[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2796 Enrolled Bill (ENR)]
S.2796
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 authorizations.
Sec. 102. Small projects for flood damage reduction.
Sec. 103. Small projects for emergency streambank protection.
Sec. 104. Small projects for navigation.
Sec. 105. Small projects for improvement of the quality of the
environment.
Sec. 106. Small projects for aquatic ecosystem restoration.
Sec. 107. Small projects for shoreline protection.
Sec. 108. Small projects for snagging and sediment removal.
Sec. 109. Small project for mitigation of shore damage.
Sec. 110. Beneficial uses of dredged material.
Sec. 111. Disposal of dredged material on beaches.
Sec. 112. Petaluma River, Petaluma, California.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
Sec. 206. National recreation reservation service.
Sec. 207. Interagency and international support authority.
Sec. 208. Reburial and conveyance authority.
Sec. 209. Floodplain management requirements.
Sec. 210. Nonprofit entities.
Sec. 211. Performance of specialized or technical services.
Sec. 212. Hydroelectric power project funding.
Sec. 213. Assistance programs.
Sec. 214. Funding to process permits.
Sec. 215. Dredged material marketing and recycling.
Sec. 216. National academy of sciences study.
Sec. 217. Rehabilitation of Federal flood control levees.
Sec. 218. Maximum program expenditures for small flood control projects.
Sec. 219. Engineering consulting services.
Sec. 220. Beach recreation.
Sec. 221. Design-build contracting.
Sec. 222. Enhanced public participation.
Sec. 223. Monitoring.
Sec. 224. Fish and wildlife mitigation.
Sec. 225. Feasibility studies and planning, engineering, and design.
Sec. 226. Administrative costs of land conveyances.
Sec. 227. Flood mitigation and riverine restoration.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Tennessee-Tombigbee Waterway Wildlife Mitigation Project,
Alabama and Mississippi.
Sec. 302. Nogales Wash and tributaries, Nogales, Arizona.
Sec. 303. Boydsville, Arkansas.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Sacramento Deep Water Ship Channel, California.
Sec. 306. Delaware River Mainstem and Channel Deepening, Delaware, New
Jersey, and Pennsylvania.
Sec. 307. Rehoboth Beach and Dewey Beach, Delaware.
Sec. 308. Fernandina Harbor, Florida.
Sec. 309. Gasparilla and Estero Islands, Florida.
Sec. 310. East Saint Louis and vicinity, Illinois.
Sec. 311. Kaskaskia River, Kaskaskia, Illinois.
Sec. 312. Waukegan Harbor, Illinois.
Sec. 313. Upper Des Plaines River and tributaries, Illinois.
Sec. 314. Cumberland, Kentucky.
Sec. 315. Atchafalaya Basin, Louisiana.
Sec. 316. Red River Waterway, Louisiana.
Sec. 317. Thomaston Harbor, Georges River, Maine.
Sec. 318. Poplar Island, Maryland.
Sec. 319. William Jennings Randolph Lake, Maryland.
Sec. 320. Breckenridge, Minnesota.
Sec. 321. Duluth Harbor, Minnesota.
Sec. 322. Little Falls, Minnesota.
Sec. 323. New Madrid County, Missouri.
Sec. 324. Pemiscot County Harbor, Missouri.
Sec. 325. Fort Peck fish hatchery, Montana.
Sec. 326. Sagamore Creek, New Hampshire.
Sec. 327. Passaic River basin flood management, New Jersey.
Sec. 328. Times Beach Nature Preserve, Buffalo, New York.
Sec. 329. Rockaway Inlet to Norton Point, New York.
Sec. 330. Garrison Dam, North Dakota.
Sec. 331. Duck Creek, Ohio.
Sec. 332. John Day Pool, Oregon and Washington.
Sec. 333. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 334. Nonconnah Creek, Tennessee and Mississippi.
Sec. 335. San Antonio Channel, San Antonio, Texas.
Sec. 336. Buchanan and Dickenson Counties, Virginia.
Sec. 337. Buchanan, Dickenson, and Russell Counties, Virginia.
Sec. 338. Sandbridge Beach, Virginia Beach, Virginia.
Sec. 339. Mount St. Helens, Washington.
Sec. 340. Lower Mud River, Milton, West Virginia.
Sec. 341. Fox River System, Wisconsin.
Sec. 342. Chesapeake Bay oyster restoration.
Sec. 343. Great Lakes dredging levels adjustment.
Sec. 344. Great Lakes remedial action plans and sediment remediation.
Sec. 345. Treatment of dredged material from Long Island Sound.
Sec. 346. Declaration of nonnavigability for Lake Erie, New York.
Sec. 347. Project deauthorizations.
Sec. 348. Land conveyances.
Sec. 349. Project reauthorizations.
Sec. 350. Continuation of project authorizations.
Sec. 351. Water quality projects.
TITLE IV--STUDIES
Sec. 401. Studies of completed projects.
Sec. 402. Lower Mississippi River resource assessment.
Sec. 403. Upper Mississippi River basin sediment and nutrient study.
Sec. 404. Upper Mississippi River comprehensive plan.
Sec. 405. Ohio River system.
Sec. 406. Baldwin County, Alabama.
Sec. 407. Bridgeport, Alabama.
Sec. 408. Arkansas River navigation system.
Sec. 409. Cache Creek basin, California.
Sec. 410. Estudillo Canal, San Leandro, California.
Sec. 411. Laguna Creek, Fremont, California.
Sec. 412. Lake Merritt, Oakland, California.
Sec. 413. Lancaster, California.
Sec. 414. Oceanside, California.
Sec. 415. San Jacinto watershed, California.
Sec. 416. Suisun Marsh, California.
Sec. 417. Delaware River watershed.
Sec. 418. Brevard County, Florida.
Sec. 419. Choctawhatchee River, Florida.
Sec. 420. Egmont Key, Florida.
Sec. 421. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 422. Lake Allatoona watershed, Georgia.
Sec. 423. Boise River, Idaho.
Sec. 424. Wood River, Idaho.
Sec. 425. Chicago, Illinois.
Sec. 426. Chicago sanitary and ship canal system, Chicago, Illinois.
Sec. 427. Long Lake, Indiana.
Sec. 428. Brush and Rock Creeks, Mission Hills and Fairway, Kansas.
Sec. 429. Atchafalaya River, Bayous Chene, Boeuf, and Black, Louisiana.
Sec. 430. Boeuf and Black, Louisiana.
Sec. 431. Iberia Port, Louisiana.
Sec. 432. Lake Pontchartrain Seawall, Louisiana.
Sec. 433. Lower Atchafalaya basin, Louisiana.
Sec. 434. St. John the Baptist Parish, Louisiana.
Sec. 435. South Louisiana.
Sec. 436. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 437. Merrimack River basin, Massachusetts and New Hampshire.
Sec. 438. Wild Rice River, Minnesota.
Sec. 439. Port of Gulfport, Mississippi.
Sec. 440. Las Vegas Valley, Nevada.
Sec. 441. Upland disposal sites in New Hampshire.
Sec. 442. Southwest Valley, Albuquerque, New Mexico.
Sec. 443. Buffalo Harbor, Buffalo, New York.
Sec. 444. Jamesville Reservoir, Onondaga County, New York.
Sec. 445. Bogue Banks, Carteret County, North Carolina.
Sec. 446. Duck Creek watershed, Ohio.
Sec. 447. Fremont, Ohio.
Sec. 448. Steubenville, Ohio.
Sec. 449. Grand Lake, Oklahoma.
Sec. 450. Columbia Slough, Oregon.
Sec. 451. Cliff Walk in Newport, Rhode Island.
Sec. 452. Quonset Point channel, Rhode Island.
Sec. 453. Dredged material disposal site, Rhode Island.
Sec. 454. Reedy River, Greenville, South Carolina.
Sec. 455. Chickamauga Lock and Dam, Tennessee.
Sec. 456. Germantown, Tennessee.
Sec. 457. Milwaukee, Wisconsin.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Lakes program.
Sec. 502. Restoration projects.
Sec. 503. Support of Army civil works program.
Sec. 504. Export of water from Great Lakes.
Sec. 505. Great Lakes tributary model.
Sec. 506. Great Lakes fishery and ecosystem restoration.
Sec. 507. New England water resources and ecosystem restoration.
Sec. 508. Visitors centers.
Sec. 509. CALFED Bay-Delta program assistance, California.
Sec. 510. Seward, Alaska.
Sec. 511. Clear Lake basin, California.
Sec. 512. Contra Costa Canal, Oakley and Knightsen, California.
Sec. 513. Huntington Beach, California.
Sec. 514. Mallard Slough, Pittsburg, California.
Sec. 515. Port Everglades, Florida.
Sec. 516. Lake Sidney Lanier, Georgia, home preservation.
Sec. 517. Ballard's Island, La Salle County, Illinois.
Sec. 518. Lake Michigan diversion, Illinois.
Sec. 519. Illinois River basin restoration.
Sec. 520. Koontz Lake, Indiana.
Sec. 521. West View Shores, Cecil County, Maryland.
Sec. 522. Muddy River, Brookline and Boston, Massachusetts.
Sec. 523. Soo Locks, Sault Ste. Marie, Michigan.
Sec. 524. Minnesota dam safety.
Sec. 525. Bruce F. Vento Unit of the Boundary Waters Canoe Area
Wilderness, Minnesota.
Sec. 526. Duluth, Minnesota, alternative technology project.
Sec. 527. Minneapolis, Minnesota.
Sec. 528. Coastal Mississippi wetlands restoration projects.
Sec. 529. Las Vegas, Nevada.
Sec. 530. Urbanized peak flood management research, New Jersey.
Sec. 531. Nepperhan River, Yonkers, New York.
Sec. 532. Upper Mohawk River basin, New York.
Sec. 533. Flood damage reduction.
Sec. 534. Cuyahoga River, Ohio.
Sec. 535. Crowder Point, Crowder, Oklahoma.
Sec. 536. Lower Columbia River and Tillamook Bay ecosystem restoration,
Oregon and Washington.
Sec. 537. Access improvements, Raystown Lake, Pennsylvania.
Sec. 538. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 539. Charleston Harbor, South Carolina.
Sec. 540. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and South
Dakota terrestrial wildlife habitat restoration.
Sec. 541. Horn Lake Creek and tributaries, Tennessee and Mississippi.
Sec. 542. Lake Champlain watershed, Vermont and New York.
Sec. 543. Vermont dams remediation.
Sec. 544. Puget Sound and adjacent waters restoration, Washington.
Sec. 545. Willapa Bay, Washington.
Sec. 546. Wynoochee Lake, Wynoochee River, Washington.
Sec. 547. Bluestone, West Virginia.
Sec. 548. Lesage/Greenbottom Swamp, West Virginia.
Sec. 549. Tug Fork River, West Virginia.
Sec. 550. Southern West Virginia.
Sec. 551. Surfside/Sunset and Newport Beach, California.
Sec. 552. Watershed management, restoration, and development.
Sec. 553. Maintenance of navigation channels.
Sec. 554. Hydrographic survey.
Sec. 555. Columbia River treaty fishing access.
Sec. 556. Release of use restriction.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION
Sec. 601. Comprehensive Everglades restoration plan.
Sec. 602. Sense of Congress concerning Homestead Air Force Base.
TITLE VII--MISSOURI RIVER RESTORATION, NORTH DAKOTA
Sec. 701. Short title.
Sec. 702. Findings and purposes.
Sec. 703. Definitions.
Sec. 704. Missouri River Trust.
Sec. 705. Missouri River Task Force.
Sec. 706. Administration.
Sec. 707. Authorization of appropriations.
TITLE VIII--WILDLIFE REFUGE ENHANCEMENT
Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Definitions.
Sec. 804. Conveyance of cabin sites.
Sec. 805. Rights of nonparticipating lessees.
Sec. 806. Conveyance to third parties.
Sec. 807. Use of proceeds.
Sec. 808. Administrative costs.
Sec. 809. Revocation of withdrawals.
Sec. 810. Authorization of appropriations.
TITLE IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA
Sec. 901. Short title.
Sec. 902. Findings and purposes.
Sec. 903. Definitions.
Sec. 904. Missouri River Trust.
Sec. 905. Missouri River Task Force.
Sec. 906. Administration.
Sec. 907. 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 AUTHORIZATIONS.
(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, and at an estimated average annual cost of
$1,751,000 for periodic nourishment over the 50-year life of the
project, with an estimated annual Federal cost of $1,138,000 and an
estimated annual non-Federal cost of $613,000.
(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
$1,781,234,000, with an estimated Federal cost of $743,954,000
and an estimated non-Federal cost of $1,037,280,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of
the project may be provided in cash or in the form of in-
kind services or materials.
(ii) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of the project the cost of
design and construction work carried out by the non-Federal
interest before the date of execution of a cooperation
agreement for the project if the Secretary determines that
the work is integral to 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 to 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 $15,552,000, with an
estimated Federal cost of $9,374,000 and an estimated non-Federal
cost of $6,178,000.
(2) Unalaska harbor, alaska.--The project for navigation,
Unalaska 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, except that the date for completion of the
favorable report of the Chief of Engineers shall be December 31,
2001, instead of December 31, 2000.
(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 for 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) Murrieta creek, california.--The project for flood damage
reduction and ecosystem restoration, Murrieta Creek, California,
described as alternative 6, based on the District Engineer's
Murrieta Creek feasibility report and environmental impact
statement dated October 2000, at a total cost of $89,846,000, with
an estimated Federal cost of $25,556,000 and an estimated non-
Federal cost of $64,290,000.
(7) Pine flat dam, california.--The project for ecosystem
restoration, Pine Flat Dam, California, at a total cost of
$34,000,000, with an estimated Federal cost of $22,000,000 and an
estimated non-Federal cost of $12,000,000.
(8) 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.
(9) 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.
(10) Whitewater river basin, california.--The project for flood
damage reduction, Whitewater River basin, California, at a total
cost of $28,900,000, with an estimated Federal cost of $18,800,000
and an estimated non-Federal cost of $10,100,000.
(11) 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, and at an estimated
average annual cost of $920,000 for periodic nourishment over the
50-year life of the project, with an estimated annual Federal cost
of $460,000 and an estimated annual non-Federal cost of $460,000.
(12) Port sutton, florida.--The project for navigation, Port
Sutton, Florida, at a total cost of $7,600,000, with an estimated
Federal cost of $4,900,000 and an estimated non-Federal cost of
$2,700,000.
(13) 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.
(14) 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 $181,700,000. 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) Greenup lock and dam, kentucky and ohio.--The project for
navigation, Greenup Lock and Dam, Kentucky and Ohio, at a total
cost of $175,500,000. 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.
(16) Ohio river, kentucky, illinois, indiana, ohio,
pennsylvania, and west virginia.--
(A) In general.--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.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of
any project under this paragraph may be provided in cash or
in the form of in-kind services or materials.
(ii) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of a project under this
paragraph the cost of design and construction work carried
out by the non-Federal interest before the date of
execution of a cooperation agreement for the project if the
Secretary determines that the work is integral to the
project.
(17) Morganza, louisiana, to gulf of mexico.--
(A) In general.--The project for hurricane and storm damage
reduction, Morganza, Louisiana, to the Gulf of Mexico, at a
total cost of $550,000,000, with an estimated Federal cost of
$358,000,000 and an estimated non-Federal cost of $192,000,000.
(B) Credit.--The Secretary shall credit toward the non-
Federal share of the cost of the project the cost of work
carried out by the non-Federal interest for interim flood
protection after March 31, 1989, if the Secretary determines
that the work is integral to the project.
(18) Monarch-chesterfield, missouri.--The project for flood
damage reduction, Monarch-Chesterfield, Missouri, at a total cost
of $58,090,000, with an estimated Federal cost of $37,758,500 and
an estimated non-Federal cost of $20,331,500.
(19) Antelope creek, lincoln, nebraska.--The project for flood
damage reduction, Antelope Creek, Lincoln, Nebraska, at a total
cost of $46,310,000, with an estimated Federal cost of $23,155,000
and an estimated non-Federal cost of $23,155,000.
(20) Sand creek watershed, wahoo, nebraska.--The project for
ecosystem restoration and flood damage reduction, Sand Creek
watershed, Wahoo, Nebraska, at a total cost of $29,840,000, with an
estimated Federal cost of $16,870,000 and an estimated non-Federal
cost of $12,970,000.
(21) Western sarpy and clear creek, nebraska.--The project for
flood damage reduction, Western Sarpy and Clear Creek, Nebraska, at
a total cost of $15,643,000, with an estimated Federal cost of
$9,518,000 and an estimated non-Federal cost of $6,125,000.
(22) 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, and at
an estimated average annual cost of $110,000 for periodic
nourishment over the 50-year life of the project, with an estimated
annual Federal cost of $55,000 and an estimated annual non-Federal
cost of $55,000.
(23) 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, and
at an estimated average annual cost of $173,000 for periodic
nourishment over the 50-year life of the project, with an estimated
annual Federal cost of $86,500 and an estimated annual non-Federal
cost of $86,500.
(24) Dare county beaches, north carolina.--The project for
hurricane and storm damage reduction, Dare County beaches, North
Carolina, at a total cost of $71,674,000, with an estimated Federal
cost of $46,588,000 and an estimated non-Federal cost of
$25,086,000, and at an estimated average annual cost of $34,990,000
for periodic nourishment over the 50-year life of the project, with
an estimated annual Federal cost of $17,495,000 and an estimated
annual non-Federal cost of $17,495,000.
(25) Wolf river, memphis, tennessee.--The project for ecosystem
restoration, Wolf River, Memphis, Tennessee, at a total cost of
$9,118,000, with an estimated Federal cost of $5,849,000 and an
estimated non-Federal cost of $3,269,000.
(26) Duwamish/green, washington.--The project for ecosystem
restoration, Duwamish/Green, Washington, at a total cost of
$112,860,000, with an estimated Federal cost of $73,360,000 and an
estimated non-Federal cost of $39,500,000.
(27) Stillagumaish river basin, washington.--The project for
ecosystem restoration, Stillagumaish River basin, Washington, at a
total cost of $23,590,000, with an estimated Federal cost of
$15,680,000 and an estimated non-Federal cost of $7,910,000.
(28) Jackson hole, wyoming.--
(A) In general.--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.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the costs of
the project may be provided in cash or in the form of in-
kind services or materials.
(ii) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of the project the cost of
design and construction work carried out by the non-Federal
interest before the date of execution of a cooperation
agreement for the project if the Secretary determines that
the work is integral to the project.
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) Weiser river, idaho.--Project for flood damage reduction,
Weiser River, Idaho.
(6) Columbia levee, columbia, illinois.--Project for flood
damage reduction, Columbia Levee, Columbia, Illinois.
(7) East-west creek, riverton, illinois.--Project for flood
damage reduction, East-West Creek, Riverton, Illinois.
(8) Prairie du pont, illinois.--Project for flood damage
reduction, Prairie Du Pont, Illinois.
(9) Monroe county, illinois.--Project for flood damage
reduction, Monroe County, Illinois.
(10) Willow creek, meredosia, illinois.--Project for flood
damage reduction, Willow Creek, Meredosia, Illinois.
(11) Dykes branch channel, leawood, kansas.--Project for flood
damage reduction, Dykes Branch channel improvements, Leawood,
Kansas.
(12) Dykes branch tributaries, leawood, kansas.--Project for
flood damage reduction, Dykes Branch tributary improvements,
Leawood, Kansas.
(13) Kentucky river, frankfort, kentucky.--Project for flood
damage reduction, Kentucky River, Frankfort, Kentucky.
(14) Bayou tete l'ours, louisiana.--Project for flood damage
reduction, Bayou Tete L'Ours, Louisiana.
(15) Bossier city, louisiana.--Project for flood damage
reduction, Red Chute Bayou levee, Bossier City, Louisiana.
(16) Bossier parish, louisiana.--Project for flood damage
reduction, Cane Bend Subdivision, Bossier Parish, Louisiana.
(17) Braithwaite park, louisiana.--Project for flood damage
reduction, Braithwaite Park, Louisiana.
(18) Crown point, louisiana.--Project for flood damage
reduction, Crown Point, Louisiana.
(19) Donaldsonville canals, louisiana.--Project for flood
damage reduction, Donaldsonville Canals, Louisiana.
(20) Goose bayou, louisiana.--Project for flood damage
reduction, Goose Bayou, Louisiana.
(21) Gumby dam, louisiana.--Project for flood damage reduction,
Gumby Dam, Richland Parish, Louisiana.
(22) Hope canal, louisiana.--Project for flood damage
reduction, Hope Canal, Louisiana.
(23) Jean lafitte, louisiana.--Project for flood damage
reduction, Jean Lafitte, Louisiana.
(24) 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.
(25) Lockport to larose, louisiana.--Project for flood damage
reduction, Lockport to Larose, Louisiana.
(26) Lower lafitte basin, louisiana.--Project for flood damage
reduction, Lower Lafitte basin, Louisiana.
(27) Oakville to lareussite, louisiana.--Project for flood
damage reduction, Oakville to LaReussite, Louisiana.
(28) Pailet basin, louisiana.--Project for flood damage
reduction, Pailet basin, Louisiana.
(29) Pochitolawa creek, louisiana.--Project for flood damage
reduction, Pochitolawa Creek, Louisiana.
(30) Rosethorn basin, louisiana.--Project for flood damage
reduction, Rosethorn basin, Louisiana.
(31) Shreveport, louisiana.--Project for flood damage
reduction, Twelve Mile Bayou, Shreveport, Louisiana.
(32) Stephensville, louisiana.--Project for flood damage
reduction, Stephensville, Louisiana.
(33) St. john the baptist parish, louisiana.--Project for flood
damage reduction, St. John the Baptist Parish, Louisiana.
(34) Magby creek and vernon branch, mississippi.--Project for
flood damage reduction, Magby Creek and Vernon Branch, Lowndes
County, Mississippi.
(35) Pennsville township, salem county, new jersey.--Project
for flood damage reduction, Pennsville Township, Salem County, New
Jersey.
(36) Hempstead, new york.--Project for flood damage reduction,
Hempstead, New York.
(37) Highland brook, highland falls, new york.--Project for
flood damage reduction, Highland Brook, Highland Falls, New York.
(38) Lafayette township, ohio.--Project for flood damage
reduction, Lafayette Township, Ohio.
(39) West lafayette, ohio.--Project for flood damage reduction,
West Lafayette, Ohio.
(40) Bear creek and tributaries, medford, oregon.--Project for
flood damage reduction, Bear Creek and tributaries, Medford,
Oregon.
(41) Delaware canal and brock creek, yardley borough,
pennsylvania.--Project for flood damage reduction, Delaware Canal
and Brock Creek, Yardley Borough, Pennsylvania.
(42) Fritz landing, tennessee.--Project for flood damage
reduction, Fritz Landing, Tennessee.
(43) First creek, fountain city, knoxville, tennessee.--Project
for flood damage reduction, First Creek, Fountain City, Knoxville,
Tennessee.
(44) 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 may 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 EMERGENCY STREAMBANK PROTECTION.
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 emergency
streambank protection, Maumee River, Fort Wayne, Indiana.
(2) Bayou des glaises, louisiana.--Project for emergency
streambank protection, Bayou des Glaises (Lee Chatelain Road),
Avoyelles Parish, Louisiana.
