, including wells, booster stations, storage
tanks, and transmission lines, Yukon, Oklahoma.
(18) Allegheny county, pennsylvania.--$20,000,000 for
water-related environmental infrastructure, Allegheny County,
Pennsylvania.
(19) Mount joy township and conewago township,
pennsylvania.--$8,300,000 for water and wastewater
infrastructure, Mount Joy Township and Conewago Township,
Pennsylvania.
(20) Phoenixville borough, chester county, pennsylvania.--
$2,400,000 for water and sewer infrastructure, Phoenixville
Borough, Chester County, Pennsylvania.
(21) Titusville, pennsylvania.--$7,300,000 for storm water
separation and treatment plant upgrades, Titusville,
Pennsylvania.
(22) Washington, greene, westmoreland, and fayette
counties, pennsylvania.--$8,000,000 for water and wastewater
infrastructure, Washington, Greene, Westmoreland, and Fayette
Counties, Pennsylvania.
SEC. 584. MODIFICATION OF AUTHORIZATIONS FOR ENVIRONMENTAL PROJECTS.
Section 219 of the Water Resources Development Act of 1992 (106
Stat. 4835, 4836) is amended--
(1) in subsection (e)(6) by striking ``$20,000,000'' and
inserting ``$30,000,000'';
(2) in subsection (f)(4) by striking ``$15,000,000'' and
inserting ``$35,000,000'';
(3) in subsection (f)(21) by striking ``$10,000,000'' and
inserting ``$20,000,000'';
(4) in subsection (f)(25) by striking ``$5,000,000'' and
inserting ``$15,000,000'';
(5) in subsection (f)(30) by striking ``$10,000,000'' and
inserting ``$20,000,000'';
(6) in subsection (f)(43) by striking ``$15,000,000'' and
inserting ``$35,000,000''; and
(7) in subsection (f) by adding at the end the following
new paragraph:
``(44) Washington, d.c., and maryland.--$15,000,000 for the
project described in subsection (c)(1), modified to include
measures to eliminate or control combined sewer overflows in
the Anacostia River watershed.''.
SEC. 585. LAND CONVEYANCES.
(a) Thompson, Connecticut.--
(1) In general.--The Secretary shall convey by quitclaim
deed without consideration to the town of Thompson,
Connecticut, all right, title, and interest of the United
States in and to the approximately 1.36-acre parcel of land
described in paragraph (2) for public ownership and use by the
town for fire fighting and related emergency services purposes.
(2) Land description.--The parcel of land referred to in
paragraph (1) is in the town of Thompson, county of Windham,
State of Connecticut, on the northerly side of West Thompson
Road owned by the United States and shown as Parcel A on a plan
by Provost, Rovero, Fitzback entitled ``Property Survey
Prepared for West Thompson Independent Firemen Association #1''
dated August 24, 1998, bounded and described as follows:
Beginning at a bound labeled WT-276 on the
northerly side line of West Thompson Road, so called,
at the most south corner of the Parcel herein described
and at land now or formerly of West Thompson
Independent Firemen Association No. 1;
Thence in a generally westerly direction by said
northerly side line of West Thompson Road, by a curve
to the left, having a radius of 640.00 feet a distance
of 169.30 feet to a point;
Thence North 13 degrees, 08 minutes, 37 seconds
East by the side line of said West Thompson Road a
distance of 10.00 feet to a point;
Thence in a generally westerly direction by the
northerly side line of said West Thompson Road, by a
curve to the left having a radius of 650.00 feet a
distance of 109.88 feet to a bound labeled WT-123, at
land now or formerly of the United States of America;
Thence North 44 degrees, 43 minutes, 07 seconds
East by said land now or formerly of the United States
of America a distance of 185.00 feet to a point;
Thence North 67 degrees, 34 minutes, 13 seconds
East by said land now or formerly of the United States
of America a distance of 200.19 feet to a point in a
stonewall;
Thence South 20 degrees, 49 minutes, 17 seconds
East by a stonewall and by said land now or formerly of
the United States of America a distance of 253.10 feet
to a point at land now or formerly of West Thompson
Independent Firemen Association No. 1;
Thence North 57 degrees, 45 minutes, 25 seconds
West by land now or formerly of said West Thompson
Independent Firemen Association No. 1 a distance of
89.04 feet to a bound labeled WT-277;
Thence South 32 degrees, 14 minutes, 35 seconds
West by land now or formerly of said West Thompson
Independent Firemen Association No. 1 a distance of
123.06 feet to the point of beginning.
(3) Reversion.--If the Secretary determines that the parcel
described in paragraph (2) ceases to be held in public
ownership or used for fire fighting and related emergency
services, all right, title, and interest in and to the parcel
shall revert to the United States.
(b) Sibley Memorial Hospital, Washington, District of Columbia.--
(1) In general.--The Secretary shall convey to the Lucy
Webb Hayes National Training School for Deaconesses and
Missionaries Conducting Sibley Memorial Hospital (in this
subsection referred to as the ``Hospital'') by quitclaim deed
under the terms of a negotiated sale, all right, title, and
interest of the United States in and to the 8.864-acre parcel
of land described in paragraph (2) for medical care and parking
purposes. The consideration paid under such negotiated sale
shall reflect the value of the parcel, taking into
consideration the terms and conditions of the conveyance
imposed under this subsection.
(2) Land description.--The parcel of land referred to in
paragraph (1) is the parcel described as follows: Beginning at
a point on the westerly right-of-way line of Dalecarlia
Parkway, said point also being on the southerly division line
of part of Square N1448, A&T Lot 801 as recorded in A&T 2387
and part of the property of the United States Government,
thence with said southerly division line now described:
(A) North 35 deg. 05' 40'' West--436.31 feet to a
point, thence
(B) South 89 deg. 59' 30'' West--550 feet to a
point, thence
(C) South 53 deg. 48' 00'' West--361.08 feet to a
point, thence
(D) South 89 deg. 59' 30'' West--466.76 feet to a
point at the southwesterly corner of the aforesaid A&T
Lot 801, said point also being on the easterly right-
of-way line of MacArthur Boulevard, thence with a
portion of the westerly division line of said A&T Lot
801 and the easterly right-of-way line of MacArthur
Boulevard, as now described.
(E) 78.62 feet along the arc of a curve to the
right having a radius of 650.98 feet, chord bearing and
distance of North 06 deg. 17' 20'' West--78.57 feet to
a point, thence crossing to include a portion of
aforesaid A&T Lot 801 and a portion of the aforesaid
Dalecarlia Reservoir Grounds, as now described
(F) North 87 deg. 18' 21'' East--258.85 feet to a
point, thence
(G) North 02 deg. 49' 16'' West--214.18 feet to a
point, thence
(H) South 87 deg. 09' 00'' West--238.95 feet to a
point on the aforesaid easterly right-of-way line of
MacArthur Boulevard, thence with said easterly right-
of-way line, as now described
(I) North 08 deg. 41' 30'' East--30.62 feet to a
point, thence crossing to include a portion of
aforesaid A&T Lot 801 and a portion of the aforesaid
Dalecarlia Reservoir Grounds, as now described
(J) North 87 deg. 09' 00'' East--373.96 feet to a
point, thence
(K) North 88 deg. 42' 48'' East--374.92 feet to a
point, thence
(L) North 56 deg. 53' 40'' East--53.16 feet to a
point, thence
(M) North 86 deg. 00' 15'' East--26.17 feet to a
point, thence
(N) South 87 deg. 24' 50'' East--464.01 feet to a
point, thence
(O) North 83 deg. 34' 31'' East--212.62 feet to a
point, thence
(P) South 30 deg. 16' 12'' East--108.97 feet to a
point, thence
(Q) South 38 deg. 30' 23'' East--287.46 feet to a
point, thence
(R) South 09 deg. 03' 38'' West--92.74 feet to the
point on the aforesaid westerly right-of-way line of
Dalecarlia Parkway, thence with said westerly right-of-
way line, as now described
(S) 197.74 feet along the arc of a curve to the
right having a radius of 916.00 feet, chord bearing and
distance of South 53 deg. 54' 43'' West--197.35 feet to
the place of beginning.
