[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2796 Reported in Senate (RS)]
Calendar No. 729
106th CONGRESS
2d Session
S. 2796
[Report No. 106-362]
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
July 27, 2000
Reported by Mr. Smith of New Hampshire, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 2000''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents of this Act
is as follows:</DELETED>
<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definition of Secretary.
<DELETED>TITLE I--WATER RESOURCES PROJECTS
<DELETED>Sec. 101. Project authorizations.
<DELETED>Sec. 102. Small shore protection projects.
<DELETED>Sec. 103. Small navigation projects.
<DELETED>Sec. 104. Removal of snags and clearing and straightening of
channels in navigable waters.
<DELETED>Sec. 105. Small bank stabilization projects.
<DELETED>Sec. 106. Small flood control projects.
<DELETED>Sec. 107. Small projects for improvement of the quality of the
environment.
<DELETED>Sec. 108. Beneficial uses of dredged material.
<DELETED>Sec. 109. Small aquatic ecosystem restoration projects.
<DELETED>Sec. 110. Flood mitigation and riverine restoration.
<DELETED>Sec. 111. Disposal of dredged material on beaches.
<DELETED>TITLE II--GENERAL PROVISIONS
<DELETED>Sec. 201. Cooperation agreements with counties.
<DELETED>Sec. 202. Watershed and river basin assessments.
<DELETED>Sec. 203. Tribal partnership program.
<DELETED>Sec. 204. Ability to pay.
<DELETED>Sec. 205. Property protection program.
<DELETED>Sec. 206. National Recreation Reservation Service.
<DELETED>Sec. 207. Operation and maintenance of hydroelectric
facilities.
<DELETED>Sec. 208. Interagency and international support.
<DELETED>Sec. 209. Reburial and conveyance authority.
<DELETED>Sec. 210. Approval of construction of dams and dikes.
<DELETED>Sec. 211. Project deauthorization authority.
<DELETED>Sec. 212. Floodplain management requirements.
<DELETED>Sec. 213. Environmental dredging.
<DELETED>TITLE III--PROJECT-RELATED PROVISIONS
<DELETED>Sec. 301. Boydsville, Arkansas.
<DELETED>Sec. 302. White River Basin, Arkansas and Missouri.
<DELETED>Sec. 303. Gasparilla and Estero Islands, Florida.
<DELETED>Sec. 304. Fort Hall Indian Reservation, Idaho.
<DELETED>Sec. 305. Upper Des Plaines River and tributaries, Illinois.
<DELETED>Sec. 306. Morganza, Louisiana.
<DELETED>Sec. 307. Red River Waterway, Louisiana.
<DELETED>Sec. 308. William Jennings Randolph Lake, Maryland.
<DELETED>Sec. 309. New Madrid County, Missouri.
<DELETED>Sec. 310. Pemiscot County Harbor, Missouri.
<DELETED>Sec. 311. Pike County, Missouri.
<DELETED>Sec. 312. Fort Peck fish hatchery, Montana.
<DELETED>Sec. 313. Mines Falls Park, New Hampshire.
<DELETED>Sec. 314. Sagamore Creek, New Hampshire.
<DELETED>Sec. 315. Passaic River Basin flood management, New Jersey.
<DELETED>Sec. 316. Rockaway Inlet to Norton Point, New York.
<DELETED>Sec. 317. John Day Pool, Oregon and Washington.
<DELETED>Sec. 318. Fox Point hurricane barrier, Providence, Rhode
Island.
<DELETED>Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.
<DELETED>Sec. 320. Lake Champlain watershed, Vermont and New York.
<DELETED>Sec. 321. Mount St. Helens, Washington.
<DELETED>Sec. 322. Puget Sound and adjacent waters restoration,
Washington.
<DELETED>Sec. 323. Fox River System, Wisconsin.
<DELETED>Sec. 324. Chesapeake Bay oyster restoration.
<DELETED>Sec. 325. Great Lakes dredging levels adjustment.
<DELETED>Sec. 326. Great Lakes fishery and ecosystem restoration.
<DELETED>Sec. 327. Great Lakes remedial action plans and sediment
remediation.
<DELETED>Sec. 328. Great Lakes tributary model.
<DELETED>Sec. 329. Treatment of dredged material from Long Island
Sound.
<DELETED>Sec. 330. New England water resources and ecosystem
restoration.
<DELETED>Sec. 331. Project deauthorizations.
<DELETED>TITLE IV--STUDIES
<DELETED>Sec. 401. Baldwin County, Alabama.
<DELETED>Sec. 402. Bono, Arkansas.
<DELETED>Sec. 403. Cache Creek Basin, California.
<DELETED>Sec. 404. Estudillo Canal watershed, California.
<DELETED>Sec. 405. Laguna Creek watershed, California.
<DELETED>Sec. 406. Oceanside, California.
<DELETED>Sec. 407. San Jacinto watershed, California.
<DELETED>Sec. 408. Choctawhatchee River, Florida.
<DELETED>Sec. 409. Egmont Key, Florida.
<DELETED>Sec. 410. Upper Ocklawaha River and Apopka/Palatlakaha River
basins, Florida.
<DELETED>Sec. 411. Boise River, Idaho.
<DELETED>Sec. 412. Wood River, Idaho.
<DELETED>Sec. 413. Chicago, Illinois.
<DELETED>Sec. 414. Boeuf and Black, Louisiana.
<DELETED>Sec. 415. Port of Iberia, Louisiana.
<DELETED>Sec. 416. South Louisiana.
<DELETED>Sec. 417. St. John the Baptist Parish, Louisiana.
<DELETED>Sec. 418. Narraguagus River, Milbridge, Maine.
<DELETED>Sec. 419. Portsmouth Harbor and Piscataqua River, Maine and
New Hampshire.
<DELETED>Sec. 420. Merrimack River Basin, Massachusetts and New
Hampshire.
<DELETED>Sec. 421. Port of Gulfport, Mississippi.
<DELETED>Sec. 422. Upland disposal sites in New Hampshire.
<DELETED>Sec. 423. Missouri River basin, North Dakota, South Dakota,
and Nebraska.
<DELETED>Sec. 424. Cuyahoga River, Ohio.
<DELETED>Sec. 425. Fremont, Ohio.
<DELETED>Sec. 426. Grand Lake, Oklahoma.
<DELETED>Sec. 427. Dredged material disposal site, Rhode Island.
<DELETED>Sec. 428. Chickamauga Lock and Dam, Tennessee.
<DELETED>Sec. 429. Germantown, Tennessee.
<DELETED>Sec. 430. Horn Lake Creek and Tributaries, Tennessee and
Mississippi.
<DELETED>Sec. 431. Cedar Bayou, Texas.
<DELETED>Sec. 432. Houston Ship Channel, Texas.
<DELETED>Sec. 433. San Antonio Channel, Texas.
<DELETED>Sec. 434. White River watershed below Mud Mountain Dam,
Washington.
<DELETED>Sec. 435. Willapa Bay, Washington.
<DELETED>TITLE V--MISCELLANEOUS PROVISIONS
<DELETED>Sec. 501. Visitors centers.
<DELETED>Sec. 502. CALFED Bay-Delta Program assistance, California.
<DELETED>Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.
