[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2796 Engrossed in Senate (ES)]
106th CONGRESS
2d Session
S. 2796
_______________________________________________________________________
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.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small shore protection projects.
Sec. 103. Small navigation projects.
Sec. 104. Removal of snags and clearing and straightening of channels
in navigable waters.
Sec. 105. Small bank stabilization projects.
Sec. 106. Small flood control projects.
Sec. 107. Small projects for improvement of the quality of the
environment.
Sec. 108. Beneficial uses of dredged material.
Sec. 109. Small aquatic ecosystem restoration projects.
Sec. 110. Flood mitigation and riverine restoration.
Sec. 111. Disposal of dredged material on beaches.
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. Operation and maintenance of hydroelectric facilities.
Sec. 208. Interagency and international support.
Sec. 209. Reburial and conveyance authority.
Sec. 210. Approval of construction of dams and dikes.
Sec. 211. Project deauthorization authority.
Sec. 212. Floodplain management requirements.
Sec. 213. Environmental dredging.
Sec. 214. Regulatory analysis and management systems data.
Sec. 215. Performance of specialized or technical services.
Sec. 216. Hydroelectric power project funding.
Sec. 217. Assistance programs.
Sec. 218. Funding to process permits.
Sec. 219. Program to market dredged material.
Sec. 220. National Academy of Sciences studies.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Tennessee-Tombigbee Waterway Wildlife Mitigation Project,
Alabama and Mississippi.
Sec. 302. Boydsville, Arkansas.
Sec. 303. White River Basin, Arkansas and Missouri.
Sec. 304. Petaluma, California.
Sec. 305. Gasparilla and Estero Islands, Florida.
Sec. 306. Illinois River basin restoration, Illinois.
Sec. 307. Upper Des Plaines River and tributaries, Illinois.
Sec. 308. Atchafalaya Basin, Louisiana.
Sec. 309. Red River Waterway, Louisiana.
Sec. 310. Narraguagus River, Milbridge, Maine.
Sec. 311. William Jennings Randolph Lake, Maryland.
Sec. 312. Breckenridge, Minnesota.
Sec. 313. Missouri River Valley, Missouri.
Sec. 314. New Madrid County, Missouri.
Sec. 315. Pemiscot County Harbor, Missouri.
Sec. 316. Pike County, Missouri.
Sec. 317. Fort Peck fish hatchery, Montana.
Sec. 318. Sagamore Creek, New Hampshire.
Sec. 319. Passaic River Basin flood management, New Jersey.
Sec. 320. Rockaway Inlet to Norton Point, New York.
Sec. 321. John Day Pool, Oregon and Washington.
Sec. 322. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 323. Charleston Harbor, South Carolina.
Sec. 324. Savannah River, South Carolina.
Sec. 325. Houston-Galveston Navigation Channels, Texas.
Sec. 326. Joe Pool Lake, Trinity River basin, Texas.
Sec. 327. Lake Champlain watershed, Vermont and New York.
Sec. 328. Mount St. Helens, Washington.
Sec. 329. Puget Sound and adjacent waters restoration, Washington.
Sec. 330. Fox River System, Wisconsin.
Sec. 331. Chesapeake Bay oyster restoration.
Sec. 332. Great Lakes dredging levels adjustment.
Sec. 333. Great Lakes fishery and ecosystem restoration.
Sec. 334. Great Lakes remedial action plans and sediment remediation.
Sec. 335. Great Lakes tributary model.
Sec. 336. Treatment of dredged material from Long Island Sound.
Sec. 337. New England water resources and ecosystem restoration.
Sec. 338. Project deauthorizations.
Sec. 339. Bogue Banks, Carteret County, North Carolina.
TITLE IV--STUDIES
Sec. 401. Baldwin County, Alabama.
Sec. 402. Bono, Arkansas.
Sec. 403. Cache Creek Basin, California.
Sec. 404. Estudillo Canal watershed, California.
Sec. 405. Laguna Creek watershed, California.
Sec. 406. Oceanside, California.
Sec. 407. San Jacinto watershed, California.
Sec. 408. Choctawhatchee River, Florida.
Sec. 409. Egmont Key, Florida.
Sec. 410. Fernandina Harbor, Florida.
Sec. 411. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 412. Boise River, Idaho.
Sec. 413. Wood River, Idaho.
Sec. 414. Chicago, Illinois.
Sec. 415. Boeuf and Black, Louisiana.
Sec. 416. Port of Iberia, Louisiana.
Sec. 417. South Louisiana.
Sec. 418. St. John the Baptist Parish, Louisiana.
Sec. 419. Portland Harbor, Maine.
Sec. 420. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 421. Searsport Harbor, Maine.
Sec. 422. Merrimack River basin, Massachusetts and New Hampshire.
Sec. 423. Port of Gulfport, Mississippi.
Sec. 424. Upland disposal sites in New Hampshire.
Sec. 425. Southwest Valley, Albuquerque, New Mexico.
Sec. 426. Cuyahoga River, Ohio.
Sec. 427. Duck Creek Watershed, Ohio.
Sec. 428. Fremont, Ohio.
Sec. 429. Grand Lake, Oklahoma.
Sec. 430. Dredged material disposal site, Rhode Island.
Sec. 431. Chickamauga Lock and Dam, Tennessee.
Sec. 432. Germantown, Tennessee.
Sec. 433. Horn Lake Creek and Tributaries, Tennessee and Mississippi.
Sec. 434. Cedar Bayou, Texas.
Sec. 435. Houston Ship Channel, Texas.
Sec. 436. San Antonio Channel, Texas.
Sec. 437. Vermont dams remediation.
Sec. 438. White River watershed below Mud Mountain Dam, Washington.
Sec. 439. Willapa Bay, Washington.
Sec. 440. Upper Mississippi River basin sediment and nutrient study.
Sec. 441. Cliff Walk in Newport, Rhode Island.
Sec. 442. Quonset Point Channel reconnaissance study.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Lake Sidney Lanier, Georgia, home preservation.
Sec. 504. Conveyance of lighthouse, Ontonagon, Michigan.
Sec. 505. Land conveyance, Candy Lake, Oklahoma.
Sec. 506. Land conveyance, Richard B. Russell Dam and Lake, South
Carolina.
Sec. 507. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and
State of South Dakota terrestrial wildlife
habitat restoration.
Sec. 508. Export of water from Great Lakes.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
Sec. 601. Comprehensive Everglades Restoration Plan.
Sec. 602. Sense of the Senate concerning Homestead Air Force Base.
TITLE VII--MISSOURI RIVER PROTECTION AND IMPROVEMENT
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. Termination of wildlife designation.
Sec. 810. Authorization of appropriations.
TITLE IX--MISSOURI RIVER RESTORATION
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 shore protection, Barnegat Inlet to Little Egg
Inlet, New Jersey, 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) New york-new jersey harbor.--The project for
navigation, New York-New Jersey Harbor: 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) Projects Subject to a 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 $15,164,000, with
an estimated Federal cost of $8,238,000 and an estimated non-
Federal cost of $6,926,000.
(2) Unalaska harbor, alaska.--The project for navigation,
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.
(3) Rio de flag, arizona.--The project for flood damage
reduction, Rio de Flag, 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 environmental
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
control, Murrieta Creek, California, at a total cost of
$90,865,000, with an estimated Federal cost of $25,555,000 and
an estimated non-Federal cost of $65,310,000.
(7) Pine flat dam, california.--The project for fish and
wildlife 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) Ranchos palos verdes, california.--The project for
environmental restoration, Ranchos Palos Verdes, California, at
a total cost of $18,100,000, with an estimated Federal cost of
$11,800,000 and an estimated non-Federal cost of $6,300,000.
(9) Santa barbara streams, 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.
(10) Upper newport bay harbor, california.--The project for
environmental restoration, Upper Newport Bay Harbor,
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.
(11) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California, at
a total cost of $27,570,000, with an estimated Federal cost of
$17,920,000 and an estimated non-Federal cost of $9,650,000.
(12) Delaware coast from cape henlopen to fenwick island,
delaware.--The project for shore protection, Delaware Coast
from Cape Henlopen to Fenwick Island, Delaware, 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.
(13) Tampa harbor, florida.--Modification of the project
for navigation, Tampa Harbor, Florida, authorized by section 4
of the Act of September 22, 1922 (42 Stat. 1042, chapter 427),
to deepen the Port Sutton Channel, at a total cost of
$6,000,000, with an estimated Federal cost of $4,000,000 and an
estimated non-Federal cost of $2,000,000.
(14) John t. myers lock and dam, indiana and kentucky.--The
project for navigation, John T. Myers Lock and Dam, Ohio River,
Indiana and Kentucky, at a total cost of $182,000,000. The
costs of construction of the project shall be paid \1/2\ from
amounts appropriated from the general fund of the Treasury and
\1/2\ from amounts appropriated from the Inland Waterways Trust
Fund.
(15) Greenup lock and dam, kentucky.--The project for
navigation, Greenup Lock and Dam, Ohio River, Kentucky, 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) Morganza, louisiana, to gulf of mexico.--
(A) In general.--The project for hurricane
protection, 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 non-Federal interests shall
receive credit toward the non-Federal share of project
costs for the costs of any work carried out by the non-
Federal interests for interim flood protection after
March 31, 1989, if the Secretary finds that the work is
compatible with, and integral to, the project.