(3) Bayou plaquemine, louisiana.--Project for emergency
streambank protection, Highway 77, Bayou Plaquemine, Iberville
Parish, Louisiana.
(4) Bayou sorrell, iberville parish, louisiana.--Project for
emergency streambank protection, Bayou Sorrell, Iberville Parish,
Louisiana.
(5) Hammond, louisiana.--Project for emergency streambank
protection, Fagan Drive Bridge, Hammond, Louisiana.
(6) Iberville parish, louisiana.--Project for emergency
streambank protection, Iberville Parish, Louisiana.
(7) Lake arthur, louisiana.--Project for emergency streambank
protection, Parish Road 120 at Lake Arthur, Louisiana.
(8) Lake charles, louisiana.--Project for emergency streambank
protection, Pithon Coulee, Lake Charles, Calcasieu Parish,
Louisiana.
(9) Loggy bayou, louisiana.--Project for emergency streambank
protection, Loggy Bayou, Bienville Parish, Louisiana.
(10) Scotlandville bluff, louisiana.--Project for emergency
streambank protection, Scotlandville Bluff, East Baton Rouge
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 south spreader waterway, florida.--Project for
navigation, Cape Coral South Spreader Waterway, Lee County,
Florida.
(3) Houma navigation canal, louisiana.--Project for navigation,
Houma Navigation Canal, Terrebonne Parish, Louisiana.
(4) Vidalia port, louisiana.--Project for navigation, Vidalia
Port, Louisiana.
(5) East two rivers, tower, minnesota.--Project for navigation,
East Two Rivers, Tower, Minnesota.
(6) Erie basin marina, buffalo, new york.--Project for
navigation, Erie Basin marina, Buffalo, New York.
(7) Lake michigan, lakeshore state park, milwaukee,
wisconsin.--Project for navigation, Lake Michigan, Lakeshore State
Park, Milwaukee, Wisconsin.
(8) Saxon harbor, francis, wisconsin.--Project for navigation,
Saxon Harbor, Francis, Wisconsin.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
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 1135(a) of the
Water Resources Development Act of 1986 (33 U.S.C. 2309a(a)):
(1) Nahant marsh, davenport, iowa.--Project for improvement of
the quality of the environment, Nahant Marsh, Davenport, Iowa.
(2) Bayou sauvage national wildlife refuge, louisiana.--Project
for improvement of the quality of the environment, Bayou Sauvage
National Wildlife Refuge, Orleans Parish, Louisiana.
(3) Gulf intracoastal waterway, bayou plaquemine, louisiana.--
Project for improvement of the quality of the environment, Gulf
Intracoastal Waterway, Bayou Plaquemine, Iberville Parish,
Louisiana.
(4) Gulf intracoastal waterway, miles 220 to 222.5,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, miles 220 to 222.5,
Vermilion Parish, Louisiana.
(5) Gulf intracoastal waterway, weeks bay, louisiana.--Project
for improvement of the quality of the environment, Gulf
Intracoastal Waterway, Weeks Bay, Iberia Parish, Louisiana.
(6) Lake fausse point, louisiana.--Project for improvement of
the quality of the environment, Lake Fausse Point, Louisiana.
(7) Lake providence, louisiana.--Project for improvement of the
quality of the environment, Old River, Lake Providence, Louisiana.
(8) New river, louisiana.--Project for improvement of the
quality of the environment, New River, Ascension Parish, Louisiana.
(9) Erie county, ohio.--Project for improvement of the quality
of the environment, Sheldon's Marsh State Nature Preserve, Erie
County, Ohio.
(10) Muskingum county, ohio.--Project for improvement of the
quality of the environment, Dillon Reservoir watershed, Licking
River, Muskingum County, Ohio.
SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
(a) In General.--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) Braud bayou, louisiana.--Project for aquatic ecosystem
restoration, Braud Bayou, Spanish Lake, Ascension Parish,
Louisiana.
(8) Buras marina, louisiana.--Project for aquatic ecosystem
restoration, Buras Marina, Buras, Plaquemines Parish, Louisiana.
(9) Comite river, louisiana.--Project for aquatic ecosystem
restoration, Comite River at Hooper Road, Louisiana.
(10) Department of energy 21-inch pipeline canal, louisiana.--
Project for aquatic ecosystem restoration, Department of Energy 21-
inch Pipeline Canal, St. Martin Parish, Louisiana.
(11) Lake borgne, louisiana.--Project for aquatic ecosystem
restoration, southern shores of Lake Borgne, Louisiana.
(12) Lake martin, louisiana.--Project for aquatic ecosystem
restoration, Lake Martin, Louisiana.
(13) Luling, louisiana.--Project for aquatic ecosystem
restoration, Luling Oxidation Pond, St. Charles Parish, Louisiana.
(14) Mandeville, louisiana.--Project for aquatic ecosystem
restoration, Mandeville, St. Tammany Parish, Louisiana.
(15) St. james, louisiana.--Project for aquatic ecosystem
restoration, St. James, Louisiana.
(16) Saginaw bay, bay city, michigan.--Project for aquatic
ecosystem restoration, Saginaw Bay, Bay City, Michigan.
(17) Rainwater basin, nebraska.--Project for aquatic ecosystem
restoration, Rainwater Basin, Nebraska.
(18) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(19) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North Hampton, New
Hampshire.
(20) 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.
(21) 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.
(22) Eagle lake, new york.--Project for aquatic ecosystem
restoration, Eagle Lake, Ticonderoga, New York.
(23) Ossining, new york.--Project for aquatic ecosystem
restoration, Ossining, New York.
(24) Saratoga lake, new york.--Project for aquatic ecosystem
restoration, Saratoga Lake, New York.
(25) Schroon lake, new york.--Project for aquatic ecosystem
restoration, Schroon Lake, New York.
(26) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain, Highland
County, Ohio.
(27) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(28) Middle cuyahoga river, kent, ohio.--Project for aquatic
ecosystem restoration, Middle Cuyahoga River, Kent, Ohio.
(29) Tuscarawas county, ohio.--Project for aquatic ecosystem
restoration, Huff Run, Tuscarawas County, Ohio.
(30) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(31) Central amazon creek, eugene, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Eugene, Oregon.
(32) Eugene millrace, eugene, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Eugene, Oregon.
(33) Bear creek watershed, medford, oregon.--Project for
aquatic ecosystem restoration, Bear Creek watershed, Medford,
Oregon.
(34) Lone pine and lazy creeks, medford, oregon.--Project for
aquatic ecosystem restoration, Lone Pine and Lazy Creeks, Medford,
Oregon.
(35) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
(36) Tullytown borough, pennsylvania.--Project for aquatic
ecosystem restoration, Tullytown Borough, Pennsylvania.
(b) Salmon River, Idaho.--The Secretary may credit toward the non-
Federal share of the cost of the project for aquatic ecosystem
restoration, Salmon River, Idaho, to be carried out under section 206
of the Water Resources Development Act of 1996 (33 U.S.C. 2330) the
cost of work (consisting of surveys, studies, and development of
technical data) carried out by the non-Federal interest if the
Secretary determines that the work is integral to the project.
SEC. 107. SMALL PROJECTS FOR SHORELINE PROTECTION.
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 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):
(1) Lake palourde, louisiana.--Project for beach restoration
and protection, Highway 70, Lake Palourde, St. Mary and St. Martin
Parishes, Louisiana.
(2) St. bernard, louisiana.--Project for beach restoration and
protection, Bayou Road, St. Bernard, Louisiana.
(3) Hudson river, dutchess county, new york.--Project for beach
restoration and protection, Hudson River, Dutchess County, New
York.
SEC. 108. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
the Secretary may carry out the project under section 2 of the Flood
Control Act of August 28, 1937 (33 U.S.C. 701g):
(1) Sangamon river and tributaries, riverton, illinois.--
Project for removal of snags and clearing and straightening of
channels for flood control, Sangamon River and tributaries,
Riverton, Illinois.
(2) Bayou manchac, louisiana.--Project for removal of snags and
clearing and straightening of channels for flood control, Bayou
Manchac, Ascension Parish, Louisiana.
(3) Black bayou and hippolyte coulee, louisiana.--Project for
removal of snags and clearing and straightening of channels for
flood control, Black Bayou and Hippolyte Coulee, Calcasieu Parish,
Louisiana.
SEC. 109. SMALL PROJECT FOR MITIGATION OF SHORE DAMAGE.
The Secretary shall conduct a study of shore damage at Puget
Island, Columbia River, Washington, to determine if the damage is the
result of the project for navigation, Columbia River, Washington,
authorized by the first section of the Rivers and Harbors
Appropriations Act of June 13, 1902 (32 Stat. 369), and, if the
Secretary determines that the damage is the result of the project for
navigation and that a project to mitigate the damage is appropriate,
the Secretary may carry out the project to mitigate the damage under
section 111 of the River and Harbor Act of 1968 (33 U.S.C. 426i).
SEC. 110. BENEFICIAL USES OF DREDGED MATERIAL.
The Secretary may carry out the following projects under section
204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326):
(1) Houma navigation canal, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes barrier island restoration at the Houma
Navigation Canal, Terrebonne Parish, Louisiana.
(2) Mississippi river gulf outlet, mile -3 to mile -9,
louisiana.--Project to make beneficial use of dredged material from
a Federal navigation project that includes dredging of the
Mississippi River Gulf Outlet, mile -3 to mile -9, St. Bernard
Parish, Louisiana.
(3) Mississippi river gulf outlet, mile 11 to mile 4,
louisiana.--Project to make beneficial use of dredged material from
a Federal navigation project that includes dredging of the
Mississippi River Gulf Outlet, mile 11 to mile 4, St. Bernard
Parish, Louisiana.
(4) Plaquemines parish, louisiana.--Project to make beneficial
use of dredged material from a Federal navigation project that
includes marsh creation at the contained submarine maintenance
dredge sediment trap, Plaquemines Parish, Louisiana.
(5) St. louis county, minnesota.--Project to make beneficial
use of dredged material from a Federal navigation project in St.
Louis County, Minnesota.
(6) Ottawa county, ohio.--Project to make beneficial use of
dredged material from a Federal navigation project to protect,
restore, and create aquatic and related habitat, East Harbor State
Park, Ottawa County, Ohio.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999 (113
Stat. 294) is amended by adding at the end the following:
``(f) Fort Canby State Park, Benson Beach, Washington.--The
Secretary may design and construct a shore protection project at Fort
Canby State Park, Benson Beach, Washington, including beneficial use of
dredged material from a Federal navigation project under section 145 of
the Water Resources Development Act of 1976 (33 U.S.C. 426j) or section
204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).''.
SEC. 112. 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) Reimbursement.--The Secretary shall reimburse the non-Federal
interest for any project costs that the non-Federal interest has
incurred in excess of the non-Federal share of project costs,
regardless of the date on which the costs were incurred.
(c) Cost Sharing.--For purposes of reimbursement under subsection
(b), cost sharing for work performed on the project before the date of
enactment of this Act shall be determined in accordance with section
103(a) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(a)).
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)) is amended in the second sentence--
(1) by striking ``State legislative'';
(2) by striking ``State constitutional'' and inserting
``constitutional''; and
(3) by inserting before the period at the end the following:
``of the State or a political subdivision of the State''.
SEC. 202. 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 river basins and watersheds of the United States, including
needs relating to--
``(1) ecosystem protection and restoration;
``(2) flood damage reduction;
``(3) navigation and ports;
``(4) watershed protection;
``(5) water supply; and
``(6) drought preparedness.
``(b) Cooperation.--An assessment under subsection (a) shall be
carried out in cooperation and coordination with--
``(1) the Secretary of the Interior;
``(2) the Secretary of Agriculture;
``(3) the Secretary of Commerce;
``(4) the Administrator of the Environmental Protection Agency;
and
``(5) the heads of other appropriate agencies.
``(c) Consultation.--In carrying out an assessment under subsection
(a), the Secretary shall consult with Federal, tribal, State,
interstate, and local governmental entities.
``(d) Priority River Basins and Watersheds.--In selecting river
basins and watersheds for assessment under this section, the Secretary
shall give priority to--
``(1) the Delaware River basin;
``(2) the Kentucky River basin;
``(3) the Potomac River basin;
``(4) the Susquehanna River basin; and
``(5) the Willamette River basin.
``(e) Acceptance of Contributions.--In carrying out an assessment
under subsection (a), the Secretary may accept contributions, in cash
or in kind, from Federal, tribal, State, interstate, and local
governmental entities to the extent that the Secretary determines that
the contributions will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the costs of
an assessment carried out under this section shall be 50 percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may credit toward the non-Federal share of an
assessment under this section the cost of services, materials,
supplies, or other in-kind contributions provided by the non-
Federal interests for the assessment.
``(B) Maximum amount of credit.--The credit under
subparagraph (A) may not exceed an amount equal to 25 percent
of the costs of the assessment.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.''.
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) Definition of Indian Tribe.--In this section, the term ``Indian
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Program.--
(1) In general.--In cooperation with Indian tribes and the
heads of other Federal agencies, the Secretary may study and
determine the feasibility of carrying out water resources
development projects that--
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as defined
in section 1151 of title 18, United States Code) or in
proximity to Alaska Native villages.
(2) Matters to be studied.--A study conducted under paragraph
(1) may address--
(A) projects for flood damage reduction, environmental
restoration and protection, and preservation of cultural and
natural resources; and
(B) such other projects as the Secretary, in cooperation
with Indian tribes and the heads of other Federal agencies,
determines to be appropriate.
(c) Consultation and Coordination With Secretary of the Interior.--
(1) In general.--In recognition of the unique role of the
Secretary of the Interior concerning trust responsibilities with
Indian tribes and in recognition of mutual trust responsibilities,
the Secretary shall consult with the Secretary of the Interior
concerning studies conducted under subsection (b).
(2) Integration of activities.--The Secretary shall--
(A) integrate civil works activities of the Department of
the Army with activities of the Department of the Interior to
avoid conflicts, duplications of effort, or unanticipated
adverse effects on Indian tribes; and
(B) consider the authorities and programs of the Department
of the Interior and other Federal agencies in any
recommendations concerning carrying out projects studied under
subsection (b).
(d) Cost Sharing.--
(1) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a study
under subsection (b) shall be subject to the ability of the
non-Federal interest to pay.
(B) Use of procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.
(2) Credit.--The Secretary may credit toward the non-Federal
share of the costs of a study under subsection (b) the cost of
services, studies, supplies, or other in-kind contributions
provided by the non-Federal interest if the Secretary determines
that the services, studies, supplies, and other in-kind
contributions will facilitate completion of the study.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (b) $5,000,000 for each of fiscal
years 2002 through 2006, of which not more than $1,000,000 may be used
with respect to any 1 Indian tribe.
SEC. 204. 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 a feasibility study, or for construction of an
environmental protection and restoration project, a flood control
project, a project for navigation, storm damage protection,
shoreline erosion, hurricane protection, or recreation, or an
agricultural water supply project, shall be subject to the ability
of the 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, not
later than 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. 205. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary may carry out a program to reduce
vandalism and destruction of property at water resources development
projects under the jurisdiction of the Department of the Army.
(b) Provision of Rewards.--In carrying out the program, the
Secretary may provide rewards (including cash rewards) to individuals
who provide information or evidence leading to the arrest and
prosecution of individuals causing damage to Federal property.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for fiscal year 2001
and each fiscal year thereafter.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General Government
Appropriations Act, 1999 (112 Stat. 2681-515), the Secretary may--
(1) participate in the National Recreation Reservation Service
on an interagency basis; and
(2) pay the Department of the Army's share of the activities
required to implement, operate, and maintain the Service.
SEC. 207. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
Section 234(d) of the Water Resources Development Act of 1996 (33
U.S.C. 2323a(d)) is amended--
(1) by striking the first sentence and inserting the following:
``There is authorized to be appropriated to carry out this section
$250,000 for fiscal year 2001 and each fiscal year thereafter.'';
and
(2) in the second sentence by inserting ``out'' after
``carry''.
SEC. 208. REBURIAL AND CONVEYANCE AUTHORITY.
(a) Definition of Indian Tribe.--In this section, the term ``Indian
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Reburial.--
(1) Reburial areas.--In consultation with affected Indian
tribes, the Secretary may identify and set aside areas at civil
works projects of the Department of the Army that may be used to
rebury Native American remains that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal descendant or
Indian tribe in accordance with applicable Federal law.
(2) Reburial.--In consultation with and with the consent of the
lineal descendant or the affected Indian tribe, the Secretary may
recover and rebury, at Federal expense, the remains at the areas
identified and set aside under subsection (b)(1).
(c) Conveyance Authority.--
(1) In general.--Subject to paragraph (2), notwithstanding any
other provision of law, the Secretary may convey to an Indian tribe
for use as a cemetery an area at a civil works project that is
identified and set aside by the Secretary under subsection (b)(1).
(2) Retention of necessary property interests.--In carrying out
paragraph (1), the Secretary shall retain any necessary right-of-
way, easement, or other property interest that the Secretary
determines to be necessary to carry out the authorized purposes of
the project.
SEC. 209. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) In General.--Section 402(c) of the Water Resources Development
Act of 1986 (33 U.S.C. 701b-12(c)) is amended--
(1) in the first sentence of paragraph (1) by striking ``Within
6 months after the date of the enactment of this subsection, the''
and inserting ``The'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by striking ``Such guidelines shall address'' and inserting
the following:
``(2) Required elements.--The guidelines developed under
paragraph (1) shall--
``(A) address''; and
(4) in paragraph (2) (as designated by paragraph (3) of this
subsection)--
(A) by inserting ``to be undertaken by non-Federal
interests to'' after ``policies'';
(B) by striking the period at the end and inserting ``;
and''; and
(C) by adding at the end the following:
``(B) address those measures to be undertaken by non-
Federal interests to preserve the level of flood protection
provided by a project to which subsection (a) applies.''.
(b) Applicability.--The amendments made by subsection (a) shall
apply to any project or separable element of a project with respect to
which the Secretary and the non-Federal interest have not entered a
project cooperation agreement on or before the date of enactment of
this Act.
(c) Technical Amendments.--Section 402(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(b)) is amended--
(1) in the subsection heading by striking ``Flood Plain'' and
inserting ``Floodplain''; and
(2) in the first sentence by striking ``flood plain'' and
inserting ``floodplain''.
SEC. 210. 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), for any project carried out
under this section, a non-Federal sponsor may include a nonprofit
entity, with the consent of the affected local government.''.
(b) 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), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity with the consent of the affected local government.''.
(c) 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 subsections (g) and (h) as subsections (h)
and (i), respectively, and by inserting after subsection (f) 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.''.
SEC. 211. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) Definition of State.--In this section, the term ``State'' has
the meaning given the term in section 6501 of title 31, United States
Code.
(b) Authority.--The Corps of Engineers may provide specialized or
technical services to a Federal agency (other than an agency of the
Department of Defense) or a State or local government under section
6505 of title 31, United States Code, only if the chief executive of
the requesting entity submits to the Secretary--
(1) a written request describing the scope of the services to
be performed and agreeing to reimburse the Corps for all costs
associated with the performance of the services; and
(2) a certification that includes adequate facts to establish
that the services requested are not reasonably and quickly
available through ordinary business channels.
(c) Corps Agreement To Perform Services.--The Secretary, after
receiving a request described in subsection (b) to provide specialized
or technical services, shall, before entering into an agreement to
perform the services--
(1) ensure that the requirements of subsection (b) are met with
regard to the request for services; and
(2) execute a certification that includes adequate facts to
establish that the Corps is uniquely equipped to perform such
services.
(d) Annual Report to Congress.--
(1) In general.--Not later than the last day of each calendar
year, the Secretary shall provide 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 identifying any request submitted by a Federal agency (other
than an agency of the Department of Defense) or a State or local
government to the Corps to provide specialized or technical
services.
(2) Contents of report.--The report shall include, with respect
to each request described in paragraph (1)--
(A) a description of the scope of services requested;
(B) the certifications required under subsection (b) and
(c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services performed; and
(G) copies of all certifications in support of the request.
SEC. 212. HYDROELECTRIC POWER PROJECT FUNDING.
Section 216 of the Water Resources Development Act of 1996 (33
U.S.C. 2321a) is amended--
(1) in subsection (a) by striking ``In carrying out'' and all
that follows through ``(1) is'' and inserting the following: ``In
carrying out the operation, maintenance, rehabilitation, and
modernization of a hydroelectric power generating facility at a
water resources project under the jurisdiction of the Department of
the Army, the Secretary may, to the extent funds are made available
in appropriations Acts or in accordance with subsection (c), take
such actions as are necessary to optimize the efficiency of energy
production or increase the capacity of the facility, or both, if,
after consulting with the heads of other appropriate Federal and
State agencies, the Secretary determines that such actions--
``(1) are'';
(2) in the first sentence of subsection (b) by striking ``the
proposed uprating'' and inserting ``any proposed uprating'';
(3) by redesignating subsection (c) as subsection (e); and
(4) by inserting after subsection (b) the following:
``(c) Use of Funds Provided by Preference Customers.--In carrying
out this section, the Secretary may accept and expend funds provided by
preference customers under Federal law relating to the marketing of
power.
``(d) Application.--This section does not apply to any facility of
the Department of the Army that is authorized to be funded under
section 2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d-1).''.
SEC. 213. ASSISTANCE PROGRAMS.
(a) Conservation and Recreation Management.--To further training
and educational opportunities at water resources development projects
under the jurisdiction of the Secretary, the Secretary may enter into
cooperative agreements with non-Federal public and nonprofit entities
for services relating to natural resources conservation or recreation
management.
(b) Rural Community Assistance.--In carrying out studies and
projects under the jurisdiction of the Secretary, the Secretary may
enter into cooperative agreements with multistate regional private
nonprofit rural community assistance entities for services, including
water resource assessment, community participation, planning,
development, and management activities.
(c) Cooperative Agreements.--A cooperative agreement entered into
under this section shall not be considered to be, or treated as being,
a cooperative agreement to which chapter 63 of title 31, United States
Code, applies.
SEC. 214. FUNDING TO PROCESS PERMITS.
(a) In General.--In fiscal years 2001 through 2003, the Secretary,
after public notice, may accept and expend funds contributed by non-
Federal public entities to expedite the evaluation of permits under the
jurisdiction of the Department of the Army.
(b) Effect on Permitting.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under subsection
(a) will not impact impartial decisionmaking with respect to permits,
either substantively or procedurally.
SEC. 215. DREDGED MATERIAL MARKETING AND RECYCLING.
(a) Dredged Material Marketing.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a program to
allow the direct marketing of dredged material to public agencies
and private entities.
(2) Limitations.--The Secretary shall not establish the program
under paragraph (1) unless the Secretary determines that the
program is in the interest of the United States and is economically
justified, equitable, and environmentally acceptable.
(3) Regional responsibility.--The program described in
paragraph (1) may authorize each of the 8 division offices of the
Corps of Engineers to market to public agencies and private
entities any dredged material from projects under the jurisdiction
of the regional office. Any revenues generated from any sale of
dredged material to such entities shall be deposited in the United
States Treasury.
(4) Reports.--Not later than 180 days after the date of
enactment of this Act, and annually thereafter for a period of 4
years, the Secretary shall transmit to Congress a report on the
program established under paragraph (1).
(5) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $2,000,000 for each
fiscal year.