<DELETED>SEC. 2. DEFINITION OF SECRETARY.</DELETED>
<DELETED> In this Act, the term ``Secretary'' means the Secretary of
the Army.</DELETED>
<DELETED>TITLE I--WATER RESOURCES PROJECTS</DELETED>
<DELETED>SEC. 101. PROJECT AUTHORIZATIONS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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 </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>from amounts
appropriated from the general fund of the Treasury and
</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>from amounts
appropriated from the Inland Waterways Trust Fund.</DELETED>
<DELETED> (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 </DELETED>\<DELETED>1/2</DELETED>\
<DELETED>from amounts appropriated from the general fund of the
Treasury and </DELETED>\<DELETED>1/2</DELETED>\ <DELETED>from
amounts appropriated from the Inland Waterways Trust
Fund.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (21) Jackson hole, wyoming.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Non-federal share.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 102. SMALL SHORE PROTECTION PROJECTS.</DELETED>
<DELETED> 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):</DELETED>
<DELETED> (1) Lake palourde, louisiana.--Project for beach
restoration and protection, Highway 70, Lake Palourde, St. Mary
and St. Martin Parishes, Louisiana.</DELETED>
<DELETED> (2) St. bernard, louisiana.--Project for beach
restoration and protection, Bayou Road, St. Bernard,
Louisiana.</DELETED>
<DELETED>SEC. 103. SMALL NAVIGATION PROJECTS.</DELETED>
<DELETED> 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):</DELETED>
<DELETED> (1) Houma navigation canal, louisiana.--Project
for navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.</DELETED>
<DELETED> (2) Vidalia port, louisiana.--Project for
navigation, Vidalia Port, Louisiana.</DELETED>
<DELETED>SEC. 104. REMOVAL OF SNAGS AND CLEARING AND STRAIGHTENING OF
CHANNELS IN NAVIGABLE WATERS.</DELETED>
<DELETED> 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):</DELETED>
<DELETED> (1) Bayou manchac, louisiana.--Project for removal
of snags and clearing and straightening of channels for flood
control, Bayou Manchac, Ascension Parish, Louisiana.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 105. SMALL BANK STABILIZATION PROJECTS.</DELETED>
<DELETED> 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):</DELETED>
<DELETED> (1) Bayou des glaises, louisiana.--Project for
emergency streambank protection, Bayou des Glaises (Lee
Chatelain Road), Avoyelles Parish, Louisiana.</DELETED>
<DELETED> (2) Bayou plaquemine, louisiana.--Project for
emergency streambank protection, Highway 77, Bayou Plaquemine,
Iberville Parish, Louisiana.</DELETED>
<DELETED> (3) Hammond, louisiana.--Project for emergency
streambank protection, Fagan Drive Bridge, Hammond,
Louisiana.</DELETED>
<DELETED> (4) Iberville parish, louisiana.--Project for
emergency streambank protection, Iberville Parish,
Louisiana.</DELETED>
<DELETED> (5) Lake arthur, louisiana.--Project for emergency
streambank protection, Parish Road 120 at Lake Arthur,
Louisiana.</DELETED>
<DELETED> (6) Lake charles, louisiana.--Project for
emergency streambank protection, Pithon Coulee, Lake Charles,
Calcasieu Parish, Louisiana.</DELETED>
<DELETED> (7) Loggy bayou, louisiana.--Project for emergency
streambank protection, Loggy Bayou, Bienville Parish,
Louisiana.</DELETED>
<DELETED> (8) Scotlandville bluff, louisiana.--Project for
emergency streambank protection, Scotlandville Bluff, East
Baton Rouge Parish, Louisiana.</DELETED>
<DELETED>SEC. 106. SMALL FLOOD CONTROL PROJECTS.</DELETED>
<DELETED> 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):</DELETED>
<DELETED> (1) Weiser river, idaho.--Project for flood damage
reduction, Weiser River, Idaho.</DELETED>
<DELETED> (2) Bayou tete l'ours, louisiana.--Project for
flood control, Bayou Tete L'Ours, Louisiana.</DELETED>
<DELETED> (3) Bossier city, louisiana.--Project for flood
control, Red Chute Bayou levee, Bossier City,
Louisiana.</DELETED>
<DELETED> (4) Braithwaite park, louisiana.--Project for
flood control, Braithwaite Park, Louisiana.</DELETED>
<DELETED> (5) Cane bend subdivision, louisiana.--Project for
flood control, Cane Bend Subdivision, Bossier Parish,
Louisiana.</DELETED>
<DELETED> (6) Crown point, louisiana.--Project for flood
control, Crown Point, Louisiana.</DELETED>
<DELETED> (7) Donaldsonville canals, louisiana.--Project for
flood control, Donaldsonville Canals, Louisiana.</DELETED>
<DELETED> (8) Goose bayou, louisiana.--Project for flood
control, Goose Bayou, Louisiana.</DELETED>
<DELETED> (9) Gumby dam, louisiana.--Project for flood
control, Gumby Dam, Richland Parish, Louisiana.</DELETED>
<DELETED> (10) Hope canal, louisiana.--Project for flood
control, Hope Canal, Louisiana.</DELETED>
<DELETED> (11) Jean lafitte, louisiana.--Project for flood
control, Jean Lafitte, Louisiana.</DELETED>
<DELETED> (12) Lockport to larose, louisiana.--Project for
flood control, Lockport to Larose, Louisiana.</DELETED>
<DELETED> (13) Lower lafitte basin, louisiana.--Project for
flood control, Lower Lafitte Basin, Louisiana.</DELETED>
<DELETED> (14) Oakville to lareussite, louisiana.--Project
for flood control, Oakville to LaReussite, Louisiana.</DELETED>
<DELETED> (15) Pailet basin, louisiana.--Project for flood
control, Pailet Basin, Louisiana.</DELETED>
<DELETED> (16) Pochitolawa creek, louisiana.--Project for
flood control, Pochitolawa Creek, Louisiana.</DELETED>
<DELETED> (17) Rosethorn basin, louisiana.--Project for
flood control, Rosethorn Basin, Louisiana.</DELETED>
<DELETED> (18) Shreveport, louisiana.--Project for flood
control, Twelve Mile Bayou, Shreveport, Louisiana.</DELETED>
<DELETED> (19) Stephensville, louisiana.--Project for flood
control, Stephensville, Louisiana.</DELETED>
<DELETED> (20) St. john the baptist parish, louisiana.--
Project for flood control, St. John the Baptist Parish,
Louisiana.</DELETED>
<DELETED> (21) Magby creek and vernon branch, mississippi.--
Project for flood control, Magby Creek and Vernon Branch,
Lowndes County, Mississippi.</DELETED>
<DELETED> (22) Fritz landing, tennessee.--Project for flood
control, Fritz Landing, Tennessee.</DELETED>
<DELETED>SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.</DELETED>
<DELETED> 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)):</DELETED>
<DELETED> (1) Bayou sauvage national wildlife refuge,
louisiana.--Project for improvement of the quality of the
environment, Bayou Sauvage National Wildlife Refuge, Orleans
Parish, Louisiana.</DELETED>
<DELETED> (2) Gulf intracoastal waterway, bayou plaquemine,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Bayou Plaquemine,
Iberville Parish, Louisiana.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Gulf intracoastal waterway, weeks bay,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Weeks Bay, Iberia
Parish, Louisiana.</DELETED>
<DELETED> (5) Lake fausse point, louisiana.--Project for
improvement of the quality of the environment, Lake Fausse
Point, Louisiana.</DELETED>
<DELETED> (6) Lake providence, louisiana.--Project for
improvement of the quality of the environment, Old River, Lake
Providence, Louisiana.</DELETED>
<DELETED> (7) New river, louisiana.--Project for improvement
of the quality of the environment, New River, Ascension Parish,
Louisiana.</DELETED>
<DELETED> (8) Erie county, ohio.--Project for improvement of
the quality of the environment, Sheldon's Marsh State Nature
Preserve, Erie County, Ohio.</DELETED>
<DELETED> (9) Mushingum county, ohio.--Project for
improvement of the quality of the environment, Dillon Reservoir
watershed, Licking River, Mushingum County, Ohio.</DELETED>
<DELETED>SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.</DELETED>
<DELETED> The Secretary may carry out the following projects under
section 204 of the Water Resources Development Act of 1992 (33 U.S.C.