(17) Chesterfield, missouri.--The project to implement
structural and nonstructural measures to prevent flood damage
to Chesterfield, Missouri, and the surrounding area, at a total
cost of $67,700,000, with an estimated Federal cost of
$44,000,000 and an estimated non-Federal cost of $23,700,000.
(18) Raritan bay and sandy hook bay, port monmouth, new
jersey.--The project for shore protection, 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 $2,468,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $1,234,000 and an estimated
annual non-Federal cost of $1,234,000.
(19) Memphis, tennessee.--The project for ecosystem
restoration, Wolf River, Memphis, Tennessee, at a total cost of
$10,933,000, with an estimated Federal cost of $7,106,000 and
an estimated non-Federal cost of $3,827,000.
(20) Jackson hole, wyoming.--
(A) In general.--The project for environmental
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 non-Federal interest
shall receive credit toward the non-Federal
share of project costs for design and
construction work carried out by the non-
Federal interest before the date of execution
of a project cooperation agreement for the
project, if the Secretary finds that the work
is integral to the project.
(21) Ohio river.--
(A) In general.--The program for protection and
restoration of fish and wildlife habitat in and along
the main stem of the Ohio River, consisting of projects
described in a comprehensive plan, 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 the program may
be provided in cash or in the form of in-kind
services or materials.
(ii) Credit.--The non-Federal interest
shall receive credit toward the non-Federal
share of project costs for design and
construction work carried out by the non-
Federal interest before the date of execution
of a project cooperation agreement for the
project, if the Secretary finds that the work
is integral to the project.
SEC. 102. SMALL SHORE PROTECTION PROJECTS.
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 of 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.
SEC. 103. SMALL NAVIGATION PROJECTS.
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) Cape coral south spreader waterway, florida.--Project
for navigation, Cape Coral South Spreader Waterway, Lee County,
Florida.
(2) Houma navigation canal, louisiana.--Project for
navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(3) Vidalia port, louisiana.--Project for navigation,
Vidalia Port, Louisiana.
SEC. 104. REMOVAL OF SNAGS AND CLEARING AND STRAIGHTENING OF CHANNELS
IN NAVIGABLE WATERS.
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 3 of the Act of
March 2, 1945 (33 U.S.C. 604):
(1) Bayou manchac, louisiana.--Project for removal of snags
and clearing and straightening of channels for flood control,
Bayou Manchac, Ascension Parish, Louisiana.
(2) 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. 105. SMALL BANK STABILIZATION PROJECTS.
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) Bayou des glaises, louisiana.--Project for emergency
streambank protection, Bayou des Glaises (Lee Chatelain Road),
Avoyelles Parish, Louisiana.
(2) Bayou plaquemine, louisiana.--Project for emergency
streambank protection, Highway 77, Bayou Plaquemine, Iberville
Parish, Louisiana.
(3) Hammond, louisiana.--Project for emergency streambank
protection, Fagan Drive Bridge, Hammond, Louisiana.
(4) Iberville parish, louisiana.--Project for emergency
streambank protection, Iberville Parish, Louisiana.
(5) Lake arthur, louisiana.--Project for emergency
streambank protection, Parish Road 120 at Lake Arthur,
Louisiana.
(6) Lake charles, louisiana.--Project for emergency
streambank protection, Pithon Coulee, Lake Charles, Calcasieu
Parish, Louisiana.
(7) Loggy bayou, louisiana.--Project for emergency
streambank protection, Loggy Bayou, Bienville Parish,
Louisiana.
(8) Scotlandville bluff, louisiana.--Project for emergency
streambank protection, Scotlandville Bluff, East Baton Rouge
Parish, Louisiana.
SEC. 106. SMALL FLOOD CONTROL PROJECTS.
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) Weiser river, idaho.--Project for flood damage
reduction, Weiser River, Idaho.
(2) Bayou tete l'ours, louisiana.--Project for flood
control, Bayou Tete L'Ours, Louisiana.
(3) Bossier city, louisiana.--Project for flood control,
Red Chute Bayou levee, Bossier City, Louisiana.
(4) Braithwaite park, louisiana.--Project for flood
control, Braithwaite Park, Louisiana.
(5) Cane bend subdivision, louisiana.--Project for flood
control, Cane Bend Subdivision, Bossier Parish, Louisiana.
(6) Crown point, louisiana.--Project for flood control,
Crown Point, Louisiana.
(7) Donaldsonville canals, louisiana.--Project for flood
control, Donaldsonville Canals, Louisiana.
(8) Goose bayou, louisiana.--Project for flood control,
Goose Bayou, Louisiana.
(9) Gumby dam, louisiana.--Project for flood control, Gumby
Dam, Richland Parish, Louisiana.
(10) Hope canal, louisiana.--Project for flood control,
Hope Canal, Louisiana.
(11) Jean lafitte, louisiana.--Project for flood control,
Jean Lafitte, Louisiana.
(12) Lockport to larose, louisiana.--Project for flood
control, Lockport to Larose, Louisiana.
(13) Lower lafitte basin, louisiana.--Project for flood
control, Lower Lafitte Basin, Louisiana.
(14) Oakville to lareussite, louisiana.--Project for flood
control, Oakville to LaReussite, Louisiana.
(15) Pailet basin, louisiana.--Project for flood control,
Pailet Basin, Louisiana.
(16) Pochitolawa creek, louisiana.--Project for flood
control, Pochitolawa Creek, Louisiana.
(17) Rosethorn basin, louisiana.--Project for flood
control, Rosethorn Basin, Louisiana.
(18) Shreveport, louisiana.--Project for flood control,
Twelve Mile Bayou, Shreveport, Louisiana.
(19) Stephensville, louisiana.--Project for flood control,
Stephensville, Louisiana.
(20) St. john the baptist parish, louisiana.--Project for
flood control, St. John the Baptist Parish, Louisiana.
(21) Magby creek and vernon branch, mississippi.--Project
for flood control, Magby Creek and Vernon Branch, Lowndes
County, Mississippi.
(22) Fritz landing, tennessee.--Project for flood control,
Fritz Landing, Tennessee.
SEC. 107. 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) Bayou sauvage national wildlife refuge, louisiana.--
Project for improvement of the quality of the environment,
Bayou Sauvage National Wildlife Refuge, Orleans Parish,
Louisiana.
(2) Gulf intracoastal waterway, bayou plaquemine,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Bayou Plaquemine,
Iberville Parish, Louisiana.
(3) 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.
(4) Gulf intracoastal waterway, weeks bay, louisiana.--
Project for improvement of the quality of the environment, Gulf
Intracoastal Waterway, Weeks Bay, Iberia Parish, Louisiana.
(5) Lake fausse point, louisiana.--Project for improvement
of the quality of the environment, Lake Fausse Point,
Louisiana.
(6) Lake providence, louisiana.--Project for improvement of
the quality of the environment, Old River, Lake Providence,
Louisiana.
(7) New river, louisiana.--Project for improvement of the
quality of the environment, New River, Ascension Parish,
Louisiana.
(8) Erie county, ohio.--Project for improvement of the
quality of the environment, Sheldon's Marsh State Nature
Preserve, Erie County, Ohio.
(9) Mushingum county, ohio.--Project for improvement of the
quality of the environment, Dillon Reservoir watershed, Licking
River, Mushingum County, Ohio.
SEC. 108. 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) Ottawa county, ohio.--Project to protect, restore, and
create aquatic and related habitat using dredged material, East
Harbor State Park, Ottawa County, Ohio.
SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.
(a) In General.--The Secretary may carry out the following projects
under section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330):
(1) Braud bayou, louisiana.--Project for aquatic ecosystem
restoration, Braud Bayou, Spanish Lake, Ascension Parish,
Louisiana.
(2) Buras marina, louisiana.--Project for aquatic ecosystem
restoration, Buras Marina, Buras, Plaquemines Parish,
Louisiana.
(3) Comite river, louisiana.--Project for aquatic ecosystem
restoration, Comite River at Hooper Road, Louisiana.
(4) Department of energy 21-inch pipeline canal,
louisiana.--Project for aquatic ecosystem restoration,
Department of Energy 21-inch Pipeline Canal, St. Martin Parish,
Louisiana.
(5) Lake borgne, louisiana.--Project for aquatic ecosystem
restoration, southern shores of Lake Borgne, Louisiana.
(6) Lake martin, louisiana.--Project for aquatic ecosystem
restoration, Lake Martin, Louisiana.
(7) Luling, louisiana.--Project for aquatic ecosystem
restoration, Luling Oxidation Pond, St. Charles Parish,
Louisiana.
(8) Mandeville, louisiana.--Project for aquatic ecosystem
restoration, Mandeville, St. Tammany Parish, Louisiana.
(9) St. james, louisiana.--Project for aquatic ecosystem
restoration, St. James, Louisiana.
(10) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(11) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North Hampton,
New Hampshire.
(12) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain, Highland
County, Ohio.
(13) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(14) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
(15) Central amazon creek, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Oregon.
(16) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(17) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.
(18) Medford, oregon.--Project for aquatic ecosystem
restoration, Bear Creek watershed, Medford, Oregon.
(19) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
(b) Salmon River, Idaho.--
(1) Credit.--The non-Federal interests with respect to the
proposed project for aquatic ecosystem restoration, Salmon
River, Idaho, may receive credit toward the non-Federal share
of project costs for work, consisting of surveys, studies, and
development of technical data, that is carried out by the non-
Federal interests in connection with the project, if the
Secretary finds that the work is integral to the project.