(3) Terms and conditions.--The conveyance under this
subsection shall be subject to the following terms and
conditions:
(A) Limitation on the use of certain portions of
the parcel.--The Secretary shall include in any deed
conveying the parcel under this section a restriction
to prevent the Hospital, and its successors and
assigns, from constructing any structure, other than a
structure used exclusively for the parking of motor
vehicles, on the portion of the parcel that lies
between the Washington Aqueduct and Little Falls Road.
(B) Limitation on certain legal challenges.--The
Secretary shall require the Hospital, and its
successors and assigns, to refrain from raising any
legal challenge to the operations of the Washington
Aqueduct arising from any impact such operations may
have on the activities conducted by the Hospital on the
parcel.
(C) Easement.--The Secretary shall require that the
conveyance be subject to the retention of an easement
permitting the United States, and its successors and
assigns, to use and maintain the portion of the parcel
described as follows: Beginning at a point on the
easterly or South 35 deg. 05' 40'' East--436.31 foot
plat line of Lot 25 as shown on a subdivision plat
recorded in book 175 page 102 among the records of the
Office of the Surveyor of the District of Columbia,
said point also being on the northerly right-of-way
line of Dalecarlia Parkway, thence running with said
easterly line of Lot 25 and crossing to include a
portion of the aforsaid Dalecarlia Reservoir Grounds as
now described:
(i) North 35 deg. 05' 40'' West--495.13
feet to a point, thence
(ii) North 87 deg. 24' 50'' West--414.43
feet to a point, thence
(iii) South 81 deg. 08' 00'' West--69.56
feet to a point, thence
(iv) South 88 deg. 42' 48'' West--367.50
feet to a point, thence
(v) South 87 deg. 09' 00'' West--379.68
feet to a point on the easterly right-of-way
line of MacArthur Boulevard, thence with said
easterly right-of-way line, as now described
(vi) North 08 deg. 41' 30'' East--30.62
feet to a point, thence crossing to include a
portion of the aforesaid Dalecarlia Reservoir
Grounds, as now described
(vii) North 87 deg. 09' 00'' East--373.96
feet to a point, thence
(viii) North 88 deg. 42' 48'' East--374.92
feet to a point, thence
(ix) North 56 deg. 53' 40'' East--53.16
feet to a point, thence
(x) North 86 deg. 00' 15'' East--26.17 feet
to a point, thence
(xi) South 87 deg. 24' 50'' East--464.01
feet to a point, thence
(xii) North 83 deg. 34' 31'' East--50.62
feet to a point, thence
(xiii) South 02 deg. 35' 10'' West--46.46
feet to a point, thence
(xiv) South 13 deg. 38' 12'' East--107.83
feet to a point, thence
(xv) South 35 deg. 05' 40'' East--347.97
feet to a point on the aforesaid northerly
right-of-way line of Dalecarlia Parkway, thence
with said right-of-way line, as now described
(xvi) 44.12 feet along the arc of a curve
to the right having a radius of 855.00 feet,
chord bearing and distance of South 58 deg. 59'
22'' West--44.11 feet to the place of beginning
containing 1.7157 acres of land more or less as
now described by Maddox Engineers and
Surveyors, Inc., June 2000, Job #00015.
(4) Appraisal.--Before conveying any right, title, or
interest under this subsection, the Secretary shall obtain an
appraisal of the fair market value of the parcel.
(c) Ontonagon, Michigan.--
(1) In general.--The Secretary shall convey by quitclaim
deed without consideration to the Ontonagon County Historical
Society all right, title, and interest of the United States in
and to the parcel of land underlying and immediately
surrounding the lighthouse at Ontonagon, Michigan, consisting
of approximately 1.8 acres, together with any improvements
thereon, for public ownership and for public purposes.
(2) Survey to obtain legal description.--The exact acreage
and the legal description of the real property described in
paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(3) Reversion.--If the Secretary determines that the real
property described in paragraph (1) ceases to be held in public
ownership or used for public purposes, all right, title, and
interest in and to the property shall revert to the United
States.
(d) Pike County, Missouri.--
(1) Land exchange.--Subject to paragraphs (3) and (4), at
such time as S.S.S., Inc. conveys all right, title, and
interest in and to the parcel of land described in paragraph
(2)(A) to the United States, the Secretary shall convey by
quitclaim deed all right, title, and interest in the parcel of
land described in paragraph (2)(B) to S.S.S., Inc.
(2) Land description.--The parcels of land referred to in
paragraph (1) are the following:
(A) Non-federal land.--8.99 acres with existing
flowage easements situated in Pike County, Missouri,
adjacent to land being acquired from Holnam, Inc. by
the Corps of Engineers.
(B) Federal land.--8.99 acres situated in Pike
County, Missouri, known as Government Tract Numbers FM-
46 and FM-47, administered by the Corps of Engineers.
(3) Conditions.--The exchange of land under paragraph (1)
shall be subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of
the land described in paragraph (2)(A) to the
Secretary shall be by a quitclaim deed
acceptable to the Secretary.
(ii) Federal land.--The instrument of
conveyance used to convey the land described in
paragraph (2)(B) to S.S.S., Inc. shall contain
such reservations, terms, and conditions as the
Secretary considers necessary to allow the
United States to operate and maintain the
Mississippi River 9-Foot Navigation Project.
(B) Removal of improvements.--S.S.S., Inc. may
remove any improvements on the land described in
paragraph (2)(A). The Secretary may require S.S.S.,
Inc. to remove any improvements on the land described
in paragraph (2)(A). In either case, S.S.S., Inc. shall
hold the United States harmless from liability, and the
United States shall not incur costs associated with the
removal or relocation of any of the improvements.
(C) Time limit for exchange.--The land exchange
under paragraph (1) shall be completed not later than 2
years after the date of enactment of this Act.
(D) Legal description.--The Secretary shall provide
the legal description of the lands described in
paragraph (2). The legal description shall be used in
the instruments of conveyance of the lands.
(4) Value of properties.--If the appraised fair market
value, as determined by the Secretary, of the land conveyed to
S.S.S., Inc. by the Secretary under paragraph (1) exceeds the
appraised fair market value, as determined by the Secretary, of
the land conveyed to the United States by S.S.S., Inc. under
paragraph (1), S.S.S., Inc. shall make a payment equal to the
excess in cash or a cash equivalent to the United States.
(e) Candy Lake Project, Osage County, Oklahoma.--Section
563(c)(1)(B) of the Water Resources Development Act of 1999 (113 Stat.
357) is amended by striking ``a deceased individual'' and inserting
``an individual''.
(f) Manor Township, Pennsylvania.--
(1) In general.--In accordance with this subsection, the
Secretary shall convey by quitclaim deed to the township of
Manor, Pennsylvania, all right, title, and interest of the
United States in and to the approximately 113 acres of real
property located at Crooked Creek Lake, together with any
improvements on the land.
(2) Survey to obtain legal description.--The exact acreage
and the legal description of the real property described in
paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(3) Consideration.--The Secretary may convey under this
subsection without consideration any portion of the real
property described in paragraph (1) if the portion is to be
retained in public ownership and be used for public park and
recreation or other public purposes.
(4) Reversion.--If the Secretary determines that any
portion of the property conveyed under paragraph (3) ceases to
be held in public ownership or to be used for public park and
recreation or other public purposes, all right, title, and
interest in and to such portion of property shall revert to the
Secretary.
(5) Payment of costs.--The township of Manor, Pennsylvania
shall be responsible for all costs associated with a conveyance
under this subsection, including the cost of conducting the
survey referred to in paragraph (2).
(g) New Savannah Bluff Lock and Dam, Savannah River, South
Carolina, Below Augusta.--
(1) In general.--The Secretary shall convey by quitclaim
deed to the city of North Augusta and Aiken County, South
Carolina, the lock, dam, and appurtenant features at New
Savannah Bluff, including the adjacent approximately 50-acre
park and recreation area with improvements of the navigation
project, Savannah River Below Augusta, Georgia, authorized by
the first section of the River and Harbor Act of July 3, 1930
(46 Stat. 924), subject to the execution of an agreement by the
Secretary and the city of North Augusta and Aiken County, South
Carolina, that specifies the terms and conditions for such
conveyance.