2326):</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Ottawa county, ohio.--Project to protect,
restore, and create aquatic and related habitat using dredged
material, East Harbor State Park, Ottawa County,
Ohio.</DELETED>
<DELETED>SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION
PROJECTS.</DELETED>
<DELETED> The Secretary may carry out the following projects under
section 206 of the Water Resources Development Act of 1996 (33 U.S.C.
2330):</DELETED>
<DELETED> (1) Braud bayou, louisiana.--Project for aquatic
ecosystem restoration, Braud Bayou, Spanish Lake, Ascension
Parish, Louisiana.</DELETED>
<DELETED> (2) Buras marina, louisiana.--Project for aquatic
ecosystem restoration, Buras Marina, Buras, Plaquemines Parish,
Louisiana.</DELETED>
<DELETED> (3) Comite river, louisiana.--Project for aquatic
ecosystem restoration, Comite River at Hooper Road,
Louisiana.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Lake borgne, louisiana.--Project for aquatic
ecosystem restoration, southern shores of Lake Borgne,
Louisiana.</DELETED>
<DELETED> (6) Lake martin, louisiana.--Project for aquatic
ecosystem restoration, Lake Martin, Louisiana.</DELETED>
<DELETED> (7) Luling, louisiana.--Project for aquatic
ecosystem restoration, Luling Oxidation Pond, St. Charles
Parish, Louisiana.</DELETED>
<DELETED> (8) Mandeville, louisiana.--Project for aquatic
ecosystem restoration, Mandeville, St. Tammany Parish,
Louisiana.</DELETED>
<DELETED> (9) St. james, louisiana.--Project for aquatic
ecosystem restoration, St. James, Louisiana.</DELETED>
<DELETED> (10) North hampton, new hampshire.--Project for
aquatic ecosystem restoration, Little River Salt Marsh, North
Hampton, New Hampshire.</DELETED>
<DELETED> (11) Highland county, ohio.--Project for aquatic
ecosystem restoration, Rocky Fork Lake, Clear Creek floodplain,
Highland County, Ohio.</DELETED>
<DELETED> (12) Hocking county, ohio.--Project for aquatic
ecosystem restoration, Long Hollow Mine, Hocking County,
Ohio.</DELETED>
<DELETED> (13) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County,
Ohio.</DELETED>
<DELETED> (14) Central amazon creek, oregon.--Project for
aquatic ecosystem restoration, Central Amazon Creek,
Oregon.</DELETED>
<DELETED> (15) Delta ponds, oregon.--Project for aquatic
ecosystem restoration, Delta Ponds, Oregon.</DELETED>
<DELETED> (16) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.</DELETED>
<DELETED> (17) Roslyn lake, oregon.--Project for aquatic
ecosystem restoration, Roslyn Lake, Oregon.</DELETED>
<DELETED>SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORATION.</DELETED>
<DELETED> Section 212(e) of the Water Resources Development Act of
1999 (33 U.S.C. 2332(e)) is amended--</DELETED>
<DELETED> (1) in paragraph (22), by striking ``and'' at the
end;</DELETED>
<DELETED> (2) in paragraph (23), by striking the period at
the end and inserting ``; and''; and</DELETED>
<DELETED> (3) by adding at the end the following:</DELETED>
<DELETED> ``(24) Perry Creek, Iowa.''.</DELETED>
<DELETED>SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.</DELETED>
<DELETED> Section 217 of the Water Resources Development Act of 1999
(113 Stat. 294) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(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).''.</DELETED>
<DELETED>TITLE II--GENERAL PROVISIONS</DELETED>
<DELETED>SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.</DELETED>
<DELETED> Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.
1962d-5b(a)) is amended in the second sentence--</DELETED>
<DELETED> (1) by striking ``State legislative'';
and</DELETED>
<DELETED> (2) by inserting before the period at the end the
following: ``of the State or a body politic of the
State''.</DELETED>
<DELETED>SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.</DELETED>
<DELETED> Section 729 of the Water Resources Development Act of 1986
(100 Stat. 4164) is amended to read as follows:</DELETED>
<DELETED>``SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.</DELETED>
<DELETED> ``(a) In General.--The Secretary may assess the water
resources needs of river basins and watersheds of the United States,
including needs relating to--</DELETED>
<DELETED> ``(1) ecosystem protection and
restoration;</DELETED>
<DELETED> ``(2) flood damage reduction;</DELETED>
<DELETED> ``(3) navigation and ports;</DELETED>
<DELETED> ``(4) watershed protection;</DELETED>
<DELETED> ``(5) water supply; and</DELETED>
<DELETED> ``(6) drought preparedness.</DELETED>
<DELETED> ``(b) Cooperation.--An assessment under subsection (a)
shall be carried out in cooperation and coordination with--</DELETED>
<DELETED> ``(1) the Secretary of the Interior;</DELETED>
<DELETED> ``(2) the Secretary of Agriculture;</DELETED>
<DELETED> ``(3) the Secretary of Commerce;</DELETED>
<DELETED> ``(4) the Administrator of the Environmental
Protection Agency; and</DELETED>
<DELETED> ``(5) the heads of other appropriate
agencies.</DELETED>
<DELETED> ``(c) Consultation.--In carrying out an assessment under
subsection (a), the Secretary shall consult with Federal, tribal,
State, interstate, and local governmental entities.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(f) Cost-Sharing Requirements.--</DELETED>
<DELETED> ``(1) Non-federal share.--The non-Federal share of
the costs of an assessment carried out under this section shall
be 50 percent.</DELETED>
<DELETED> ``(2) Credit.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(B) Maximum amount of credit.--Credit
under subparagraph (A) shall not exceed an amount equal
to 25 percent of the costs of the assessment.</DELETED>
<DELETED> ``(g) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section
$15,000,000.''.</DELETED>
<DELETED>SEC. 203. TRIBAL PARTNERSHIP PROGRAM.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Program.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) will substantially benefit Indian
tribes; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Matters to be studied.--A study conducted
under paragraph (1) may address--</DELETED>
<DELETED> (A) projects for flood damage reduction,
environmental restoration and protection, and
preservation of cultural and natural resources;
and</DELETED>
<DELETED> (B) such other projects as the Secretary,
in cooperation with Indian tribes and the heads of
other Federal agencies, determines to be
appropriate.</DELETED>
<DELETED> (c) Consultation and Coordination With Secretary of the
Interior.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Integration of activities.--The Secretary
shall--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (d) Priority Projects.--In selecting water resources
development projects for study under this section, the Secretary shall
give priority to--</DELETED>
<DELETED> (1) the project along the upper Snake River within
and adjacent to the Fort Hall Indian Reservation, Idaho,
authorized by section 304; and</DELETED>
<DELETED> (2) the project for the Tribal Reservation of the
Shoalwater Bay Indian Tribe on Willapa Bay, Washington,
authorized by section 435(b).</DELETED>
<DELETED> (e) Cost Sharing.--</DELETED>
<DELETED> (1) Ability to pay.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Credit.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 204. ABILITY TO PAY.</DELETED>
<DELETED> Section 103(m) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(m)) is amended--</DELETED>
<DELETED> (1) by striking paragraphs (1) and (2) and
inserting the following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(2) Criteria and procedures.--</DELETED>
<DELETED> ``(A) In general.--The ability of a non-
Federal interest to pay shall be determined by the
Secretary in accordance with--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) after the date on which
revised criteria and procedures are promulgated
under subparagraph (B), the revised criteria
and procedures promulgated under subparagraph
(B).</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in paragraph (3)--</DELETED>
<DELETED> (A) in subparagraph (A)(ii), by adding
``and'' at the end; and</DELETED>
<DELETED> (B) by striking subparagraphs (B) and (C)
and inserting the following:</DELETED>
<DELETED> ``(B) may consider additional criteria
relating to--</DELETED>
<DELETED> ``(i) the financial ability of the
non-Federal interest to carry out its cost-