(2) Maximum amount of credit.--The amount of the credit
under paragraph (1), together with other credit afforded, shall
not exceed the non-Federal share of the cost of the project
under section 206 of the Water Resources Development Act of
1996 (33 U.S.C. 2330).
SEC. 110. 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) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa.''.
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 Federal navigation projects as provided under
section 145 of the Water Resources Development Act of 1976 (33 U.S.C.
426j).''.
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''; and
(2) by inserting before the period at the end the
following: ``of the State or a body politic 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; and
``(2) the Willamette River basin, Oregon.
``(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
non-Federal interests may receive credit toward the
non-Federal share required under paragraph (1) for the
provision of services, materials, supplies, or other
in-kind contributions.
``(B) Maximum amount of credit.--Credit under
subparagraph (A) shall 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) Priority Projects.--In selecting water resources development
projects for study under this section, the Secretary shall give
priority to the project for the Tribal Reservation of the Shoalwater
Bay Indian Tribe on Willapa Bay, Washington, authorized by section
439(b).
(e) 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.--
(A) In general.--Subject to subparagraph (B), in
conducting studies of projects under subsection (b),
the Secretary may provide credit to the non-Federal
interest for the provision of services, studies,
supplies, or other in-kind contributions to the extent
that the Secretary determines that the services,
studies, supplies, and other in-kind contributions will
facilitate completion of the project.
(B) Maximum amount of credit.--Credit under
subparagraph (A) shall not exceed an amount equal to
the non-Federal share of the costs of the study.
(f) 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.--
``(A) In general.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with--
``(i) during the period ending on the date
on which revised criteria and procedures are
promulgated under subparagraph (B), criteria
and procedures in effect on the day before the
date of enactment of this subparagraph; and
``(ii) after the date on which revised
criteria and procedures are promulgated under
subparagraph (B), the revised criteria and
procedures promulgated under subparagraph (B).
``(B) Revised criteria and procedures.--Not later
than 18 months after the date of enactment of this
subparagraph, in accordance with paragraph (3), the
Secretary shall promulgate revised criteria and
procedures governing the ability of a non-Federal
interest to pay.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by adding ``and'' at
the end; and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) may consider additional criteria relating
to--
``(i) the financial ability of the non-
Federal interest to carry out its cost-sharing
responsibilities; or
``(ii) additional assistance that may be
available from other Federal or State
sources.''.
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 each fiscal year.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General Government
Appropriations Act, 1999 (Public Law 105-277; 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. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILITIES.
Section 314 of the Water Resources Development Act of 1990 (33
U.S.C. 2321) is amended in the first sentence by inserting before the
period at the end the following: ``in cases in which the activities
require specialized training relating to hydroelectric power
generation''.
SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234(d) of the Water Resources Development Act of 1996 (33
U.S.C. 2323a(d)) is amended--
(1) in the first sentence, by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in the second sentence, by inserting ``out'' after
``carry''.
SEC. 209. 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 full 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. 210. APPROVAL OF CONSTRUCTION OF DAMS AND DIKES.
Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is amended--
(1) by inserting ``(a) In General.--'' before ``It shall'';
(2) by striking ``However, such structures'' and inserting
the following:
``(b) Waterways Within a Single State.--Notwithstanding subsection
(a), structures described in subsection (a)'';
(3) by striking ``When plans'' and inserting the following:
``(c) Modification of Plans.--When plans'';
(4) by striking ``The approval'' and inserting the
following:
``(d) Applicability.--
``(1) Bridges and causeways.--The approval''; and
(5) in subsection (d) (as designated by paragraph (4)), by
adding at the end the following:
``(2) Dams and dikes.--
``(A) In general.--The approval required by this
section of the location and plans, or any modification
of plans, of any dam or dike, applies only to a dam or
dike that, if constructed, would completely span a
waterway used to transport interstate or foreign
commerce, in such a manner that actual, existing
interstate or foreign commerce could be adversely
affected.
``(B) Other dams and dikes.--Any dam or dike (other
than a dam or dike described in subparagraph (A)) that
is proposed to be built in any other navigable water of
the United States--
``(i) shall be subject to section 10; and
``(ii) shall not be subject to the approval
requirements of this section.''.
SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.
Section 1001 of the Water Resources Development Act of 1986 (33
U.S.C. 579a) is amended to read as follows:
``SEC. 1001. PROJECT DEAUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction', with respect
to a project or separable element, means--
``(A) in the case of--
``(i) a nonstructural flood control
project, the acquisition of land, an easement,
or a right-of-way primarily to relocate a
structure; and
``(ii) in the case of any other
nonstructural measure, the performance of
physical work under a construction contract;
``(B) in the case of an environmental protection
and restoration project--
``(i) the acquisition of land, an easement,
or a right-of-way primarily to facilitate the
restoration of wetland or a similar habitat; or
``(ii) the performance of physical work
under a construction contract to modify an
existing project facility or to construct a new
environmental protection and restoration
measure; and
``(C) in the case of any other water resources
project, the performance of physical work under a
construction contract.
``(2) Physical work under a construction contract.--The
term `physical work under a construction contract' does not
include any activity related to project planning, engineering
and design, relocation, or the acquisition of land, an
easement, or a right-of-way.
``(b) Projects Never Under Construction.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements of
projects that--
``(A) are authorized for construction; and
``(B) for which no Federal funds were obligated for
construction during the 4 full fiscal years preceding
the date of submission of the list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, authorized for
construction shall be deauthorized effective at the end of the
7-year period beginning on the date of the most recent
authorization or reauthorization of the project or separable
element unless Federal funds have been obligated for
preconstruction engineering and design or for construction of
the project or separable element by the end of that period.
``(c) Projects for Which Construction Has Been Suspended.--
``(1) List of projects.--
``(A) In general.--The Secretary shall annually
submit to Congress a list of projects and separable
elements of projects--
``(i) that are authorized for construction;
``(ii) for which Federal funds have been
obligated for construction of the project or
separable element; and
``(iii) for which no Federal funds have
been obligated for construction of the project
or separable element during the 2 full fiscal
years preceding the date of submission of the
list.
``(B) Projects with initial placement of fill.--The
Secretary shall not include on a list submitted under
subparagraph (A) any shore protection project with
respect to which there has been, before the date of
submission of the list, any placement of fill unless
the Secretary determines that the project no longer has
a willing and financially capable non-Federal interest.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, for which
Federal funds have been obligated for construction shall be
deauthorized effective at the end of any 5-fiscal year period
during which Federal funds specifically identified for
construction of the project or separable element (in an Act of
Congress or in the accompanying legislative report language)
have not been obligated for construction.
``(d) Congressional Notifications.--Upon submission of the lists
under subsections (b)(1) and (c)(1), the Secretary shall notify each
Senator in whose State, and each Member of the House of Representatives
in whose district, the affected project or separable element is or
would be located.
``(e) Final Deauthorization List.--The Secretary shall publish
annually in the Federal Register a list of all projects and separable
elements deauthorized under subsection (b)(2) or (c)(2).
``(f) Effective Date.--Subsections (b)(2) and (c)(2) take effect 1
year after the date of enactment of this subsection.''.
SEC. 212. 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))--
(A) by inserting ``that non-Federal interests shall
adopt and enforce'' after ``policies'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) require non-Federal interests to take
measures 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. 213. 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.''.
SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYSTEMS DATA.
(a) In General.--Beginning October 1, 2000, the Secretary, acting
through the Chief of Engineers, shall publish, on the Army Corps of
Engineers' Regulatory Program website, quarterly reports that include
all Regulatory Analysis and Management Systems (RAMS) data.
(b) Data.--Such RAMS data shall include--
(1) the date on which an individual or nationwide permit
application under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is first received by the Corps;
(2) the date on which the application is considered
complete;
(3) the date on which the Corps either grants (with or
without conditions) or denies the permit; and
(4) if the application is not considered complete when
first received by the Corps, a description of the reason the
application was not considered complete.
SEC. 215. 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 a Department of
Defense agency), State, or local government of the United States 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 end 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 a Department of Defense
agency), State, or local government of the United States 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. 216. 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. 217. 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. 218. FUNDING TO PROCESS PERMITS.
(a) 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) In carrying out this section, the Secretary shall ensure that
the use of such funds as authorized in subsection (a) will result in
improved efficiencies in permit evaluation and will not impact
impartial decisionmaking in the permitting process.
SEC. 219. PROGRAM TO MARKET DREDGED MATERIAL.
(a) Short Title.--This section may be cited as the ``Dredged
Material Reuse Act''.
(b) Finding.--Congress finds that the Secretary of the Army should
establish a program to reuse dredged material--
(1) to ensure the long-term viability of disposal capacity
for dredged material; and
(2) to encourage the reuse of dredged material for
environmental and economic purposes.
(c) Definition.--In this Act, the term ``Secretary'' means the
Secretary of the Army, acting through the Chief of Engineers.
(d) Program for Reuse of Dredged Material.--
(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 subsection (a) unless a determination is made
that such program is in the interest of the United States and
is economically justified, equitable, and environmentally
acceptable.
(3) Regional responsibility.--The program described in
subsection (a) 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 submit to Congress a report on the
program established under subsection (a).
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this Act $2,000,000 for each
fiscal year.