(b) Dredged Material Recycling.--
(1) Pilot program.--The Secretary shall conduct a pilot program
to provide incentives for the removal of dredged material from
confined disposal facilities associated with Corps of Engineer
navigation projects for the purpose of recycling the dredged
material and extending the life of the confined disposal
facilities.
(2) 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.
(3) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $2,000,000, except that
not to exceed $1,000,000 may be expended with respect to any
project.
SEC. 216. NATIONAL ACADEMY OF SCIENCES STUDY.
(a) Definitions.--In this section, the following definitions apply:
(1) Academy.--The term ``Academy'' means the National Academy
of Sciences.
(2) Method.--The term ``method'' means a method, model,
assumption, or other pertinent planning tool used in conducting an
economic or environmental analysis of a water resources project,
including the formulation of a feasibility report.
(3) Feasibility report.--The term ``feasibility report'' means
each feasibility report, and each associated environmental impact
statement and mitigation plan, prepared by the Corps of Engineers
for a water resources project.
(4) Water resources project.--The term ``water resources
project'' means a project for navigation, a project for flood
control, a project for hurricane and storm damage reduction, a
project for emergency streambank and shore protection, a project
for ecosystem restoration and protection, and a water resources
project of any other type carried out by the Corps of Engineers.
(b) Independent Peer Review of Projects.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall contract with the
Academy to study, and make recommendations relating to, the
independent peer review of feasibility reports.
(2) Study elements.--In carrying out a contract under paragraph
(1), the Academy shall study the practicality and efficacy of the
independent peer review of the feasibility reports, including--
(A) the cost, time requirements, and other considerations
relating to the implementation of independent peer review; and
(B) objective criteria that may be used to determine the
most effective application of independent peer review to
feasibility reports for each type of water resources project.
(3) Academy report.--Not later than 1 year after the date of a
contract under paragraph (1), the Academy shall submit to the
Secretary, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Environment and
Public Works of the Senate a report that includes--
(A) the results of the study conducted under paragraphs (1)
and (2); and
(B) in light of the results of the study, specific
recommendations, if any, on a program for implementing
independent peer review of feasibility reports.
(4) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $1,000,000, to remain
available until expended.
(c) Independent Peer Review of Methods for Project Analysis.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall contract with the
Academy to conduct a study that includes--
(A) a review of state-of-the-art methods;
(B) a review of the methods currently used by the
Secretary;
(C) a review of a sample of instances in which the
Secretary has applied the methods identified under subparagraph
(B) in the analysis of each type of water resources project;
and
(D) a comparative evaluation of the basis and validity of
state-of-the-art methods identified under subparagraph (A) and
the methods identified under subparagraphs (B) and (C).
(2) Academy report.--Not later than 1 year after the date of a
contract under paragraph (1), the Academy shall transmit to the
Secretary, the Committee on Transportation and Infrastructure of
the House of Representatives, and the Committee on Environment and
Public Works of the Senate a report that includes--
(A) the results of the study conducted under paragraph (1);
and
(B) in light of the results of the study, specific
recommendations for modifying any of the methods currently used
by the Secretary for conducting economic and environmental
analyses of water resources projects.
(3) Authorization of appropriations.--There is authorized to be
appropriated to carry out this subsection $2,000,000. Such sums
shall remain available until expended.
SEC. 217. 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. 218. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD CONTROL
PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended in the first sentence by striking ``$40,000,000'' and inserting
``$50,000,000''.
SEC. 219. 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. 220. BEACH RECREATION.
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 displayed in reports for
such projects.
SEC. 221. DESIGN-BUILD CONTRACTING.
(a) Pilot Program.--The Secretary may conduct a pilot program
consisting of not more than 5 authorized projects to test the design-
build method of project delivery on various authorized civil works
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 4 years after the date of enactment of
this Act, the Secretary shall transmit to Congress a report on the
results of the pilot program.
SEC. 222. 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. 223. 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 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. 224. 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(d)) is amended--
(1) by striking ``(1)'' and inserting ``(A)'';
(2) by striking ``(2)'' and inserting ``(B)'';
(3) by striking ``(d) After the date of enactment of this
Act,'' and inserting the following:
``(d) Mitigation Plans as Part of Project Proposals.--
``(1) In general.--After November 17, 1986,'';
(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.''; 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.--
(A) In general.--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 carrying out the
investigation, the Comptroller General shall determine--
(i) 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; and
(ii) the extent to which mitigation projects restore
natural hydrologic conditions, restore native vegetation,
and otherwise support native fish and wildlife species.
(B) Special rule.--In carrying out subparagraph (A)(ii),
the Comptroller General shall--
(i) establish a panel of independent scientists,
comprised of individuals with expertise and experience in
applicable scientific disciplines, to assist the
Comptroller General; and
(ii) assess methods used by the Corps of Engineers to
monitor and evaluate mitigation projects, and compare Corps
of Engineers mitigation project design, construction,
monitoring, and evaluation practices with those used in
other publicly and privately financed mitigation projects.
(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. 225. 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. 226. ADMINISTRATIVE COSTS OF LAND CONVEYANCES.
Notwithstanding any other provision of law, the administrative
costs associated with the conveyance of property by the Secretary to a
non-Federal governmental or nonprofit entity shall be limited to the
extent that the Secretary determines that such limitation is necessary
to complete the conveyance based on the entity's ability to pay.
SEC. 227. FLOOD MITIGATION AND RIVERINE RESTORATION.
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 the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa;
``(25) Lester, St. Louis, East Savanna, and Floodwood Rivers,
Duluth, Minnesota;
``(26) Lower Hudson River and tributaries, New York;
``(27) Susquehanna River watershed, Bradford County,
Pennsylvania; and
``(28) Clear Creek, Harris, Galveston, and Brazoria Counties,
Texas.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE MITIGATION PROJECT,
ALABAMA AND MISSISSIPPI.
(a) In General.--The Tennessee-Tombigbee Waterway Wildlife
Mitigation Project, Alabama and Mississippi, authorized by section
601(a) of Public Law 99-662 (100 Stat. 4138) is modified to authorize
the Secretary to--
(1) remove the wildlife mitigation purpose designation from up
to 3,000 acres of land as necessary over the life of the project
from lands originally acquired for water resource development
projects included in the Mitigation Project in accordance with the
Report of the Chief of Engineers dated August 31, 1985;
(2) sell or exchange such lands in accordance with subsection
(c)(1) and under such conditions as the Secretary determines to be
necessary to protect the interests of the United States, utilize
such lands as the Secretary determines to be appropriate in
connection with development, operation, maintenance, or
modification of the water resource development projects, or grant
such other interests as the Secretary may determine to be
reasonable in the public interest; and
(3) acquire, in accordance with subsections (c) and (d), lands
from willing sellers to offset the removal of any lands from the
Mitigation Project for the purposes listed in subsection (a)(2) of
this section.
(b) Removal Process.--Beginning on the date of enactment of this
Act, the locations of these lands to be removed will be determined at
appropriate time intervals at the discretion of the Secretary, in
consultation with appropriate Federal and State fish and wildlife
agencies, to facilitate the operation of the water resource development
projects and to respond to regional needs related to the project.
Removals under this subsection shall be restricted to Project Lands
designated for mitigation and shall not include lands purchased
exclusively for mitigation purposes (known as Separable Mitigation
Lands). Parcel identification, removal, and sale may occur assuming
acreage acquisitions pursuant to subsection (d) are at least equal to
the total acreage of the lands removed.
(c) Lands To Be Sold.--(1) Lands to be sold or exchanged pursuant
to subsection (a)(2) shall be made available for related uses
consistent with other uses of the water resource development project
lands (including port, industry, transportation, recreation, and other
regional needs for the project).
(2) Any valuation of land sold or exchanged pursuant to this
section shall be at fair market value as determined by the Secretary.
(3) The Secretary is authorized to accept monetary consideration
and to use such funds without further appropriation to carry out
subsection (a)(3). All monetary considerations made available to the
Secretary under subsection (a)(2) from the sale of lands shall be used
for and in support of acquisitions pursuant to subsection (d). The
Secretary is further authorized for purposes of this section to
purchase up to 1,000 acres from funds otherwise available.
(d) Criteria for Land To Be Acquired.--The Secretary shall consult
with the appropriate Federal and State fish and wildlife agencies in
selecting the lands to be acquired pursuant to subsection (a)(3). In
selecting the lands to be acquired, bottomland hardwood and associated
habitats will receive primary consideration. The lands shall be
adjacent to lands already in the Mitigation Project unless otherwise
agreed to by the Secretary and the fish and wildlife agencies.
(e) Dredged Material Disposal Sites.--The Secretary shall utilize
dredged material disposal areas in such a manner as to maximize their
reuse by disposal and removal of dredged materials, in order to
conserve undisturbed disposal areas for wildlife habitat to the maximum
extent practicable. Where the habitat value loss due to reuse of
disposal areas cannot be offset by the reduced need for other unused
disposal sites, the Secretary shall determine, in consultation with
Federal and State fish and wildlife agencies, and ensure full
mitigation for any habitat value lost as a result of such reuse.
(f) Other Mitigation Lands.--The Secretary is also authorized to
transfer by lease, easement, license, or permit lands acquired for the
Wildlife Mitigation Project pursuant to section 601(a) of Public Law
99-662, in consultation with Federal and State fish and wildlife
agencies, when such transfers are necessary to address transportation,
utility, and related activities. The Secretary shall ensure full
mitigation for any wildlife habitat value lost as a result of such sale
or transfer. Habitat value replacement requirements shall be determined
by the Secretary in consultation with the appropriate fish and wildlife
agencies.
(g) Repeal.--Section 102 of the Water Resources Development Act of
1992 (106 Stat. 4804) is amended by striking subsection (a).
SEC. 302. 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. 303. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of the cost
of the study to determine the feasibility of the reservoir and
associated improvements in the vicinity of Boydsville, Arkansas,
authorized by section 402 of the Water Resources Development Act of
1999 (113 Stat. 322), not more than $250,000 of the costs of the
planning and engineering investigations carried out by State and local
agencies if the Secretary determines that the investigations are
integral to the study.
SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
(a) In General.--Subject to subsection (b), the project for flood
control, power generation, and other purposes at the White River Basin,
Arkansas and Missouri, authorized by section 4 of the Rivers and
Harbors Act of June 28, 1938 (52 Stat. 1218), and modified by House
Document 917, 76th Congress, 3d Session, and House Document 290, 77th
Congress, 1st Session, approved August 18, 1941, and House Document
499, 83d Congress, 2d Session, approved September 3, 1954, and by
section 304 of the Water Resources Development Act of 1996 (110 Stat.
3711), is further modified to authorize the Secretary to provide
minimum flows necessary to sustain tail water trout fisheries by
reallocating the following recommended amounts of project storage:
(1) Beaver Lake, 1.5 feet.
(2) Table Rock, 2 feet.
(3) Bull Shoals Lake, 5 feet.
(4) Norfolk Lake, 3.5 feet.
(5) Greers Ferry Lake, 3 feet.
(b) Report.--
(1) In general.--No funds may be obligated to carry out work on
the modification under subsection (a) until the Chief of Engineers,
through completion of a final report, determines that the work is
technically sound, environmentally acceptable, and economically
justified.
(2) Timing.--Not later than January 1, 2002, the Secretary
shall transmit to Congress the final report.
(3) Contents.--The final report shall include determinations
concerning whether--
(A) the modification under subsection (a) adversely affects
other authorized project purposes; and
(B) Federal costs will be incurred in connection with the
modification.
SEC. 305. 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 credit toward the non-Federal share of the cost of the
project the value of dredged material from the project that is
purchased by public agencies or nonprofit entities for environmental
restoration or other beneficial uses if the Secretary determines that
the use of such dredged material is technically sound, environmentally
acceptable, and economically justified.
SEC. 306. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING, DELAWARE,
NEW JERSEY, AND PENNSYLVANIA.
The project for navigation, Delaware River Mainstem and Channel
Deepening, Delaware, New Jersey, and Pennsylvania, authorized by
section 101(6) of the Water Resources Development Act of 1992 (106
Stat. 4802) and modified by section 308 of the Water Resources
Development Act of 1999 (113 Stat. 300), is further modified to
authorize the Secretary to credit toward the non-Federal share of the
cost of the project under section 101(a)(2) of the Water Resources
Development Act of 1986 (33 U.S.C. 2211(a)(2)) the costs incurred 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. 307. 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 (110 Stat.
3667), is modified to authorize the project to be carried out 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.
SEC. 308. 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. 309. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero Island
segments, Lee County, Florida, authorized under section 201 of the
Flood Control Act of 1965 (79 Stat. 1073) by Senate Resolution dated
December 17, 1970, and by House Resolution dated December 15, 1970, is
modified to authorize the Secretary to enter into an agreement with the
non-Federal interest to carry out the project in accordance with
section 206 of the Water Resources Development Act of 1992 (33 U.S.C.
426i-1) if the Secretary determines that the project is technically
sound, environmentally acceptable, and economically justified.
SEC. 310. 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. 311. 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. 312. 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. 313. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of the cost
of the study to determine the feasibility of improvements to the upper
Des Plaines River and tributaries, phase 2, Illinois and Wisconsin,
authorized by section 419 of the Water Resources Development Act of
1999 (113 Stat. 324), the cost of work carried out by the non-Federal
interests before the date of execution of the study cost-sharing
agreement if--
(1) the Secretary and the non-Federal interests enter into a
cost-sharing agreement for the study; and
(2) the Secretary determines that the work is integral to the
study.
SEC. 314. CUMBERLAND, KENTUCKY.
The Secretary shall initiate construction, using continuing
contracts, of the city of Cumberland, Kentucky, flood control project,
authorized by section 202(a) of the Energy and Water Development
Appropriation Act, 1981 (94 Stat. 1339), in accordance with option 4 in
the detailed project report, dated September 1998, as modified, to
prevent losses from a flood equal in magnitude to the April 1977 level
by providing protection from the 100-year frequency event and to share
all costs in accordance with section 103 of Public Law 99-662, as
amended.
SEC. 315. ATCHAFALAYA BASIN, LOUISIANA.
(a) In General.--Notwithstanding the report of the Chief of
Engineers, dated February 28, 1983, for the project for flood control,
Atchafalaya Basin Floodway System, Louisiana, authorized by section
601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142),
which report refers to recreational development in the Lower
Atchafalaya Basin Floodway, the Secretary--
(1) shall initiate, in collaboration with the State of
Louisiana, construction of the visitors center, authorized as part
of the project, at or near Lake End Park in Morgan City, Louisiana;
and
(2) shall construct other recreational features, authorized as
part of the project, within, and in the vicinity of, the Lower
Atchafalaya Basin protection levees.
(b) Authorities.--The Secretary shall carry out subsection (a) in
accordance with--
(1) the feasibility study for the Atchafalaya Basin Floodway
System, Louisiana, dated January 1982; and
(2) the recreation cost-sharing requirements of section 103(c)
of the Water Resources Development Act of 1986 (33 U.S.C. 2213(c)).
SEC. 316. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, 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 purchase of mitigation land from willing sellers in any
of the parishes that comprise the Red River Waterway District,
consisting of Avoyelles, Bossier, Caddo, Grant, Natchitoches, Rapides,
and Red River Parishes.
SEC. 317. 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. 318. POPLAR ISLAND, MARYLAND.
(a) In General.--The project for the 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--
(1) to provide that the non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind services
or materials; and
(2) to direct the Secretary to credit toward the non-Federal
share of the cost of a project the cost of design and construction
work carried out by the non-Federal interest before the date of
execution of a cooperation agreement for the project if the
Secretary determines that the work is integral to 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 subsection (a)(2).
SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
(a) In General.--The Secretary may provide design and construction
assistance for recreational facilities in the State of Maryland at the
William Jennings Randolph Lake (Bloomington Dam), Maryland and West
Virginia, project authorized by section 203 of the Flood Control Act of
1962 (76 Stat. 1182).
(b) Non-Federal Share.--The Secretary shall require the non-Federal
interest to provide 50 percent of the costs of designing and
constructing the recreational facilities under subsection (a).
SEC. 320. BRECKENRIDGE, MINNESOTA.
(a) In General.--The Secretary may complete the project for flood
damage reduction, Breckenridge, Minnesota, substantially in accordance
with the detailed project report dated September 2000, at a total cost
of $21,000,000, with an estimated Federal cost of $13,650,000 and an
estimated non-Federal cost of $7,350,000.
(b) In-Kind Services.--The non-Federal interest may provide its
share of project costs in cash or in the form of in-kind services or
materials.
(c) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of design and construction
work carried out on the project by the non-Federal interest before the
date of the cooperation agreement for the modified project or execution
of a new cooperation agreement for the project if the Secretary
determines that the work is integral to the project.
SEC. 321. 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. 322. 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. 323. NEW MADRID COUNTY, MISSOURI.
(a) In General.--The project for navigation, New Madrid County
Harbor, New Madrid County, Missouri, carried out under section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577), is authorized as
described in the feasibility report for the project, including both
phase 1 and phase 2 of the project.
(b) Credit.--The Secretary shall credit toward the non-Federal
share of the cost of the project the costs of construction work for
phase 1 of the project carried out by the non-Federal interest if the
Secretary determines that the construction work is integral to the
project.
SEC. 324. PEMISCOT COUNTY HARBOR, MISSOURI.
The Secretary shall credit toward the non-Federal share of the cost
of the project for navigation, Pemiscot County Harbor, Missouri,
carried out under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577), the cost of construction work carried out for the project
after December 31, 1997, by the non-Federal interest if the Secretary
determines that the work is integral to the project.
SEC. 325. FORT PECK FISH HATCHERY, MONTANA.
(a) Findings.--Congress finds that--
(1) Fort Peck Lake, Montana, is in need of a multispecies fish
hatchery;
(2) the burden of carrying out efforts to raise and stock fish
species in Fort Peck Lake has been disproportionately borne by the
State of Montana despite the existence of a Federal project at Fort
Peck Lake;
(3)(A) as of the date of enactment of this Act, eastern Montana
has only 1 warm water fish hatchery, which is inadequate to meet
the demands of the region; and
(B) a disease or infrastructure failure at that hatchery could
imperil fish populations throughout the region;
(4) although the multipurpose project at Fort Peck, Montana,
authorized by the first section of the Act of August 30, 1935 (49
Stat. 1034, chapter 831), was intended to include irrigation
projects and other activities designed to promote economic growth,
many of those projects were never completed, to the detriment of
the local communities flooded by the Fort Peck Dam;
(5) the process of developing an environmental impact statement
for the update of the Corps of Engineers Master Manual for the
operation of the Missouri River recognized the need for greater
support of recreation activities and other authorized purposes of
the Fort Peck project;
(6)(A) although fish stocking is included among the authorized
purposes of the Fort Peck project, the State of Montana has funded
the stocking of Fort Peck Lake since 1947; and
(B) the obligation to fund the stocking constitutes an undue
burden on the State; and
(7) a viable multispecies fishery would spur economic
development in the region.
(b) Purposes.--The purposes of this section are--
(1) to authorize and provide funding for the design and
construction of a multispecies fish hatchery at Fort Peck Lake,
Montana; and
(2) to ensure stable operation and maintenance of the fish
hatchery.
(c) Definitions.--In this section, the following definitions apply:
(1) Fort peck lake.--The term ``Fort Peck Lake'' means the
reservoir created by the damming of the upper Missouri River in
northeastern Montana.
(2) Hatchery project.--The term ``hatchery project'' means the
project authorized by subsection (d).
(d) Authorization.--The Secretary shall carry out a project at Fort
Peck Lake, Montana, for the design and construction of a fish hatchery
and such associated facilities as are necessary to sustain a
multispecies fishery.
(e) Cost Sharing.--
(1) Design and construction.--
(A) Federal share.--The Federal share of the costs of
design and construction of the hatchery project shall be 75
percent.
(B) Form of non-federal share.--The non-Federal share of
the costs of the hatchery project may be provided in the form
of cash or in the form of land, easements, rights-of-way,
services, roads, or any other form of in-kind contribution
determined by the Secretary to be appropriate.
(C) Required crediting.--The Secretary shall credit toward
the non-Federal share of the costs of the hatchery project--
(i) the costs to the State of Montana of stocking Fort
Peck Lake during the period beginning January 1, 1947; and
(ii) the costs to the State of Montana and the counties
having jurisdiction over land surrounding Fort Peck Lake of
construction of local access roads to the lake.
(2) Operation, maintenance, repair, and replacement.--
(A) In general.--Except as provided in subparagraph (B),
the operation, maintenance, repair, and replacement of the
hatchery project shall be a non-Federal responsibility.
(B) Costs associated with threatened and endangered
species.--The costs of operation and maintenance associated
with raising threatened or endangered species shall be a
Federal responsibility.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated--
(A) $20,000,000 to carry out this section (other than
subsection (e)(2)(B)); and
(B) such sums as are necessary to carry out subsection
(e)(2)(B).
(2) Availability of funds.--Sums made available to carry out
this section shall remain available until expended.
SEC. 326. SAGAMORE CREEK, NEW HAMPSHIRE.
The Secretary shall carry out maintenance dredging of the Sagamore
Creek Channel, New Hampshire.
SEC. 327. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
(a) In General.--The project for flood control, Passaic River, New
Jersey and New York, authorized by section 101(a)(18) of the Water
Resources Development Act of 1990 (104 Stat. 4607), is modified to
direct the Secretary to give priority to nonstructural approaches for
flood control as alternatives to the construction of the Passaic River
tunnel element, while maintaining the integrity of other separable
mainstream project elements, wetland banks, and other independent
projects that were authorized to be carried out in the Passaic River
basin before the date of enactment of this Act.
(b) Reevaluation of Floodway Study.--The Secretary shall review the
Passaic River floodway buyout study, dated October 1995, 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) 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,
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)).
(d) Preservation of Natural Storage Areas.--
(1) In general.--The Secretary shall reevaluate the
acquisition, from willing sellers, for flood protection purposes,
of wetlands in the central Passaic River basin 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 economically
justified, the Secretary shall purchase the wetlands, with the goal
of purchasing not more than 8,200 acres.
(e) 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.
(f) 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 all aspects of the Passaic River flood
management 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 the Association of
New Jersey Environmental Commissions, the Passaic River
Coalition, and 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 transmit 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.
(g) Acquisition of Lands in the Floodway.--Section 1148 of the
Water Resources Development Act of 1986 (100 Stat. 4254; 110 Stat.
3718) 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.''.
(h) 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).
(i) 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 flood control project, as authorized by section
101(a)(18)(A) of the Water Resources Development Act of 1990 (104 Stat.
4607).
SEC. 328. 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. 329. ROCKAWAY INLET TO NORTON POINT, NEW YORK.
(a) In General.--The project for shoreline protection, Atlantic
Coast of New York City from Rockaway Inlet to Norton Point (Coney
Island Area), New York, authorized by section 501(a) of the Water
Resources Development Act of 1986 (100 Stat. 4135), is modified to
authorize the Secretary to construct T-groins to improve sand retention
down drift of the West 37th Street groin, in the Sea Gate area of Coney
Island, New York, as identified in the March 1998 report prepared for
the Corps of Engineers, entitled ``Field Data Gathering Project
Performance Analysis and Design Alternative Solutions to Improve
Sandfill Retention'', at a total cost of $9,000,000, with an estimated
Federal cost of $5,850,000 and an estimated non-Federal cost of
$3,150,000.