sharing responsibilities; or</DELETED>
<DELETED> ``(ii) additional assistance that
may be available from other Federal or State
sources.''.</DELETED>
<DELETED>SEC. 205. PROPERTY PROTECTION PROGRAM.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $500,000 for each fiscal
year.</DELETED>
<DELETED>SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.</DELETED>
<DELETED> Notwithstanding section 611 of the Treasury and General
Government Appropriations Act, 1999 (Public Law 105-277; 112 Stat.
2681-515), the Secretary may--</DELETED>
<DELETED> (1) participate in the National Recreation
Reservation Service on an interagency basis; and</DELETED>
<DELETED> (2) pay the Department of the Army's share of the
activities required to implement, operate, and maintain the
Service.</DELETED>
<DELETED>SEC. 207. OPERATION AND MAINTENANCE OF HYDROELECTRIC
FACILITIES.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.</DELETED>
<DELETED> Section 234(d) of the Water Resources Development Act of
1996 (33 U.S.C. 2323a(d)) is amended--</DELETED>
<DELETED> (1) in the first sentence, by striking
``$1,000,000'' and inserting ``$2,000,000''; and</DELETED>
<DELETED> (2) in the second sentence, by inserting ``out''
after ``carry''.</DELETED>
<DELETED>SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (b) Reburial.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) have been discovered on project land;
and</DELETED>
<DELETED> (B) have been rightfully claimed by a
lineal descendant or Indian tribe in accordance with
applicable Federal law.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Conveyance Authority.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND
DIKES.</DELETED>
<DELETED> Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is
amended--</DELETED>
<DELETED> (1) by inserting ``(a) In General.--'' before ``It
shall'';</DELETED>
<DELETED> (2) by striking ``However, such structures'' and
inserting the following:</DELETED>
<DELETED> ``(b) Waterways Within a Single State.--Notwithstanding
subsection (a), structures described in subsection (a)'';</DELETED>
<DELETED> (3) by striking ``When plans'' and inserting the
following:</DELETED>
<DELETED> ``(c) Modification of Plans.--When plans'';</DELETED>
<DELETED> (4) by striking ``The approval'' and inserting the
following:</DELETED>
<DELETED> ``(d) Applicability.--</DELETED>
<DELETED> ``(1) Bridges and causeways.--The approval'';
and</DELETED>
<DELETED> (5) in subsection (d) (as designated by paragraph
(4)), by adding at the end the following:</DELETED>
<DELETED> ``(2) Dams and dikes.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) shall be subject to section
10; and</DELETED>
<DELETED> ``(ii) shall not be subject to the
approval requirements of this
section.''.</DELETED>
<DELETED>SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.</DELETED>
<DELETED> Section 1001 of the Water Resources Development Act of
1986 (33 U.S.C. 579a) is amended to read as follows:</DELETED>
<DELETED>``SEC. 1001. PROJECT DEAUTHORIZATIONS.</DELETED>
<DELETED> ``(a) Definitions.--In this section:</DELETED>
<DELETED> ``(1) Construction.--The term `construction', with
respect to a project or separable element, means--</DELETED>
<DELETED> ``(A) in the case of--</DELETED>
<DELETED> ``(i) a nonstructural flood
control project, the acquisition of land, an
easement, or a right-of-way primarily to
relocate a structure; and</DELETED>
<DELETED> ``(ii) in the case of any other
nonstructural measure, the performance of
physical work under a construction
contract;</DELETED>
<DELETED> ``(B) in the case of an environmental
protection and restoration project--</DELETED>
<DELETED> ``(i) the acquisition of land, an
easement, or a right-of-way primarily to
facilitate the restoration of wetland or a
similar habitat; or</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(C) in the case of any other water
resources project, the performance of physical work
under a construction contract.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Projects Never Under Construction.--</DELETED>
<DELETED> ``(1) List of projects.--The Secretary shall
annually submit to Congress a list of projects and separable
elements of projects that--</DELETED>
<DELETED> ``(A) are authorized for construction;
and</DELETED>
<DELETED> ``(B) for which no Federal funds were
obligated for construction during the 4 full fiscal
years preceding the date of submission of the
list.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(c) Projects for Which Construction Has Been
Suspended.--</DELETED>
<DELETED> ``(1) List of projects.--The Secretary shall
annually submit to Congress a list of projects and separable
elements of projects--</DELETED>
<DELETED> ``(A) that are authorized for
construction;</DELETED>
<DELETED> ``(B) for which Federal funds have been
obligated for construction of the project or separable
element; and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(f) Effective Date.--Subsections (b)(2) and (c)(2) take
effect 3 years after the date of enactment of this
subsection.''.</DELETED>
<DELETED>SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.</DELETED>
<DELETED> (a) In General.--Section 402(c) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(c)) is amended--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) by redesignating paragraph (2) as paragraph
(3);</DELETED>
<DELETED> (3) by striking ``Such guidelines shall address''
and inserting the following:</DELETED>
<DELETED> ``(2) Required elements.--The guidelines developed
under paragraph (1) shall--</DELETED>
<DELETED> ``(A) address''; and</DELETED>
<DELETED> (4) in paragraph (2) (as designated by paragraph
(3))--</DELETED>
<DELETED> (A) by inserting ``that non-Federal
interests shall adopt and enforce'' after
``policies'';</DELETED>
<DELETED> (B) by striking the period at the end and
inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(B) require non-Federal interests to
take measures to preserve the level of flood protection
provided by a project to which subsection (a)
applies.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Technical Amendments.--Section 402(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 701b-12(b)) is amended--
</DELETED>
<DELETED> (1) in the subsection heading, by striking ``Flood
Plain'' and inserting ``Floodplain''; and</DELETED>
<DELETED> (2) in the first sentence, by striking ``flood
plain'' and inserting ``floodplain''.</DELETED>
<DELETED>SEC. 213. ENVIRONMENTAL DREDGING.</DELETED>
<DELETED> Section 312 of the Water Resources Development Act of 1990
(33 U.S.C. 1272) is amended by adding at the end the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>TITLE III--PROJECT-RELATED PROVISIONS</DELETED>
<DELETED>SEC. 301. BOYDSVILLE, ARKANSAS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.</DELETED>
<DELETED> Section 374 of the Water Resources Development Act of 1999
(113 Stat. 321) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) in paragraph (1), by inserting before
the period at the end the following: ``and does not
significantly impact other authorized project
purposes'';</DELETED>
<DELETED> (B) in paragraph (2), by striking ``2000''
and inserting ``2002''; and</DELETED>
<DELETED> (C) in paragraph (3)--</DELETED>
<DELETED> (i) by inserting ``and to what
extent'' after ``whether'';</DELETED>
<DELETED> (ii) in subparagraph (A), by
striking ``and'' at the end;</DELETED>
<DELETED> (iii) in subparagraph (B), by
striking the period at the end and inserting
``; and''; and</DELETED>
<DELETED> (iv) by adding at the end the
following:</DELETED>
<DELETED> ``(C) project storage should be
reallocated to sustain the tail water trout
fisheries.''.</DELETED>
<DELETED>SEC. 303. GASPARILLA AND ESTERO ISLANDS, FLORIDA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 304. FORT HALL INDIAN RESERVATION, IDAHO.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) is a cost-effective means of providing
ecosystem restoration, flood damage reduction, and erosion
protection;</DELETED>
<DELETED> (2) is environmentally acceptable and technically
feasible; and</DELETED>
<DELETED> (3) will improve the economic and social
conditions of the Shoshone-Bannok Indian Tribe.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 305. UPPER DES PLAINES RIVER AND TRIBUTARIES,