(2) Treatment of lock, dam, appurtenant features, and park
and recreation area.--The lock, dam, appurtenant features,
adjacent park and recreation area, and other project lands, to
be conveyed under paragraph (1) shall not be treated as part of
any Federal water resources project after the effective date of
the transfer.
(3) Operation and maintenance.--Operation and maintenance
of all features of the navigation project, other than the lock,
dam, appurtenant features, adjacent park and recreation area,
and other project lands to be conveyed under paragraph (1),
shall continue to be a Federal responsibility after the
effective date of the transfer under paragraph (1).
(h) Tri-Cities Area, Washington.--Section 501(i) of the Water
Resources Development Act of 1996 (110 Stat. 3752-3753) is amended--
(1) by inserting before the period at the end of paragraph
(1) the following: ``; except that any of such local
governments, with the agreement of the appropriate district
engineer, may exempt from the conveyance to the local
government all or any part of the lands to be conveyed to the
local government''; and
(2) by inserting before the period at the end of paragraph
(2)(C) the following: ``; except that approximately 7.4 acres
in Columbia Park, Kennewick, Washington, consisting of the
historic site located in the Park and known and referred to as
the Kennewick Man Site and such adjacent wooded areas as the
Secretary determines are necessary to protect the historic
site, shall remain in Federal ownership''.
(i) Bayou Teche, Louisiana.--
(1) In general.--After renovations of the Keystone Lock
facility have been completed, the Secretary may convey by
quitclaim deed without consideration to St. Martin Parish,
Louisiana, all rights, interests, and title of the United
States in the approximately 12.03 acres of land under the
administrative jurisdiction of the Secretary in Bayou Teche,
Louisiana, together with improvements thereon. The dam and the
authority to retain upstream pool elevations shall remain under
the jurisdiction of the Secretary. The Secretary shall
relinquish all operations and maintenance of the lock to St.
Martin Parish.
(2) Conditions.--The following conditions apply to the
transfer under paragraph (1):
(A) St. Martin Parish shall operate, maintain,
repair, replace, and rehabilitate the lock in
accordance with regulations prescribed by the Secretary
which are consistent with the project's authorized
purposes.
(B) The Parish shall provide the Secretary access
to the dam whenever the Secretary notifies the Parish
of a need for access to the dam.
(C) If the Parish fails to comply with subparagraph
(A), the Secretary shall notify the Parish of such
failure. If the parish does not correct such failure
during the 1-year period beginning on the date of such
notification, the Secretary shall have a right of
reverter to reclaim possession and title to the land
and improvements conveyed under this section or, in the
case of a failure to make necessary repairs, the
Secretary may effect the repairs and require payment
from the Parish for the repairs made by the Secretary.
(j) Joliet, Illinois.--
(1) In general.--The Secretary shall convey by quitclaim
deed without consideration to the Joliet Park District in
Joliet, Illinois, all right, title, and interest of the United
States in and to the parcel of real property located at 622
Railroad Street in the city of Joliet, consisting of
approximately 2 acres, together with any improvements thereon,
for public ownership and use as the site of the headquarters of
the park district.
(2) Survey to obtain legal description.--The exact acreage
and the legal description of the real property described in
paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(3) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership or to be used as headquarters of the park
district or for other purposes, all right, title, and interest
in and to such property shall revert to the United States.
(k) Ottawa, Illinois.--
(1) Conveyance of property.--Subject to the terms,
conditions, and reservations of paragraph (2), the Secretary
shall convey by quitclaim deed to the Young Men's Christian
Association of Ottawa, Illinois (in this subsection referred to
as the ``YMCA''), all right, title, and interest of the United
States in and to a portion of the easements acquired for the
improvement of the Illinois Waterway project over a parcel of
real property owned by the YMCA, known as the ``Ottawa,
Illinois YMCA Site'', and located at 201 E. Jackson Street,
Ottawa, La Salle County, Illinois (portion of NE \1/4\, S11,
T33N, R3E 3PM), except that portion lying below the elevation
of 461 feet National Geodetic Vertical Datum.
(2) Conditions.--The following conditions apply to the
conveyance under paragraph (1):
(A) The exact acreage and the legal description of
the real property described in paragraph (1) shall be
determined by a survey that is satisfactory to the
Secretary.
(B) The YMCA shall agree to hold and save the
United States harmless from liability associated with
the operation and maintenance of the Illinois Waterway
project on the property desscribed in paragraph (1).
(C) If the Secretary determines that any portion of
the property that is the subject of the easement
conveyed under paragraph (1) ceases to be used as the
YMCA, all right, title, and interest in and to such
easement shall revert to the Secretary.
(l) St. Clair and Benton Counties, Missouri.--
(1) In general.--The Secretary shall convey to the Iconium
Fire Protection District, St. Clair and Benton counties,
Missouri, by quitclaim deed and without consideration, all
right, title, and interest of the United States in and to the
parcel of land described in paragraph (2).
(2) Land description.--The parcel of land to be conveyed
under paragraph (1) is the tract of land located in the
Southeast \1/4\ of Section 13, Township 39 North, Range 25
West, of the Fifth Principal Meridian, St. Clair County,
Missouri, more particularly described as follows: Commencing at
the Southwest corner of Section 18, as designated by Corps
survey marker AP 18-1, thence northerly 11.22 feet to the
southeast corner of Section 13, thence 657.22 feet north along
the east line of Section 13 to Corps monument 18 1-C lying
within the right-of-way of State Highway C, being the point of
beginning of the tract of land herein described; thence
westerly approximately 210 feet, thence northerly 150 feet,
thence easterly approximately 210 feet to the east line of
Section 13, thence southerly along said east line, 150 feet to
the point of beginning, containing 0.723 acres, more or less.
(3) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership or to be used as a site for a fire station,
all right, title, and interest in and to such property shall
revert to the United States.
(m) Generally Applicable Provisions.--
(1) Applicability of property screening provisions.--
Section 2696 of title 10, United States Code, shall not apply
to any conveyance under this section.
(2) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
appropriate and necessary to protect the interests of the
United States.
(3) Costs of conveyance.--An entity to which a conveyance
is made under this section shall be responsible for all
reasonable and necessary costs, including real estate
transaction and environmental compliance costs, associated with
the conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property
conveyed. The United States shall remain responsible for any
liability with respect to activities carried out, before such
date, on the real property conveyed.
SEC. 586. BRUCE F. VENTO UNIT OF THE BOUNDARY WATERS CANOE AREA
WILDERNESS, MINNESOTA.
(a) Designation.--The portion of the Boundary Waters Canoe Area
Wilderness, Minnesota, situated north and cast of the Gunflint Corridor
and that is bounded by the United States border with Canada to the
north shall be known and designated as the ``Bruce F. Vento Unit of the
Boundary Waters Canoe Area Wilderness''.
(b) Legal Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the area
referred to in paragraph (1) shall be deemed to be a reference to the
``Bruce F. Vento Unit of the Boundary Waters Canoe Area Wilderness''.
SEC. 587. WAURIKA LAKE, OKLAHOMA.
The remaining obligation of the Waurika Project Master Conservancy
District payable to the United States Government in the amounts, rates
of interest, and payment schedules is set at the amounts, rates of
interest, and payment schedules that existed, and that both parties
agreed to, on June 3, 1986, and may not be adjusted, altered, or
changed without a specific, separate, and written agreement between the
District and the United States Government.
SEC. 588. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(d) of the Act entitled ``An Act to establish procedures
for review of tribal constitutions and bylaws or amendments thereto
pursuant to the Act of June 18, 1934 (48 Stat. 987)'', approved
November 1, 1988 (102 Stat. 2944), is amended by striking
``$2,000,000'' and inserting ``$4,000,000''.