(b) Cost Sharing.--The non-Federal share of the costs of
constructing the T-groins under subsection (a) shall be 35 percent.
(c) Conforming Amendment.--Section 541 of the Water Resources
Development Act of 1999 (113 Stat. 350) is repealed.
SEC. 330. GARRISON DAM, NORTH DAKOTA.
The Secretary shall conduct a study of 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), to determine if the damage to the water
transmission line for Williston, North Dakota, is the result of a
design deficiency and, if the Secretary determines that the damage is
the result of a design deficiency, shall correct the deficiency.
SEC. 331. DUCK CREEK, OHIO.
(a) In General.--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 to
carry out the project at a total cost of $36,323,000.
(b) Non-Federal Share.--Notwithstanding section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213), the non-Federal
share of the cost of the project shall not exceed $4,200,000.
SEC. 332. JOHN DAY POOL, OREGON AND WASHINGTON.
(a) Extinguishment of Reversionary Interests and Use
Restrictions.--With respect to the land described in each deed
specified 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 low areas above the
standard project flood elevation is authorized, except in any low
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.--Subsection (a) applies to deeds with the
following county auditors' numbers:
(1) Auditor's Microfilm Numbers 229 and 16226 of Morrow County,
Oregon, executed by the United States.
(2) The portion of the land conveyed in a deed executed by the
United States and bearing Benton County, Washington, Auditor's File
Number 601766, described as a tract of land lying in sec. 7, T. 5
N., R. 28 E., Willamette meridian, Benton County, Washington, being
more particularly described by the following boundaries:
(A) 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).
(B) Thence west along the centerline of Third Avenue, a
distance of 565 feet.
(C) Thence south 54+ 10, west, to a point on the west line
of Tract 18 of that Addition and the true point of beginning.
(D) Thence north, parallel with the west line of that sec.
7, to a point on the north line of that sec. 7.
(E) Thence west along the north line thereof to the
northwest corner of that sec. 7.
(F) Thence south along the west line of that sec. 7 to a
point on the ordinary high water line of the Columbia River.
(G) Thence northeast along that high water line to a point
on the north and south coordinate line of the Oregon Coordinate
System, North Zone, that coordinate line being east 2,291,000
feet.
(H) Thence north along that line to a point on the south
line of First Avenue of that Addition.
(I) Thence west along First Avenue to a point on the
southerly extension of the west line of T. 18.
(J) Thence north along that west line of T. 18 to the point
of beginning.
SEC. 333. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND.
Section 352 of the Water Resources Development Act of 1999 (113
Stat. 310) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Credit Toward Non-Federal Share.--The Secretary shall credit
toward the non-Federal share of the cost of the project, or reimburse
the non-Federal interest, for the Federal share of the costs of repairs
authorized under subsection (a) that are incurred by the non-Federal
interest before the date of execution of the project cooperation
agreement.''.
SEC. 334. 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--
(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;
if the Secretary determines that it is technically sound,
environmentally acceptable, and economically justified.
SEC. 335. 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. 336. 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 Appropriation 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 criterion 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. 337. BUCHANAN, DICKENSON, AND RUSSELL COUNTIES, VIRGINIA.
(a) In General.--Subject to subsection (b), 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 (33 U.S.C. 2324), 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.
(b) Limitation.--The Secretary may only make the reallocation under
subsection (a) to the extent the Secretary determines that such
reallocation will not have an adverse impact on other project purposes
of the John Flannagan Reservoir.
SEC. 338. 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. 339. 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), is modified to authorize the Secretary to
maintain, for Longview, Kelso, Lexington, and Castle Rock on the
Cowlitz River, Washington, the flood protection levels specified in the
October 1985 report of the Chief of Engineers entitled ``Mount St.
Helens, Washington, Decision Document (Toutle, Cowlitz, and Columbia
Rivers)'', published as House Document No. 135, 99th Congress.
SEC. 340. 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. 341. FOX RIVER SYSTEM, WISCONSIN.
Section 332(a) of the Water Resources Development Act of 1992 (106
Stat. 4852) is amended--
(1) by striking ``The Secretary'' and inserting the following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Payments to state.--The terms and conditions of the
transfer may include 1 or more payments to the State of Wisconsin
to assist the State in paying the costs of repair and
rehabilitation of the transferred locks and appurtenant
features.''.
SEC. 342. CHESAPEAKE BAY OYSTER RESTORATION.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended--
(1) in the second sentence by striking ``$7,000,000'' and
inserting ``$20,000,000'';
(2) by striking paragraph (4) and inserting the following:
``(4) the construction of reefs and related clean shell
substrate for fish habitat, including manmade 3-dimensional oyster
reefs, in the Chesapeake Bay and its tributaries in Maryland and
Virginia if the reefs are preserved as permanent sanctuaries by the
non-Federal interests, consistent with the recommendations of the
scientific consensus document on Chesapeake Bay oyster restoration
dated June 1999.''; and
(3) by inserting after ``25 percent.'' the following: ``In
carrying out paragraph (4), the Chief of Engineers may solicit
participation by and the services of commercial watermen in the
construction of the reefs.''.
SEC. 343. 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. 344. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 104 Stat. 4644; 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 2006.''.
SEC. 345. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND SOUND.
(a) In General.--Not later than December 31, 2002, the Secretary
shall carry out a demonstration program for the use of innovative
sediment treatment technologies for the treatment of dredged material
from Long Island Sound.
(b) Project Considerations.--In carrying out subsection (a), the
Secretary shall, to the maximum extent practicable--
(1) encourage partnerships between the public and private
sectors;
(2) build on treatment technologies that have been used
successfully in demonstration or full-scale projects (including
projects carried out in the States of New York, New Jersey, and
Illinois), such as technologies described in--
(A) section 405 of the Water Resources Development Act of
1992 (33 U.S.C. 2239 note; 106 Stat. 4863); and
(B) section 503 of the Water Resources Development Act of
1999 (33 U.S.C. 2314 note; 113 Stat. 337);
(3) ensure that dredged material from Long Island Sound that is
treated under the demonstration project is disposed of by
beneficial reuse, by open water disposal, or at a licensed waste
facility, as appropriate; and
(4) ensure that the demonstration project is consistent with
the findings and requirements of any draft environmental impact
statement on the designation of 1 or more dredged material disposal
sites in Long Island Sound that is scheduled for completion in
2001.
(c) Non-Federal Share.--The non-Federal share of the cost of each
project carried out under the demonstration program authorized by this
section shall be 35 percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 346. 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 portion 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) is all that tract or parcel of land, situated in the
town of Hamburg and the city of Lackawanna, Erie County, 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+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+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+00,07,, East a distance of 164.30 feet;
(2) South 18+40,45,, East a distance of 355.00 feet;
(3) South 71+23,35,, West a distance of 2.00 feet;
(4) South 18+40,45,, East a distance of 223.00 feet;
(5) South 22+29,36,, East a distance of 150.35 feet;
(6) South 18+40,45,, East a distance of 512.00 feet;
(7) South 16+49,53,, East a distance of 260.12 feet;
(8) South 18+34,20,, East a distance of 793.00 feet;
(9) South 71+23,35,, West a distance of 4.00 feet;
(10) South 18+13,24,, East a distance of 132.00 feet;
(11) North 71+23,35,, East a distance of 4.67 feet;
(12) South 18+30,00,, East a distance of 38.00 feet;
(13) South 71+23,35,, West a distance of 4.86 feet;
(14) South 18+13,24,, East a distance of 160.00 feet;
(15) South 71+23,35,, East a distance of 9.80 feet;
(16) South 18+36,25,, East a distance of 159.00 feet;
(17) South 71+23,35,, West a distance of 3.89 feet;
(18) South 18+34,20,, East a distance of 180.00 feet;
(19) South 20+56,05,, East a distance of 138.11 feet;
(20) South 22+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+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+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+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+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+24,25,, West a distance of 1.00 feet;
(2) South 7+01,17,, West a distance of 170.15 feet;
(3) South 5+02,54,, West a distance of 180.00 feet;
(4) North 85+24,25,, West a distance of 3.00 feet;
(5) South 5+02,54,, West a distance of 260.00 feet;
(6) South 5+09,11,, West a distance of 110.00 feet;
(7) South 0+34,35,, West a distance of 110.27 feet;
(8) South 4+50,37,, West a distance of 220.00 feet;
(9) South 4+50,37,, West a distance of 365.00 feet;
(10) South 85+24,25,, East a distance of 5.00 feet;
(11) South 4+06,20,, West a distance of 67.00 feet;
(12) South 6+04,35,, West a distance of 248.08 feet;
(13) South 3+18,27,, West a distance of 52.01 feet;
(14) South 4+55,58,, West a distance of 133.00 feet;
(15) North 85+24,25,, West a distance of 1.00 feet;
(16) South 4+55,58,, West a distance of 45.00 feet;
(17) North 85+24,25,, West a distance of 7.00 feet;
(18) South 4+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+55,58,, West a distance of 127.00 feet;
(2) South 2+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+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+34,35,, West a distance of 12.55 feet;
(2) South 4+35,35,, West a distance of 118.50 feet;
(3) South 3+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+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+16,48,, West, a distance of 215.38 feet;
(3) South 30+42,49,, West a distance of 76.96 feet;
(4) South 22+06,03,, West a distance of 689.43 feet;
(5) South 36+09,23,, West a distance of 30.93 feet to the
northerly line of the lands of Buffalo Crushed Stone, Inc.
Thence North 87+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+29,53,, West a distance of 267.84 feet;
(2) North 24+25,00,, West a distance of 195.01 feet;
(3) North 26+45,00,, West a distance of 250.00 feet;
(4) North 31+15,00,, West a distance of 205.00 feet;
(5) North 21+35,00,, West a distance of 110.00 feet;
(6) North 44+00,53,, West a distance of 26.38 feet;
(7) North 33+49,18,, West a distance of 74.86 feet;
(8) North 34+26,26,, West a distance of 12.00 feet;
(9) North 31+06,16,, West a distance of 72.06 feet;
(10) North 22+35,00,, West a distance of 150.00 feet;
(11) North 16+35,00,, West a distance of 420.00 feet;
(12) North 21+10,00,, West a distance of 440.00 feet;
(13) North 17+55,00,, West a distance of 340.00 feet;
(14) North 28+05,00,, West a distance of 375.00 feet;
(15) North 16+25,00,, West a distance of 585.00 feet;
(16) North 22+10,00,, West a distance of 160.00 feet;
(17) North 2+46,36,, West a distance of 65.54 feet;
(18) North 16+01,08,, West a distance of 70.04 feet;
(19) North 49+07,00,, West a distance of 79.00 feet;
(20) North 19+16,00,, West a distance of 425.00 feet;
(21) North 16+37,00,, West a distance of 285.00 feet;
(22) North 25+20,00,, West a distance of 360.00 feet;
(23) North 33+00,00,, West a distance of 230.00 feet;
(24) North 32+40,00,, West a distance of 310.00 feet;
(25) North 27+10,00,, West a distance of 130.00 feet;
(26) North 23+20,00,, West a distance of 315.00 feet;
(27) North 18+20,04,, West a distance of 302.92 feet;
(28) North 20+15,48,, West a distance of 387.18 feet;
(29) North 14+20,00,, West a distance of 530.00 feet;
(30) North 16+40,00,, West a distance of 260.00 feet;
(31) North 28+35,00,, West a distance of 195.00 feet;
(32) North 18+30,00,, West a distance of 170.00 feet;
(33) North 26+30,00,, West a distance of 340.00 feet;
(34) North 32+07,52,, West a distance of 232.38 feet;
(35) North 30+04,26,, West a distance of 17.96 feet;
(36) North 23+19,13,, West a distance of 111.23 feet;
(37) North 7+07,58,, West a distance of 63.90 feet;
(38) North 8+11,02,, West a distance of 378.90 feet;
(39) North 15+01,02,, West a distance of 190.64 feet;
(40) North 2+55,00,, West a distance of 170.00 feet;
(41) North 6+45,00,, West a distance of 240.00 feet;
(42) North 0+10,00,, East a distance of 465.00 feet;
(43) North 2+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+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+14,01,, East a distance of 119.30 feet;
(2) North 46+15,13,, East a distance of 47.83 feet;
(3) North 59+53,02,, East a distance of 53.32 feet;
(4) North 38+20,43,, East a distance of 27.31 feet;
(5) North 68+12,46,, East a distance of 48.67 feet;
(6) North 26+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+23,35,, East a distance of 1755.19 feet; thence South 35+27,25,,
East a distance of 35.83 feet to a point on the U.S. Harbor Line;
thence, North 54+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+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+44,53,, East a distance of 623.56 feet;
(2) South 34+33,00,, East a distance of 200.00 feet;
(3) South 26+18,55,, East a distance of 500.00 feet;
(4) South 19+06,40,, East a distance of 1074.29 feet;
(5) South 28+03,18,, East a distance of 242.44 feet;
(6) South 18+38,50,, East a distance of 1010.95 feet;
(7) North 71+20,51,, East a distance of 90.42 feet;
(8) South 18+49,20,, East a distance of 158.61 feet;
(9) South 80+55,10,, East a distance of 45.14 feet;
(10) South 18+04,45,, East a distance of 52.13 feet;
(11) North 71+07,23,, East a distance of 102.59 feet;
(12) South 18+41,40,, East a distance of 63.00 feet;
(13) South 71+07,23,, West a distance of 240.62 feet;
(14) South 18+38,50,, East a distance of 668.13 feet;
(15) North 71+28,46,, East a distance of 958.68 feet;
(16) North 18+42,31,, West a distance of 1001.28 feet;
(17) South 71+17,29,, West a distance of 168.48 feet;
(18) North 18+42,31,, West a distance of 642.00 feet;
(19) North 71+17,37,, East a distance of 17.30 feet;
(20) North 18+42,31,, West a distance of 574.67 feet;
(21) North 71+17,29,, East a distance of 151.18 feet;
(22) North 18+42,31,, West a distance of 1156.43 feet;
(23) North 71+29,21,, East a distance of 569.24 feet;
(24) North 18+30,39,, West a distance of 314.71 feet;
(25) North 70+59,36,, East a distance of 386.47 feet;
(26) North 18+30,39,, West a distance of 70.00 feet;
(27) North 70+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) that are filled portions of Lake
Erie. Any work on these filled portions shall be subject to all
applicable Federal statutes and regulations, including sections 9 and
10 of the Act of March 3, 1899 (33 U.S.C. 401 and 403), section 404 of
the Federal Water Pollution Control Act (33 U.S.C. 1344), and the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Expiration Date.--If, 20 years from the date of enactment of
this Act, any area or part thereof described in subsection (a) is not
occupied by permanent structures in accordance with the requirements
set out in subsection (c), 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. 347. 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
the 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).
(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) Kennebunk river, kennebunk and kennebunkport, maine.--The
following portion of the project for navigation, Kennebunk River,
Maine, authorized by section 101 of the River and Harbor Act of
1962 (76 Stat. 1173): The portion of the northernmost 6-foot deep
anchorage the boundaries of which begin at a point with coordinates
N1904693.6500, E418084.2700, thence running south 01 degree 04
minutes 50.3 seconds 35 feet to a point with coordinates
N190434.6562, E418084.9301, thence running south 15 degrees 53
minutes 45.5 seconds 416.962 feet to a point with coordinates
N190033.6386, E418199.1325, thence running north 03 degrees 11
minutes 30.4 seconds 70 feet to a point with coordinates
N190103.5300, E418203.0300, thence running north 17 degrees 58
minutes 18.3 seconds west 384.900 feet to the point of origin.
(6) Rockport harbor, 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 75.121 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.
(7) 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.
(8) 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.
(9) 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. 1030), 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.
(10) 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).
(11) Wallabout channel, brooklyn, new york.--
(A) In general.--The northeastern portion of the project
for navigation, Wallabout Channel, Brooklyn, New York,
authorized by the Rivers and Harbors Appropriations Act of
March 3, 1899 (30 Stat. 1124), beginning at a point
N682,307.40, E638,918.10, thence running along the courses and
distances described in subparagraph (B).
(B) Courses and distances.--The courses and distances
referred to in subparagraph (A) are the following:
(i) South 85 degrees, 44 minutes, 13 seconds East 87.94
feet (coordinate: N682,300.86, E639,005.80).
(ii) North 74 degrees, 41 minutes, 30 seconds East
271.54 feet (coordinate: N682,372.55, E639,267.71).
(iii) South 4 degrees, 46 minutes, 02 seconds West
170.95 feet (coordinate: N682,202.20, E639,253.50).
(iv) South 4 degrees, 46 minutes, 02 seconds West
239.97 feet (coordinate: N681,963.06, E639,233.56).
(v) North 50 degrees, 48 minutes, 26 seconds West
305.48 feet (coordinate: N682,156.10, E638,996.80).
(vi) North 3 degrees, 33 minutes, 25 seconds East
145.04 feet (coordinate: N682,300.86, E639,005.80).
(12) New york and new jersey channels, new york and new
jersey.--The portion of the project for navigation, New York and
New Jersey Channels, New York and New Jersey, authorized by the
first section of the Act of August 30, 1935 (49 Stat. 1030, chapter
831), and modified by section 101 of the River and Harbor Act of
1950 (64 Stat. 164), consisting of a 35-foot-deep channel beginning
at a point along the western limit of the authorized project,
N644100.411, E2129256.91, thence running southeast about 38.25 feet
to a point N644068.885, E2129278.565, thence running south about
1163.86 feet to a point N642912.127, E2129150.209, thence running
southwest about 56.9 feet to a point N642864.09, E2129119.725,
thence running north along the western limit of the project to the
point of origin.
(13) Warwick cove, rhode island.--The portion of the project
for navigation, Warwick Cove, Rhode Island, carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
that is located within the 5-acre, 6-foot anchorage area west of
the channel: beginning at a point with coordinates N221,150.027,
E528,960.028, thence running southerly about 257.39 feet to a point
with coordinates N220,892.638, E528,960.028, thence running
northwesterly about 346.41 feet to a point with coordinates
N221,025.270, E528,885.780, thence running northeasterly about
145.18 feet to the point of origin.
(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. 348. 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 firefighting and
related emergency services purposes.
(2) Land description.--The parcel of land referred to in
paragraph (1) is located 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 firefighting and related emergency services, all right,
title, and interest in and to the parcel shall revert to the United
States, at the option of the United States.
(b) 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+ 05, 40,, West--436.31 feet to a point, thence
(B) South 89+ 59, 30,, West--550 feet to a point, thence
(C) South 53+ 48, 00,, West--361.08 feet to a point, thence
(D) South 89+ 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+ 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+ 18, 21,, East--258.85 feet to a point, thence
(G) North 02+ 49, 16,, West--214.18 feet to a point, thence
(H) South 87+ 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+ 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+ 09, 00,, East--373.96 feet to a point, thence
(K) North 88+ 42, 48,, East--374.92 feet to a point, thence
(L) North 56+ 53, 40,, East--53.16 feet to a point, thence
(M) North 86+ 00, 15,, East--26.17 feet to a point, thence
(N) South 87+ 24, 50,, East--464.01 feet to a point, thence
(O) North 83+ 34, 31,, East--212.62 feet to a point, thence
(P) South 30+ 16, 12,, East--108.97 feet to a point, thence
(Q) South 38+ 30, 23,, East--287.46 feet to a point, thence
(R) South 09+ 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+ 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+ 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
aforesaid Dalecarlia Reservoir Grounds as now described:
(i) North 35+ 05, 40,, West--495.13 feet to a point,
thence
(ii) North 87+ 24, 50,, West--414.43 feet to a point,
thence
(iii) South 81+ 08, 00,, West--69.56 feet to a point,
thence
(iv) South 88+ 42, 48,, West--367.50 feet to a point,
thence
(v) South 87+ 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+ 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+ 09, 00,, East--373.96 feet to a point,
thence
(viii) North 88+ 42, 48,, East--374.92 feet to a point,
thence
(ix) North 56+ 53, 40,, East--53.16 feet to a point,
thence
(x) North 86+ 00, 15,, East--26.17 feet to a point,
thence
(xi) South 87+ 24, 50,, East--464.01 feet to a point,
thence
(xii) North 83+ 34, 31,, East--50.62 feet to a point,
thence
(xiii) South 02+ 35, 10,, West--46.46 feet to a point,
thence
(xiv) South 13+ 38, 12,, East--107.83 feet to a point,
thence
(xv) South 35+ 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+ 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) Joliet, Illinois.--
(1) In general.--Subject to the provisions of this subsection,
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 related
purposes, all right, title, and interest in and to the property
shall revert to the United States, at the option of the United
States.
(d) 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
described 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 for the purposes for which the
YMCA was established, all right, title, and interest in and to
such easement shall revert to the United States, at the option
of the United States.
(e) 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, title, and interests 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 that 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.
(f) Ontonagon, Michigan.--
(1) In general.--The Secretary may convey to the Ontonagon
County Historical Society, at Federal expense--
(A) the lighthouse at Ontonagon, Michigan; and
(B) the land underlying and adjacent to the lighthouse
(including any improvements on the land) that is under the
jurisdiction of the Secretary.
(2) Map.--The Secretary shall--
(A) determine the extent of the land conveyance under this
subsection;
(B) determine the exact acreage and legal description of
the land to be conveyed under this subsection; and
(C) prepare a map that clearly identifies any land to be
conveyed.
(3) Environmental response.--To the extent required under any
applicable law, the Secretary shall be responsible for any
necessary environmental response required as a result of the prior
Federal use or ownership of the land and improvements conveyed
under this subsection.
(4) Responsibilities after conveyance.--After the conveyance of
land under this subsection, the Ontonagon County Historical Society
shall be responsible for any additional operation, maintenance,
repair, rehabilitation, or replacement costs associated with the
lighthouse or the conveyed land and improvements.
(5) Applicability of environmental law.--Nothing in this
section affects the potential liability of any person under any
applicable environmental law.
(6) Reversion.--If the Secretary determines that the property
conveyed under paragraph (1) ceases to be owned by the Ontonagon
County Historical Society or to be used for public purposes, all
right, title, and interest in and to such property shall revert to
the United States, at the option of the United States.
(g) Pike County, Missouri.--
(1) In general.--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 all right, title, and interest
of the United States in and to 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, located in Pike County, Missouri, adjacent to land
being acquired from Holnam, Inc. by the Corps of Engineers.
(B) Federal land.--8.99 acres located in Pike County,
Missouri, known as ``Government Tract Numbers FM-46 and FM-
47'', administered by the Corps of Engineers.
(3) Conditions.--The land exchange under paragraph (1) shall be
subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of the parcel of
land described in paragraph (2)(A) to the Secretary shall
be by a warranty deed acceptable to the Secretary.
(ii) Federal land.--The instrument of conveyance used
to convey the parcel of 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.--
(i) In general.--S.S.S., Inc. may remove, and the
Secretary may require S.S.S., Inc. to remove, any
improvements on the parcel of land described in paragraph
(2)(A).
(ii) No liability.--If S.S.S., Inc., voluntarily or
under direction from the Secretary, removes an improvement
on the parcel of land described in paragraph (2)(A)--
(I) S.S.S., Inc., shall have no claim against the
United States for liability; and
(II) the United States shall not incur or be liable
for any cost associated with the removal or relocation
of the improvement.
(C) Time limit for land exchange.--Not later than 2 years
after the date of enactment of this Act, the land exchange
under paragraph (1) shall be completed.