ILLINOIS.</DELETED>
<DELETED> 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--
</DELETED>
<DELETED> (1) the Secretary and the non-Federal interests
enter into a feasibility study cost-sharing agreement;
and</DELETED>
<DELETED> (2) the Secretary finds that the work is integral
to the scope of the feasibility study.</DELETED>
<DELETED>SEC. 306. MORGANZA, LOUISIANA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 307. RED RIVER WATERWAY, LOUISIANA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 308. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.</DELETED>
<DELETED> The Secretary--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) shall require the non-Federal interest to
provide 50 percent of the costs of designing and constructing
the recreational facilities.</DELETED>
<DELETED>SEC. 309. NEW MADRID COUNTY, MISSOURI.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Credit.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Maximum amount of credit.--The amount of the
credit under paragraph (1) shall not exceed the required non-
Federal share for the project.</DELETED>
<DELETED>SEC. 310. PEMISCOT COUNTY HARBOR, MISSOURI.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 311. PIKE COUNTY, MISSOURI.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Land Description.--The parcels of land referred to in
subsection (a) are the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Conditions.--The land exchange under subsection (a)
shall be subject to the following conditions:</DELETED>
<DELETED> (1) Deeds.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Removal of improvements.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> (i) S.S.S., Inc. shall have no
claim against the United States for liability;
and</DELETED>
<DELETED> (ii) the United States shall not
incur or be liable for any cost associated with
the removal or relocation of the
improvement.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Administrative costs.--The Secretary shall
require S.S.S., Inc. to pay reasonable administrative costs
associated with the land exchange under subsection
(a).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 312. FORT PECK FISH HATCHERY, MONTANA.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) Fort Peck Lake, Montana, is in need of a
multispecies fish hatchery;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) a disease or infrastructure failure at that
hatchery could imperil fish populations throughout the
region;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the obligation to fund the stocking
constitutes an undue burden on the State; and</DELETED>
<DELETED> (7) a viable multispecies fishery would spur
economic development in the region.</DELETED>
<DELETED> (b) Purposes.--The purposes of this section are--
</DELETED>
<DELETED> (1) to authorize and provide funding for the
design and construction of a multispecies fish hatchery at Fort
Peck Lake, Montana; and</DELETED>
<DELETED> (2) to ensure stable operation and maintenance of
the fish hatchery.</DELETED>
<DELETED> (c) Definitions.--In this section:</DELETED>
<DELETED> (1) Fort peck lake.--The term ``Fort Peck Lake''
means the reservoir created by the damming of the upper
Missouri River in northeastern Montana.</DELETED>
<DELETED> (2) Hatchery project.--The term ``hatchery
project'' means the project authorized by subsection
(d).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Cost Sharing.--</DELETED>
<DELETED> (1) Design and construction.--</DELETED>
<DELETED> (A) Federal share.--The Federal share of
the costs of design and construction of the hatchery
project shall be 75 percent.</DELETED>
<DELETED> (B) Form of non-federal share.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (ii) Required crediting.--The
Secretary shall credit toward the non-Federal
share of the costs of the hatchery project--
</DELETED>
<DELETED> (I) the costs to the State
of Montana of stocking Fort Peck Lake
during the period beginning January 1,
1947; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Operation, maintenance, repair, and
replacement.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Power.--The Secretary shall offer to
the hatchery project low-cost project power for all
hatchery operations.</DELETED>
<DELETED> (f) Authorization of Appropriations.--</DELETED>
<DELETED> (1) In general.--There are authorized to be
appropriated to carry out this section--</DELETED>
<DELETED> (A) $20,000,000; and</DELETED>
<DELETED> (B) such sums as are necessary to carry
out subsection (e)(2)(B).</DELETED>
<DELETED> (2) Availability of funds.--Sums made available
under paragraph (1) shall remain available until
expended.</DELETED>
<DELETED>SEC. 313. MINES FALLS PARK, NEW HAMPSHIRE.</DELETED>
<DELETED> (a) In General.--The Secretary may carry out dredging of
Mines Falls Park, New Hampshire.</DELETED>
<DELETED> (b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,000,000.</DELETED>
<DELETED>SEC. 314. SAGAMORE CREEK, NEW HAMPSHIRE.</DELETED>
<DELETED> The Secretary shall carry out maintenance dredging of the
Sagamore Creek Channel, New Hampshire.</DELETED>
<DELETED>SEC. 315. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW
JERSEY.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (d) Preservation of Natural Storage Areas.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Passaic River Flood Management Task Force.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Membership.--The task force shall be composed
of 20 members, appointed as follows:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Appointments by governor of new
jersey.--The Governor of New Jersey shall appoint 18
members to the task force, as follows:</DELETED>
<DELETED> (i) 2 representatives of the New
Jersey legislature who are members of different
political parties.</DELETED>
<DELETED> (ii) 1 representative of the State
of New Jersey.</DELETED>
<DELETED> (iii) 1 representative of each of
Bergen, Essex, Morris, and Passaic Counties,
New Jersey.</DELETED>
<DELETED> (iv) 6 representatives of
governments of municipalities affected by
flooding within the Passaic River
Basin.</DELETED>
<DELETED> (v) 1 representative of the
Palisades Interstate Park Commission.</DELETED>
<DELETED> (vi) 1 representative of the North
Jersey District Water Supply
Commission.</DELETED>
<DELETED> (vii) 1 representative of each
of--</DELETED>
<DELETED> (I) the Association of New
Jersey Environmental
Commissions;</DELETED>
<DELETED> (II) the Passaic River
Coalition; and</DELETED>
<DELETED> (III) the Sierra
Club.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Meetings.--</DELETED>
<DELETED> (A) Regular meetings.--The task force
shall hold regular meetings.</DELETED>
<DELETED> (B) Open meetings.--The meetings of the
task force shall be open to the public.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (6) Termination.--The task force shall terminate
on the date on which the Passaic River flood management project
is completed.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED>SEC. 316. ROCKAWAY INLET TO NORTON POINT, NEW YORK.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Cost Sharing.--The non-Federal share of the costs of
constructing the T-groins under subsection (a) shall be 35
percent.</DELETED>
<DELETED>SEC. 317. JOHN DAY POOL, OREGON AND WASHINGTON.</DELETED>
<DELETED> (a) Extinguishment of Reversionary Interests and Use
Restrictions.--With respect to the land described in each deed
specified in subsection (b)--</DELETED>
<DELETED> (1) the reversionary interests and the use
restrictions relating to port or industrial purposes are
extinguished;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Affected Deeds.--Subsection (a) applies to deeds with
the following county auditors' file numbers:</DELETED>
<DELETED> (1) Auditor's File Numbers 101244 and 1234170 of
Morrow County, Oregon, executed by the United States.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (B) Thence west along the centerline of
Third Avenue, a distance of 565 feet.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Thence north, parallel with the west
line of that sec. 7, to a point on the north line of
that sec. 7.</DELETED>
<DELETED> (E) Thence west along the north line
thereof to the northwest corner of that sec.