SEC. 589. DEVILS LAKE, NORTH DAKOTA.
No appropriation shall be made to construct an emergency outlet
from Devils Lake, North Dakota, to the Sheyenne River if the final
plans for the emergency outlet have not been approved by resolutions
adopted by the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Environment and Public
Works of the Senate.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION
SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.
(a) Definitions.--In this section, the following definitions apply:
(1) Central and southern florida project.--
(A) In general.--The term ``Central and Southern
Florida Project'' means the project for Central and
Southern Florida authorized under the heading ``central
and southern florida'' in section 203 of the Flood
Control Act of 1948 (62 Stat. 1176).
(B) Inclusion.--The term ``Central and Southern
Florida Project'' includes any modification to the
project authorized by this section or any other
provision of law.
(2) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(3) Natural system.--
(A) In general.--The term ``natural system'' means
all land and water managed by the Federal Government or
the State within the South Florida ecosystem.
(B) Inclusions.--The term ``natural system''
includes--
(i) water conservation areas;
(ii) sovereign submerged land;
(iii) Everglades National Park;
(iv) Biscayne National Park;
(v) Big Cypress National Preserve;
(vi) other Federal or State (including a
political subdivision of a State) land that is
designated and managed for conservation
purposes; and
(vii) any tribal land that is designated
and managed for conservation purposes, as
approved by the tribe.
(4) Plan.--The term ``Plan'' means the Comprehensive
Everglades Restoration Plan contained in the ``Final Integrated
Feasibility Report and Programmatic Environmental Impact
Statement'', dated April 1, 1999, as modified by this section.
(5) South florida ecosystem.--
(A) In general.--The term ``South Florida
ecosystem'' means the area consisting of the land and
water within the boundary of the South Florida Water
Management District in effect on July 1, 1999.
(B) Inclusions.--The term ``South Florida
ecosystem'' includes--
(i) the Everglades;
(ii) the Florida Keys; and
(iii) the contiguous near-shore coastal
water of South Florida.
(6) State.--The term ``State'' means the State of Florida.
(b) Comprehensive Everglades Restoration Plan.--
(1) Approval.--
(A) In general.--Except as modified by this
section, the Plan is approved as a framework for
modifications and operational changes to the Central
and Southern Florida Project that are needed to
restore, preserve, and protect the South Florida
ecosystem while providing for other water-related needs
of the region, including water supply and flood
protection. The Plan shall be implemented to ensure the
protection of water quality in, the reduction of the
loss of fresh water from, and the improvement of the
environment of the South Florida ecosystem and to
achieve and maintain the benefits to the natural system
and human environment described in the Plan, and
required pursuant to this section, for as long as the
project is authorized.
(B) Integration.--In carrying out the Plan, the
Secretary shall integrate the activities described in
subparagraph (A) with ongoing Federal and State
projects and activities in accordance with section
528(c) of the Water Resources Development Act of 1996
(110 Stat. 3769). Unless specifically provided herein,
nothing in this section shall be construed to modify
any existing cost share or responsibility for projects
as listed in subsection (c) or (e) of section 528 of
the Water Resources Development Act of 1996 (110 Stat.
3769).
(2) Specific authorizations.--
(A) In general.--
(i) Projects.--The Secretary shall carry
out the projects included in the Plan in
accordance with subparagraphs (B), (C), (D),
and (E).
(ii) Considerations.--In carrying out
activities described in the Plan, the Secretary
shall--
(I) take into account the
protection of water quality by
considering applicable State water
quality standards; and
(II) include such features as the
Secretary determines are necessary to
ensure that all ground water and
surface water discharges from any
project feature authorized by this
subsection will meet all applicable
water quality standards and applicable
water quality permitting requirements.
(iii) Review and comment.--In developing
the projects authorized under subparagraph (B),
the Secretary shall provide for public review
and comment in accordance with applicable
Federal law.
(B) Pilot projects.--The following pilot projects
are authorized for implementation, after review and
approval by the Secretary, at a total cost of
$69,000,000, with an estimated Federal cost of
$34,500,000 and an estimated non-Federal cost of
$34,500,000:
(i) Caloosahatchee River (C-43) Basin ASR,
at a total cost of $6,000,000, with an
estimated Federal cost of $3,000,000 and an
estimated non-Federal cost of $3,000,000.
(ii) Lake Belt In-Ground Reservoir
Technology, at a total cost of $23,000,000,
with an estimated Federal cost of $11,500,000
and an estimated non-Federal cost of
$11,500,000.
(iii) L-31N Seepage Management, at a total
cost of $10,000,000, with an estimated Federal
cost of $5,000,000 and an estimated non-Federal
cost of $5,000,000.
(iv) Wastewater Reuse Technology, at a
total cost of $30,000,000, with an estimated
Federal cost of $15,000,000 and an estimated
non-Federal cost of $15,000,000.
(C) Initial projects.--The following projects are
authorized for implementation, after review and
approval by the Secretary, subject to the conditions
stated in subparagraph (D), at a total cost of
$1,100,918,000, with an estimated Federal cost of
$550,459,000 and an estimated non-Federal cost of
$550,459,000:
(i) C-44 Basin Storage Reservoir, at a
total cost of $112,562,000, with an estimated
Federal cost of $56,281,000 and an estimated
non-Federal cost of $56,281,000.
(ii) Everglades Agricultural Area Storage
Reservoirs--Phase I, at a total cost of
$233,408,000, with an estimated Federal cost of
$116,704,000 and an estimated non-Federal cost
of $116,704,000.
(iii) Site 1 Impoundment, at a total cost
of $38,535,000, with an estimated Federal cost
of $19,267,500 and an estimated non-Federal
cost of $19,267,500.
(iv) Water Conservation Areas 3A/3B Levee
Seepage Management, at a total cost of
$100,335,000, with an estimated Federal cost of
$50,167,500 and an estimated non-Federal cost
of $50,167,500.
(v) C-11 Impoundment and Stormwater
Treatment Area, at a total cost of
$124,837,000, with an estimated Federal cost of
$62,418,500 and an estimated non-Federal cost
of $62,418,500.
(vi) C-9 Impoundment and Stormwater
Treatment Area, at a total cost of $89,146,000,
with an estimated Federal cost of $44,573,000
and an estimated non-Federal cost of
$44,573,000.
(vii) Taylor Creek/Nubbin Slough Storage
and Treatment Area, at a total cost of
$104,027,000, with an estimated Federal cost of
$52,013,500 and an estimated non-Federal cost
of $52,013,500.
(viii) Raise and Bridge East Portion of
Tamiami Trail and Fill Miami Canal within Water
Conservation Area 3, at a total cost of
$26,946,000, with an estimated Federal cost of
$13,473,000 and an estimated non-Federal cost
of $13,473,000.
(ix) North New River Improvements, at a
total cost of $77,087,000, with an estimated
Federal cost of $38,543,500 and an estimated
non-Federal cost of $38,543,500.
(x) C-111 Spreader Canal, at a total cost
of $94,035,000, with an estimated Federal cost
of $47,017,500 and an estimated non-Federal
cost of $47,017,500.
(xi) Adaptive Assessment and Monitoring
Program, at a total cost of $100,000,000, with
an estimated Federal cost of $50,000,000 and an
estimated non-Federal cost of $50,000,000.
(D) Conditions.--
(i) Project implementation reports.--Before
implementation of a project described in any of
clauses (i) through (x) of subparagraph (C),
the Secretary shall review and approve for the
project a project implementation report
prepared in accordance with subsections (f) and
(h).
(ii) Submission of report.--The Secretary
shall submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on
Environment and Public Works of the Senate the
project implementation report required by
subsections (f) and (h) for each project under
this paragraph (including all relevant data and
information on all costs).
(iii) Funding contingent on approval.--No
appropriation shall be made to construct any
project under this paragraph if the project
implementation report for the project has not
been approved by resolutions adopted by the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate.
