[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2796 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 2796
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 27, 2000
Mr. Voinovich (for himself, Mr. Smith of New Hampshire, and Mr. Baucus)
introduced the following bill; which was read twice and referred to the
Committee on Environment and Public Works
_______________________________________________________________________
A BILL
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.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Boydsville, Arkansas.
Sec. 302. White River Basin, Arkansas and Missouri.
Sec. 303. Gasparilla and Estero Islands, Florida.
Sec. 304. Fort Hall Indian Reservation, Idaho.
Sec. 305. Upper Des Plaines River and tributaries, Illinois.
Sec. 306. Morganza, Louisiana.
Sec. 307. Red River Waterway, Louisiana.
Sec. 308. William Jennings Randolph Lake, Maryland.
Sec. 309. New Madrid County, Missouri.
Sec. 310. Pemiscot County Harbor, Missouri.
Sec. 311. Pike County, Missouri.
Sec. 312. Fort Peck fish hatchery, Montana.
Sec. 313. Mines Falls Park, New Hampshire.
Sec. 314. Sagamore Creek, New Hampshire.
Sec. 315. Passaic River Basin flood management, New Jersey.
Sec. 316. Rockaway Inlet to Norton Point, New York.
Sec. 317. John Day Pool, Oregon and Washington.
Sec. 318. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.
Sec. 320. Lake Champlain watershed, Vermont and New York.
Sec. 321. Mount St. Helens, Washington.
Sec. 322. Puget Sound and adjacent waters restoration, Washington.
Sec. 323. Fox River System, Wisconsin.
Sec. 324. Chesapeake Bay oyster restoration.
Sec. 325. Great Lakes dredging levels adjustment.
Sec. 326. Great Lakes fishery and ecosystem restoration.
Sec. 327. Great Lakes remedial action plans and sediment remediation.
Sec. 328. Great Lakes tributary model.
Sec. 329. Treatment of dredged material from Long Island Sound.
Sec. 330. New England water resources and ecosystem restoration.
Sec. 331. Project deauthorizations.
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. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 411. Boise River, Idaho.
Sec. 412. Wood River, Idaho.
Sec. 413. Chicago, Illinois.
Sec. 414. Boeuf and Black, Louisiana.
Sec. 415. Port of Iberia, Louisiana.
Sec. 416. South Louisiana.
Sec. 417. St. John the Baptist Parish, Louisiana.
Sec. 418. Narraguagus River, Milbridge, Maine.
Sec. 419. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 420. Merrimack River Basin, Massachusetts and New Hampshire.
Sec. 421. Port of Gulfport, Mississippi.
Sec. 422. Upland disposal sites in New Hampshire.
Sec. 423. Missouri River basin, North Dakota, South Dakota, and
Nebraska.
Sec. 424. Cuyahoga River, Ohio.
Sec. 425. Fremont, Ohio.
Sec. 426. Grand Lake, Oklahoma.
Sec. 427. Dredged material disposal site, Rhode Island.
Sec. 428. Chickamauga Lock and Dam, Tennessee.
Sec. 429. Germantown, Tennessee.
Sec. 430. Horn Lake Creek and Tributaries, Tennessee and Mississippi.
Sec. 431. Cedar Bayou, Texas.
Sec. 432. Houston Ship Channel, Texas.
Sec. 433. San Antonio Channel, Texas.
Sec. 434. White River watershed below Mud Mountain Dam, Washington.
Sec. 435. Willapa Bay, Washington.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.
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 project for water
resources development and conservation and other purposes is authorized
to be carried out by the Secretary substantially in accordance with the
plans, and subject to the conditions, described in the designated
report: The project for navigation, New York-New Jersey Harbor: Report
of the Chief of Engineers dated May 2, 2000, at a total cost of
$1,781,235,000, with an estimated Federal cost of $738,631,000 and an
estimated non-Federal cost of $1,042,604,000.
(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 $15,000,000, with
an estimated Federal cost of $10,000,000 and an estimated non-
Federal cost of $5,000,000.
(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
$26,400,000, with an estimated Federal cost of $17,100,000 and
an estimated non-Federal cost of $9,300,000.