SEC. 220. NATIONAL ACADEMY OF SCIENCES STUDIES.
(a) Definitions.--In this section:
(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 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
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, to
remain available until expended.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE MITIGATION PROJECT,
ALABAMA AND MISSISSIPPI.
(a) 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.--From 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
dredge 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
outgrant 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 outgrants are necessary to address transportation,
utility, and related activities. The Secretary shall insure full
mitigation for any wildlife habitat value lost as a result of such sale
or outgrant. 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. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of the
costs 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
relevant planning and engineering investigations carried out by State
and local agencies, if the Secretary finds that the investigations are
integral to the scope of the feasibility study.
SEC. 303. 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 Act of June 28,
1938 (52 Stat. 1218, chapter 795), 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 submit to Congress the final report referred to in
paragraph (1).
(3) Contents.--The 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. 304. PETALUMA, CALIFORNIA.
(a) In General.--The Secretary may complete the project for flood
damage reduction, Petaluma River, Petaluma, California, substantially
in accordance with the Detailed Project Report approved March 1995, at
a total cost of $32,226,000, with an estimated Federal cost of
$20,647,000 and an estimated non-Federal cost of $11,579,000.
(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 non-Federal interest shall receive credit toward
the non-Federal share of project costs for design and construction work
carried out by the non-Federal interest before the date of modification
of the existing project cooperation agreement or execution of a new
project cooperation agreement, if the Secretary determines that the
work is integral to the project.
SEC. 305. 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. 306. ILLINOIS RIVER BASIN RESTORATION, ILLINOIS.
(a) Definition of Illinois River Basin.--In this section, the term
``Illinois River basin'' means the Illinois River, Illinois, its
backwaters, side channels, and all tributaries, including their
watersheds, draining into the Illinois River.
(b) Comprehensive Plan.--
(1) Development.--As expeditiously as practicable, the
Secretary shall develop 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 Illinois
River 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 and the State of Illinois.
(5) Report to congress.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a report containing the comprehensive plan.
(6) Additional studies and analyses.--After submission of
the 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
$20,000,000.
(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--
(A) providing advance notice of meetings;
(B) providing adequate opportunity for public input
and comment;
(C) maintaining appropriate records; and
(D) 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
Department of Agriculture of the State of Illinois.
(9) National Buffer Initiative of the Natural Resources
Conservation Service.
(10) Nonpoint source grant program administered by the
Environmental Protection Agency of the State of Illinois.
(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.--
(A) In general.--The value of in-kind services
provided by the non-Federal interest for a project or
activity carried out under this section may be credited
toward not more than 80 percent of the non-Federal
share of the cost of the project or activity.
(B) Items included.--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, including 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 land.--If the Secretary determines
that land or an interest in land acquired by a non-
Federal interest, regardless of the date of
acquisition, is integral to a project or activity
carried out under this section, the Secretary may
credit the value of the land or interest in land toward
the non-Federal share of the cost of the project or
activity, as 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, as
determined by the Secretary.
SEC. 307. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of the
costs 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 costs of work carried out by the non-
Federal interests in Lake County, Illinois, before the date of
execution of the feasibility study cost-sharing agreement, if--
(1) the Secretary and the non-Federal interests enter into
a feasibility study cost-sharing agreement; and
(2) the Secretary finds that the work is integral to the
scope of the feasibility study.
SEC. 308. 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, in collaboration with the State of Louisiana,
initiate 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 under section
103(c) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(c)).
SEC. 309. 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. 310. NARRAGUAGUS RIVER, MILBRIDGE, MAINE.
(a) Redesignation.--The project for navigation, Narraguagus River,
Milbridge, Maine, authorized by section 101 of the River and Harbor Act
of 1962 (76 Stat. 1173), is modified to redesignate as anchorage the
portion of the 11-foot channel described as follows: beginning 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.
(b) Reauthorization.--The Secretary shall maintain as anchorage the
portions of the project for navigation, Narraguagus River, Milbridge,
Maine, authorized by section 2 of the Act of June 14, 1880 (21 Stat.
195, chapter 211), that lie adjacent to and outside the limits of the
11-foot and 9-foot channels and that are described as follows:
(1) The area located east of the 11-foot channel beginning
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.
(2) The area located west of the 9-foot channel beginning
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.
SEC. 311. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
The Secretary--
(1) 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); and
(2) shall require the non-Federal interest to provide 50
percent of the costs of designing and constructing the
recreational facilities.
SEC. 312. 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 non-Federal interest shall receive credit toward
the non-Federal share of project costs for design and construction work
carried out by the non-Federal interest before the date of modification
of the existing project cooperation agreement or execution of a new
project cooperation agreement, if the Secretary determines that the
work is integral to the project.
SEC. 313. MISSOURI RIVER VALLEY, MISSOURI.
(a) Short Title.--This section may be cited as the ``Missouri River
Valley Improvement Act''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) Lewis and Clark were pioneering naturalists
that recorded dozens of species previously unknown to
science while ascending the Missouri River in 1804;
(B) the Missouri River, which is 2,321 miles long,
drains \1/6\ of the United States, is home to
approximately 10,000,000 people in 10 States and 28
Native American tribes, and is a resource of
incalculable value to the United States;
(C) the construction of dams, levees, and river
training structures in the past 150 years has aided
navigation, flood control, and water supply along the
Missouri River, but has reduced habitat for native
river fish and wildlife;
(D) river organizations, including the Missouri
River Basin Association, support habitat restoration,
riverfront revitalization, and improved operational
flexibility so long as those efforts do not
significantly interfere with uses of the Missouri
River; and
(E) restoring a string of natural places by the
year 2004 would aid native river fish and wildlife,
reduce flood losses, enhance recreation and tourism,
and celebrate the bicentennial of Lewis and Clark's
voyage.
(2) Purposes.--The purposes of this section are--
(A) to protect, restore, and enhance the fish,
wildlife, and plants, and the associated habitats on
which they depend, of the Missouri River;
(B) to restore a string of natural places that aid
native river fish and wildlife, reduce flood losses,
and enhance recreation and tourism;
(C) to revitalize historic riverfronts to improve
quality of life in riverside communities and attract
recreation and tourism;
(D) to monitor the health of the Missouri River and
measure biological, chemical, geological, and
hydrological responses to changes in Missouri River
management;
(E) to allow the Corps of Engineers increased
authority to restore and protect fish and wildlife
habitat on the Missouri River;
(F) to protect and replenish cottonwoods, and their
associated riparian woodland communities, along the
upper Missouri River; and
(G) to educate the public about the economic,
environmental, and cultural importance of the Missouri
River and the scientific and cultural discoveries of
Lewis and Clark.
(c) Definition of Missouri River.--In this section, the term
``Missouri River'' means the Missouri River and the adjacent floodplain
that extends from the mouth of the Missouri River (RM 0) to the
confluence of the Jefferson, Madison, and Gallatin Rivers (RM 2341) in
the State of Montana.
(d) Authority To Protect, Enhance, and Restore Fish and Wildlife
Habitat.--Section 9(b) of the Act of December 22, 1944 (58 Stat. 891,
chapter 665), is amended--
(1) by striking ``(b) The general'' and inserting the
following:
``(b) Comprehensive Plan.--
``(1) In general.--The general'';
(2) by striking ``paragraph'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(2) Fish and wildlife habitat.--In addition to carrying
out the duties under the comprehensive plan described in
paragraph (1), the Chief of Engineers shall protect, enhance,
and restore fish and wildlife habitat on the Missouri River to
the extent consistent with other authorized project
purposes.''.
(e) Integration of Activities.--
(1) In general.--In carrying out this section and in
accordance with paragraph (2), the Secretary shall provide for
such activities as are necessary to protect and enhance fish
and wildlife habitat without adversely affecting--
(A) the water-related needs of the Missouri River
basin, including flood control, navigation, hydropower,
water supply, and recreation; and
(B) private property rights.
(2) New authority.--Nothing in this section confers any new
regulatory authority on any Federal or non-Federal entity that
carries out any activity under this section.
(f) Missouri River Mitigation Project.--The matter under the
heading ``missouri river mitigation, missouri, kansas, iowa, and
nebraska'' of section 601(a) of the Water Resources Development Act of
1986 (100 Stat. 4143) is amended by adding at the end the following:
``There is authorized to be appropriated to carry out this paragraph
$20,000,000 for each of fiscal years 2001 through 2010, contingent on
the completion by December 31, 2000, of the study under this
heading.''.
(g) Upper Missouri River Aquatic and Riparian Habitat Mitigation
Program.--
(1) In general.--
(A) Study.--Not later than 2 years after the date
of enactment of this Act, the Secretary, through an
interagency agreement with the Director of the United
States Fish and Wildlife Service and in accordance with
the Fish and Wildlife Conservation Act of 1980 (16
U.S.C. 2901 et seq.), shall complete a study that--
(i) analyzes any adverse effects on aquatic
and riparian-dependent fish and wildlife
resulting from the operation of the Missouri
River Mainstem Reservoir Project in the States
of Nebraska, South Dakota, North Dakota, and
Montana;
(ii) recommends measures appropriate to
mitigate the adverse effects described in
clause (i); and
(iii) develops baseline geologic and
hydrologic data relating to aquatic and
riparian habitat.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the study
under subparagraph (A).