(iv) Modified water delivery.--No
appropriation shall be made to construct the
Water Conservation Area 3
Decompartmentalization and Sheetflow
Enhancement Project (including component AA,
Additional S-345 Structures; component QQ Phase
1, Raise and Bridge East Portion of Tamiami
Trail and Fill Miami Canal within WCA 3;
component QQ Phase 2, WCA 3
Decompartmentalization and Sheetflow
Enhancement; and component SS, North New River
Improvements) or the Central Lakebelt Storage
Project (including components S and EEE,
Central Lake Belt Storage Area) until the
completion of the project to improve water
deliveries to Everglades National Park
authorized by section 104 of the Everglades
National Park Protection and Expansion Act of
1989 (16 U.S.C. 410r-8).
(E) Maximum cost of projects.--Section 902 of the
Water Resources Development Act of 1986 (33 U.S.C.
2280) shall apply to each project feature authorized
under this subsection.
(c) Additional Program Authority.--
(1) In general.--To expedite implementation of the Plan,
the Secretary may implement modifications to the Central and
Southern Florida Project that--
(A) are described in the Plan; and
(B) will produce a substantial benefit to the
restoration, preservation and protection of the South
Florida ecosystem.
(2) Project implementation reports.--Before implementation
of any project feature authorized under this subsection, the
Secretary shall review and approve for the project feature a
project implementation report prepared in accordance with
subsections (f) and (h).
(3) Funding.--
(A) Individual project funding.--
(i) Federal cost.--The total Federal cost
of each project carried out under this
subsection shall not exceed $12,500,000.
(ii) Overall cost.--The total cost of each
project carried out under this subsection shall
not exceed $25,000,000.
(B) Aggregate cost.--The total cost of all projects
carried out under this subsection shall not exceed
$206,000,000, with an estimated Federal cost of
$103,000,000 and an estimated non-Federal cost of
$103,000,000.
(d) Authorization of Future Projects.--
(1) In general.--Except for a project authorized by
subsection (b) or (c), any project included in the Plan shall
require a specific authorization by Congress.
(2) Submission of report.--Before seeking congressional
authorization for a project under paragraph (1), the Secretary
shall submit to Congress--
(A) a description of the project; and
(B) a project implementation report for the project
prepared in accordance with subsections (f) and (h).
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
carrying out a project authorized by subsection (b), (c), or
(d) shall be 50 percent.
(2) Non-federal responsibilities.--The non-Federal sponsor
with respect to a project described in subsection (b), (c), or
(d), shall be--
(A) responsible for all land, easements, rights-of-
way, and relocations necessary to implement the Plan;
and
(B) afforded credit toward the non-Federal share of
the cost of carrying out the project in accordance with
paragraph (5)(A).
(3) Federal assistance.--
(A) In general.--The non-Federal sponsor with
respect to a project authorized by subsection (b), (c),
or (d) may use Federal funds for the purchase of any
land, easement, rights-of-way, or relocation that is
necessary to carry out the project if any funds so used
are credited toward the Federal share of the cost of
the project.
(B) Agriculture funds.--Funds provided to the non-
Federal sponsor under the Conservation Restoration and
Enhancement Program (CREP) and the Wetlands Reserve
Program (WRP) for projects in the Plan shall be
credited toward the non-Federal share of the cost of
the Plan if the Secretary of Agriculture certifies that
the funds provided may be used for that purpose. Funds
to be credited do not include funds provided under
section 390 of the Federal Agriculture Improvement and
Reform Act of 1996 (110 Stat. 1022).
(4) Operation and maintenance.--Notwithstanding section
528(e)(3) of the Water Resources Development Act of 1996 (110
Stat. 3770), the non-Federal sponsor shall be responsible for
50 percent of the cost of operation, maintenance, repair,
replacement, and rehabilitation activities authorized under
this section. Furthermore, the Seminole Tribe of Florida shall
be responsible for 50 percent of the cost of operation,
maintenance, repair, replacement, and rehabilitation activities
for the Big Cypress Seminole Reservation Water Conservation
Plan Project.
(5) Credit.--
(A) In general.--Notwithstanding section 528(e)(4)
of the Water Resources Development Act of 1996 (110
Stat. 3770) and regardless of the date of acquisition,
the value of lands or interests in lands and incidental
costs for land acquired by a non-Federal sponsor in
accordance with a project implementation report for any
project included in the Plan and authorized by Congress
shall be--
(i) included in the total cost of the
project; and
(ii) credited toward the non-Federal share
of the cost of the project.
(B) Work.--The Secretary may provide credit,
including in-kind credit, toward the non-Federal share
for the reasonable cost of any work performed in
connection with a study, preconstruction engineering
and design, or construction that is necessary for the
implementation of the Plan if--
(i)(I) the credit is provided for work
completed during the period of design, as
defined in a design agreement between the
Secretary and the non-Federal sponsor; or
(II) the credit is provided for work
completed during the period of construction, as
defined in a project cooperation agreement for
an authorized project between the Secretary and
the non-Federal sponsor;
(ii) the design agreement or the project
cooperation agreement prescribes the terms and
conditions of the credit; and
(iii) the Secretary determines that the
work performed by the non-Federal sponsor is
integral to the project.
(C) Treatment of credit between projects.--Any
credit provided under this paragraph may be carried
over between authorized projects in accordance with
subparagraph (D).
(D) Periodic monitoring.--
(i) In general.--To ensure that the
contributions of the non-Federal sponsor equal
50 percent proportionate share for projects in
the Plan, during each 5-year period, beginning
with commencement of design of the Plan, the
Secretary shall, for each project--
(I) monitor the non-Federal
provision of cash, in-kind services,
and land; and
(II) manage, to the maximum extent
practicable, the requirement of the
non-Federal sponsor to provide cash,
in-kind services, and land.
(ii) Other monitoring.--The Secretary shall
conduct monitoring under clause (i) separately
for the preconstruction engineering and design
phase and the construction phase.
(E) Audits.--Credit for land (including land value
and incidental costs) or work provided under this
subsection shall be subject to audit by the Secretary.
(f) Evaluation of Projects.--
(1) In general.--Before implementation of a project
authorized by subsection (c) or (d) or any of clauses (i)
through (x) of subsection (b)(2)(C), the Secretary, in
cooperation with the non-Federal sponsor, shall complete, after
notice and opportunity for public comment and in accordance
with subsection (h), a project implementation report for the
project.
(2) Project justification.--
(A) In general.--Notwithstanding section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962-2) or any
other provision of law, in carrying out any activity
authorized under this section or any other provision of
law to restore, preserve, or protect the South Florida
ecosystem, the Secretary may determine that--
(i) the activity is justified by the
environmental benefits derived by the South
Florida ecosystem; and
(ii) no further economic justification for
the activity is required, if the Secretary
determines that the activity is cost-effective.
(B) Applicability.--Subparagraph (A) shall not
apply to any separable element intended to produce
benefits that are predominantly unrelated to the
restoration, preservation, and protection of the
natural system.
(g) Exclusions and Limitations.--The following Plan components are
not approved for implementation:
(1) Water included in the plan.--
(A) In general.--Any project that is designed to
implement the capture and use of the approximately
245,000 acre-feet of water described in section 7.7.2
of the Plan shall not be implemented until such time
as--
(i) the project-specific feasibility study
described in subparagraph (B) on the need for
and physical delivery of the approximately
245,000 acre-feet of water, conducted by the
Secretary, in cooperation with the non-Federal
sponsor, is completed;
(ii) the project is favorably recommended
in a final report of the Chief of Engineers;
and
(iii) the project is authorized by Act of
Congress.
(B) Project-specific feasibility study.--The
project-specific feasibility study referred to in
subparagraph (A) shall include--
(i) a comprehensive analysis of the
structural facilities proposed to deliver the
approximately 245,000 acre-feet of water to the
natural system;
(ii) an assessment of the requirements to
divert and treat the water;
(iii) an assessment of delivery
alternatives;
(iv) an assessment of the feasibility of
delivering the water downstream while
maintaining current levels of flood protection
to affected property; and
(v) any other assessments that are
determined by the Secretary to be necessary to
complete the study.