(4) Tres rios, arizona.--The project for environmental
restoration, Tres Rios, Arizona, at a total cost of
$90,000,000, with an estimated Federal cost of $58,000,000 and
an estimated non-Federal cost of $32,000,000.
(5) Los angeles harbor, california.--The project for
navigation, Los Angeles Harbor, California, at a total cost of
$168,900,000, with an estimated Federal cost of $44,000,000 and
an estimated non-Federal cost of $124,900,000.
(6) Murrieta creek, california.--The project for flood
control, Murrieta Creek, California, at a total cost of
$43,100,000, with an estimated Federal cost of $27,800,000 and an
estimated non-Federal cost of $15,300,000.
(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 $17,100,000, with an
estimated Federal cost of $8,600,000 and an estimated non-
Federal cost of $8,500,000.
(10) Upper newport bay harbor, california.--The project for
environmental restoration, Upper Newport Bay Harbor,
California, at a total cost of $28,280,000, with an estimated
Federal cost of $18,390,000 and an estimated non-Federal cost
of $9,890,000.
(11) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California, at
a total cost of $26,000,000, with an estimated Federal cost of
$16,900,000 and an estimated non-Federal cost of $9,100,000.
(12) 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
$7,245,000, with an estimated Federal cost of $4,709,000 and an
estimated non-Federal cost of $2,536,000.
(13) Barbers point harbor, oahu, hawaii.--The project for
navigation, Barbers Point Harbor, Oahu, Hawaii, at a total cost
of $51,000,000, with an estimated Federal cost of $21,000,000
and an estimated non-Federal cost of $30,000,000.
(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 $183,000,000. 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.
(16) Morganza, louisiana, to gulf of mexico.--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.
(17) 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.
(18) Raritan bay and sandy hook bay, cliffwood beach, new
jersey.--The project for shore protection, Raritan Bay and
Sandy Hook Bay, Cliffwood Beach, New Jersey, at a total cost of
$5,219,000, with an estimated Federal cost of $3,392,000 and an
estimated non-Federal cost of $1,827,000, and at an estimated
average annual cost of $110,000 for periodic nourishment over
the 50-year life of the project, with an estimated annual
Federal cost of $55,000 and an estimated annual non-Federal
cost of $55,000.
(19) 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
$30,081,000, with an estimated Federal cost of $19,553,000 and
an estimated non-Federal cost of $10,528,000, 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.
(20) 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.
(21) Jackson hole, wyoming.--
(A) In general.--The project for environmental
restoration, Jackson Hole, Wyoming, at a total cost of
$100,000,000, with an estimated Federal cost of
$65,000,000 and an estimated non-Federal cost of
$35,000,000.
(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.
(22) Ohio river.--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 $200,000,000, with an
estimated Federal cost of $160,000,000 and an estimated non-
Federal cost of $40,000,000.
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) Houma navigation canal, louisiana.--Project for
navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(2) 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.
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) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North Hampton,
New Hampshire.
(11) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain, Highland
County, Ohio.
(12) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(13) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
(14) Central amazon creek, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Oregon.
(15) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(16) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.
(17) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
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 the Delaware River basin.
``(e) Acceptance of Contributions.--In carrying out an assessment
under subsection (a), the Secretary may accept contributions, in cash
or in kind, from Federal, tribal, State, interstate, and local
governmental entities to the extent that the Secretary determines that
the contributions will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section shall be
50 percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the
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--
(1) the project along the upper Snake River within and
adjacent to the Fort Hall Indian Reservation, Idaho, authorized
by section 304; and
(2) the project for the Tribal Reservation of the
Shoalwater Bay Indian Tribe on Willapa Bay, Washington,
authorized by section 435(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, 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
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.--The Secretary shall annually
submit to Congress a list of projects and separable elements of
projects--
``(A) that are authorized for construction;
``(B) for which Federal funds have been obligated
for construction of the project or separable element;
and
``(C) 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.