(2) Pilot program.--The Secretary, in consultation with the
Director of the United States Fish and Wildlife Service and the
affected State fish and wildlife agencies, shall develop and
administer a pilot mitigation program that--
(A) involves the experimental releases of warm
water from the spillways at Fort Peck Dam during the
appropriate spawning periods for native fish;
(B) involves the monitoring of the response of fish
to and the effectiveness of the preservation of native
fish and wildlife habitat of the releases described in
subparagraph (A); and
(C) shall not adversely impact a use of the
reservoir existing on the date on which the pilot
program is implemented.
(3) Reservoir fish loss study.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in
consultation with the North Dakota Game and Fish
Department and the South Dakota Department of Game,
Fish and Parks, shall complete a study to analyze and
recommend measures to avoid or reduce the loss of fish,
including rainbow smelt, through Garrison Dam in North
Dakota and Oahe Dam in South Dakota.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the study
under subparagraph (A).
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary--
(A) to complete the study required under paragraph
(3), $200,000; and
(B) to carry out the other provisions of this
subsection, $1,000,000 for each of fiscal years 2001
through 2010.
(h) Missouri and Middle Mississippi Rivers Enhancement Project.--
Section 514 of the Water Resources Development Act of 1999 (113 Stat.
342) is amended by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to pay the Federal share of the cost of carrying out
activities under this section $5,000,000 for each of fiscal years 2001
through 2004.''.
SEC. 314. NEW MADRID COUNTY, MISSOURI.
(a) In General.--The project for navigation, New Madrid County
Harbor, New Madrid County, Missouri, authorized 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.--
(1) In general.--The Secretary shall provide credit to the
non-Federal interests for the costs incurred by the non-Federal
interests in carrying out construction work for phase 1 of the
project, if the Secretary finds that the construction work is
integral to phase 2 of the project.
(2) Maximum amount of credit.--The amount of the credit
under paragraph (1) shall not exceed the required non-Federal
share for the project.
SEC. 315. PEMISCOT COUNTY HARBOR, MISSOURI.
(a) Credit.--With respect to the project for navigation, Pemiscot
County Harbor, Missouri, authorized under section 107 of the River and
Harbor Act of 1960 (33 U.S.C. 577), the Secretary shall provide credit
to the Pemiscot County Port Authority, or an agent of the authority,
for the costs incurred by the Authority or agent in carrying out
construction work for the project after December 31, 1997, if the
Secretary finds that the construction work is integral to the project.
(b) Maximum Amount of Credit.--The amount of the credit under
subsection (a) shall not exceed the required non-Federal share for the
project, estimated as of the date of enactment of this Act to be
$222,000.
SEC. 316. PIKE COUNTY, MISSOURI.
(a) In General.--Subject to subsections (c) and (d), at such time
as S.S.S., Inc. conveys all right, title, and interest in and to the
parcel of land described in subsection (b)(1) 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 subsection (b)(2) to
S.S.S., Inc.
(b) Land Description.--The parcels of land referred to in
subsection (a) are the following:
(1) 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.
(2) 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.
(c) Conditions.--The land exchange under subsection (a) shall be
subject to the following conditions:
(1) Deeds.--
(A) Non-federal land.--The conveyance of the parcel
of land described in subsection (b)(1) to the Secretary
shall be by a warranty deed acceptable to the
Secretary.
(B) Federal land.--The instrument of conveyance
used to convey the parcel of land described in
subsection (b)(2) 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.
(2) Removal of improvements.--
(A) 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
subsection (b)(1).
(B) No liability.--If S.S.S., Inc., voluntarily or
under direction from the Secretary, removes an
improvement on the parcel of land described in
subsection (b)(1)--
(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.
(3) Time limit for land exchange.--Not later than 2 years
after the date of enactment of this Act, the land exchange
under subsection (a) shall be completed.
(4) Legal description.--The Secretary shall provide legal
descriptions of the parcels of land described in subsection
(b), which shall be used in the instruments of conveyance of
the parcels.
(5) Administrative costs.--The Secretary shall require
S.S.S., Inc. to pay reasonable administrative costs associated
with the land exchange under subsection (a).
(d) 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 subsection (a) 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 that subsection,
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.
SEC. 317. 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:
(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.--
(i) In general.--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.
(ii) 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
subparagraphs (B) and (C), 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.
(C) Power.--The Secretary shall offer to the
hatchery project low-cost project power for all
hatchery operations.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section--
(A) $20,000,000; and
(B) such sums as are necessary to carry out
subsection (e)(2)(B).
(2) Availability of funds.--Sums made available under
paragraph (1) shall remain available until expended.
SEC. 318. SAGAMORE CREEK, NEW HAMPSHIRE.
The Secretary shall carry out maintenance dredging of the Sagamore
Creek Channel, New Hampshire.
SEC. 319. 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
emphasize 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 20
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 18 members to the
task force, as follows:
(i) 2 representatives of the New Jersey
legislature who are members of different
political parties.
(ii) 1 representative of the State of New
Jersey.
(iii) 1 representative of each of Bergen,
Essex, Morris, and Passaic Counties, New
Jersey.
(iv) 6 representatives of governments of
municipalities affected by flooding within the
Passaic River Basin.
(v) 1 representative of the Palisades
Interstate Park Commission.
(vi) 1 representative of the North Jersey
District Water Supply Commission.
(vii) 1 representative of each of--
(I) the Association of New Jersey
Environmental Commissions;
(II) the Passaic River Coalition;
and
(III) the Sierra Club.
(C) Appointment by governor of new york.--The
Governor of New York shall appoint 1 representative of
the State of New York to the task force.
(3) Meetings.--
(A) Regular meetings.--The task force shall hold
regular meetings.
(B) Open meetings.--The meetings of the task force
shall be open to the public.
(4) Annual report.--The task force shall submit annually to
the Secretary and to the non-Federal interest a report
describing the achievements of the Passaic River flood
management project in preventing flooding and any impediments
to completion of the project.
(5) Expenditure of funds.--The Secretary may use funds made
available to carry out the Passaic River Basin flood management
project to pay the administrative expenses of the task force.
(6) Termination.--The task force shall terminate on the
date on which the Passaic River flood management project is
completed.
(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).
(j) Conforming Amendment.--Section 101(a)(18) of the Water
Resources Development Act of 1990 (104 Stat. 4607) is amended in the
paragraph heading by striking ``main stem,'' and inserting ``flood
management project,''.
SEC. 320. 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.
SEC. 321. 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 deg. 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. 322. 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 non-Federal interest
shall receive credit toward the non-Federal share of project costs, or
reimbursement, 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. 323. 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 non-Federal interest shall receive credit for
the value of any land, easement, right-of-way,
relocation, or dredged material disposal area 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. 324. SAVANNAH RIVER, SOUTH CAROLINA.
(a) Definition of New Savannah Bluff Lock and Dam.--In this
section, the term ``New Savannah Bluff Lock and Dam'' means--
(1) the lock and dam at New Savannah Bluff, Savannah River,
Georgia and South Carolina; and
(2) the appurtenant features to the lock and dam,
including--
(A) 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, chapter 847) and the first
section of the Act of August 30, 1935 (49 Stat. 1032,
chapter 831); and
(B) other land that is part of the project and that
the Secretary determines to be appropriate for
conveyance under this section.
(b) Repair and Conveyance.--After execution of an agreement between
the Secretary and the city of North Augusta and Aiken County, South
Carolina, the Secretary--
(1) shall repair and rehabilitate the New Savannah Bluff
Lock and Dam, at full Federal expense estimated at $5,300,000;
and
(2) 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.
(c) 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 subsection (b).
(d) Operation and Maintenance.--
(1) Before conveyance.--Before the conveyance under
subsection (b), the Secretary shall continue to operate and
maintain the New Savannah Bluff Lock and Dam.
(2) After conveyance.--After the conveyance under
subsection (b), operation and maintenance of all features of
the project for navigation, Savannah River below Augusta,
Georgia, described in subsection (a)(2)(A), other than the New
Savannah Bluff Lock and Dam, shall continue to be a Federal
responsibility.
SEC. 325. HOUSTON-GALVESTON NAVIGATION CHANNELS, TEXAS.
(a) In General.--Subject to the completion, not later than December
31, 2000, of a favorable report by the Chief of Engineers, the project
for navigation and environmental restoration, Houston-Galveston
Navigation Channels, Texas, authorized by section 101(a)(30) of the
Water Resources Development Act of 1996 (110 Stat. 3666), is modified
to authorize the Secretary to design and construct barge lanes adjacent
to both sides of the Houston Ship Channel from Redfish Reef to Morgan
Point, a distance of approximately 15 miles, to a depth of 12 feet, at
a total cost of $34,000,000, with an estimated Federal cost of
$30,600,000 and an estimated non-Federal cost of $3,400,000.
(b) Cost Sharing.--The non-Federal interest shall pay a portion of
the costs of construction of the barge lanes under subsection (a) in
accordance with section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
(c) Federal Interest.--If the modification under subsection (a) is
in compliance with all applicable environmental requirements, the
modification shall be considered to be in the Federal interest.
(d) No Authorization of Maintenance.--No maintenance is authorized
to be carried out for the modification under subsection (a).
SEC. 326. JOE POOL LAKE, TRINITY RIVER BASIN, TEXAS.
(a) In General.--The Secretary shall enter into an agreement with
the city of Grand Prairie, Texas, under which the city agrees to assume
all responsibilities of the Trinity River Authority of the State of
Texas under Contract No. DACW63-76-C-0166, other than financial
responsibilities, except the responsibility described in subsection
(d).