(D) Legal description.--The Secretary shall provide legal
descriptions of the parcels of land described in paragraph (2),
which shall be used in the instruments of conveyance of the
parcels.
(4) Value of properties.--If the appraised fair market value,
as determined by the Secretary, of the parcel of 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
parcel of land conveyed to the United States by S.S.S., Inc., under
paragraph (1), S.S.S., Inc., shall pay to the United States, in
cash or a cash equivalent, an amount equal to the difference
between the 2 values.
(h) 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 the property shall revert to the United States,
at the option of the United States.
(i) 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''.
(j) 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 United States, at the
option of the United States.
(k) Richard B. Russell Dam and Lake, South Carolina.--Section
563(i) of the Water Resources Development Act of 1999 (113 Stat. 360-
361) is amended to read as follows:
``(i) Richard B. Russell Dam and Lake, South Carolina.--
``(1) In general.--The Secretary shall convey to the State of
South Carolina all right, title, and interest of the United States
in and to the parcels of land described in paragraph (2)(A) that
are being managed, as of August 17, 1999, by the South Carolina
Department of Natural Resources for fish and wildlife mitigation
purposes for the Richard B. Russell Dam and Lake, South Carolina,
project authorized by section 203 of the Flood Control Act of 1966
(80 Stat. 1420).
``(2) Land description.--
``(A) In general.--The parcels of land to be conveyed are
described in Exhibits A, F, and H of Army Lease No. DACW21-1-
93-0910 and associated supplemental agreements.
``(B) Survey.--The exact acreage and legal description of
the land shall be determined by a survey satisfactory to the
Secretary, with the cost of the survey borne by the State.
``(3) Costs of conveyance.--The State shall be responsible for
all costs, including real estate transaction and environmental
compliance costs, associated with the conveyance.
``(4) Perpetual status.--
``(A) In general.--All land conveyed under this subsection
shall be retained in public ownership and shall be managed in
perpetuity for fish and wildlife mitigation purposes in
accordance with a plan approved by the Secretary.
``(B) Reversion.--If any parcel of land is not managed for
fish and wildlife mitigation purposes in accordance with the
plan, title to the parcel shall revert to the United States, at
the option of the United States.
``(5) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection with the
conveyance under this subsection as the Secretary considers
appropriate to protect the interests of the United States.
``(6) Fish and wildlife mitigation agreement.--
``(A) In general.--The Secretary shall pay the State of
South Carolina $4,850,000, subject to the Secretary and the
State entering into a contract for the State to manage for fish
and wildlife mitigation purposes in perpetuity the parcels of
land conveyed under this subsection.
``(B) Failure of performance.--The agreement shall specify
the terms and conditions under which payment will be made and
the rights of, and remedies available to, the Federal
Government to recover all or a portion of the payment if the
State fails to manage any parcel in a manner satisfactory to
the Secretary.''.
(l) Savannah River, South Carolina.--
(1) Definition of new savannah bluff lock and dam.--In this
subsection, the term ``New Savannah Bluff Lock and Dam'' means--
(A) the lock and dam at New Savannah Bluff, Savannah River,
Georgia and South Carolina; and
(B) the appurtenant features to the lock and dam,
including--
(i) the adjacent approximately 50-acre park and
recreation area with improvements made under the project
for navigation, Savannah River below Augusta, Georgia,
authorized by the first section of the Act of July 3, 1930
(46 Stat. 924) and the first section of the Act of August
30, 1935 (49 Stat. 1032); and
(ii) other land that is part of the project and that
the Secretary determines to be appropriate for conveyance
under this subsection.
(2) Repair and conveyance.--After execution of an agreement
between the Secretary and the city of North Augusta and Aiken
County, South Carolina, the Secretary--
(A) shall repair and rehabilitate the New Savannah Bluff
Lock and Dam, at Federal expense of an estimated $5,300,000;
and
(B) after repair and rehabilitation, may convey the New
Savannah Bluff Lock and Dam, without consideration, to the city
of North Augusta and Aiken County, South Carolina.
(3) Treatment of new savannah bluff lock and dam.--The New
Savannah Bluff Lock and Dam shall not be considered to be part of
any Federal project after the conveyance under paragraph (2).
(4) Operation and maintenance.--
(A) Before conveyance.--Before the conveyance under
paragraph (2), the Secretary shall continue to operate and
maintain the New Savannah Bluff Lock and Dam.
(B) After conveyance.--After the conveyance under paragraph
(2), operation and maintenance of all features of the project
for navigation, Savannah River below Augusta, Georgia,
described in paragraph (1)(B)(i), other than the New Savannah
Bluff Lock and Dam, shall continue to be a Federal
responsibility.
(m) 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
property 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''.
(n) 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. 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. 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''.
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 navigation, Port Orford,
Oregon, authorized by section 301 of the River and Harbor Act of
1965 (79 Stat. 1092).
SEC. 402. 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 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. 403. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT
STUDY.
(a) In General.--In conjunction with the Secretary of Agriculture
and the Secretary of the Interior, the Secretary shall conduct a study
to--
(1) identify and evaluate significant sources of sediment and
nutrients in the upper Mississippi River basin;
(2) quantify the processes affecting mobilization, transport,
and fate of those sediments and nutrients on land and in water; and
(3) quantify the transport of those sediments and nutrients to
the upper Mississippi River and the tributaries of the upper
Mississippi River.
(b) Study Components.--
(1) Computer modeling.--In carrying out the study under this
section, the Secretary shall develop computer models of the upper
Mississippi River basin, at the subwatershed and basin scales, to--
(A) identify and quantify sources of sediment and
nutrients; and
(B) examine the effectiveness of alternative management
measures.
(2) Research.--In carrying out the study under this section,
the Secretary shall conduct research to improve the understanding
of--
(A) fate processes and processes affecting sediment and
nutrient transport, with emphasis on nitrogen and phosphorus
cycling and dynamics;
(B) the influences on sediment and nutrient losses of soil
type, slope, climate, vegetation cover, and modifications to
the stream drainage network; and
(C) river hydrodynamics, in relation to sediment and
nutrient transformations, retention, and transport.
(c) Use of Information.--On request of a Federal agency, the
Secretary may provide information for use in applying sediment and
nutrient reduction programs associated with land-use improvements and
land management practices.
(d) Reports.--
(1) Preliminary report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall transmit to Congress
a preliminary report that outlines work being conducted on the
study components described in subsection (b).
(2) Final report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit to Congress a
report describing the results of the study under this section,
including any findings and recommendations of the study.
(e) Funding.--
(1) Authorization of appropriations.--There is authorized to be
appropriated to carry out this section $4,000,000 for each of
fiscal years 2001 through 2005.
(2) Federal share.--The Federal share of the cost of carrying
out this section shall be 50 percent.
SEC. 404. 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. 405. OHIO RIVER SYSTEM.
The Secretary may conduct a study of commodity flows on the Ohio
River system. 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. 406. BALDWIN COUNTY, ALABAMA.
The Secretary shall conduct a study to determine the feasibility of
carrying out beach erosion control, storm damage reduction, and other
measures along the shores of Baldwin County, Alabama.
SEC. 407. BRIDGEPORT, ALABAMA.
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.
SEC. 408. 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.
SEC. 409. CACHE CREEK BASIN, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying 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), to authorize construction of
features to mitigate impacts of the project on the storm drainage
system of the city of Woodland, California, that have been caused by
construction of a new south levee of the Cache Creek Settling Basin.
(b) Required Elements.--The study shall include consideration of--
(1) an outlet works through the Yolo Bypass capable of
receiving up to 1,600 cubic feet per second of storm drainage from
the city of Woodland and Yolo County;
(2) a low-flow cross-channel across the Yolo Bypass, including
all appurtenant features, that is sufficient to route storm flows
of 1,600 cubic feet per second between the old and new south levees
of the Cache Creek Settling Basin, across the Yolo Bypass, and into
the Tule Canal; and
(3) such other features as the Secretary determines to be
appropriate.
SEC. 410. 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. 411. 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. 412. 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. 413. 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. 414. OCEANSIDE, CALIFORNIA.
Not later than 32 months after the date of enactment of this Act,
the Secretary shall conduct a study, at Federal expense, of plans--
(1) to mitigate for the erosion and other impacts resulting
from the construction of Camp Pendleton Harbor, Oceanside,
California, as a wartime measure; and
(2) to restore beach conditions along the affected public and
private shores to the conditions that existed before the
construction of Camp Pendleton Harbor.
SEC. 415. SAN JACINTO WATERSHED, CALIFORNIA.
(a) In General.--The Secretary shall conduct a watershed study for
the San Jacinto watershed, California.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000.
SEC. 416. 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. 417. 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 may 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.
SEC. 418. BREVARD COUNTY, FLORIDA.
The Secretary shall prepare a general reevaluation report on 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), to determine, if the project were modified to direct
the Secretary to 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, whether the project as modified
would be technically sound, environmentally acceptable, and
economically justified.
SEC. 419. CHOCTAWHATCHEE RIVER, FLORIDA.
The Secretary shall conduct a study to determine the Federal
interest in dredging the mouth of the Choctawhatchee River, Florida, to
remove the sand plug.
SEC. 420. EGMONT KEY, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
stabilizing the historic fortifications and beach areas of Egmont Key,
Florida, that are threatened by erosion.
SEC. 421. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER
BASINS, FLORIDA.
(a) In General.--The Secretary shall conduct a restudy of flooding
and water quality issues in--
(1) the upper Ocklawaha River basin, south of the Silver River;
and
(2) the Apopka River and Palatlakaha River basins.
(b) Required Elements.--In carrying out subsection (a), the
Secretary shall review the report of the Chief of Engineers on the Four
River Basins, Florida, project, published as House Document No. 585,
87th Congress, and other pertinent reports to determine the feasibility
of measures relating to comprehensive watershed planning for water
conservation, flood control, environmental restoration and protection,
and other issues relating to water resources in the river basins
described in subsection (a).
SEC. 422. 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. 423. BOISE RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Boise
River, Idaho.
SEC. 424. WOOD RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Wood River
in Blaine County, Idaho.
SEC. 425. 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) Sites.--Under subsection (a), the Secretary shall study--
(1) the USX/Southworks site;
(2) Calumet Lake and River;
(3) the Canal Origins Heritage Corridor; and
(4) Ping Tom Park.
(c) Use of Information; Consultation.--In carrying out this
section, the Secretary shall use available information from, and
consult with, appropriate Federal, State, and local agencies.
SEC. 426. CHICAGO SANITARY AND SHIP CANAL SYSTEM, CHICAGO,
ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
reducing the use of the waters of Lake Michigan to support navigation
in the Chicago sanitary and ship canal system, Chicago, Illinois.
SEC. 427. LONG LAKE, INDIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, Long Lake, Indiana.
SEC. 428. BRUSH AND ROCK CREEKS, MISSION HILLS AND FAIRWAY, KANSAS.
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.
SEC. 429. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK,
LOUISIANA.
The Secretary shall investigate the problems associated with the
mixture of freshwater, saltwater, and fine river silt in the channel of
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), and recommend a solution to the problems.
SEC. 430. BOEUF AND BLACK, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
deepening the navigation channel of the Atchafalaya River and Bayous
Chene, Boeuf and Black, Louisiana, from 20 feet to 35 feet.
SEC. 431. IBERIA PORT, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Iberia Port, Louisiana.
SEC. 432. 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 include 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. 433. 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. 434. 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. 435. SOUTH LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for hurricane protection in the coastal area of
the State of Louisiana between Morgan City and the Pearl River.
SEC. 436. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND NEW
HAMPSHIRE.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Portsmouth Harbor and Piscataqua
River, Maine and New Hampshire, authorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1173) and modified by section 202(a)
of the Water Resources Development Act of 1986 (100 Stat. 4095), to
increase the authorized width of turning basins in the Piscataqua River
to 1,000 feet.
SEC. 437. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW HAMPSHIRE.
(a) In General.--The Secretary shall conduct a comprehensive study
of the water resources needs of the Merrimack River basin,
Massachusetts and New Hampshire, in the manner described in section 729
of the Water Resources Development Act of 1986 (100 Stat. 4164).
(b) Consideration of Other Studies.--In carrying out this section,
the Secretary may take into consideration any studies conducted by the
University of New Hampshire on environmental restoration of the
Merrimack River System.
SEC. 438. 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). In
carrying out the reevaluation, the Secretary shall include river
dredging as a component of the study.
SEC. 439. PORT OF GULFPORT, MISSISSIPPI.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Gulfport Harbor, Mississippi,
authorized by section 202(a) of the Water Resources Development Act of
1986 (100 Stat. 4094) and modified by section 4(n) of the Water
Resources Development Act of 1988 (102 Stat. 4017).
SEC. 440. 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. 441. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.
In conjunction with the State of New Hampshire, the Secretary shall
conduct a study to identify and evaluate potential upland disposal
sites for dredged material originating from harbor areas located within
the State.
SEC. 442. 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. 443. 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. 444. 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. 445. BOGUE BANKS, CARTERET COUNTY, NORTH CAROLINA.
The Secretary shall expedite completion of a study under section
145 of the Water Resources Development Act of 1976 (33 U.S.C. 426j) on
the expedited renourishment, through sharing of the costs of deposition
of sand and other material used for beach renourishment, of the beaches
of Bogue Banks in Carteret County, North Carolina, including Atlantic
Beach, Pine Knoll Shores Beach, Salter Path Beach, Indian Beach, and
Emerald Isle Beach.
SEC. 446. DUCK CREEK WATERSHED, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out flood control, environmental restoration, and aquatic
ecosystem restoration measures in the Duck Creek watershed, Ohio.
SEC. 447. FREMONT, OHIO.
In consultation with appropriate Federal, State, and local
agencies, the Secretary shall conduct a study to determine the
feasibility of carrying out projects for water supply and environmental
restoration at the Ballville Dam on the Sandusky River at Fremont,
Ohio.
SEC. 448. STEUBENVILLE, 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. 449. GRAND LAKE, OKLAHOMA.
(a) Evaluation.--The Secretary shall--
(1) evaluate the backwater effects specifically due to flood
control operations on land around Grand Lake, Oklahoma; and
(2) transmit, not later than 180 days after the date of
enactment of this Act, to Congress a report on whether Federal
actions have been a significant cause of the backwater effects.
(b) Feasibility Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of--
(A) addressing the backwater effects of the operation of
the Pensacola Dam, Grand/Neosho River basin, Oklahoma; and
(B) purchasing easements for any land that has been
adversely affected by backwater flooding in the Grand/Neosho
River basin.
(2) Cost sharing.--If the Secretary determines under subsection
(a)(2) that Federal actions have been a significant cause of the
backwater effects, the Federal share of the costs of the
feasibility study under paragraph (1) shall be 100 percent.
SEC. 450. 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 Resources
Development Act of 1986 (33 U.S.C. 2309a) a feasibility study for the
ecosystem restoration project at Columbia Slough, Oregon. If the
Secretary determines that the project is appropriate, the Secretary may
carry out the project on an expedited basis under such section.
SEC. 451. CLIFF WALK IN NEWPORT, RHODE ISLAND.
The Secretary shall conduct a study to determine the project
deficiencies and identify the necessary measures to restore the project
for Cliff Walk in Newport, Rhode Island, to meet its authorized
purpose.
SEC. 452. QUONSET POINT CHANNEL, RHODE ISLAND.
The Secretary shall conduct a study to determine the Federal
interest in dredging the Quonset Point navigation channel in
Narragansett Bay, Rhode Island.
SEC. 453. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND.
In consultation with the Administrator of the Environmental
Protection Agency, the Secretary shall conduct a study to determine the
feasibility of designating a permanent site in the State of Rhode
Island for the disposal of dredged material.
SEC. 454. 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. 455. CHICKAMAUGA LOCK AND DAM, TENNESSEE.
(a) In General.--The Secretary shall use $200,000, from funds
transferred from the Tennessee Valley Authority, to prepare a report of
the Chief of Engineers for a replacement lock at Chickamauga Lock and
Dam, Tennessee.
(b) Funding.--As soon as practicable after the date of enactment of
this Act, the Tennessee Valley Authority shall transfer to the
Secretary the funds necessary to carry out subsection (a).
SEC. 456. 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) Justification Analysis.--The Secretary shall include
environmental and water quality benefits in the justification analysis
for the project.
(c) Credit.--The Secretary--
(1) shall credit toward the non-Federal share of the cost 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, on, or after
the date of execution of the feasibility study cost-sharing
agreement; and
(2) shall consider, for the purposes of paragraph (1), 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 of the House of
Representatives, dated March 7, 1996.
(d) Limitation.--The Secretary may not reject the project under the
feasibility study based solely on a minimum amount of stream runoff.
SEC. 457. 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.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. LAKES PROGRAM.
Section 602 of the Water Resources Development Act of 1986 (100
Stat. 4148-4149), as amended in section 210(b) of this Act, 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 $3,000,000. Such sums
shall remain available until expended.''.
SEC. 502. RESTORATION PROJECTS.
(a) In General.--Section 539 of the Water Resources Development Act
of 1996 (110 Stat. 3776-3777) is amended--
(1) in the section heading by striking ``maryland,
pennsylvania, and west virginia'';
(2) by striking ``and'' at the end of subsection (a)(1)(A);
(3) by striking the period at the end of subsection (a)(1)(B)
and inserting a semicolon; and
(4) by adding at the end of subsection (a)(1) the following:
``(C) the Lackawanna River, Pennsylvania;
``(D) the Soda Butte Creek, Silver Creek, and Elkhorn
Mountain drainages, Montana;
``(E) the Pemigewasset River watershed, New Hampshire;
``(F) the Hocking River, Ohio; and
``(G) the Clinch River watershed and Powell River
watershed, Virginia.''.
(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 ``, $5,000,000 for projects undertaken under
subsection (a)(1)(C), $5,000,000 for projects undertaken under
subsection (a)(1)(D), $1,500,000 for projects undertaken under
subsection (a)(1)(E), $2,500,000 for projects undertaken under
subsection (a)(1)(F), and $5,000,000 for projects undertaken under
subsection (a)(1)(G)'' before the period at the end.
SEC. 503. 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 (33 U.S.C. 2313b)
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, Pennsylvania.
SEC. 504. EXPORT OF WATER FROM GREAT LAKES.
(a) Additional Finding.--Section 1109(b) of the Water Resources
Development Act of 1986 (42 U.S.C. 1962d-20(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs (3)
and (4); and
(2) by inserting after paragraph (1) the following:
``(2) to encourage the Great Lakes States, in consultation with
the Provinces of Ontario and Quebec, to develop and implement a
mechanism that provides a common conservation standard embodying
the principles of water conservation and resource improvement for
making decisions concerning the withdrawal and use of water from
the Great Lakes Basin;''.
(b) Approval of Governors for Export of Water.--Section 1109(d) of
the Water Resources Development Act of 1986 (42 U.S.C. 1962d-20(d)) is
amended by--
(1) inserting ``or exported'' after ``diverted''; and
(2) inserting ``or export'' after ``diversion''.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary of State should work with the Canadian Government to
encourage and support the Provinces in the development and
implementation of a mechanism and standard concerning the withdrawal
and use of water from the Great Lakes Basin consistent with those
mechanisms and standards developed by the Great Lakes States.
SEC. 505. 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).
SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.
(a) Findings.--Congress finds that--
(1) the Great Lakes comprise a nationally and internationally
significant fishery and ecosystem;
(2) the Great Lakes fishery and ecosystem should be developed
and enhanced in a coordinated manner; and
(3) the Great Lakes fishery and ecosystem provides a diversity
of opportunities, experiences, and beneficial uses.
(b) Definitions.--In this section, the following definitions apply:
(1) Great lake.--
(A) In general.--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) Inclusions.--The term ``Great Lake'' includes any
connecting channel, historically connected tributary, and basin
of a lake specified in subparagraph (A).
(2) Great lakes commission.--The term ``Great Lakes
Commission'' means the Great Lakes Commission established by the
Great Lakes Basin Compact (82 Stat. 414).
(3) Great lakes fishery commission.--The term ``Great Lakes
Fishery Commission'' has the meaning given the term ``Commission''
in section 2 of the Great Lakes Fishery Act of 1956 (16 U.S.C.
931).
(4) Great lakes state.--The term ``Great Lakes State'' means
each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio,
Pennsylvania, New York, and Wisconsin.
(c) Great Lakes Fishery and Ecosystem Restoration.--
(1) Support plan.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a plan for
activities of the Corps of Engineers that support the
management of Great Lakes fisheries.
(B) Use of existing documents.--To the maximum extent
practicable, the plan shall make use of and incorporate
documents that relate to the Great Lakes and are in existence
on the date of enactment of this Act, such as lakewide
management plans and remedial action plans.
(C) Cooperation.--The Secretary shall develop the plan in
cooperation with--
(i) the signatories to the Joint Strategic Plan for
Management of the Great Lakes Fisheries; and
(ii) other affected interests.
(2) Projects.--The Secretary shall plan, design, and construct
projects to support the restoration of the fishery, ecosystem, and
beneficial uses of the Great Lakes.
(3) Evaluation program.--
(A) In general.--The Secretary shall develop a program to
evaluate the success of the projects carried out under
paragraph (2) in meeting fishery and ecosystem restoration
goals.
(B) Studies.--Evaluations under subparagraph (A) shall be
conducted in consultation with the Great Lakes Fishery
Commission and appropriate Federal, State, and local agencies.
(d) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into a cooperative agreement with the Great Lakes
Commission or any other agency established to facilitate active State
participation in management of the Great Lakes.
(e) Relationship to Other Great Lakes Activities.--No activity
under this section shall affect the date of completion of any other
activity relating to the Great Lakes that is authorized under other
law.
(f) Cost Sharing.--
(1) Development of plan.--The Federal share of the cost of
development of the plan under subsection (c)(1) shall be 65
percent.
(2) Project planning, design, construction, and evaluation.--
The Federal share of the cost of planning, design, construction,
and evaluation of a project under paragraph (2) or (3) of
subsection (c) shall be 65 percent.
(3) Non-federal share.--
(A) Credit for land, easements, and rights-of-way.--The
Secretary shall credit the non-Federal interest for the value
of any land, easement, right-of-way, dredged material disposal
area, or relocation provided for carrying out a project under
subsection (c)(2).
(B) Form.--The non-Federal interest may provide up to 50
percent of the non-Federal share required under paragraphs (1)
and (2) in the form of services, materials, supplies, or other
in-kind contributions.
(4) Operation and maintenance.--The operation, maintenance,
repair, rehabilitation, and replacement of projects carried out
under this section shall be a non-Federal responsibility.
(5) Non-federal interests.--Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any project
carried out under this section, a non-Federal interest may include
a private interest and a nonprofit entity.
(g) Authorization of Appropriations.--
(1) Development of plan.--There is authorized to be
appropriated for development of the plan under subsection (c)(1)
$300,000.
(2) Other activities.--There is authorized to be appropriated
to carry out paragraphs (2) and (3) of subsection (c) $100,000,000.
SEC. 507. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Critical restoration project.--The term ``critical
restoration project'' means a project that will produce, consistent
with Federal programs, projects, and activities, immediate and
substantial ecosystem restoration, preservation, and protection
benefits.
(2) New england.--The term ``New England'' means all
watersheds, estuaries, and related coastal areas in the States of
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and
Vermont.