7.</DELETED>
<DELETED> (F) Thence south along the west line of
that sec. 7 to a point on the ordinary high water line
of the Columbia River.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (H) Thence north along that line to a
point on the south line of First Avenue of that
Addition.</DELETED>
<DELETED> (I) Thence west along First Avenue to a
point on the southerly extension of the west line of T.
18.</DELETED>
<DELETED> (J) Thence north along that west line of
T. 18 to the point of beginning.</DELETED>
<DELETED>SEC. 318. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE
ISLAND.</DELETED>
<DELETED> Section 352 of the Water Resources Development Act of 1999
(113 Stat. 310) is amended--</DELETED>
<DELETED> (1) by inserting ``(a) In General.--'' before
``The''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 319. JOE POOL LAKE, TRINITY RIVER BASIN, TEXAS.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) 1 installment in the amount of $2,150,000,
which shall be due and payable not later than December 1, 2000;
and</DELETED>
<DELETED> (2) 1 installment in the amount of $2,140,000,
which shall be due and payable not later than December 1,
2003.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 320. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW
YORK.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Lake champlain watershed.--The term ``Lake
Champlain watershed'' means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) the near-shore areas of Lake
Champlain within the counties referred to in clause
(i).</DELETED>
<DELETED> (b) Critical Restoration Projects.--</DELETED>
<DELETED> (1) In general.--The Secretary may participate in
critical restoration projects in the Lake Champlain
watershed.</DELETED>
<DELETED> (2) Types of projects.--A critical restoration
project shall be eligible for assistance under this section if
the critical restoration project consists of--</DELETED>
<DELETED> (A) implementation of an intergovernmental
agreement for coordinating regulatory and management
responsibilities with respect to the Lake Champlain
watershed;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (D) natural resource stewardship
activities on public or private land to promote land
uses that--</DELETED>
<DELETED> (i) preserve and enhance the
economic and social character of the
communities in the Lake Champlain watershed;
and</DELETED>
<DELETED> (ii) protect and enhance water
quality; or</DELETED>
<DELETED> (E) any other activity determined by the
Secretary to be appropriate.</DELETED>
<DELETED> (c) Public Ownership Requirement.--The Secretary may
provide assistance for a critical restoration project under this
section only if--</DELETED>
<DELETED> (1) the critical restoration project is publicly
owned; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Project Selection.--</DELETED>
<DELETED> (1) In general.--In consultation with the heads of
other appropriate Federal, State, tribal, and local agencies,
the Secretary may--</DELETED>
<DELETED> (A) identify critical restoration projects
in the Lake Champlain watershed; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Certification.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Cost Sharing.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to pay 35 percent of the total costs
of the critical restoration project;</DELETED>
<DELETED> (B) to acquire any land, easements,
rights-of-way, relocations, and dredged material
disposal areas necessary to carry out the critical
restoration project;</DELETED>
<DELETED> (C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the critical restoration project;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Non-federal share.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000, to remain
available until expended.</DELETED>
<DELETED>SEC. 321. MOUNT ST. HELENS, WASHINGTON.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 322. PUGET SOUND AND ADJACENT WATERS RESTORATION,
WASHINGTON.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Critical Restoration Projects.--The Secretary may
participate in critical restoration projects in the area of Puget
Sound, Washington, and adjacent waters, including--</DELETED>
<DELETED> (1) the watersheds that drain directly into Puget
Sound;</DELETED>
<DELETED> (2) Admiralty Inlet;</DELETED>
<DELETED> (3) Hood Canal;</DELETED>
<DELETED> (4) Rosario Strait; and</DELETED>
<DELETED> (5) the eastern portion of the Strait of Juan de
Fuca.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) identify critical restoration projects in the
area described in subsection (b); and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) the Salmon Recovery Funding Board;</DELETED>
<DELETED> (2) the Northwest Straits Commission;</DELETED>
<DELETED> (3) the Hood Canal Coordinating Council;</DELETED>
<DELETED> (4) county watershed planning councils;
and</DELETED>
<DELETED> (5) salmon enhancement groups.</DELETED>
<DELETED> (e) Cost Sharing.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) to pay 35 percent of the total costs
of the critical restoration project;</DELETED>
<DELETED> (B) to acquire any land, easements,
rights-of-way, relocations, and dredged material
disposal areas necessary to carry out the critical
restoration project;</DELETED>
<DELETED> (C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the critical restoration project;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Credit.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 323. FOX RIVER SYSTEM, WISCONSIN.</DELETED>
<DELETED> Section 332(a) of the Water Resources Development Act of
1992 (106 Stat. 4852) is amended--</DELETED>
<DELETED> (1) by striking ``The Secretary'' and inserting
the following:</DELETED>
<DELETED> ``(1) In general.--The Secretary''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 324. CHESAPEAKE BAY OYSTER RESTORATION.</DELETED>
<DELETED> Section 704(b) of the Water Resources Development Act of
1986 (33 U.S.C. 2263(b)) is amended--</DELETED>
<DELETED> (1) in the second sentence, by striking
``$7,000,000'' and inserting ``$20,000,000''; and</DELETED>
<DELETED> (2) by striking paragraph (4) and inserting the
following:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(B) for assistance in the construction
of which reefs the Chief of Engineers shall solicit
participation by and the services of commercial
watermen.''.</DELETED>
<DELETED>SEC. 325. GREAT LAKES DREDGING LEVELS ADJUSTMENT.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 326. GREAT LAKES FISHERY AND ECOSYSTEM
RESTORATION.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) the Great Lakes comprise a nationally and
internationally significant fishery and ecosystem;</DELETED>
<DELETED> (2) the Great Lakes fishery and ecosystem should
be developed and enhanced in a coordinated manner;
and</DELETED>
<DELETED> (3) the Great Lakes fishery and ecosystem provides
a diversity of opportunities, experiences, and beneficial
uses.</DELETED>
<DELETED> (b) Definitions.--In this section:</DELETED>
<DELETED> (1) Great lake.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (B) Inclusions.--The term ``Great Lake''
includes any connecting channel, historically connected
tributary, and basin of a lake specified in
subparagraph (A).</DELETED>
<DELETED> (2) Great lakes commission.--The term ``Great
Lakes Commission'' means The Great Lakes Commission established