(b) Responsibilities of Trinity River Authority.--The Trinity River
Authority shall be relieved of all financial responsibilities under the
contract described in subsection (a) as of the date on which the
Secretary enters into the agreement with the city under that
subsection.
(c) Payments by City.--In consideration of the agreement entered
into under subsection (a), the city shall pay the Federal Government
$4,290,000 in 2 installments--
(1) 1 installment in the amount of $2,150,000, which shall
be due and payable not later than December 1, 2000; and
(2) 1 installment in the amount of $2,140,000, which shall
be due and payable not later than December 1, 2003.
(d) Operation and Maintenance Costs.--The agreement entered into
under subsection (a) shall include a provision requiring the city to
assume responsibility for all costs associated with operation and
maintenance of the recreation facilities included in the contract
described in that subsection.
SEC. 327. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
(a) Definitions.--In this section:
(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 State director 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, State directors
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
critical restoration project;
(B) to acquire any land, easements, rights-of-way,
relocations, and dredged material disposal areas
necessary to carry out the critical restoration
project;
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the critical restoration project;
and
(D) to hold the United States harmless from any
claim or damage that may arise from carrying out the
critical restoration 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
critical restoration project.
(B) Credit for land, easements, and rights-of-
way.--The non-Federal interest shall receive credit for
the value of any land, easement, right-of-way,
relocation, or dredged material disposal area provided
for carrying out the critical restoration 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 critical restoration 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. 328. MOUNT ST. HELENS, WASHINGTON.
The project for sediment control, Mount St. Helens, Washington,
authorized by the matter under the heading ``transfer of federal
townsites'' in 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 entitled ``Mount St. Helens, Washington, Decision
Document (Toutle, Cowlitz, and Columbia Rivers)'', published as House
Document No. 135, 99th Congress, signed by the Chief of Engineers, and
endorsed and submitted to Congress by the Acting Assistant Secretary of
the Army.
SEC. 329. 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
critical restoration 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 critical
restoration projects for implementation under this section, the
Secretary shall consult with, and give full consideration to
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 critical
restoration 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 critical
restoration 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
critical restoration project;
(B) to acquire any land, easements, rights-of-way,
relocations, and dredged material disposal areas
necessary to carry out the critical restoration
project;
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the critical restoration project;
and
(D) to hold the United States harmless from any
claim or damage that may arise from carrying out the
critical restoration 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 non-Federal interest shall
receive credit for the value of any land, easement,
right-of-way, relocation, or dredged material disposal
area provided for carrying out the critical restoration
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 $20,000,000, of which not more
than $5,000,000 may be used to carry out any 1 critical restoration
project.
SEC. 330. 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 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. 331. 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''; and
(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--
``(A) which reefs shall be 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
``(B) for assistance in the construction of which
reefs the Chief of Engineers shall solicit
participation by and the services of commercial
watermen.''.
SEC. 332. 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. 333. 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:
(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 non-Federal interest shall receive credit for
the value of any land, easement, right-of-way,
relocation, or dredged material disposal area 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) $8,000,000 for each of fiscal years 2002 through 2006.
SEC. 334. 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 2010.''.
SEC. 335. GREAT LAKES TRIBUTARY MODEL.
Section 516 of the Water Resources Development Act of 1996 (33
U.S.C. 2326b) is amended--
(1) in subsection (e), by adding at the end the following:
``(3) Cost sharing.--The non-Federal share of the costs of
developing a tributary sediment transport model under this
subsection shall be 50 percent.''; and
(2) in subsection (g)--
(A) by striking ``There is authorized'' and
inserting the following:
``(1) In general.--There is authorized''; and
(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 2001 through 2008.''.
SEC. 336. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND SOUND.
(a) In General.--Not later than December 31, 2002, the Secretary
shall carry out a demonstration project 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 (such as
projects carried out in the State of New York, New Jersey, or
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); or
(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) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 337. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION.
(a) Definitions.--In this section:
(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 l, 2002, the Secretary
shall submit to Congress a report on the assessment.
(c) Restoration Plans.--
(1) In general.--After the report is submitted 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) submit 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 submitted
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 critical restoration
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 critical restoration 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 critical restoration 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 non-Federal interest shall receive
credit 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)
$2,000,000 for each of fiscal years 2001 through 2005.
(2) Critical restoration projects.--There is authorized to
be appropriated to carry out subsection (d) $30,000,000.
SEC. 338. PROJECT DEAUTHORIZATIONS.
The following projects or portions of projects are not authorized
after the date of enactment of this Act:
(1) 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), is not authorized after the date
of enactment of this Act: 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.
(2) Wallabout channel, brooklyn, new york.--
(A) In general.--The northeastern portion of the
project for navigation, Wallabout Channel, Brooklyn,
New York, authorized by the Act of March 3, 1899 (30
Stat. 1124, chapter 425), 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).
(3) 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.
(4) Warwick cove, rhode island.--The portion of the project
for navigation, Warwick Cove, Rhode Island, authorized under
section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577), which 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.
SEC. 339. BOGUE BANKS, CARTERET COUNTY, NORTH CAROLINA.
(a) Definition of Beaches.--In this section, the term ``beaches''
means the following beaches located in Carteret County, North Carolina:
(1) Atlantic Beach.
(2) Pine Knoll Shores Beach.
(3) Salter Path Beach.
(4) Indian Beach.
(5) Emerald Isle Beach.
(b) Renourishment Study.--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.
TITLE IV--STUDIES
SEC. 401. 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. 402. BONO, ARKANSAS.
The Secretary shall conduct a study to determine the feasibility
of, and need for, a reservoir and associated improvements to provide
for flood control, recreation, water quality, and fish and wildlife in
the vicinity of Bono, Arkansas.
SEC. 403. 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. 404. ESTUDILLO CANAL WATERSHED, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
constructing flood control measures in the Estudillo Canal watershed,
San Leandro, Calfornia.
SEC. 405. LAGUNA CREEK WATERSHED, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
constructing flood control measures in the Laguna Creek watershed,
Fremont, California, to provide a 100-year level of flood protection.
SEC. 406. OCEANSIDE, CALIFORNIA.
Not later than 32 months after the date of enactment of this Act,
the Secretary shall conduct a special study, at full 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. 407. 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. 408. CHOCTAWHATCHEE RIVER, FLORIDA.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in dredging the mouth of the Choctawhatchee River,
Florida, to remove the sand plug.
SEC. 409. 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. 410. FERNANDINA HARBOR, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
realigning the access channel in the vicinity of the Fernandina Beach
Municipal Marina as part of project for navigation, Fernandina,
Florida, authorized by the first section of the Act of June 14, 1880
(21 Stat. 186, chapter 211).
SEC. 411. 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. 412. BOISE RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out multi-objective flood control activities along the Boise
River, Idaho.
SEC. 413. WOOD RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out multi-objective flood control and flood mitigation
planning projects along the Wood River in Blaine County, Idaho.
SEC. 414. CHICAGO, ILLINOIS.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out projects for water-related urban
improvements, including infrastructure development and improvements, in
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. 415. 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. 416. PORT OF IBERIA, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
constructing navigation improvements for ingress and egress between the
Port of Iberia, Louisiana, and the Gulf of Mexico, including channel
widening and deepening.
SEC. 417. SOUTH LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
constructing projects for hurricane protection in the coastal area of
the State of Louisiana between Morgan City and the Pearl River.
SEC. 418. ST. JOHN THE BAPTIST PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
constructing urban flood control measures on the east bank of the
Mississippi River in St. John the Baptist Parish, Louisiana.
SEC. 419. PORTLAND HARBOR, MAINE.
The Secretary shall conduct a study to determine the adequacy of
the channel depth at Portland Harbor, Maine.
SEC. 420. 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. 421. SEARSPORT HARBOR, MAINE.
The Secretary shall conduct a study to determine the adequacy of
the channel depth at Searsport Harbor, Maine.
SEC. 422. 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. 423. 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)--
(1) to widen the channel from 300 feet to 450 feet; and
(2) to deepen the South Harbor channel from 36 feet to 42
feet and the North Harbor channel from 32 feet to 36 feet.
SEC. 424. 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. 425. 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. 426. CUYAHOGA RIVER, OHIO.
Section 438 of the Water Resources Development Act of 1996 (110
Stat. 3746) is amended to read as follows:
``SEC. 438. CUYAHOGA RIVER, OHIO.
``(a) In General.--The Secretary shall--
``(1) conduct a study to evaluate the structural integrity
of the bulkhead system located on the Federal navigation
channel along the Cuyahoga River near Cleveland, Ohio; and
``(2) provide to the non-Federal interest design analysis,
plans and specifications, and cost estimates for repair or
replacement of the bulkhead system.
``(b) Cost Sharing.--The non-Federal share of the cost of the study
shall be 35 percent.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.''.
SEC. 427. 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. 428. 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. 429. 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) not later than 180 days after the date of enactment of
this Act, submit 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; 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. 430. 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. 431. 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 the funds
described in subsection (a) to the Secretary.
SEC. 432. 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) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of the
feasibility study under subsection (a) shall not exceed 25
percent.