(b) Assessment.--
(1) In general.--The Secretary, in coordination with
appropriate Federal, State, tribal, regional, and local agencies,
shall perform an assessment of the condition of water resources and
related ecosystems in New England to identify problems and needs
for restoring, preserving, and protecting water resources,
ecosystems, wildlife, and fisheries.
(2) Matters to be addressed.--The assessment shall include--
(A) development of criteria for identifying and
prioritizing the most critical problems and needs; and
(B) a framework for development of watershed or regional
restoration plans.
(3) Use of existing information.--In performing the assessment,
the Secretary shall, to the maximum extent practicable, use--
(A) information that is available on the date of enactment
of this Act; and
(B) ongoing efforts of all participating agencies.
(4) Criteria; framework.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop and make
available for public review and comment--
(i) criteria for identifying and prioritizing critical
problems and needs; and
(ii) a framework for development of watershed or
regional restoration plans.
(B) Use of resources.--In developing the criteria and
framework, the Secretary shall make full use of all available
Federal, State, tribal, regional, and local resources.
(5) Report.--Not later than October 1, 2002, the Secretary
shall transmit to Congress a report on the assessment.
(c) Restoration Plans.--
(1) In general.--After the report is transmitted under
subsection (b)(5), the Secretary, in coordination with appropriate
Federal, State, tribal, regional, and local agencies, shall--
(A) develop a comprehensive plan for restoring, preserving,
and protecting the water resources and ecosystem in each
watershed and region in New England; and
(B) transmit the plan to Congress.
(2) Contents.--Each restoration plan shall include--
(A) a feasibility report; and
(B) a programmatic environmental impact statement covering
the proposed Federal action.
(d) Critical Restoration Projects.--
(1) In general.--After the restoration plans are transmitted
under subsection (c)(1)(B), the Secretary, in coordination with
appropriate Federal, State, tribal, regional, and local agencies,
shall identify critical restoration projects that will produce
independent, immediate, and substantial restoration, preservation,
and protection benefits.
(2) Agreements.--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) and this
section.
(3) Project justification.--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 a project under this subsection, the
Secretary may determine that the project--
(A) is justified by the environmental benefits derived from
the ecosystem; and
(B) shall not need further economic justification if the
Secretary determines that the project is cost effective.
(4) Time limitation.--No critical restoration project may be
initiated under this subsection after September 30, 2005.
(5) Cost limitation.--Not more than $5,000,000 in Federal funds
may be used to carry out a project under this subsection.
(e) Cost Sharing.--
(1) Assessment.--
(A) In general.--The non-Federal share of the cost of the
assessment under subsection (b) shall be 25 percent.
(B) In-kind contributions.--The non-Federal share may be
provided in the form of services, materials, or other in-kind
contributions.
(2) Restoration plans.--
(A) In general.--The non-Federal share of the cost of
developing the restoration plans under subsection (c) shall be
35 percent.
(B) In-kind contributions.--Up to 50 percent of the non-
Federal share may be provided in the form of services,
materials, or other in-kind contributions.
(3) Critical restoration projects.--
(A) In general.--The non-Federal share of the cost of
carrying out a project under subsection (d) shall be 35
percent.
(B) In-kind contributions.--Up to 50 percent of the non-
Federal share may be provided in the form of services,
materials, or other in-kind contributions.
(C) Required non-federal contribution.--For any critical
restoration project, 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.
(D) Credit.--The Secretary shall credit the non-Federal
interest for the value of the land, easements, rights-of-way,
dredged material disposal areas, and relocations provided under
subparagraph (C).
(f) Authorization of Appropriations.--
(1) Assessment and restoration plans.--There is authorized to
be appropriated to carry out subsections (b) and (c) $4,000,000 for
each of fiscal years 2001 through 2005.
(2) Critical restoration projects.--There is authorized to be
appropriated to carry out subsection (d) $55,000,000.
SEC. 508. VISITORS CENTERS.
(a) John Paul Hammerschmidt Visitors Center, Arkansas.--Section
103(e) of the Water Resources Development Act of 1992 (106 Stat. 4813)
is amended by striking ``Arkansas River, Arkansas.'' and inserting
``Fort Smith, Arkansas, on land provided by the city of Fort Smith.''.
(b) Lower Mississippi River Museum and Riverfront Interpretive
Site, Mississippi.--Section 103(c)(2) of the Water Resources
Development Act of 1992 (106 Stat. 4811) is amended in the first
sentence by striking ``in the vicinity of the Mississippi River Bridge
in Vicksburg, Mississippi.'' and inserting ``between the Mississippi
River Bridge and the waterfront in downtown Vicksburg, Mississippi.''.
SEC. 509. CALFED BAY-DELTA PROGRAM ASSISTANCE, CALIFORNIA.
(a) In General.--The Secretary--
(1) may participate with the appropriate Federal and State
agencies in the planning and management activities associated with
the CALFED Bay-Delta Program referred to in the California Bay-
Delta Environmental Enhancement and Water Security Act (division E
of Public Law 104-208; 110 Stat. 3009-748); and
(2) shall integrate, to the maximum extent practicable and in
accordance with applicable law, the activities of the Corps of
Engineers in the San Joaquin and Sacramento River basins with the
long-term goals of the CALFED Bay-Delta Program.
(b) Cooperative Activities.--In participating in the CALFED Bay-
Delta Program under subsection (a), the Secretary may--
(1) accept and expend funds from other Federal agencies and
from non-Federal public, private, and nonprofit entities to carry
out ecosystem restoration projects and activities associated with
the CALFED Bay-Delta Program; and
(2) in carrying out the projects and activities, enter into
contracts, cooperative research and development agreements, and
cooperative agreements with Federal and non-Federal private,
public, and nonprofit entities.
(c) Area Covered by Program.--For the purposes of this section, the
area covered by the CALFED Bay-Delta Program shall be the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary and its watershed (known as
the ``Bay-Delta Estuary''), as identified in 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. 510. 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. 511. CLEAR LAKE BASIN, CALIFORNIA.
Amounts made available to the Secretary by the Energy and Water
Development 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 be used only for the
wetlands restoration and creation elements of the project.
SEC. 512. 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. 513. 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. 514. 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. 515. 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. 516. LAKE SIDNEY LANIER, GEORGIA, HOME PRESERVATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Easement prohibition.--The term ``easement prohibition''
means the rights acquired by the United States in the flowage
easements to prohibit structures for human habitation.
(2) Eligible property owner.--The term ``eligible property
owner'' means a person that owns a structure for human habitation
that was constructed before January 1, 2000, and is located on fee
land or in violation of the flowage easement.
(3) Fee land.--The term ``fee land'' means the land acquired in
fee title by the United States for the Lake.
(4) Flowage easement.--The term ``flowage easement'' means an
interest in land that the United States acquired that provides the
right to flood, to the elevation of 1,085 feet above mean sea level
(among other rights), land surrounding the Lake.
(5) Lake.--The term ``Lake'' means the Lake Sidney Lanier,
Georgia, project of the Corps of Engineers authorized by the first
section of the Rivers and Harbors Act of July 24, 1946 (60 Stat.
635).
(b) Establishment of Program.--Not later than 120 days after the
date of enactment of this Act, the Secretary shall establish, and
provide public notice of, a program--
(1) to convey to eligible property owners the right to maintain
existing structures for human habitation on fee land; or
(2) to release eligible property owners from the easement
prohibition as it applies to existing structures for human
habitation on the flowage easements (if the floor elevation of the
human habitation area is above the elevation of 1,085 feet above
mean sea level).
(c) Regulations.--To carry out subsection (b), the Secretary shall
issue regulations that--
(1) require the Corps of Engineers to suspend any activities to
require eligible property owners to remove structures for human
habitation that encroach on fee land or flowage easements;
(2) provide that a person that owns a structure for human
habitation on land adjacent to the Lake shall have a period of 1
year after the date of enactment of this Act--
(A) to request that the Corps of Engineers resurvey the
property of the person to determine if the person is an
eligible property owner under this section; and
(B) to pay the costs of the resurvey to the Secretary for
deposit in the Corps of Engineers account in accordance with
section 2695 of title 10, United States Code;
(3) provide that when a determination is made, through a
private survey or through a boundary line maintenance survey
conducted by the Federal Government, that a structure for human
habitation is located on the fee land or a flowage easement--
(A) the Corps of Engineers shall immediately notify the
property owner by certified mail; and
(B) the property owner shall have a period of 90 days from
receipt of the notice in which to establish that the structure
was constructed before January 1, 2000, and that the property
owner is an eligible property owner under this section;
(4) provide that any private survey shall be subject to review
and approval by the Corps of Engineers to ensure that the private
survey conforms to the boundary line established by the Federal
Government;
(5) require the Corps of Engineers to offer to an eligible
property owner a conveyance or release that--
(A) on fee land, conveys by quitclaim deed the minimum land
required to maintain the human habitation structure, reserving
the right to flood to the elevation of 1,085 feet above mean
sea level, if applicable;
(B) in a flowage easement, releases by quitclaim deed the
easement prohibition;
(C) provides that--
(i) the existing structure shall not be extended
further onto fee land or into the flowage easement; and
(ii) additional structures for human habitation shall
not be placed on fee land or in a flowage easement; and
(D) provides that--
(i)(I) the United States shall not be liable or
responsible for damage to property or injury to persons
caused by operation of the Lake; and
(II) no claim to compensation shall accrue from the
exercise of the flowage easement rights; and
(ii) the waiver described in clause (i) of any and all
claims against the United States shall be a covenant
running with the land and shall be binding on heirs,
successors, assigns, and purchasers of the property subject
to the waiver; and
(6) provide that the eligible property owner shall--
(A) agree to an offer under paragraph (5) not later than 90
days after the offer is made by the Corps of Engineers; or
(B) comply with the real property rights of the United
States and remove the structure for human habitation and any
other unauthorized real or personal property.
(d) Option To Purchase Insurance.--Nothing in this section
precludes a property owner from purchasing flood insurance to which the
property owner may be eligible.
(e) Prior Encroachment Resolutions.--Nothing in this section
affects any resolution, before the date of enactment of this Act, of an
encroachment at the Lake, whether the resolution was effected through
sale, exchange, voluntary removal, or alteration or removal through
litigation.
(f) Prior Real Property Rights.--Nothing in this section--
(1) takes away, diminishes, or eliminates any other real
property rights acquired by the United States at the Lake; or
(2) affects the ability of the United States to require the
removal of any and all encroachments that are constructed or placed
on United States real property or flowage easements at the Lake
after December 31, 1999.
SEC. 517. BALLARD'S ISLAND, LA SALLE 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, La Salle 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. 518. LAKE MICHIGAN DIVERSION, ILLINOIS.
Section 1142(b) of the Water Resources Development Act of 1986 (42
U.S.C. 1962d-20 note; 100 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. 519. ILLINOIS RIVER BASIN RESTORATION.
(a) Illinois River Basin Defined.--In this section, the term
``Illinois River basin'' means the Illinois River, Illinois, its
backwaters, its 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 Secretary may credit the value of
in-kind services provided by the non-Federal interest for a project
or activity carried out under this section 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 that accomplish the goals of this section,
as determined by the Secretary. The 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. 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 (33 U.S.C. 2330), credit toward the non-Federal share of the cost
of the project for the value of 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. 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.
SEC. 522. 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. 523. 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. 524. MINNESOTA DAM SAFETY.
(a) Inventory and Assessment of Other Dams.--
(1) Inventory.--The Secretary shall establish an inventory of
dams constructed in the State of Minnesota 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 assess
the condition of the dams on the 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 may carry out measures to
prevent or mitigate against that risk.
(2) Federal share.--The Federal share of the cost of assistance
provided under this subsection shall be 65 percent.
(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 $7,000,000.
SEC. 525. BRUCE F. VENTO UNIT OF THE BOUNDARY WATERS CANOE AREA
WILDERNESS, MINNESOTA.
(a) Designation.--The portion of the Boundary Waters Canoe Area
Wilderness, Minnesota, that is situated north and east of the Gunflint
Corridor and 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 subsection (a) shall be deemed to be a reference to the
``Bruce F. Vento Unit of the Boundary Waters Canoe Area Wilderness''.
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 State of 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 35 percent.
(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. 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. 529. 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 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 at Las Vegas Wash and 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. 530. 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
the 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) 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.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 531. 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. 532. 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 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 and appropriate nonprofit, nongovernmental
organizations with expertise in wetland 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 35 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. 533. FLOOD DAMAGE REDUCTION.
(a) In General.--In order to assist the States of North Carolina
and Ohio and local governments in mitigating damages resulting from a
major disaster, the Secretary shall carry out flood damage reduction
projects by protecting, clearing, and restoring channel dimensions
(including removing accumulated snags and other debris)--
(1) in eastern North Carolina, in--
(A) New River and tributaries;
(B) White Oak River and tributaries;
(C) Neuse River and tributaries; and
(D) Pamlico River and tributaries; and
(2) in Ohio, in--
(A) Symmes Creek;
(B) Duck Creek; and
(C) Brush Creek.
(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.) before the date of enactment of this Act.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for fiscal years 2001
through 2003.
SEC. 534. 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. 535. 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. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM
RESTORATION, 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 Governors of the States
of Oregon and Washington and the heads of appropriate Indian
tribes, 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 Governor of the State of
Oregon and the heads of appropriate Indian tribes, 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 $30,000,000.
SEC. 537. 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 (112 Stat. 305) to the
Secretary for access improvements at the Raystown Lake project,
Pennsylvania.
SEC. 538. 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 and
appropriate nonprofit, nongovernmental organizations with expertise in
wetland 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. 539. CHARLESTON HARBOR, SOUTH CAROLINA.
(a) Estuary Restoration.--
(1) Support plan.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall develop a plan for
activities of the Corps of Engineers to support the restoration
of the ecosystem of the Charleston Harbor estuary, South
Carolina.
(B) Cooperation.--The Secretary shall develop the plan in
cooperation with--
(i) the State of South Carolina; and
(ii) other affected Federal and non-Federal interests.
(2) Projects.--The Secretary shall plan, design, and construct
projects to support the restoration of the ecosystem of the
Charleston Harbor estuary.
(3) Evaluation program.--
(A) In general.--The Secretary shall develop a program to
evaluate the success of the projects carried out under
paragraph (2) in meeting ecosystem restoration goals.
(B) Studies.--Evaluations under subparagraph (A) shall be
conducted in consultation with the appropriate Federal, State,
and local agencies.
(b) Cost Sharing.--
(1) Development of plan.--The Federal share of the cost of
development of the plan under subsection (a)(1) shall be 65
percent.
(2) Project planning, design, construction, and evaluation.--
The Federal share of the cost of planning, design, construction,
and evaluation of a project under paragraphs (2) and (3) of
subsection (a) shall be 65 percent.
(3) Non-federal share.--
(A) Credit for land, easements, and rights-of-way.--The
Secretary shall credit the non-Federal interest for the value
of any land, easement, right-of-way, dredged material disposal
area, or relocation provided for carrying out a project under
subsection (a)(2).
(B) Form.--The non-Federal interest may provide up to 50
percent of the non-Federal share in the form of services,
materials, supplies, or other in-kind contributions.
(4) Operation and maintenance.--The operation, maintenance,
repair, rehabilitation, and replacement of projects carried out
under this section shall be a non-Federal responsibility.
(5) Non-federal interests.--Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any project
carried out under this section, a non-Federal interest may include
a private interest and a nonprofit entity.
(c) Authorization of Appropriations.--
(1) Development of plan.--There is authorized to be
appropriated to carry out subsection (a)(1) $300,000.
(2) Other activities.--There is authorized to be appropriated
to carry out paragraphs (2) and (3) of subsection (a) $5,000,000
for each of fiscal years 2001 through 2004.
SEC. 540. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration.--Section 602 of the
Water Resources Development Act of 1999 (113 Stat. 385-388) is
amended--
(1) in subsection (a)(4)(C)(i) by striking subclause (I) and
inserting the following:
``(I) fund, from funds made available for operation
and maintenance under the Pick-Sloan Missouri River
Basin program and through grants to the State of South
Dakota, the Cheyenne River Sioux Tribe, and the Lower
Brule Sioux Tribe--
``(aa) the terrestrial wildlife habitat
restoration programs being carried out as of August
17, 1999, on Oahe and Big Bend project land at a
level that does not exceed the greatest amount of
funding that was provided for the programs during a
previous fiscal year; and
``(bb) the carrying out of plans developed
under this section; and''; and
(2) in subsection (b)(4)(B) by striking ``section
604(d)(3)(A)(iii)'' and inserting ``section 604(d)(3)(A)''.
(b) South Dakota Terrestrial Wildlife Habitat Restoration Trust
Fund.--Section 603 of the Water Resources Development Act of 1999 (113
Stat. 388-389) is amended--
(1) in subsection (c)(2) by striking ``The'' and inserting ``In
consultation with the State of South Dakota, the''; and
(2) in subsection (d)--
(A) in paragraph (2) by inserting ``Department of Game,
Fish and Parks of the'' before ``State of''; and
(B) in paragraph (3)(A)(ii)--
(i) in subclause (I) by striking ``transferred'' and
inserting ``transferred or to be transferred''; and
(ii) by striking subclause (II) and inserting the
following:
``(II) fund all costs associated with the lease,
ownership, management, operation, administration,
maintenance, or development of recreation areas and
other land that are transferred or to be transferred to
the State of South Dakota by the Secretary;''.
(c) Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe
Terrestrial Wildlife Habitat Restoration Trust Funds.--Section 604 of
the Water Resources Development Act of 1999 (113 Stat. 389-390) is
amended--
(1) in subsection (c)(2) by striking ``The'' and inserting ``In
consultation with the Cheyenne River Sioux Tribe and Lower Brule
Sioux Tribe, the''; and
(2) in subsection (d)--
(A) in paragraph (2) by inserting ``as tribal funds'' after
``for use''; and
(B) in paragraph (3)(A)(ii)--
(i) in subclause (I) by striking ``transferred'' and
inserting ``transferred or to be transferred''; and
(ii) by striking subclause (II) and inserting the
following:
``(II) fund all costs associated with the lease,
ownership, management, operation, administration,
maintenance, or development of recreation areas and
other land that are transferred or to be transferred to
the respective affected Indian Tribe by the
Secretary;''.
(d) Transfer of Federal Land to State of South Dakota.--Section 605
of the Water Resources Development Act of 1999 (113 Stat. 390-393) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B) by striking ``in perpetuity'' and
inserting ``for the life of the Mni Wiconi project'';
(B) by redesignating subparagraph (B) as subparagraph (C);
and
(C) by inserting after subparagraph (A) the following:
``(B) Deadline for transfer of recreation areas.--Under
subparagraph (A), the Secretary shall transfer recreation areas
not later than January 1, 2002.'';
(2) in subsection (c)--
(A) by redesignating paragraph (1) as paragraph (1)(A);
(B) by redesignating paragraphs (2) through (4) as
subparagraphs (B) through (D), respectively, of paragraph (1);
(C) in paragraph (1)--
(i) in subparagraph (C) (as redesignated by
subparagraph (B) of this paragraph) by inserting ``and''
after the semicolon; and
(ii) in subparagraph (D) (as redesignated by
subparagraph (B) of this paragraph) by striking ``and'' and
inserting ``or''; and
(D) by redesignating paragraph (5) as paragraph (2);
(3) in subsection (d) by striking paragraph (2) and inserting
the following:
``(2) Structures.--
``(A) In general.--The map shall identify all land and
structures to be retained as necessary for continuation of the
operation, maintenance, repair, replacement, rehabilitation,
and structural integrity of the dams and related flood control
and hydropower structures.
``(B) Lease of recreation areas.--
``(i) In general.--The Secretary shall lease to the
State of South Dakota in perpetuity all or part of the
following recreation areas, within the boundaries
determined under clause (ii), that are adjacent to land
received by the State of South Dakota under this title:
``(I) Oahe dam and lake.--
``(aa) Downstream Recreation Area.
``(bb) West Shore Recreation Area.
``(cc) East Shore Recreation Area.
``(dd) Tailrace Recreation Area.
``(II) Fort randall dam and lake francis case.--
``(aa) Randall Creek Recreation Area.
``(bb) South Shore Recreation Area.
``(cc) Spillway Recreation Area.
``(III) Gavins point dam and lewis and clark
lake.--Pierson Ranch Recreation Area.
``(ii) Lease boundaries.--The Secretary shall determine
the boundaries of the recreation areas in consultation with
the State of South Dakota.'';
(4) in subsection (f)(1) by striking ``Federal law'' and
inserting ``a Federal law specified in section 607(a)(6) or any
other Federal law'';
(5) in subsection (g) by striking paragraph (3) and inserting
the following:
``(3) Easements and access.--
``(A) In general.--Not later than 180 days after a request
by the State of South Dakota, the Secretary shall provide to
the State of South Dakota easements and access on land and
water below the level of the exclusive flood pool outside
Indian reservations in the State of South Dakota for
recreational and other purposes (including for boat docks, boat
ramps, and related structures).
``(B) No effect on mission.--The easements and access
referred to in subparagraph (A) shall not prevent the Corps
from carrying out its mission under the Act entitled `An Act
authorizing the construction of certain public works on rivers
and harbors for flood control, and for other purposes',
approved December 22, 1944 (58 Stat. 887).'';
(6) in subsection (h) by striking ``of this Act'' and inserting
``of law''; and
(7) by adding at the end the following:
``(j) Cleanup of Land and Recreation Areas.--
``(1) In general.--Not later than 10 years after the date of
enactment of this subsection, the Secretary shall clean up each
open dump and hazardous waste site identified by the Secretary and
located on the land and recreation areas described in subsections
(b) and (c).
``(2) Funding.--Cleanup activities under paragraph (1) shall be
funded solely from funds made available for operation and
maintenance under the Pick-Sloan Missouri River Basin program.
``(k) Cultural Resources Advisory Commission.--
``(1) In general.--The State of South Dakota, the Cheyenne
River Sioux Tribe, and the Lower Brule Sioux Tribe may establish an
advisory commission to be known as the `Cultural Resources Advisory
Commission' (referred to in this subsection as the `Commission').
``(2) Membership.--The Commission shall be composed of--
``(A) 1 member representing the State of South Dakota;
``(B) 1 member representing the Cheyenne River Sioux Tribe;
``(C) 1 member representing the Lower Brule Sioux Tribe;
and
``(D) upon unanimous vote of the members of the Commission
described in subparagraphs (A) through (C), a member
representing a federally recognized Indian Tribe located in the
State of North Dakota or South Dakota that is historically or
traditionally affiliated with the Missouri River basin in South
Dakota.
``(3) Duty.--The duty of the Commission shall be to provide
advice on the identification, protection, and preservation of
cultural resources on the land and recreation areas described in
subsections (b) and (c) of this section and subsections (b) and (c)
of section 606.
``(4) Responsibilities, powers, and administration.--The
Governor of the State of South Dakota, the Chairman of the Cheyenne
River Sioux Tribe, and the Chairman of the Lower Brule Sioux Tribe
are encouraged to unanimously enter into a formal written
agreement, not later than 1 year after the date of enactment of
this subsection, to establish the role, responsibilities, powers,
and administration of the Commission.
``(l) Inventory and Stabilization of Cultural and Historic Sites.--
``(1) In general.--Not later than 10 years after the date of
enactment of this subsection, the Secretary, through contracts
entered into with the State of South Dakota, the affected Indian
Tribes, and other Indian Tribes in the States of North Dakota and
South Dakota, shall inventory and stabilize each cultural site and
historic site located on the land and recreation areas described in
subsections (b) and (c).