by the Great Lakes Basin Compact (82 Stat. 414).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Secretary.--The term ``Secretary'' means the
Secretary of the Army.</DELETED>
<DELETED> (c) Great Lakes Fishery and Ecosystem Restoration.--
</DELETED>
<DELETED> (1) Support plan.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Cooperation.--The Secretary shall
develop the plan in cooperation with--</DELETED>
<DELETED> (i) the signatories to the Joint
Strategic Plan for Management of the Great
Lakes Fisheries; and</DELETED>
<DELETED> (ii) other affected
interests.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Evaluation program.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Studies.--Evaluations under
subparagraph (A) shall be conducted in consultation
with the Great Lakes Fishery Commission and appropriate
Federal, State, and local agencies.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Cost Sharing.--</DELETED>
<DELETED> (1) Development of plan.--The Federal share of the
cost of development of the plan under subsection (c)(1) shall
be 65 percent.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Non-federal share.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Operation and maintenance.--The operation,
maintenance, repair, rehabilitation, and replacement of
projects carried out under this section shall be a non-Federal
responsibility.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Authorization of Appropriations.--</DELETED>
<DELETED> (1) Development of plan.--There is authorized to
be appropriated for development of the plan under subsection
(c)(1) $300,000.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 327. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) in subsection (a)(2)(A), by striking ``50
percent'' and inserting ``35 percent'';</DELETED>
<DELETED> (2) in subsection (b)--</DELETED>
<DELETED> (A) by striking paragraph (3);</DELETED>
<DELETED> (B) in the first sentence of paragraph
(4), by striking ``50 percent'' and inserting ``35
percent''; and</DELETED>
<DELETED> (C) by redesignating paragraph (4) as
paragraph (3); and</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 328. GREAT LAKES TRIBUTARY MODEL.</DELETED>
<DELETED> Section 516 of the Water Resources Development Act of 1996
(33 U.S.C. 2326b) is amended--</DELETED>
<DELETED> (1) in subsection (e), by adding at the end the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (2) in subsection (g)--</DELETED>
<DELETED> (A) by striking ``There is authorized''
and inserting the following:</DELETED>
<DELETED> ``(1) In general.--There is authorized'';
and</DELETED>
<DELETED> (B) by adding at the end the
following:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 329. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND
SOUND.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Project Considerations.--In carrying out subsection
(a), the Secretary shall, to the maximum extent practicable--</DELETED>
<DELETED> (1) encourage partnerships between the public and
private sectors;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) section 405 of the Water Resources
Development Act of 1992 (33 U.S.C. 2239 note; 106 Stat.
4863); or</DELETED>
<DELETED> (B) section 503 of the Water Resources
Development Act of 1999 (33 U.S.C. 2314 note; 113 Stat.
337);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $20,000,000.</DELETED>
<DELETED>SEC. 330. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM
RESTORATION.</DELETED>
<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Assessment.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Matters to be addressed.--The assessment shall
include--</DELETED>
<DELETED> (A) development of criteria for
identifying and prioritizing the most critical problems
and needs; and</DELETED>
<DELETED> (B) a framework for development of
watershed or regional restoration plans.</DELETED>
<DELETED> (3) Use of existing information.--In performing
the assessment, the Secretary shall, to the maximum extent
practicable, use--</DELETED>
<DELETED> (A) information that is available on the
date of enactment of this Act; and</DELETED>
<DELETED> (B) ongoing efforts of all participating
agencies.</DELETED>
<DELETED> (4) Criteria; framework.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) criteria for identifying and
prioritizing critical problems and needs;
and</DELETED>
<DELETED> (ii) a framework for development
of watershed or regional restoration
plans.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Report.--Not later than October l, 2002, the
Secretary shall submit to Congress a report on the
assessment.</DELETED>
<DELETED> (c) Restoration Plans.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) develop a comprehensive plan for
restoring, preserving, and protecting the water
resources and ecosystem in each watershed and region in
New England; and</DELETED>
<DELETED> (B) submit the plan to Congress.</DELETED>
<DELETED> (2) Contents.--Each restoration plan shall
include--</DELETED>
<DELETED> (A) a feasibility report; and</DELETED>
<DELETED> (B) a programmatic environmental impact
statement covering the proposed Federal
action.</DELETED>
<DELETED> (d) Critical Restoration Projects.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) is justified by the environmental
benefits derived from the ecosystem; and</DELETED>
<DELETED> (B) shall not need further economic
justification if the Secretary determines that the
project is cost effective.</DELETED>
<DELETED> (4) Time limitation.--No critical restoration
project may be initiated under this subsection after September
30, 2005.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Cost Sharing.--</DELETED>
<DELETED> (1) Assessment.--</DELETED>
<DELETED> (A) In general.--The non-Federal share of
the cost of the assessment under subsection (b) shall
be 25 percent.</DELETED>
<DELETED> (B) In-kind contributions.--The non-
Federal share may be provided in the form of services,
materials, or other in-kind contributions.</DELETED>
<DELETED> (2) Restoration plans.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Critical restoration projects.--</DELETED>
<DELETED> (A) In general.--The non-Federal share of
the cost of carrying out a critical restoration project
under subsection (d) shall be 35 percent.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (C) Required non-federal contribution.--
For any critical restoration project, the non-Federal
interest shall--</DELETED>
<DELETED> (i) provide all land, easements,
rights-of-way, dredged material disposal areas,
and relocations;</DELETED>
<DELETED> (ii) pay all operation,
maintenance, replacement, repair, and
rehabilitation costs; and</DELETED>
<DELETED> (iii) hold the United States
harmless from all claims arising from the
construction, operation, and maintenance of the
project.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (f) Authorization of Appropriations.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Critical restoration projects.--There is
authorized to be appropriated to carry out subsection (d)
$30,000,000.</DELETED>
<DELETED>SEC. 331. PROJECT DEAUTHORIZATIONS.</DELETED>
<DELETED> The following projects or portions of projects are not
authorized after the date of enactment of this Act:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Wallabout channel, brooklyn, new york.--
</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (B) Courses and distances.--The courses
and distances referred to in subparagraph (A) are the