``(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 3
years 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.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. 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. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
Section 374 of the Water Resources Development Act of 1999 (113
Stat. 321) is amended--
(1) in subsection (a), by striking ``the following'' and
all that follows and inserting ``the amounts of project storage
that are recommended by the report required under subsection
(b).''; and
(2) in subsection (b)--
(A) in paragraph (1), by inserting before the
period at the end the following: ``and does not
significantly impact other authorized project
purposes'';
(B) in paragraph (2), by striking ``2000'' and
inserting ``2002''; and
(C) in paragraph (3)--
(i) by inserting ``and to what extent''
after ``whether'';
(ii) in subparagraph (A), by striking
``and'' at the end;
(iii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iv) by adding at the end the following:
``(C) project storage should be reallocated to
sustain the tail water trout fisheries.''.
SEC. 303. 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. 304. FORT HALL INDIAN RESERVATION, IDAHO.
(a) In General.--The Secretary shall carry out planning,
engineering, and design of an adaptive ecosystem restoration, flood
damage reduction, and erosion protection project along the upper Snake
River within and adjacent to the Fort Hall Indian Reservation, Idaho.
(b) Project Justification.--Notwithstanding any other provision of
law or requirement for economic justification, the Secretary may
construct and adaptively manage for 10 years, at full Federal expense,
a project under this section if the Secretary determines that the
project--
(1) is a cost-effective means of providing ecosystem
restoration, flood damage reduction, and erosion protection;
(2) is environmentally acceptable and technically feasible;
and
(3) will improve the economic and social conditions of the
Shoshone-Bannok Indian Tribe.
(c) Land, Easements, and Rights-of-Way.--As a condition of the
project described in subsection (a), the Shoshone-Bannock Indian Tribe
shall provide land, easements, and rights-of-way necessary for
implementation of the project.
SEC. 305. 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. 306. MORGANZA, LOUISIANA.
The Secretary shall credit toward the non-Federal share of the
project costs of the Mississippi River and tributaries, Morganza,
Louisiana, to the Gulf of Mexico, project, authorized under section
101(b)(16), 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.
SEC. 307. 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. 308. 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. 309. 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. 310. 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. 311. 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. 312. 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. 313. MINES FALLS PARK, NEW HAMPSHIRE.
(a) In General.--The Secretary may carry out dredging of Mines
Falls Park, New Hampshire.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 314. SAGAMORE CREEK, NEW HAMPSHIRE.
The Secretary shall carry out maintenance dredging of the Sagamore
Creek Channel, New Hampshire.
SEC. 315. 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 cost-
effective, 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. 316. 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. 317. 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' file numbers:
(1) Auditor's File Numbers 101244 and 1234170 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. 318. 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. 319. 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. 320. 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 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. 321. 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. 322. 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 eastern portion of the Strait of Juan de Fuca.
(c) Project Selection.--In consultation with the Secretary of the
Interior, the Secretary of Commerce, and the heads of other appropriate
Federal, tribal, State, and local agencies, the Secretary may--
(1) identify critical restoration projects in the area
described in subsection (b); and
(2) 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.
(d) Prioritization of Projects.--In prioritizing 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--
(1) the Salmon Recovery Funding Board;
(2) the Northwest Straits Commission;
(3) the Hood Canal Coordinating Council;
(4) county watershed planning councils; and
(5) salmon enhancement groups.
(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. 323. 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. 324. 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. 325. 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. 326. 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.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(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. 327. 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. 328. 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. 329. 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 rendered
acceptable for unrestricted open water disposal or beneficial
reuse; 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. 330. 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 determined in accordance with section 105
of the Water Resources Development Act of 1986 (33
U.S.C. 2215).
(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. 331. 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).
TITLE IV--STUDIES
SEC. 401. BALDWIN COUNTY, ALABAMA.
The Secretary may 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 may 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 may 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 may 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 may 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 may 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 may 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 may 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 may 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. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER BASINS,
FLORIDA.
(a) In General.--The Secretary may 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. 411. BOISE RIVER, IDAHO.
The Secretary may conduct a study to determine the feasibility of
carrying out multi-objective flood control activities along the Boise
River, Idaho.
SEC. 412. WOOD RIVER, IDAHO.
The Secretary may conduct a reconnaissance study to determine the
Federal interest in carrying out multi-objective flood control and
flood mitigation planning projects along the Wood River in Blaine
County, Idaho.