``(2) Funding.--Inventory and stabilization activities under
paragraph (1) shall be funded solely from funds made available for
operation and maintenance under the Pick-Sloan Missouri River Basin
program.''.
(e) Transfer of Corps of Engineers Land for Affected Indian
Tribes.--Section 606 of the Water Resources Development Act of 1999
(113 Stat. 393-395) is amended--
(1) in subsection (a)(1) by striking ``The Secretary'' and
inserting ``Not later than January 1, 2002, the Secretary'';
(2) in subsection (b)(1) by striking ``Big Bend and Oahe'' and
inserting ``Oahe, Big Bend, and Fort Randall'';
(3) in subsection (d) by striking paragraph (2) and inserting
the following:
``(2) Structures.--
``(A) In general.--The map shall identify all land and
structures to be retained as necessary for continuation of the
operation, maintenance, repair, replacement, rehabilitation,
and structural integrity of the dams and related flood control
and hydropower structures.
``(B) Lease of recreation areas.--
``(i) In general.--The Secretary shall lease to the
Lower Brule Sioux Tribe in perpetuity all or part of the
following recreation areas at Big Bend Dam and Lake Sharpe:
``(I) Left Tailrace Recreation Area.
``(II) Right Tailrace Recreation Area.
``(III) Good Soldier Creek Recreation Area.
``(ii) Lease boundaries.--The Secretary shall determine
the boundaries of the recreation areas in consultation with
the Lower Brule Sioux Tribe.'';
(4) in subsection (f)--
(A) in paragraph (1) by striking ``Federal law'' and
inserting ``a Federal law specified in section 607(a)(6) or any
other Federal law'';
(B) in paragraph (2) by striking subparagraph (C) and
inserting the following:
``(C) Easements and access.--
``(i) In general.--Not later than 180 days after a
request by an affected Indian Tribe, the Secretary shall
provide to the affected Indian Tribe easements and access
on land and water below the level of the exclusive flood
pool inside the Indian reservation of the affected Indian
Tribe for recreational and other purposes (including for
boat docks, boat ramps, and related structures).
``(ii) No effect on mission.--The easements and access
referred to in clause (i) shall not prevent the Corps of
Engineers from carrying out its mission under the Act
entitled `An Act authorizing the construction of certain
public works on rivers and harbors for flood control, and
for other purposes', approved December 22, 1944 (58 Stat.
887).''; and
(C) in paragraph (3)(B) by inserting before the period at
the end the following: ``that were administered by the Corps of
Engineers as of the date of the land transfer.''; and
(5) by adding at the end the following:
``(h) Cleanup of Land and Recreation Areas.--
``(1) In general.--Not later than 10 years after the date of
enactment of this subsection, the Secretary shall clean up each
open dump and hazardous waste site identified by the Secretary and
located on the land and recreation areas described in subsections
(b) and (c).
``(2) Funding.--Cleanup activities under paragraph (1) shall be
funded solely from funds made available for operation and
maintenance under the Pick-Sloan Missouri River Basin program.
``(i) Inventory and Stabilization of Cultural and Historic Sites.--
``(1) In general.--Not later than 10 years after the date of
enactment of this subsection, the Secretary, in consultation with
the Cultural Resources Advisory Commission established under
section 605(k) and through contracts entered into with the State of
South Dakota, the affected Indian Tribes, and other Indian Tribes
in the States of North Dakota and South Dakota, shall inventory and
stabilize each cultural site and historic site located on the land
and recreation areas described in subsections (b) and (c).
``(2) Funding.--Inventory and stabilization activities under
paragraph (1) shall be funded solely from funds made available for
operation and maintenance under the Pick-Sloan Missouri River Basin
program.
``(j) Sediment Contamination.--
``(1) In general.--Not later than 10 years after the date of
enactment of this subsection, the Secretary shall--
``(A) complete a study of sediment contamination in the
Cheyenne River; and
``(B) take appropriate remedial action to eliminate any
public health and environmental risk posed by the contaminated
sediment.
``(2) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out paragraph
(1).''.
(f) Budget Considerations.--Section 607 of the Water Resources
Development Act of 1999 (113 Stat. 395-396) is amended by adding at the
end the following:
``(d) Budget Considerations.--
``(1) In general.--In developing an annual budget to carry out
this title, the Corps of Engineers shall consult with the State of
South Dakota and the affected Indian Tribes.
``(2) Inclusions; availability.--The budget referred to in
paragraph (1) shall--
``(A) be detailed;
``(B) include all necessary tasks and associated costs; and
``(C) be made available to the State of South Dakota and
the affected Indian Tribes at the time at which the Corps of
Engineers submits the budget to Congress.''.
(g) Authorization of Appropriations.--Section 609 of the Water
Resources Development Act of 1999 (113 Stat. 396-397) is amended by
striking subsection (a) and inserting the following:
``(a) Secretary.--
``(1) In general.--There are authorized to be appropriated to
the Secretary for each fiscal year such sums as are necessary--
``(A) to pay the administrative expenses incurred by the
Secretary in carrying out this title;
``(B) to fund the implementation of terrestrial wildlife
habitat restoration plans under section 602(a);
``(C) to fund activities described in sections 603(d)(3)
and 604(d)(3) with respect to land and recreation areas
transferred or to be transferred to an affected Indian Tribe or
the State of South Dakota under section 605 or 606; and
``(D) to fund the annual expenses (not to exceed the
Federal cost as of August 17, 1999) of operating recreation
areas transferred or to be transferred under sections 605(c)
and 606(c) to, or leased by, the State of South Dakota or an
affected Indian Tribe, until such time as the trust funds under
sections 603 and 604 are fully capitalized.
``(2) Allocations.--
``(A) In general.--For each fiscal year, the Secretary
shall allocate the amounts made available under subparagraphs
(B), (C), and (D) of paragraph (1) as follows:
``(i) $1,000,000 (or, if a lesser amount is so made
available for the fiscal year, the lesser amount) shall be
allocated equally among the State of South Dakota, the
Cheyenne River Sioux Tribe, and the Lower Brule Sioux
Tribe, for use in accordance with paragraph (1).
``(ii) Any amounts remaining after the allocation under
clause (i) shall be allocated as follows:
``(I) 65 percent to the State of South Dakota.
``(II) 26 percent to the Cheyenne River Sioux
Tribe.
``(III) 9 percent to the Lower Brule Sioux Tribe.
``(B) Use of allocations.--Amounts allocated under
subparagraph (A) may be used at the option of the recipient for
any purpose described in subparagraph (B), (C), or (D) of
paragraph (1).''.
(h) Clarification of References to Indian Tribes.--
(1) Definitions.--Section 601 of the Water Resources
Development Act of 1999 (113 Stat. 385) is amended by striking
paragraph (1) and inserting the following:
``(1) Affected indian tribe.--The term `affected Indian Tribe'
means each of the Cheyenne River Sioux Tribe and the Lower Brule
Sioux Tribe.''.
(2) Terrestrial wildlife habitat restoration.--Section
602(b)(4)(B) of the Water Resources Development Act of 1999 (113
Stat. 388) is amended by striking ``the Tribe'' and inserting ``the
affected Indian Tribe''.
(3) Cheyenne river sioux tribe and lower brule sioux tribe
terrestrial wildlife habitat restoration trust funds.--Section
604(d)(3)(A) of the Water Resources Development Act of 1999 (113
Stat. 390) is amended by striking ``the respective Tribe'' each
place it appears and inserting ``the respective affected Indian
Tribe''.
(4) Transfer of federal land to state of south dakota.--Section
605 of the Water Resources Development Act of 1999 (113 Stat. 390-
393) is amended--
(A) in subsection (b)(3) by striking ``an Indian Tribe''
and inserting ``any Indian Tribe''; and
(B) in subsection (c)(1)(B) (as redesignated by subsection
(d)(2)(B) of this section) by striking ``an Indian Tribe'' and
inserting ``any Indian Tribe''.
(5) Transfer of corps of engineers land for affected indian
tribes.--Section 606 of the Water Resources Development Act of 1999
(113 Stat. 393-395) is amended--
(A) in the section heading by striking ``indian tribes''
and inserting ``affected indian tribes'';
(B) in paragraphs (1) and (4) of subsection (a) by striking
``the Indian Tribes'' each place it appears and inserting ``the
affected Indian Tribes'';
(C) in subsection (c)(2) by striking ``an Indian Tribe''
and inserting ``any Indian Tribe'';
(D) in subsection (f)(2)(B)(i)--
(i) by striking ``the respective tribes'' and inserting
``the respective affected Indian Tribes''; and
(ii) by striking ``the respective Tribe's'' and
inserting ``the respective affected Indian Tribe's''; and
(E) in subsection (g) by striking ``an Indian Tribe'' and
inserting ``any Indian Tribe''.
(6) Administration.--Section 607(a) of the Water Resources
Development Act of 1999 (113 Stat. 395) is amended by striking ``an
Indian Tribe'' each place it appears and inserting ``any Indian
Tribe''.
SEC. 541. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND
MISSISSIPPI.
The Secretary shall prepare a limited reevaluation report of the
project for flood control, Horn Lake Creek and Tributaries, Tennessee
and Mississippi, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4124), to determine the feasibility
of modifying the project to provide urban flood protection along Horn
Lake Creek and, if the Secretary determines that the modification is
technically sound, environmentally acceptable, and economically
justified, carry out the project as modified in accordance with the
report.
SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
(a) Definitions.--In this section, the following definitions apply:
(1) Critical restoration project.--The term ``critical
restoration project'' means a project that will produce, consistent
with Federal programs, projects, and activities, immediate and
substantial ecosystem restoration, preservation, and protection
benefits.
(2) Lake champlain watershed.--The term ``Lake Champlain
watershed'' means--
(A) the land areas within Addison, Bennington, Caledonia,
Chittenden, Franklin, Grand Isle, Lamoille, Orange, Orleans,
Rutland, and Washington Counties in the State of Vermont; and
(B)(i) the land areas that drain into Lake Champlain and
that are located within Essex, Clinton, Franklin, Warren, and
Washington Counties in the State of New York; and
(ii) the near-shore areas of Lake Champlain within the
counties referred to in clause (i).
(b) Critical Restoration Projects.--
(1) In general.--The Secretary may participate in critical
restoration projects in the Lake Champlain watershed.
(2) Types of projects.--A critical restoration project shall be
eligible for assistance under this section if the critical
restoration project consists of--
(A) implementation of an intergovernmental agreement for
coordinating regulatory and management responsibilities with
respect to the Lake Champlain watershed;
(B) acceleration of whole farm planning to implement best
management practices to maintain or enhance water quality and
to promote agricultural land use in the Lake Champlain
watershed;
(C) acceleration of whole community planning to promote
intergovernmental cooperation in the regulation and management
of activities consistent with the goal of maintaining or
enhancing water quality in the Lake Champlain watershed;
(D) natural resource stewardship activities on public or
private land to promote land uses that--
(i) preserve and enhance the economic and social
character of the communities in the Lake Champlain
watershed; and
(ii) protect and enhance water quality; or
(E) any other activity determined by the Secretary to be
appropriate.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a critical restoration project under this section only
if--
(1) the critical restoration project is publicly owned; or
(2) the non-Federal interest with respect to the critical
restoration project demonstrates that the critical restoration
project will provide a substantial public benefit in the form of
water quality improvement.
(d) Project Selection.--
(1) In general.--In consultation with the Lake Champlain Basin
Program and the heads of other appropriate Federal, State, tribal,
and local agencies, the Secretary may--
(A) identify critical restoration projects in the Lake
Champlain watershed; and
(B) carry out the critical restoration projects 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) and this section.
(2) Certification.--
(A) In general.--A critical restoration project shall be
eligible for financial assistance under this section only if
the appropriate State official for the critical restoration
project certifies to the Secretary that the critical
restoration project will contribute to the protection and
enhancement of the quality or quantity of the water resources
of the Lake Champlain watershed.
(B) Special consideration.--In certifying critical
restoration projects to the Secretary, the appropriate State
officials shall give special consideration to projects that
implement plans, agreements, and measures that preserve and
enhance the economic and social character of the communities in
the Lake Champlain watershed.
(e) Cost Sharing.--
(1) In general.--Before providing assistance under this section
with respect to a critical restoration project, the Secretary shall
enter into a project cooperation agreement that shall require the
non-Federal interest--
(A) to pay 35 percent of the total costs of the project;
(B) to provide any land, easements, rights-of-way, dredged
material disposal areas, and relocations necessary to carry out
the project;
(C) to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project; and
(D) to hold the United States harmless from any claim or
damage that may arise from carrying out the project, except any
claim or damage that may arise from the negligence of the
Federal Government or a contractor of the Federal Government.
(2) Non-federal share.--
(A) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of design work carried
out by the non-Federal interest before the date of execution of
a project cooperation agreement for the critical restoration
project, if the Secretary finds that the design work is
integral to the project.
(B) Credit for land, easements, and rights-of-way.--The
Secretary shall credit the non-Federal interest for the value
of any land, easement, right-of-way, dredged material disposal
area, or relocation provided for carrying out the project.
(C) Form.--The non-Federal interest may provide up to 50
percent of the non-Federal share in the form of services,
materials, supplies, or other in-kind contributions.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of
Federal or State law with respect to a project carried out with
assistance provided under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000, to remain available
until expended.
SEC. 543. VERMONT DAMS REMEDIATION.
(a) In General.--The Secretary--
(1) shall conduct a study to evaluate the structural integrity
and need for modification or removal of each dam located in the
State of Vermont and described in subsection (b);
(2) shall provide to the non-Federal interest design analysis,
plans and specifications, and cost estimates for repair,
restoration, modification, and removal of each dam described in
subsection (b); and
(3) may carry out measures to prevent or mitigate against such
risk if the Secretary determines that a dam described in subsection
(b) presents an imminent and substantial risk to public safety.
(b) Dams To Be Evaluated.--The dams referred to in subsection (a)
are the following:
(1) East Barre Dam, Barre Town.
(2) Wrightsville Dam, Middlesex-Montpelier.
(3) Lake Sadawga Dam, Whitingham.
(4) Dufresne Pond Dam, Manchester.
(5) Knapp Brook Site 1 Dam, Cavendish.
(6) Lake Bomoseen Dam, Castleton.
(7) Little Hosmer Dam, Craftsbury.
(8) Colby Pond Dam, Plymouth.
(9) Silver Lake Dam, Barnard.
(10) Gale Meadows Dam, Londonderry.
(c) Cost Sharing.--The non-Federal share of the cost of activities
under subsection (a) shall be 35 percent.
(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 $5,000,000.
SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON.
(a) Definition of Critical Restoration Project.--In this section,
the term ``critical restoration project'' means a project that will
produce, consistent with Federal programs, projects, and activities,
immediate and substantial ecosystem restoration, preservation, and
protection benefits.
(b) Critical Restoration Projects.--The Secretary may participate
in critical restoration projects in the area of Puget Sound,
Washington, and adjacent waters, including--
(1) the watersheds that drain directly into Puget Sound;
(2) Admiralty Inlet;
(3) Hood Canal;
(4) Rosario Strait; and
(5) the Strait of Juan de Fuca to Cape Flattery.
(c) Project Selection.--
(1) In general.--The Secretary may identify critical
restoration projects in the area described in subsection (b) based
on--
(A) studies to determine the feasibility of carrying out
the critical restoration projects; and
(B) analyses conducted before the date of enactment of this
Act by non-Federal interests.
(2) Criteria and procedures for review and approval.--
(A) In general.--In consultation with the Secretary of
Commerce, the Secretary of the Interior, the Governor of the
State of Washington, tribal governments, and the heads of other
appropriate Federal, State, and local agencies, the Secretary
may develop criteria and procedures for prioritizing projects
identified under paragraph (1).
(B) Consistency with fish restoration goals.--The criteria
and procedures developed under subparagraph (A) shall be
consistent with fish restoration goals of the National Marine
Fisheries Service and the State of Washington.
(C) Use of existing studies and plans.--In carrying out
subparagraph (A), the Secretary shall use, to the maximum
extent practicable, studies and plans in existence on the date
of enactment of this Act to identify project needs and
priorities.
(3) Local participation.--In prioritizing projects for
implementation under this section, the Secretary shall consult
with, and consider the priorities of, public and private entities
that are active in watershed planning and ecosystem restoration in
Puget Sound watersheds, including--
(A) the Salmon Recovery Funding Board;
(B) the Northwest Straits Commission;
(C) the Hood Canal Coordinating Council;
(D) county watershed planning councils; and
(E) salmon enhancement groups.
(d) Implementation.--The Secretary may carry out projects
identified under subsection (c) 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) and this section.
(e) Cost Sharing.--
(1) In general.--Before carrying out any project under this
section, the Secretary shall enter into a binding agreement with
the non-Federal interest that shall require the non-Federal
interest--
(A) to pay 35 percent of the total costs of the project;
(B) to provide any land, easements, rights-of-way, dredged
material disposal areas and relocations necessary to carry out
the project;
(C) to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs associated with
the project; and
(D) to hold the United States harmless from any claim or
damage that may arise from carrying out the project, except any
claim or damage that may arise from the negligence of the
Federal Government or a contractor of the Federal Government.
(2) Credit.--
(A) In general.--The Secretary shall credit the non-Federal
interest for the value of any land, easement, right-of-way,
dredged material disposal area, or relocation provided for
carrying out the project.
(B) Form.--The non-Federal interest may provide up to 50
percent of the non-Federal share in the form of services,
materials, supplies, or other in-kind contributions.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000, of which not more
than $5,000,000 may be used to carry out any 1 critical restoration
project.
SEC. 545. WILLAPA BAY, WASHINGTON.
(a) Study.--The Secretary shall conduct a study to determine the
feasibility of providing coastal erosion protection for the tribal
reservation of the Shoalwater Bay Tribe on Willapa Bay, Washington.
(b) Project.--
(1) In general.--Notwithstanding any other provision of law
(including any requirement for economic justification), the
Secretary may construct and maintain a project to provide coastal
erosion protection for the tribal reservation of the Shoalwater Bay
Tribe on Willapa Bay, Washington, at Federal expense, if the
Secretary determines that the project--
(A) is a cost-effective means of providing erosion
protection;
(B) is environmentally acceptable and technically feasible;
and
(C) will improve the economic and social conditions of the
Shoalwater Bay Tribe.
(2) Land, easements, and rights-of-way.--As a condition of the
project described in paragraph (1), the Shoalwater Bay Tribe shall
provide lands, easements, rights-of-way, and dredged material
disposal areas necessary for implementation of the project.
SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASHINGTON.
(a) In General.--The city of Aberdeen, Washington, may transfer all
rights, title, and interests of the city 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. 547. BLUESTONE, WEST VIRGINIA.
(a) In General.--The project for flood control, Bluestone Lake,
Ohio River basin, West Virginia, authorized by section 4 of the Flood
Control Act of June 28, 1938 (52 Stat. 1217), is modified to authorize
construction of hydroelectric generating facilities at the project by
the Tri-Cities Power Authority of West Virginia under the terms and
conditions of the agreement referred to in subsection (b).
(b) Agreement.--
(1) Agreement terms.--The Secretary and the Secretary of
Energy, acting through the Southeastern Power Administration, shall
enter into a binding agreement with the Tri-Cities Power Authority
that contains mutually acceptable terms and conditions and 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 that 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 to in subsection (a).
(B) The rights, responsibilities, and liabilities of each
party to the agreement.
(C) The amount of the payments under subsection (f) 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
facilities 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.
(2) Certification.--The Secretary may 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, may 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 the facilities referred to in subsection (a).
SEC. 548. 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. 549. TUG FORK RIVER, WEST VIRGINIA.
(a) In General.--The Secretary may provide planning and design
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. 550. SOUTHERN WEST VIRGINIA.
Section 340(a) of the Water Resources Development Act of 1992 (106
Stat. 4856) is amended in the second sentence by inserting
``environmental restoration,'' after ``distribution facilities,''.
SEC. 551. 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. 552. 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) Upper Charles River watershed, Massachusetts.
``(32) Lackawanna River watershed, Pennsylvania.
``(33) Brazos River watershed, Texas.''.
SEC. 553. 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. 554. HYDROGRAPHIC SURVEY.
The Secretary shall enter into an agreement with the Administrator
of the National Oceanic and Atmospheric Administration--
(1) 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; and
(2) to require the Administrator to provide the final charts
with respect to the project to the Secretary in digital format, at
no charge, for the purpose of enhancing the mission of the Corps of
Engineers of maintaining Federal navigation projects.
SEC. 555. 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. 556. 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 restrictive covenant that 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 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 be acquired by the Alabama Farmers
Cooperative, Inc.
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 days 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
Resources 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) not later than 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, NORTH DAKOTA
SEC. 701. SHORT TITLE.
This title may be cited as the ``Missouri River Protection and
Improvement Act of 2000''.
SEC. 702. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Missouri River is--
(A) an invaluable economic, environmental, recreational,
and cultural resource to the people of the United States; and
(B) a critical source of water for drinking and irrigation;
(2) millions of people fish, hunt, and camp along the Missouri
River each year;
(3) thousands of sites of spiritual importance to Native
Americans line the shores of the Missouri River;
(4) the Missouri River provides critical wildlife habitat for
threatened and endangered species;
(5) in 1944, Congress approved the Pick-Sloan program--
(A) to promote the general economic development of the
United States;
(B) to provide for irrigation above Sioux City, Iowa;
(C) to protect urban and rural areas from devastating
floods of the Missouri River; and
(D) for other purposes;
(6) the Garrison Dam was constructed on the Missouri River in
North Dakota and the Oahe Dam was constructed in South Dakota under
the Pick-Sloan program;
(7) the dams referred to in paragraph (6)--
(A) generate low-cost electricity for millions of people in
the United States;
(B) provide revenue to the Treasury; and
(C) provide flood control that has prevented billions of
dollars of damage;
(8) the Garrison and Oahe Dams have reduced the ability of the
Missouri River to carry sediment downstream, resulting in the
accumulation of sediment in the reservoirs known as Lake Sakakawea
and Lake Oahe;
(9) the sediment depositions--
(A) cause shoreline flooding;
(B) destroy wildlife habitat;
(C) limit recreational opportunities;
(D) threaten the long-term ability of dams to provide
hydropower and flood control under the Pick-Sloan program;
(E) reduce water quality; and
(F) threaten intakes for drinking water and irrigation; and
(10) to meet the objectives established by Congress for the
Pick-Sloan program, it is necessary to establish a Missouri River
Restoration Program--
(A) to improve conservation;
(B) to reduce the deposition of sediment; and
(C) to take other steps necessary for proper management of
the Missouri River.
(b) Purposes.--The purposes of this title are--
(1) to reduce the siltation of the Missouri River in the State
of North Dakota;
(2) to meet the objectives of the Pick-Sloan program by
developing and implementing a long-term strategy--
(A) to improve conservation in the Missouri River
watershed;
(B) to protect recreation on the Missouri River from
sedimentation;
(C) to improve water quality in the Missouri River;
(D) to improve erosion control along the Missouri River;
and
(E) to protect Indian and non-Indian historical and
cultural sites along the Missouri River from erosion; and
(3) to meet the objectives described in paragraphs (1) and (2)
by developing and financing new programs in accordance with the
plan.