(2) Wastewater reuse.--
(A) In general.--On completion and evaluation of
the wastewater reuse pilot project described in
subsection (b)(2)(B)(iv), the Secretary, in an
appropriately timed 5-year report, shall describe the
results of the evaluation of advanced wastewater reuse
in meeting, in a cost-effective manner, the
requirements of restoration of the natural system.
(B) Submission.--The Secretary shall submit to
Congress the report described in subparagraph (A)
before congressional authorization for advanced
wastewater reuse is sought.
(3) Projects approved with limitations.--The following
projects in the Plan are approved for implementation with
limitations:
(A) Loxahatchee national wildlife refuge.--The
Federal share for land acquisition in the project to
enhance existing wetland systems along the Loxahatchee
National Wildlife Refuge, including the Stazzulla
tract, should be funded through the budget of the
Department of the Interior.
(B) Southern corkscrew regional ecosystem.--The
Southern Corkscrew regional ecosystem watershed
addition should be accomplished outside the scope of
the Plan.
(h) Assurance of Project Benefits.--
(1) In general.--The overarching objective of the Plan is
the restoration, preservation, and protection of the South
Florida Ecosystem while providing for other water-related needs
of the region, including water supply and flood protection. The
Plan shall be implemented to ensure the protection of water
quality in, the reduction of the loss of fresh water from, the
improvement of the environment of the South Florida Ecosystem
and to achieve and maintain the benefits to the natural system
and human environment described in the Plan, and required
pursuant to this section, for as long as the project is
authorized.
(2) Agreement.--
(A) In general.--In order to ensure that water
generated by the Plan will be made available for the
restoration of the natural system, no appropriations,
except for any pilot project described in subsection
(b)(2)(B), shall be made for the construction of a
project contained in the Plan until the President and
the Governor enter into a binding agreement under which
the State shall ensure, by regulation or other
appropriate means, that water made available by each
project in the Plan shall not be permitted for a
consumptive use or otherwise made unavailable by the
State until such time as sufficient reservations of
water for the restoration of the natural system are
made under State law in accordance with the project
implementation report for that project and consistent
with the Plan.
(B) Enforcement.--
(i) In general.--Any person or entity that
is aggrieved by a failure of the United States
or any other Federal Government instrumentality
or agency, or the Governor or any other officer
of a State instrumentality or agency, to comply
with any provision of the agreement entered
into under subparagraph (A) may bring a civil
action in United States district court for an
injunction directing the United States or any
other Federal Government instrumentality or
agency or the Governor or any other officer of
a State instrumentality or agency, as the case
may be, to comply with the agreement.
(ii) Limitations on commencement of civil
action.--No civil action may be commenced under
clause (i)--
(I) before the date that is 60 days
after the Secretary and the Governor
receive written notice of a failure to
comply with the agreement; or
(II) if the United States has
commenced and is diligently prosecuting
an action in a court of the United
States or a State to redress a failure
to comply with the agreement.
(C) Trust responsibilities.--In carrying out his
responsibilities under this subsection with respect to
the restoration of the South Florida ecosystem, the
Secretary of the Interior shall fulfill his obligations
to the Indian tribes in South Florida under the Indian
trust doctrine as well as other applicable legal
obligations.
(3) Programmatic regulations.--
(A) Issuance.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall,
after notice and opportunity for public comment, with
the concurrence of the Governor and the Secretary of
the Interior, and in consultation with the Seminole
Tribe of Florida, the Miccosukee Tribe of Indians of
Florida, the Administrator of the Environmental
Protection Agency, the Secretary of Commerce, and other
Federal, State, and local agencies, promulgate
programmatic regulations to ensure that the goals and
purposes of the Plan are achieved.
(B) Concurrency statement.--The Secretary of the
Interior and the Governor shall, not later than 180
days from the end of the public comment period on
proposed programmatic regulations, provide the
Secretary with a written statement of concurrence or
nonconcurrence. A failure to provide a written
statement of concurrence or nonconcurrence within such
time frame will be deemed as meeting the concurrency
requirements of subparagraph (A)(i). A copy of any
concurrency or nonconcurrency statements shall be made
a part of the administrative record and referenced in
the final programmatic regulations. Any nonconcurrency
statement shall specifically detail the reason or
reasons for the nonconcurrence.
(C) Content of regulations.--
(i) In general.--Programmatic regulations
promulgated under this paragraph shall
establish a process--
(I) for the development of project
implementation reports, project
cooperation agreements, and operating
manuals that ensure that the goals and
objectives of the Plan are achieved;
(II) to ensure that new information
resulting from changed or unforeseen
circumstances, new scientific or
technical information or information
that is developed through the
principles of adaptive management
contained in the Plan, or future
authorized changes to the Plan are
integrated into the implementation of
the Plan; and
(III) to ensure the protection of
the natural system consistent with the
goals and purposes of the Plan,
including the establishment of interim
goals to provide a means by which the
restoration success of the Plan may be
evaluated throughout the implementation
process.
(ii) Limitation on applicability of
programmatic regulations.--Programmatic
regulations promulgated under this paragraph
shall expressly prohibit the requirement for
concurrence by the Secretary of the Interior or
the Governor on project implementation reports,
project cooperation agreements, operating
manuals for individual projects undertaken in
the Plan, and any other documents relating to
the development, implementation, and management
of individual features of the Plan, unless such
concurrence is provided for in other Federal or
State laws.
(D) Schedule and transition rule.--
(i) In general.--All project implementation
reports approved before the date of
promulgation of the programmatic regulations
shall be consistent with the Plan.
(ii) Preamble.--The preamble of the
programmatic regulations shall include a
statement concerning the consistency with the
programmatic regulations of any project
implementation reports that were approved
before the date of promulgation of the
regulations.
(E) Review of programmatic regulations.--Whenever
necessary to attain Plan goals and purposes, but not
less often than every 5 years, the Secretary, in
accordance with subparagraph (A), shall review the
programmatic regulations promulgated under this
paragraph.
(4) Project-specific assurances.--
(A) Project implementation reports.--
(i) In general.--The Secretary and the non-
Federal sponsor shall develop project
implementation reports in accordance with
section 10.3.1 of the Plan.
(ii) Coordination.--In developing a project
implementation report, the Secretary and the
non-Federal sponsor shall coordinate with
appropriate Federal, State, tribal, and local
governments.
(iii) Requirements.--A project
implementation report shall--
(I) be consistent with the Plan and
the programmatic regulations
promulgated under paragraph (3);
(II) describe how each of the
requirements stated in paragraph (3)(B)
is satisfied;
(III) comply with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(IV) identify the appropriate
quantity, timing, and distribution of
water dedicated and managed for the
natural system;
(V) identify the amount of water to
be reserved or allocated for the
natural system necessary to implement,
under State law, subclauses (IV) and
(VI);
(VI) comply with applicable water
quality standards and applicable water
quality permitting requirements under
subsection (b)(2)(A)(ii);
(VII) be based on the best
available science; and
(VIII) include an analysis
concerning the cost-effectiveness and
engineering feasibility of the project.
(B) Project cooperation agreements.--
(i) In general.--The Secretary and the non-
Federal sponsor shall execute project
cooperation agreements in accordance with
section 10 of the Plan.
(ii) Condition.--The Secretary shall not
execute a project cooperation agreement until
any reservation or allocation of water for the
natural system identified in the project
implementation report is executed under State
law.
(C) Operating manuals.--
(i) In general.--The Secretary and the non-
Federal sponsor shall develop and issue, for
each project or group of projects, an operating
manual that is consistent with the water
reservation or allocation for the natural
system described in the project implementation
report and the project cooperation agreement
for the project or group of projects.
(ii) Modifications.--Any significant
modification by the Secretary and the non-
Federal sponsor to an operating manual after
the operating manual is issued shall only be
carried out subject to notice and opportunity
for public comment.