SEC. 413. CHICAGO, ILLINOIS.
(a) In General.--The Secretary may 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 may 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. 414. BOEUF AND BLACK, LOUISIANA.
The Secretary may 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. 415. PORT OF IBERIA, LOUISIANA.
The Secretary may 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. 416. SOUTH LOUISIANA.
The Secretary may 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. 417. ST. JOHN THE BAPTIST PARISH, LOUISIANA.
The Secretary may 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. 418. NARRAGUAGUS RIVER, MILBRIDGE, MAINE.
(a) Study of Redesignation as Anchorage.--The Secretary may conduct
a study to determine the feasibility of redesignating as anchorage a
portion of the 11-foot channel of the project for navigation,
Narraguagus River, Milbridge, Maine, authorized by section 101 of the
River and Harbor Act of 1962 (76 Stat. 1173).
(b) Study of Reauthorization.--The Secretary may conduct a study to
determine the feasibility of reauthorizing for the purpose of
maintenance as anchorage a portion 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), lying adjacent to and
outside the limits of the 11-foot channel and the 9-foot channel.
SEC. 419. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND NEW
HAMPSHIRE.
The Secretary may 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 1000 feet.
SEC. 420. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW HAMPSHIRE.
(a) In General.--The Secretary may 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. 421. PORT OF GULFPORT, MISSISSIPPI.
The Secretary may 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. 422. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.
In conjunction with the State of New Hampshire, the Secretary may
conduct a study to identify and evaluate potential upland disposal
sites for dredged material originating from harbor areas located within
the State.
SEC. 423. MISSOURI RIVER BASIN, NORTH DAKOTA, SOUTH DAKOTA, AND
NEBRASKA.
(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) Study.--In cooperation with the Secretary of the Interior, the
State of South Dakota, the State of North Dakota, the State of
Nebraska, county officials, ranchers, sportsmen, other affected
parties, and the Indian tribes referred to in subsection (c)(2), the
Secretary may conduct a study to determine the feasibility of the
conveyance to the Secretary of the Interior of the land described in
subsection (c), to be held in trust for the benefit of the Indian
tribes referred to in subsection (c)(2).
(c) Land To Be Studied.--The land authorized to be studied for
conveyance is the land that--
(1) was acquired by the Secretary to carry out the Pick-
Sloan Missouri River Basin Program, authorized by section 9 of
the Act of December 22, 1944 (58 Stat. 891, chapter 665); and
(2) is located within the external boundaries of the
reservations of--
(A) the Three Affiliated Tribes of the Fort
Berthold Reservation, North Dakota;
(B) the Standing Rock Sioux Tribe of North Dakota
and South Dakota;
(C) the Crow Creek Sioux Tribe of the Crow Creek
Reservation, South Dakota;
(D) the Yankton Sioux Tribe of South Dakota; and
(E) the Santee Sioux Tribe of Nebraska.
SEC. 424. 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 may--
``(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. 425. FREMONT, OHIO.
In consultation with appropriate Federal, State, and local
agencies, the Secretary may 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. 426. GRAND LAKE, OKLAHOMA.
(a) Evaluation.--The Secretary may--
(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 may 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. 427. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND.
In consultation with the Administrator of the Environmental
Protection Agency, the Secretary may 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. 428. 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. 429. GERMANTOWN, TENNESSEE.
(a) In General.--The Secretary may 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)--
(A) shall not exceed 25 percent; and
(B) shall be provided in the form of in-kind
contributions.
(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. 430. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND MISSISSIPPI.
(a) In General.--The Secretary may 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. 431. CEDAR BAYOU, TEXAS.
The Secretary may 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. 432. HOUSTON SHIP CHANNEL, TEXAS.
The Secretary may 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. 433. SAN ANTONIO CHANNEL, TEXAS.
The Secretary may 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. 434. WHITE RIVER WATERSHED BELOW MUD MOUNTAIN DAM, WASHINGTON.
(a) Review.--The Secretary may 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. 435. WILLAPA BAY, WASHINGTON.
(a) Study.--The Secretary may 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.
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. 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.
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