SEC. 703. 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 Flood Control 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 North Dakota.
(4) Task force.--The term ``Task Force'' means the North Dakota
Missouri River Task Force established by section 705(a).
(5) Trust.--The term ``Trust'' means the North Dakota Missouri
River Trust established by section 704(a).
SEC. 704. MISSOURI RIVER TRUST.
(a) Establishment.--There is established a committee to be known as
the North Dakota Missouri River Trust.
(b) Membership.--The Trust shall be composed of 16 members to be
appointed by the Secretary, including--
(1) 12 members recommended by the Governor of North Dakota
that--
(A) represent equally the various interests of the public;
and
(B) include representatives of--
(i) the North Dakota Department of Health;
(ii) the North Dakota Department of Parks and
Recreation;
(iii) the North Dakota Department of Game and Fish;
(iv) the North Dakota State Water Commission;
(v) the North Dakota Indian Affairs Commission;
(vi) agriculture groups;
(vii) environmental or conservation organizations;
(viii) the hydroelectric power industry;
(ix) recreation user groups;
(x) local governments; and
(xi) other appropriate interests;
(2) 4 members representing each of the 4 Indian tribes in the
State of North Dakota.
SEC. 705. 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 18 months after the date on
which funding authorized under this title becomes available, the
Secretary shall transmit 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--
(i) the Federal, State, and regional economies;
(ii) recreation;
(iii) hydropower generation;
(iv) fish and wildlife; and
(v) 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--
(A) the Secretary of Energy;
(B) the Secretary of the Interior;
(C) the Secretary of Agriculture;
(D) the State; and
(E) Indian tribes in the State.
(e) Plan for Use of Funds Made Available by This Title.--
(1) In general.--Not later than 3 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) and this
section.
(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 75
percent.
(B) Non-federal share.--The non-Federal share of the cost
of carrying out the assessment 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 shall be 75 percent.
(B) Non-federal share.--Not more than 50 percent of the
non-Federal share of the cost of preparing the plan 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 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 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 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 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
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 Secretary shall credit the non-
Federal interest for all contributions provided under
clause (ii)(I).
SEC. 706. 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 Flood
Control Act of December 22, 1944 (33 U.S.C. 701-1 et seq.; 58 Stat.
887).
(d) Use of Funds.--Funds transferred to the Trust may be used to
pay the non-Federal share required under Federal programs.
SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this title $5,000,000 for each of fiscal years
2001 through 2005. Such sums shall remain available until expended.
(b) Existing Programs.--The Secretary shall fund programs
authorized under the Pick-Sloan program in existence on the date of
enactment of this Act at levels that are not less than funding levels
for those programs as of that date.
TITLE VIII--WILDLIFE REFUGE ENHANCEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Charles M. Russell National
Wildlife Refuge Enhancement Act of 2000''.
SEC. 802. PURPOSE.
The purpose of this title is to direct the Secretary, working with
the Secretary of the Interior, to convey cabin sites at Fort Peck Lake,
Montana, and to acquire land with greater wildlife and other public
value for the Charles M. Russell National Wildlife Refuge, to--
(1) better achieve the wildlife conservation purposes for which
the Refuge was established;
(2) protect additional fish and wildlife habitat in and
adjacent to the Refuge;
(3) enhance public opportunities for hunting, fishing, and
other wildlife-dependent activities;
(4) improve management of the Refuge; and
(5) reduce Federal expenditures associated with the
administration of cabin site leases.
SEC. 803. DEFINITIONS.
In this title, the following definitions apply:
(1) Association.--The term ``Association'' means the Fort Peck
Lake Association.
(2) Cabin site.--
(A) In general.--The term ``cabin site'' means a parcel of
property within the Fort Peck, Hell Creek, Pines, or Rock Creek
Cabin Areas that is--
(i) managed by the Corps of Engineers;
(ii) located in or near the eastern portion of Fort
Peck Lake, Montana; and
(iii) leased for single family use or occupancy.
(B) Inclusions.--The term ``cabin site'' includes all
right, title, and interest of the United States in and to the
property, including--
(i) any permanent easement that is necessary to provide
vehicular and utility access to the cabin site;
(ii) the right to reconstruct, operate, and maintain an
easement described in clause (i); and
(iii) any adjacent parcel of land that the Secretary
determines should be conveyed under section 804(c)(1).
(3) Cabin site area.--
(A) In general.--The term ``cabin site area'' means a
portion of the Fort Peck, Hell Creek, Pines, or Rock Creek
Cabin Areas referred to in paragraph (2) that is occupied by 1
or more cabin sites.
(B) Inclusion.--The term ``cabin site area'' includes such
immediately adjacent land, if any, as is needed for the cabin
site area to exist as a generally contiguous parcel of land and
for each cabin site in the cabin site area to meet the
requirements of section 804(e)(1), as determined by the
Secretary, with the concurrence of the Secretary of the
Interior.
(4) Land.--The term ``land'' means land or an interest in land.
(5) Lessee.--The term ``lessee'' means a person that is leasing
a cabin site.
(6) Refuge.--The term ``Refuge'' means the Charles M. Russell
National Wildlife Refuge in the State of Montana.
SEC. 804. CONVEYANCE OF CABIN SITES.
(a) In General.--
(1) Prohibition.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Secretary of the
Interior shall prohibit the issuance of new cabin site leases
within the Refuge, except as is necessary to consolidate with, or
substitute for, an existing cabin site lease under paragraph (2).
(2) Determination; notice.--Not later than 1 year after the
date of enactment of this Act, and before proceeding with any
exchange under this title, the Secretary shall--
(A)(i) with the concurrence of the Secretary of the
Interior, determine individual cabin sites that are not
suitable for conveyance to a lessee because the cabin sites are
isolated so that conveyance of 1 or more of the cabin sites
would create an inholding that would impair management of the
Refuge; and
(ii) with the concurrence of the Secretary of the Interior
and the lessee, determine individual cabin sites that are not
suitable for conveyance to a lessee for any other reason that
adversely impacts the future habitability of the cabin sites;
and
(B) provide written notice to each lessee that specifies
any requirements concerning the form of a notice of interest in
acquiring a cabin site that the lessee may submit under
subsection (b)(1) and an estimate of the portion of
administrative costs that would be required to be reimbursed to
the Secretary under section 808(b), to--
(i) determine whether the lessee is interested in
acquiring the cabin site area of the lessee; and
(ii) inform each lessee of the rights of the lessee
under this title.
(3) Offer of comparable cabin site.--If the Secretary
determines that a cabin site is not suitable for conveyance to a
lessee under paragraph (2)(A), the Secretary, in consultation with
the Secretary of the Interior, shall offer to the lessee the
opportunity to acquire a comparable cabin site within the same
cabin site area.
(b) Response.--
(1) Notice of interest.--
(A) In general.--Not later than July 1, 2003, a lessee
shall notify the Secretary in writing of an interest in
acquiring the cabin site of the lessee.
(B) Form.--The notice under this paragraph shall be
submitted in such form as is required by the Secretary under
subsection (a)(2)(B).
(2) Unpurchased cabin sites.--If the Secretary receives no
notice of interest or offer to purchase a cabin site from the
lessee under paragraph (1) or the lessee declines an opportunity to
purchase a comparable cabin site under subsection (a)(3), the cabin
site shall be subject to sections 805 and 806.
(c) Process.--After providing notice to a lessee under subsection
(a)(2)(B), the Secretary, with the concurrence of the Secretary of the
Interior, shall--
(1) determine whether any small parcel of land adjacent to any
cabin site (not including shoreline or land needed to provide
public access to the shoreline of Fort Peck Lake) should be
conveyed as part of the cabin site to--
(A) protect water quality;
(B) eliminate an inholding; or
(C) facilitate administration of the land remaining in
Federal ownership;
(2) if the Secretary and the Secretary of the Interior
determine that a conveyance should be completed under paragraph
(1), provide notice of the intent of the Secretary to complete the
conveyance to the lessee of each affected cabin site;
(3) survey each cabin site to determine the acreage and legal
description of the cabin site area, including land identified under
paragraph (1);
(4) take such actions as are necessary to ensure compliance
with all applicable environmental laws;
(5) prepare permanent easements or deed restrictions to be
enforceable by the Secretary of the Interior or an acceptable third
party, to be placed on a cabin site before conveyance out of
Federal ownership in order to--
(A) comply with the Act of May 18, 1938 (16 U.S.C. 833 et
seq.);
(B) comply with any other laws (including regulations);
(C) ensure the maintenance of existing and adequate public
access to and along Fort Peck Lake;
(D) limit future uses of the cabin site to--
(i) noncommercial, single-family use; and
(ii) the type and intensity of use of the cabin site as
of the date of enactment of this Act; and
(E) maintain the values of the Refuge; and
(6) conduct an appraisal of each cabin site (including any
expansion of the cabin site under paragraph (1)) that--
(A) is carried out in accordance with the Uniform Appraisal
Standards for Federal Land Acquisition;
(B) excludes the value of any private improvement to the
cabin site; and
(C) takes into consideration--
(i) any easement or deed restriction determined to be
necessary under paragraph (5) and subsection (h); and
(ii) the definition of ``cabin site'' under section
803(2).
(d) Consultation and Public Involvement.--The Secretary shall--
(1) carry out subsections (b) and (c) in consultation with--
(A) affected lessees;
(B) affected counties in the State of Montana; and
(C) the Association; and
(2) hold public hearings, and provide all interested parties
with notice and an opportunity to comment, on the activities
carried out under this section.
(e) Conveyance.--Subject to subsections (h) and (i) and section
808(b), the Secretary or, if necessary, the Secretary of the Interior
shall convey a cabin site by individual patent or deed to the lessee
under this title--
(1) if the cabin site complies with Federal, State, and county
septic and water quality laws (including regulations);
(2) if the lessee complies with other requirements of this
section; and
(3) after receipt of the payment from the lessee for the cabin
site of an amount equal to the sum of--
(A) the appraised fair market value of the cabin site as
determined in accordance with subsection (c)(6); and
(B) the administrative costs required to be reimbursed
under section 808.
(f) Vehicular Access.--
(1) In general.--Nothing in this title authorizes any addition
to or improvement of vehicular access to a cabin site.
(2) Construction.--The Secretary and the Secretary of the
Interior--
(A) shall not construct any road for the sole purpose of
providing access to land conveyed under this section; and
(B) shall be under no obligation to service or maintain any
existing road used primarily for access to that land (or to a
cabin site).
(3) Offer to convey.--The Secretary, with the concurrence of
the Secretary of the Interior, may offer to convey to the State of
Montana, any political subdivision of the State of Montana, or the
Association, any road determined by the Secretary to primarily
service the land conveyed under this section.
(g) Utilities and Infrastructure.--
(1) In general.--The purchaser of a cabin site shall be
responsible for acquiring or securing the use of all utilities and
infrastructure necessary to support the cabin site.
(2) No federal assistance.--The Secretary and the Secretary of
the Interior shall not provide any utilities or infrastructure to
the cabin site.
(h) Easements and Deed Restrictions.--
(1) In general.--Before conveying any cabin site under
subsection (e), the Secretary, with the concurrence of the
Secretary of the Interior, shall ensure that the deed of
conveyance--
(A) includes such easements and deed restrictions as are
determined, under subsection (c), to be necessary; and
(B) makes the easements and deed restrictions binding on
all subsequent purchasers of the cabin site.
(2) Reservation of rights.--The Secretary may reserve the
perpetual right, power, privilege, and easement to permanently
overflow, flood, submerge, saturate, percolate, or erode a cabin
site (or any portion of a cabin site) that the Secretary determines
is necessary in the operation of the Fort Peck Dam.
(i) No Conveyance of Unsuitable Cabin Sites.--A cabin site that is
determined to be unsuitable for conveyance under subsection (a)(2)(A)
shall not be conveyed by the Secretary or the Secretary of the Interior
under this section.
(j) Identification of Land for Exchange.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall identify
land that may be acquired that meets the purposes of this title
specified in paragraphs (1) through (4) of section 802 and for
which 1 or more willing sellers exist.
(2) Appraisal.--On a request by a willing seller, the Secretary
of the Interior shall appraise the land identified under paragraph
(1).
(3) Acquisition.--If the Secretary of the Interior determines
that the acquisition of the land would meet the purposes of this
title specified in paragraphs (1) through (4) of section 802, the
Secretary of the Interior shall cooperate with the willing seller
to facilitate the acquisition of the land in accordance with
section 807.
(4) Public participation.--The Secretary of the Interior shall
hold public hearings, and provide all interested parties with
notice and an opportunity to comment, on the activities carried out
under this section.
SEC. 805. RIGHTS OF NONPARTICIPATING LESSEES.
(a) Continuation of Lease.--
(1) In general.--A lessee that does not provide the Secretary
with an offer to acquire the cabin site of the lessee under section
804 (including a lessee who declines an offer of a comparable cabin
site under section 804(a)(3)) may elect to continue to lease the
cabin site for the remainder of the current term of the lease,
which, except as provided in paragraph (2), shall not be renewed or
otherwise extended.
(2) Expiration before 2010.--If the current term of a lessee
described in paragraph (1) expires or is scheduled to expire before
2010, the Secretary shall offer to extend or renew the lease
through 2010.
(b) Improvements.--Any improvements and personal property of the
lessee that are not removed from the cabin site before the termination
of the lease shall be considered property of the United States in
accordance with the provisions of the lease.
(c) Option To Purchase.--Subject to subsections (d) and (e) and
section 808(b), if at any time before termination of the lease, a
lessee described in subsection (a)(1)--
(1) notifies the Secretary of the intent of the lessee to
purchase the cabin site of the lessee; and
(2) pays for an updated appraisal of the cabin site in
accordance with section 804(c)(6);
the Secretary or, if necessary, the Secretary of the Interior shall
convey the cabin site to the lessee, by individual patent or deed, on
receipt of payment from the lessee for the cabin site of an amount
equal to the sum of the appraised fair market value of the cabin site,
as determined by the updated appraisal, and the administrative costs
required to be reimbursed under section 808.
(d) Easements and Deed Restrictions.--Before conveying any cabin
site under subsection (c), the Secretary, with the concurrence of the
Secretary of the Interior, shall ensure that the deed of conveyance--
(1) includes such easements and deed restrictions as are
determined, under section 804(c), to be necessary; and
(2) makes the easements and deed restrictions binding on all
subsequent purchasers of the cabin site.
(e) No Conveyance of Unsuitable Cabin Sites.--A cabin site that is
determined to be unsuitable for conveyance under subsection
804(a)(2)(A) shall not be conveyed by the Secretary or the Secretary of
the Interior under this section.
(f) Report.--Not later than July 1, 2003, the Secretary shall
submit to Congress a report that--
(1) describes progress made in implementing this title; and
(2) identifies cabin owners that have filed a notice of
interest under section 804(b) and have declined an opportunity to
acquire a comparable cabin site under section 804(a)(3).
SEC. 806. CONVEYANCE TO THIRD PARTIES.
(a) Conveyances to Third Parties.--As soon as practicable after the
expiration or surrender of a lease, the Secretary, with the concurrence
of the Secretary of the Interior, may offer for sale, by public
auction, written invitation, or other competitive sales procedure, and
at the fair market value of the cabin site determined under section
804(c)(6), any cabin site that--
(1) is not conveyed to a lessee under this title; and
(2) has not been determined to be unsuitable for conveyance
under section 804(a)(2)(A).
(b) Easements and Deed Restrictions.--Before conveying any cabin
site under subsection (a), the Secretary, with the concurrence of the
Secretary of the Interior, shall ensure that the deed of conveyance--
(1) includes such easements and deed restrictions as are
determined, under section 804(c), to be necessary; and
(2) makes the easements and deed restrictions binding on all
subsequent purchasers of the cabin site.
(c) Management of Remaining Land Within Cabin Site Areas.--
(1) Management by the secretary.--All land within the outer
boundaries of a cabin site area that is not conveyed under this Act
shall be managed by the Secretary, in consultation with the
Secretary of the Interior, in substantially the same manner as that
land is managed on the date of enactment of this Act and consistent
with the purposes for which the Refuge was established.
(2) Construction and development.--The Secretary shall not
initiate or authorize any development or construction on land under
paragraph (1) except with the concurrence of the Secretary of the
Interior.
SEC. 807. USE OF PROCEEDS.
(a) Proceeds.--All payments for the conveyance of cabin sites under
this title, except costs reimbursed to the Secretary under section
808(b)--
(1) shall be deposited in a special fund within the Montana
Fish and Wildlife Conservation Trust established under section 1007
of division C of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (112 Stat. 2681-715) (as
amended by title IV of H.R. 3425 of the 106th Congress, as enacted
by section 1000(a)(5) of Public Law 106-113 (113 Stat. 1536, 1501A-
307); and
(2) notwithstanding title X of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(112 Stat. 2681-710), shall be available for use by the Secretary
of the Interior, acting through the Director of the United States
Fish and Wildlife Service in the Director's sole discretion and
without further Act of appropriation, solely for the acquisition
from willing sellers of property that--
(A) is within or adjacent to the Refuge;
(B) would be suitable to carry out the purposes of this
title specified in paragraphs (1) through (4) of section 802;
and
(C) on acquisition by the Secretary of the Interior, would
be accessible to the general public for use in conducting
activities consistent with approved uses of the Refuge.
(b) Limitations.--
(1) In general.--To the extent practicable, acquisitions under
this title shall be of land within the Refuge.
(2) No effect on acquisition.--Nothing in this subsection
limits the ability of the Secretary of the Interior to acquire land
adjacent to the Refuge from a willing seller in cases in which the
Secretary of the Interior also acquires land within the Refuge from
the same willing seller.
SEC. 808. ADMINISTRATIVE COSTS.
(a) In General.--Except as provided in subsection (b), the
Secretary shall pay all administrative costs incurred in carrying out
this title.
(b) Reimbursement.--As a condition of the conveyance of any cabin
site area under this title, the Secretary or the Secretary of the
Interior--
(1) may require the party to whom the property is conveyed to
reimburse the Secretary or the Secretary of the Interior for a
reasonable portion, as determined by the Secretary or the Secretary
of the Interior, of the direct administrative costs (including
survey costs) incurred in carrying out conveyance activities under
this title, taking into consideration any cost savings achieved as
a result of the party's agreeing to purchase its cabin site as part
of a single transaction for the conveyance of multiple cabin sites;
and
(2) shall require the party to whom the property is conveyed to
reimburse the Association for a proportionate share of the costs
(including interest) incurred by the Association in carrying out
transactions under this title.
SEC. 809. REVOCATION OF WITHDRAWALS.
(a) In General.--Upon execution of any patent or deed, by the
Secretary or the Secretary of the Interior, conveying land as
specifically authorized by this title, any public land withdrawal
affecting the land described in the conveyance document as being
conveyed shall be revoked with respect to that land.
(b) Exclusions.--Nothing in this section affects--
(1) the status of any public land withdrawal on land retained
by the Secretary or the Secretary of the Interior;
(2) the boundary of the Refuge as established by Executive
Order No. 7509 (December 11, 1936); or
(3) enforcement of any right retained by the United States.
(c) Reinstatement.--If, at any time after the date of enactment of
this Act, the Secretary or the Secretary of the Interior reacquires
land conveyed under this title, any public land withdrawal revoked
under this section shall be reinstated with respect to the reacquired
land.
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
TITLE IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA
SEC. 901. SHORT TITLE.
This title may be cited as the ``Missouri River Restoration Act of
2000''.
SEC. 902. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Missouri River is--
(A) an invaluable economic, environmental, recreational,
and cultural resource to the people of the United States; and
(B) a critical source of water for drinking and irrigation;
(2) millions of people fish, hunt, and camp along the Missouri
River each year;
(3) thousands of sites of spiritual importance to Native
Americans line the shores of the Missouri River;
(4) the Missouri River provides critical wildlife habitat for
threatened and endangered species;
(5) in 1944, Congress approved the Pick-Sloan program--
(A) to promote the general economic development of the
United States;
(B) to provide for irrigation above Sioux City, Iowa;
(C) to protect urban and rural areas from devastating
floods of the Missouri River; and
(D) for other purposes;
(6) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams
were constructed on the Missouri River in South Dakota under the
Pick-Sloan program;
(7) the dams referred to in paragraph (6)--
(A) generate low-cost electricity for millions of people in
the United States;
(B) provide revenue to the Treasury; and
(C) provide flood control that has prevented billions of
dollars of damage;
(8) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams
have reduced the ability of the Missouri River to carry sediment
downstream, resulting in the accumulation of sediment in the
reservoirs known as Lake Oahe, Lake Sharpe, Lake Francis Case, and
Lewis and Clark Lake;
(9) the sediment depositions--
(A) cause shoreline flooding;
(B) destroy wildlife habitat;
(C) limit recreational opportunities;
(D) threaten the long-term ability of dams to provide
hydropower and flood control under the Pick-Sloan program;
(E) reduce water quality; and
(F) threaten intakes for drinking water and irrigation; and
(10) to meet the objectives established by Congress for the
Pick-Sloan program, it is necessary to establish a Missouri River
Restoration Program--
(A) to improve conservation;
(B) to reduce the deposition of sediment; and
(C) to take other steps necessary for proper management of
the Missouri River.
(b) Purposes.--The purposes of this title are--
(1) to reduce the siltation of the Missouri River in the State
of South Dakota;
(2) to meet the objectives of the Pick-Sloan program by
developing and implementing a long-term strategy--
(A) to improve conservation in the Missouri River
watershed;
(B) to protect recreation on the Missouri River from
sedimentation;
(C) to improve water quality in the Missouri River;
(D) to improve erosion control along the Missouri River;
and
(E) to protect Indian and non-Indian historical and
cultural sites along the Missouri River from erosion; and
(3) to meet the objectives described in paragraphs (1) and (2)
by developing and financing new programs in accordance with the
plan.
SEC. 903. 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 Flood Control 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 905(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 905(a).
(5) Trust.--The term ``Trust'' means the Missouri River Trust
established by section 904(a).
SEC. 904. 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. 905. 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 18 months 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--
(i) the Federal, State, and regional economies;
(ii) recreation;
(iii) hydropower generation;
(iv) fish and wildlife; and
(v) 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--
(A) the Secretary of Energy;
(B) the Secretary of the Interior;
(C) the Secretary of Agriculture;
(D) the State; and
(E) Indian tribes in the State.
(e) Plan for Use of Funds Made Available by This Title.--
(1) In general.--Not later than 3 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) and this
section.
(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 75
percent.
(B) Non-federal share.--The non-Federal share of the cost
of carrying out the assessment 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 75 percent.
(B) Non-federal share.--Not more than 50 percent of the
non-Federal share of the cost of preparing the plan 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 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 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
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 Secretary shall credit the non-
Federal interest for all contributions provided under
clause (ii)(I).
SEC. 906. 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 Flood
Control Act of December 22, 1944 (33 U.S.C. 701-1 et seq.; 58 Stat.
887).
(d) Use of Funds.--Funds transferred to the Trust may be used to
pay the non-Federal share required under Federal programs.
SEC. 907. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this title $10,000,000 for each of fiscal years
2001 through 2005. Such sums shall remain available until expended.
(b) Existing Programs.--The Secretary shall fund programs
authorized under the Pick-Sloan program in existence on the date of
enactment of this Act at levels that are not less than funding levels
for those programs as of that date.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.