(5) Savings clause.--
(A) No elimination or transfer.--Until a new source
of water supply of comparable quantity and quality as
that available on the date of enactment of this Act is
available to replace the water to be lost as a result
of implementation of the Plan, the Secretary and the
non-Federal sponsor shall not eliminate or transfer
existing legal sources of water, including those for--
(i) an agricultural or urban water supply;
(ii) allocation or entitlement to the
Seminole Indian Tribe of Florida under section
7 of the Seminole Indian Land Claims Settlement
Act of 1987 (25 U.S.C. 1772e);
(iii) the Miccosukee Tribe of Indians of
Florida;
(iv) water supply for Everglades National
Park; or
(v) water supply for fish and wildlife.
(B) Maintenance of flood protection.--
Implementation of the Plan shall not reduce levels of
service for flood protection that are--
(i) in existence on the date of enactment
of this Act; and
(ii) in accordance with applicable law.
(C) No effect on tribal compact.--Nothing in this
section amends, alters, prevents, or otherwise
abrogates rights of the Seminole Indian Tribe of
Florida under the compact among the Seminole Tribe of
Florida, the State, and the South Florida Water
Management District, defining the scope and use of
water rights of the Seminole Tribe of Florida, as
codified by section 7 of the Seminole Indian Land
Claims Settlement Act of 1987 (25 U.S.C. 1772e).
(i) Dispute Resolution.--
(1) In general.--The Secretary and the Governor shall
within 180 days from the date of enactment of this Act develop
an agreement for resolving disputes between the Corps of
Engineers and the State associated with the implementation of
the Plan. Such agreement shall establish a mechanism for the
timely and efficient resolution of disputes, including--
(A) a preference for the resolution of disputes
between the Jacksonville District of the Corps of
Engineers and the South Florida Water Management
District;
(B) a mechanism for the Jacksonville District of
the Corps of Engineers or the South Florida Water
Management District to initiate the dispute resolution
process for unresolved issues;
(C) the establishment of appropriate timeframes and
intermediate steps for the elevation of disputes to the
Governor and the Secretary; and
(D) a mechanism for the final resolution of
disputes, within 180 days from the date that the
dispute resolution process is initiated under
subparagraph (B).
(2) Condition for report approval.--The Secretary shall not
approve a project implementation report under this section
until the agreement established under this subsection has been
executed.
(3) No effect on law.--Nothing in the agreement established
under this subsection shall alter or amend any existing Federal
or State law, or the responsibility of any party to the
agreement to comply with any Federal or State law.
(j) Independent Scientific Review.--
(1) In general.--The Secretary, the Secretary of the
Interior, and the Governor, in consultation with the South
Florida Ecosystem Restoration Task Force, shall establish an
independent scientific review panel convened by a body, such as
the National Academy of Sciences, to review the Plan's progress
toward achieving the natural system restoration goals of the
Plan.
(2) Report.--The panel described in paragraph (1) shall
produce a biennial report to Congress, the Secretary, the
Secretary of the Interior, and the Governor that includes an
assessment of ecological indicators and other measures of
progress in restoring the ecology of the natural system, based
on the Plan.
(k) Outreach and Assistance.--
(1) Small business concerns owned and operated by socially
and economically disadvantaged individuals.--In executing the
Plan, the Secretary shall ensure that small business concerns
owned and controlled by socially and economically disadvantaged
individuals are provided opportunities to participate under
section 15(g) of the Small Business Act (15 U.S.C. 644(g)).
(2) Community outreach and education.--
(A) In general.--The Secretary shall ensure that
impacts on socially and economically disadvantaged
individuals, including individuals with limited English
proficiency, and communities are considered during
implementation of the Plan, and that such individuals
have opportunities to review and comment on its
implementation.
(B) Provision of opportunities.--The Secretary
shall ensure, to the maximum extent practicable, that
public outreach and educational opportunities are
provided, during implementation of the Plan, to the
individuals of South Florida, including individuals
with limited English proficiency, and in particular for
socially and economically disadvantaged communities.
(l) Report to Congress.--Beginning on October 1, 2005, and
periodically thereafter until October 1, 2036, the Secretary and the
Secretary of the Interior, in consultation with the Environmental
Protection Agency, the Department of Commerce, and the State of
Florida, shall jointly submit to Congress a report on the
implementation of the Plan. Such reports shall be completed not less
often than every 5 years. Such reports shall include a description of
planning, design, and construction work completed, the amount of funds
expended during the period covered by the report (including a detailed
analysis of the funds expended for adaptive assessment under subsection
(b)(2)(C)(xi)), and the work anticipated over the next 5-year period.
In addition, each report shall include--
(1) the determination of each Secretary, and the
Administrator of the Environmental Protection Agency,
concerning the benefits to the natural system and the human
environment achieved as of the date of the report and whether
the completed projects of the Plan are being operated in a
manner that is consistent with the requirements of subsection
(h);
(2) progress toward interim goals established in accordance
with subsection (h)(3)(B); and
(3) a review of the activities performed by the Secretary
under subsection (k) as they relate to socially and
economically disadvantaged individuals and individuals with
limited English proficiency.
(m) Report on Aquifer Storage and Recovery Project.--Not later than
180 after the date of enactment of this Act, the Secretary shall
transmit to Congress a report containing a determination as to whether
the ongoing Biscayne Aquifer Storage and Recovery Program located in
Miami-Dade County has a substantial benefit to the restoration,
preservation, and protection of the South Florida ecosystem.
(n) Full Disclosure of Proposed Funding.--
(1) Funding from all sources.--The President, as part of
the annual budget of the United States Government, shall
display under the heading ``Everglades Restoration'' all
proposed funding for the Plan for all agency programs.
(2) Funding from corps of engineers civil works program.--
The President, as part of the annual budget of the United
States Government, shall display under the accounts
``Construction, General'' and ``Operation and Maintenance,
General'' of the title ``Department of Defense--Civil,
Department of the Army, Corps of Engineers--Civil'', the total
proposed funding level for each account for the Plan and the
percentage such level represents of the overall levels in such
accounts. The President shall also include an assessment of the
impact such funding levels for the Plan would have on the
budget year and long-term funding levels for the overall Corps
of Engineers civil works program.
(o) Surplus Federal Lands.--Section 390(f)(2)(A)(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (110 Stat. 1023) is
amended by inserting after ``on or after the date of enactment of this
Act'' the following: ``and before the date of enactment of the Water
Resource Development Act of 2000''.
(p) Severability.--If any provision or remedy provided by this
section is found to be unconstitutional or unenforceable by any court
of competent jurisdiction, any remaining provisions in this section
shall remain valid and enforceable.
SEC. 602. SENSE OF CONGRESS CONCERNING HOMESTEAD AIR FORCE BASE.
(a) Findings.--Congress finds that--
(1) the Everglades is an American treasure and includes
uniquely-important and diverse wildlife resources and
recreational opportunities;
(2) the preservation of the pristine and natural character
of the South Florida ecosystem is critical to the regional
economy;
(3) as this legislation demonstrates, Congress believes it
to be a vital national mission to restore and preserve this
ecosystem and accordingly is authorizing a significant Federal
investment to do so;
(4) Congress seeks to have the remaining property at the
former Homestead Air Base conveyed and reused as expeditiously
as possible, and several options for base reuse are being
considered, including as a commercial airport; and
(5) Congress is aware that the Homestead site is located in
a sensitive environmental location, and that Biscayne National
Park is only approximately 1.5 miles to the east, Everglades
National Park approximately 8 miles to the west, and the
Florida Keys National Marine Sanctuary approximately 10 miles
to the south.
(b) Sense of Congress.--It is the sense of Congress that--
(1) development at the Homestead site could potentially
cause significant air, water, and noise pollution and result in
the degradation of adjacent national parks and other protected
Federal resources;
(2) in their decisionmaking, the Federal agencies charged
with determining the reuse of the remaining property at the
Homestead base should carefully consider and weigh all
available information concerning potential environmental
impacts of various reuse options;
(3) the redevelopment of the former base should be
consistent with restoration goals, provide desirable numbers of
jobs and economic redevelopment for the community, and be
consistent with other applicable laws;
(4) consistent with applicable laws, the Secretary of the
Air Force should proceed as quickly as practicable to issue a
final SEIS and Record of Decision so that reuse of the former
air base can proceed expeditiously;
(5) following conveyance of the remaining surplus property,
the Secretary, as part of his oversight for Everglades
restoration, should cooperate with the entities to which the
various parcels of surplus property were conveyed so that the
planned use of those properties is implemented in such a manner
as to remain consistent with the goals of the Everglades
restoration plan; and
(6) by August 1, 2002, the Secretary should submit a report
to the appropriate committees of Congress on actions taken and
make any recommendations for consideration by Congress.