(2) Non-federal share.--The Secretary--
(A) shall credit toward the non-Federal share of
the costs of the feasibility study the value of the in-
kind services provided by the non-Federal interests
relating to the planning, engineering, and design of
the project, whether carried out before or after
execution of the feasibility study cost-sharing
agreement; and
(B) for the purposes of subparagraph (A), shall
consider the feasibility study to be conducted as part
of the Memphis Metro Tennessee and Mississippi study
authorized by resolution of the Committee on
Transportation and Infrastructure, dated March 7, 1996.
SEC. 433. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND MISSISSIPPI.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying 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 provide a high level of urban flood protection to development along
Horn Lake Creek.
(b) Required Element.--The study shall include a limited
reevaluation of the project to determine the appropriate design, as
desired by the non-Federal interests.
SEC. 434. CEDAR BAYOU, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
constructing a 12-foot-deep and 125-foot-wide channel from the Houston
Ship Channel to Cedar Bayou, mile marker 11, Texas.
SEC. 435. HOUSTON SHIP CHANNEL, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
constructing barge lanes adjacent to both sides of the Houston Ship
Channel from Bolivar Roads to Morgan Point, Texas, to a depth of 12
feet.
SEC. 436. SAN ANTONIO CHANNEL, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for San Antonio Channel improvement, Texas,
authorized by section 203 of the Flood Control Act of 1954 (68 Stat.
1259), and modified by section 103 of the Water Resources Development
Act of 1976 (90 Stat. 2921), to add environmental restoration and
recreation as project purposes.
SEC. 437. VERMONT DAMS REMEDIATION.
(a) In General.--The Secretary shall--
(1) 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); and
(2) 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).
(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 the study
under subsection (a) shall be 35 percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.
SEC. 438. WHITE RIVER WATERSHED BELOW MUD MOUNTAIN DAM, WASHINGTON.
(a) Review.--The Secretary shall review the report of the Chief of
Engineers on the Upper Puyallup River, Washington, dated 1936,
authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1591,
chapter 688), the Puget Sound and adjacent waters report authorized by
section 209 of the Flood Control Act of 1962 (76 Stat. 1197), and other
pertinent reports, to determine whether modifications to the
recommendations contained in the reports are advisable to provide
improvements to the water resources and watershed of the White River
watershed downstream of Mud Mountain Dam, Washington.
(b) Issues.--In conducting the review under subsection (a), the
Secretary shall review, with respect to the Lake Tapps community and
other parts of the watershed--
(1) constructed and natural environs;
(2) capital improvements;
(3) water resource infrastructure;
(4) ecosystem restoration;
(5) flood control;
(6) fish passage;
(7) collaboration by, and the interests of, regional
stakeholders;
(8) recreational and socioeconomic interests; and
(9) other issues determined by the Secretary.
SEC. 439. 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 Indian 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 Indian Tribe on Willapa Bay, Washington, at full
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 Indian Tribe.
(2) Land, easements, and rights-of-way.--As a condition of
the project described in paragraph (1), the Shoalwater Bay
Indian Tribe shall provide land, easements, rights-of-way, and
dredged material disposal areas necessary for the
implementation of the project.
SEC. 440. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY.
(a) In General.--The Secretary, in conjunction with the Secretary
of Agriculture and the Secretary of the Interior, 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 relevant 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 submit 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 submit 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 $5,000,000 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. 441. 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. 442. QUONSET POINT CHANNEL RECONNAISSANCE STUDY.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in dredging the Quonset Point navigation channel in
Narragansett Bay, Rhode Island.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. 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 ``at
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. 502. 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, to the maximum extent practicable and in
accordance with applicable law, integrate 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 each of fiscal
years 2002 through 2005.
SEC. 503. LAKE SIDNEY LANIER, GEORGIA, HOME PRESERVATION.
(a) Definitions.--In this section:
(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 Act of July 24, 1946 (60 Stat. 635,
chapter 595).
(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
promulgate 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 prior to 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 fully 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. 504. CONVEYANCE OF LIGHTHOUSE, ONTONAGON, MICHIGAN.
(a) In General.--The Secretary may convey to the Ontonagon County
Historical Society, at full Federal expense--
(1) the lighthouse at Ontonagon, Michigan; and
(2) the land underlying and adjacent to the lighthouse
(including any improvements on the land) that is under the
jurisdiction of the Secretary.
(b) Map.--The Secretary shall--
(1) determine--
(A) the extent of the land conveyance under this
section; and
(B) the exact acreage and legal description of the
land to be conveyed under this section; and
(2) prepare a map that clearly identifies any land to be
conveyed.
(c) Conditions.--The Secretary may--
(1) obtain all necessary easements and rights-of-way; and
(2) impose such terms, conditions, reservations, and
restrictions on the conveyance;
as the Secretary determines to be necessary to protect the public
interest.
(d) 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 section.
(e) Responsibilities After Conveyance.--After the conveyance of
land under this section, the Ontonagon County Historical Society shall
be responsible for any additional operation, maintenance, repair,
rehabilitation, or replacement costs associated with--
(1) the lighthouse; or
(2) the conveyed land and improvements.
(f) Applicability of Environmental Law.--Nothing in this section
affects the potential liability of any person under any applicable
environmental law.
SEC. 505. LAND CONVEYANCE, CANDY LAKE, OKLAHOMA.
Section 563(c) of the Water Resources Development Act of 1999 (113
Stat. 357) is amended--
(1) in paragraph (1)(B), by striking ``a deceased'' and
inserting ``an''; and
(2) by adding at the end the following:
``(4) Costs of nepa compliance.--The Federal Government
shall assume the costs of any Federal action under this
subsection that is carried out for the purpose of section 102
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
SEC. 506. LAND CONVEYANCE, RICHARD B. RUSSELL DAM AND LAKE, SOUTH
CAROLINA.
Section 563 of the Water Resources Development Act of 1999 (113
Stat. 355) is amended by striking subsection (i) and inserting the
following:
``(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.
``(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 binding
agreement 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.''.
SEC. 507. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT
RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration.--Section 602 of the
Water Resources Development Act of 1999 (113 Stat. 385) 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) 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) 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) 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)), by inserting ``and''
after the semicolon; and
(ii) in subparagraph (D) (as redesignated
by subparagraph (B)), 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 (commonly known as the `Flood Control Act of
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) 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 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 (commonly
known as the `Flood Control Act of 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) 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) 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) 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)), 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) 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. 508. 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 by
redesignating paragraphs (2) and (3) as paragraphs (3) and (4), and 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 the Congress.--It is the Sense of the 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.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.
(a) Definitions.--In this section:
(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.
(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--
(I) the preconstruction engineering
and design phase; and
(II) 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, after notice
and opportunity for public comment and in accordance with
subsection (h), complete 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 receives 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--
(i) with the concurrence of--
(I) the Governor; and
(II) the Secretary of the Interior;
and
(ii) in consultation with--
(I) the Seminole Tribe of Florida;
(II) the Miccosukee Tribe of
Indians of Florida;
(III) the Administrator of the
Environmental Protection Agency;
(IV) the Secretary of Commerce; and
(V) 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.--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.
(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) 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 THE SENATE CONCERNING HOMESTEAD AIR FORCE BASE.
(a) In General.--(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, the Senate 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) the Senate 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) the Senate 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 the Senate.--It is the sense of the Senate that--
(1) development at the Homestead site could potentially
cause significant air, water, and noise pollution and result in
the degradation of adjacent national parks and other protected
Federal resources;
(2) in their decisionmaking, the Federal agencies charged
with determining the reuse of the remaining property at the
Homestead base should carefully consider and weigh all
available information concerning potential environmental
impacts of various reuse options;
(3) the redevelopment of the former base should be
consistent with restoration goals, provide desirable numbers of
jobs and economic redevelopment for the community, and be
consistent with other applicable laws;
(4) consistent with applicable laws, the Secretary of the
Air Force should proceed as quickly as practicable to issue a
final SEIS and Record of Decision so that reuse of the former
air base can proceed expeditiously;
(5) following conveyance of the remaining surplus property,
the Secretary, as part of his oversight for Everglades
restoration, should cooperate with the entities to which the
various parcels of surplus property were conveyed so that the
planned use of those properties is implemented in such a manner
as to remain consistent with the goals of the Everglades
restoration plan; and
(6) by August 1, 2002, the Secretary should submit a report
to the appropriate committees of Congress on actions taken and
make any recommendations for consideration by Congress.
TITLE VII--MISSOURI RIVER PROTECTION AND IMPROVEMENT
SEC. 701. SHORT TITLE.
This title shall be known 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:
(1) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program authorized by
section 9 of the Act of December 22, 1944 (58 Stat. 891,
chapter 665).
(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 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--
(A) section 221 of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b); and
(B) 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 under
subsection (d) may be provided in the form of services,
materials, or other in-kind contributions.
(2) Plan.--
(A) Federal share.--The Federal share of the cost
of preparing the plan under subsection (e) shall be 75
percent.
(B) Non-federal share.--Not more than 50 percent of
the non-Federal share of the cost of preparing the plan
under subsection (e) may be provided in the form of
services, materials, or other in-kind contributions.
(3) Critical restoration projects.--
(A) In general.--A non-Federal cost share shall be
required to carry out any critical restoration project
under subsection (f) that does not primarily benefit
the Federal Government, as determined by the Task
Force.
(B) Federal share.--The Federal share of the cost
of carrying out a critical restoration project under
subsection (f) for which the Task Force requires a non-
Federal cost share under subparagraph (A) shall be 65
percent, not to exceed $5,000,000 for any critical
restoration project.