TITLE VII--MISSOURI RIVER RESTORATION
SEC. 701. DEFINITIONS.
In this title, the following definitions apply:
(1) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program authorized by
section 9 of the Act of December 22, 1944 (58 Stat. 891).
(2) Plan.--The term ``plan'' means the plan for the use of
funds made available by this title that is required to be
prepared under section 705(e).
(3) State.--The term ``State'' means the State of South
Dakota.
(4) Task force.--The term ``Task Force'' means the Missouri
River Task Force established by section 705(a).
(6) Trust.--The term ``Trust'' means the Missouri River
Trust established by section 704(a).
SEC. 702. MISSOURI RIVER TRUST.
(a) Establishment.--There is established a committee to be known as
the Missouri River Trust.
(b) Membership.--The Trust shall be composed of 25 members to be
appointed by the Secretary, including--
(1) 15 members recommended by the Governor of South Dakota
that--
(A) represent equally the various interests of the
public; and
(B) include representatives of--
(i) the South Dakota Department of
Environment and Natural Resources;
(ii) the South Dakota Department of Game,
Fish, and Parks;
(iii) environmental groups;
(iv) the hydroelectric power industry;
(v) local governments;
(vi) recreation user groups;
(vii) agricultural groups; and
(viii) other appropriate interests;
(2) 9 members, 1 of each of whom shall be recommended by
each of the 9 Indian tribes in the State of South Dakota; and
(3) 1 member recommended by the organization known as the
``Three Affiliated Tribes of North Dakota'' (composed of the
Mandan, Hidatsa, and Arikara tribes).
SEC. 703. MISSOURI RIVER TASK FORCE.
(a) Establishment.--There is established the Missouri River Task
Force.
(b) Membership.--The Task Force shall be composed of--
(1) the Secretary (or a designee), who shall serve as
Chairperson;
(2) the Secretary of Agriculture (or a designee);
(3) the Secretary of Energy (or a designee);
(4) the Secretary of the Interior (or a designee); and
(5) the Trust.
(c) Duties.--The Task Force shall--
(1) meet at least twice each year;
(2) vote on approval of the plan, with approval requiring
votes in favor of the plan by a majority of the members;
(3) review projects to meet the goals of the plan; and
(4) recommend to the Secretary critical projects for
implementation.
(d) Assessment.--
(1) In general.--Not later than 1 year after the date on
which funding authorized under this title becomes available,
the Secretary shall submit to the other members of the Task
Force a report on--
(A) the impact of the siltation of the Missouri
River in the State, including the impact on the
Federal, State, and regional economies, recreation,
hydropower generation, fish and wildlife, and flood
control;
(B) the status of Indian and non-Indian historical
and cultural sites along the Missouri River;
(C) the extent of erosion along the Missouri River
(including tributaries of the Missouri River) in the
State; and
(D) other issues, as requested by the Task Force.
(2) Consultation.--In preparing the report under paragraph
(1), the Secretary shall consult with the Secretary of Energy,
the Secretary of the Interior, the Secretary of Agriculture,
the State, and Indian tribes in the State.
(e) Plan for Use of Funds Made Available by This Title.--
(1) In general.--Not later than 2 years after the date on
which funding authorized under this title becomes available,
the Task Force shall prepare a plan for the use of funds made
available under this title.
(2) Contents of plan.--The plan shall provide for the
manner in which the Task Force shall develop and recommend
critical restoration projects to promote--
(A) conservation practices in the Missouri River
watershed;
(B) the general control and removal of sediment
from the Missouri River;
(C) the protection of recreation on the Missouri
River from sedimentation;
(D) the protection of Indian and non-Indian
historical and cultural sites along the Missouri River
from erosion;
(E) erosion control along the Missouri River; or
(F) any combination of the activities described in
subparagraphs (A) through (E).
(3) Plan review and revision.--
(A) In general.--The Task Force shall make a copy
of the plan available for public review and comment
before the plan becomes final, in accordance with
procedures established by the Task Force.
(B) Revision of plan.--
(i) In general.--The Task Force may, on an
annual basis, revise the plan.
(ii) Public review and comment.--In
revising the plan, the Task Force shall provide
the public the opportunity to review and
comment on any proposed revision to the plan.
(f) Critical Restoration Projects.--
(1) In general.--After the plan is approved by the Task
Force under subsection (c)(2), the Secretary, in coordination
with the Task Force, shall identify critical restoration
projects to carry out the plan.
(2) Agreement.--The Secretary may carry out a critical
restoration project after entering into an agreement with an
appropriate non-Federal interest in accordance with section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b).
(3) Indian projects.--To the maximum extent practicable,
the Secretary shall ensure that not less than 30 percent of the
funds made available for critical restoration projects under
this title shall be used exclusively for projects that are--
(A) within the boundary of an Indian reservation;
or
(B) administered by an Indian tribe.
(g) Cost Sharing.--
(1) Assessment.--
(A) Federal share.--The Federal share of the cost
of carrying out the assessment under subsection (d)
shall be 50 percent.
(B) Non-federal share.--The non-Federal share of
the cost of carrying out the assessment under
subsection (d) may be provided in the form of services,
materials, or other in-kind contributions.
(2) Plan.--
(A) Federal share.--The Federal share of the cost
of preparing the plan under subsection (e) shall be 50
percent.
(B) Non-federal share.--Not more than 50 percent of
the non-Federal share of the cost of preparing the plan
under subsection (e) may be provided in the form of
services, materials, or other in-kind contributions.
(3) Critical restoration projects.--
(A) In general.--A non-Federal cost share shall be
required to carry out any critical restoration project
under subsection (f) that does not primarily benefit
the Federal Government, as determined by the Task
Force.
(B) Federal share.--The Federal share of the cost
of carrying out a critical restoration project under
subsection (f) for which the Task Force requires a non-
Federal cost share under subparagraph (A) shall be 65
percent, not to exceed $5,000,000 for any critical
restoration project.
(C) Non-federal share.--
(i) In general.--Not more than 50 percent
of the non-Federal share of the cost of
carrying out a critical restoration project
described in subparagraph (B) may be provided
in the form of services, materials, or other
in-kind contributions.
(ii) Required non-federal contributions.--
For any critical restoration project described
in subparagraph (B), the non-Federal interest
shall--
(I) provide all land, easements,
rights-of-way, dredged material
disposal areas, and relocations;
(II) pay all operation,
maintenance, replacement, repair, and
rehabilitation costs; and
(III) hold the United States
harmless from all claims arising from
the construction, operation, and
maintenance of the project.
(iii) Credit.--The non-Federal interest
shall receive credit for all contributions
provided under clause (ii)(I).
SEC. 704. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian tribe;
(2) any other right of an Indian tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian tribe;
(5) any authority of the State that relates to the
protection, regulation, or management of fish, terrestrial
wildlife, and cultural and archaeological resources, except as
specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law
in effect on the date of enactment of this Act, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private property
caused by the operation of the Pick-Sloan program.
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan program for the purposes of meeting the requirements of the Act
of December 22, 1944 (58 Stat. 887, 33 U.S.C. 701-1 et seq.).
SEC. 705. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this title $4,000,000 for each of fiscal years 2001 through 2005,
$5,000,000 for each of fiscal years 2006 through 2009, and $10,000,000
in fiscal year 2010. Such funds shall remain available until expended.
Attest:
Clerk.
106th CONGRESS
2d Session
S. 2796
_______________________________________________________________________
AMENDMENT