(C) Non-federal share.--
(i) In general.--Not more than 50 percent
of the non-Federal share of the cost of
carrying out a critical restoration project
described in subparagraph (B) may be provided
in the form of services, materials, or other
in-kind contributions.
(ii) Required non-federal contributions.--
For any critical restoration project described
in subparagraph (B), the non-Federal interest
shall--
(I) provide all land, easements,
rights-of-way, dredged material
disposal areas, and relocations;
(II) pay all operation,
maintenance, replacement, repair, and
rehabilitation costs; and
(III) hold the United States
harmless from all claims arising from
the construction, operation, and
maintenance of the project.
(iii) Credit.--The non-Federal interest
shall receive credit for all contributions
provided under clause (ii)(I).
SEC. 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 Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et
seq.).
(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) Initial Funding.--There is authorized to be appropriated to the
Secretary to carry out this title $4,000,000 for each of fiscal years
2001 through 2004, to 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, in
consultation 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:
(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 Army Corps of Engineers;
(ii) located in or near the eastern portion
of Fort Peck Lake, Montana; and
(iii) leased for individual 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 access to the
cabin site; and
(ii) the right to reconstruct, operate, and
maintain an easement described in clause (i).
(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, as determined by the
Secretary with the concurrence of the Secretary of the
Interior.
(4) Lessee.--The term ``lessee'' means a person that is
leasing a cabin site.
(5) Refuge.--The term ``Refuge'' means the Charles M.
Russell National Wildlife Refuge in 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 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 lease site 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) with the concurrence of the Secretary of the
Interior, determine individual cabin sites that are not
suitable for conveyance to a lessee--
(i) because the sites are isolated so that
conveyance of 1 or more of the sites would
create an inholding that would impair
management of the Refuge; or
(ii) for any other reason that adversely
impacts the future habitability of the 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)(A) and the
portion of administrative costs that would be paid 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
another 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 shall--
(1) determine whether any small parcel of land contiguous
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 determines 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) with the concurrence of the Secretary of the Interior,
determine which covenants or deed restrictions, if any, should
be placed on a cabin site before conveyance out of Federal
ownership, including any covenant or deed restriction that is
required to comply with--
(A) the Act of May 18, 1938 (16 U.S.C. 833 et
seq.);
(B) laws (including regulations) applicable to
management of the Refuge; and
(C) any other laws (including regulations) for
which compliance is necessary to--
(i) ensure the maintenance of existing and
adequate public access to and along Fort Peck
Lake; and
(ii) limit future uses of a cabin site to--
(I) noncommercial, single-family
use; and
(II) the type and intensity of use
of the cabin site made on the date of
enactment of this Act, as limited by
terms of any lease applicable to the
cabin site in effect on that date; 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 sites; and
(C) takes into consideration any covenant or other
restriction determined to be necessary under paragraph
(5) and subsection (h).
(d) Consultation and Public Involvement.--The Secretary shall--
(1) carry out subsections (b) and (c) in consultation
with--
(A) the Secretary of the Interior;
(B) affected lessees;
(C) affected counties in the State of Montana; and
(D) 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 shall convey a cabin site by individual patent or
deed to the lessee under this title--
(1) if each 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 for the cabin site from
the lessee in an amount equal to the appraised fair market
value of the cabin site as determined in accordance with
subsection (c)(6).
(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--
(A) shall not construct any road for the sole
purpose of providing access to land sold 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 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 sold under this
section.
(g) Utilities and Infrastructure.--
(1) In general.--The purchaser of a cabin site shall be
responsible for the acquisition of all utilities and
infrastructure necessary to support the cabin site.
(2) No federal assistance.--The Secretary shall not provide
any utilities or infrastructure to the cabin site.
(h) Covenants and Deed Restrictions.--
(1) In general.--Before conveying any cabin site under
subsection (e), the Secretary, in consultation with the
Secretary of the Interior, shall ensure that the title to the
cabin site includes such covenants and deed restrictions as are
determined, under subsection (c), to be necessary to make
binding on all subsequent purchasers of the cabin site any
other covenants or deed restrictions in the title to 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)
shall not be conveyed by the Secretary 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
paragraphs (1) through (4) of section 802 and for which a
willing seller exists.
(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 paragraphs (1) through (4) of section 802, the
Secretary of the Interior shall cooperate with the willing
seller to facilitate the acquisition of the property 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 site in accordance
with section 804(c)(6);
the Secretary shall convey the cabin site to the lessee, by individual
patent or deed, on receipt of payment for the site from the lessee in
an amount equal to the appraised fair market value of the cabin site as
determined by the updated appraisal.
(d) Covenants and Deed Restrictions.--Before conveying any cabin
site under subsection (c), the Secretary, in consultation with the
Secretary of the Interior, shall ensure that the title to the cabin
site includes such covenants and deed restrictions as are determined,
under section 804(c), to be necessary to make binding on all subsequent
purchasers of the cabin site any other covenants or deed restrictions
in the title to 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)
shall not be conveyed by the Secretary 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 Act; 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, in consultation with
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).
(b) Covenants and Deed Restrictions.--Before conveying any cabin
site under subsection (a), the Secretary shall ensure that the title to
the cabin site includes such covenants and deed restrictions as are
determined, under section 804(c), to be necessary to make binding on
all subsequent purchasers of the cabin site any other covenants or deed
restrictions contained in the title to the cabin site.
(c) Conveyance to Association.--On the completion of all individual
conveyances of cabin sites under this title (or at such prior time as
the Secretary determines would be practicable based on the location of
property to be conveyed), the Secretary shall convey to the Association
all land within the outer boundaries of cabin site areas that are not
conveyed to lessees under this title at fair market value based on an
appraisal carried out in accordance with the Uniform Appraisal
Standards for Federal Land Acquisition.
SEC. 807. USE OF PROCEEDS.
(a) Proceeds.--All payments for the conveyance of cabin sites under
this title, except costs collected by the Secretary under section
808(b), shall be deposited in a special fund in the Treasury for use by
the Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service and without further Act of
appropriation, solely for the acquisition from willing sellers of
property that--
(1) is within or adjacent to the Refuge;
(2) would be suitable to carry out the purposes of this Act
described in paragraphs (1) through (4) of section 802; and
(3) 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) Limitation.--To the maximum extent practicable, acquisitions
under this title shall be of land within the Refuge boundary.
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--
(1) may require the party to whom the property is conveyed
to reimburse the Secretary for a reasonable portion, as
determined by the Secretary, of the administrative costs
(including survey costs), incurred in carrying out this title,
with such portion to be described in the notice provided to the
Association and lessees under section 804(a)(2); 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 Act.
SEC. 809. TERMINATION OF WILDLIFE DESIGNATION.
None of the land conveyed under this title shall be designated, or
shall remain designated as, part of the National Wildlife Refuge
System.
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
SEC. 901. SHORT TITLE.
This title shall be known 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:
(1) Committee.--The term ``Committee'' means the Executive
Committee appointed under section 904(d).
(2) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program authorized by
section 9 of the Act of December 22, 1944 (58 Stat. 891,
chapter 665).
(3) 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).
(4) State.--The term ``State'' means the State of South
Dakota.
(5) Task force.--The term ``Task Force'' means the Missouri
River Task Force established by section 905(a).
(6) 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--
(A) section 221 of the Flood Control Act of 1970
(42 U.S.C. 1962d-5b); and
(B) 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 under
subsection (d) may be provided in the form of services,
materials, or other in-kind contributions.
(2) Plan.--
(A) Federal share.--The Federal share of the cost
of preparing the plan under subsection (e) shall be 75
percent.
(B) Non-federal share.--Not more than 50 percent of
the non-Federal share of the cost of preparing the plan
under subsection (e) may be provided in the form of
services, materials, or other in-kind contributions.
(3) Critical restoration projects.--
(A) In general.--A non-Federal cost share shall be
required to carry out any critical restoration project
under subsection (f) that does not primarily benefit
the Federal Government, as determined by the Task
Force.
(B) Federal share.--The Federal share of the cost
of carrying out a critical restoration project under
subsection (f) for which the Task Force requires a non-
Federal cost share under subparagraph (A) shall be 65
percent, not to exceed $5,000,000 for any critical
restoration project.
(C) Non-federal share.--
(i) In general.--Not more than 50 percent
of the non-Federal share of the cost of
carrying out a critical restoration project
described in subparagraph (B) may be provided
in the form of services, materials, or other
in-kind contributions.
(ii) Required non-federal contributions.--
For any critical restoration project described
in subparagraph (B), the non-Federal interest
shall--
(I) provide all land, easements,
rights-of-way, dredged material
disposal areas, and relocations;
(II) pay all operation,
maintenance, replacement, repair, and
rehabilitation costs; and
(III) hold the United States
harmless from all claims arising from
the construction, operation, and
maintenance of the project.
(iii) Credit.--The non-Federal interest
shall receive credit for all contributions
provided under clause (ii)(I).
SEC. 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 Act
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et
seq.).
(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) Initial Funding.--There is authorized to be appropriated to the
Secretary to carry out this title $4,000,000 for each of fiscal years
2001 through 2010, to 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.
Passed the Senate September 25 (legislative day, September
22), 2000.
Attest:
Secretary.
106th CONGRESS
2d Session
S. 2796
_______________________________________________________________________
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.