following:</DELETED>
<DELETED> (i) South 85 degrees, 44 minutes,
13 seconds East 87.94 feet (coordinate:
N682,300.86, E639,005.80).</DELETED>
<DELETED> (ii) North 74 degrees, 41 minutes,
30 seconds East 271.54 feet (coordinate:
N682,372.55, E639,267.71).</DELETED>
<DELETED> (iii) South 4 degrees, 46 minutes,
02 seconds West 170.95 feet (coordinate:
N682,202.20, E639,253.50).</DELETED>
<DELETED> (iv) South 4 degrees, 46 minutes,
02 seconds West 239.97 feet (coordinate:
N681,963.06, E639,233.56).</DELETED>
<DELETED> (v) North 50 degrees, 48 minutes,
26 seconds West 305.48 feet (coordinate:
N682,156.10, E638,996.80).</DELETED>
<DELETED> (vi) North 3 degrees, 33 minutes,
25 seconds East 145.04 feet (coordinate:
N682.300.86, E639,005.80).</DELETED>
<DELETED>TITLE IV--STUDIES</DELETED>
<DELETED>SEC. 401. BALDWIN COUNTY, ALABAMA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 402. BONO, ARKANSAS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 403. CACHE CREEK BASIN, CALIFORNIA.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Required Elements.--The study shall include
consideration of--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (3) such other features as the Secretary
determines to be appropriate.</DELETED>
<DELETED>SEC. 404. ESTUDILLO CANAL WATERSHED, CALIFORNIA.</DELETED>
<DELETED> The Secretary may conduct a study to determine the
feasibility of constructing flood control measures in the Estudillo
Canal watershed, San Leandro, Calfornia.</DELETED>
<DELETED>SEC. 405. LAGUNA CREEK WATERSHED, CALIFORNIA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 406. OCEANSIDE, CALIFORNIA.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) to mitigate for the erosion and other impacts
resulting from the construction of Camp Pendleton Harbor,
Oceanside, California, as a wartime measure; and</DELETED>
<DELETED> (2) to restore beach conditions along the affected
public and private shores to the conditions that existed before
the construction of Camp Pendleton Harbor.</DELETED>
<DELETED>SEC. 407. SAN JACINTO WATERSHED, CALIFORNIA.</DELETED>
<DELETED> (a) In General.--The Secretary may conduct a watershed
study for the San Jacinto watershed, California.</DELETED>
<DELETED> (b) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $250,000.</DELETED>
<DELETED>SEC. 408. CHOCTAWHATCHEE RIVER, FLORIDA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 409. EGMONT KEY, FLORIDA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 410. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER
BASINS, FLORIDA.</DELETED>
<DELETED> (a) In General.--The Secretary may conduct a restudy of
flooding and water quality issues in--</DELETED>
<DELETED> (1) the upper Ocklawaha River basin, south of the
Silver River; and</DELETED>
<DELETED> (2) the Apopka River and Palatlakaha River
basins.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>SEC. 411. BOISE RIVER, IDAHO.</DELETED>
<DELETED> The Secretary may conduct a study to determine the
feasibility of carrying out multi-objective flood control activities
along the Boise River, Idaho.</DELETED>
<DELETED>SEC. 412. WOOD RIVER, IDAHO.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 413. CHICAGO, ILLINOIS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Sites.--Under subsection (a), the Secretary may
study--</DELETED>
<DELETED> (1) the USX/Southworks site;</DELETED>
<DELETED> (2) Calumet Lake and River;</DELETED>
<DELETED> (3) the Canal Origins Heritage Corridor;
and</DELETED>
<DELETED> (4) Ping Tom Park.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 414. BOEUF AND BLACK, LOUISIANA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 415. PORT OF IBERIA, LOUISIANA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 416. SOUTH LOUISIANA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 417. ST. JOHN THE BAPTIST PARISH, LOUISIANA.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 418. NARRAGUAGUS RIVER, MILBRIDGE, MAINE.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 419. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND
NEW HAMPSHIRE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 420. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW
HAMPSHIRE.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 421. PORT OF GULFPORT, MISSISSIPPI.</DELETED>
<DELETED> 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)--
</DELETED>
<DELETED> (1) to widen the channel from 300 feet to 450
feet; and</DELETED>
<DELETED> (2) to deepen the South Harbor channel from 36
feet to 42 feet and the North Harbor channel from 32 feet to 36
feet.</DELETED>
<DELETED>SEC. 422. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 423. MISSOURI RIVER BASIN, NORTH DAKOTA, SOUTH DAKOTA,
AND NEBRASKA.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (c) Land To Be Studied.--The land authorized to be studied
for conveyance is the land that--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (2) is located within the external boundaries of
the reservations of--</DELETED>
<DELETED> (A) the Three Affiliated Tribes of the
Fort Berthold Reservation, North Dakota;</DELETED>
<DELETED> (B) the Standing Rock Sioux Tribe of North
Dakota and South Dakota;</DELETED>
<DELETED> (C) the Crow Creek Sioux Tribe of the Crow
Creek Reservation, South Dakota;</DELETED>
<DELETED> (D) the Yankton Sioux Tribe of South
Dakota; and</DELETED>
<DELETED> (E) the Santee Sioux Tribe of
Nebraska.</DELETED>
<DELETED>SEC. 424. CUYAHOGA RIVER, OHIO.</DELETED>
<DELETED> Section 438 of the Water Resources Development Act of 1996
(110 Stat. 3746) is amended to read as follows:</DELETED>
<DELETED>``SEC. 438. CUYAHOGA RIVER, OHIO.</DELETED>
<DELETED> ``(a) In General.--The Secretary may--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(2) provide to the non-Federal interest design
analysis, plans and specifications, and cost estimates for
repair or replacement of the bulkhead system.</DELETED>
<DELETED> ``(b) Cost Sharing.--The non-Federal share of the cost of
the study shall be 35 percent.</DELETED>
<DELETED> ``(c) Authorization of Appropriations.--There is
authorized to be appropriated to carry out this section
$500,000.''.</DELETED>
<DELETED>SEC. 425. FREMONT, OHIO.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 426. GRAND LAKE, OKLAHOMA.</DELETED>
<DELETED> (a) Evaluation.--The Secretary may--</DELETED>
<DELETED> (1) evaluate the backwater effects specifically
due to flood control operations on land around Grand Lake,
Oklahoma; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Feasibility Study.--</DELETED>
<DELETED> (1) In general.--The Secretary may conduct a study
to determine the feasibility of--</DELETED>
<DELETED> (A) addressing the backwater effects of
the operation of the Pensacola Dam, Grand/Neosho River
basin; and</DELETED>
<DELETED> (B) purchasing easements for any land that
has been adversely affected by backwater flooding in
the Grand/Neosho River basin.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 427. DREDGED MATERIAL DISPOSAL SITE, RHODE
ISLAND.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 428. CHICKAMAUGA LOCK AND DAM, TENNESSEE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 429. GERMANTOWN, TENNESSEE.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Justification Analysis.--The Secretary shall include
environmental and water quality benefits in the justification analysis
for the project.</DELETED>
<DELETED> (c) Cost Sharing.--</DELETED>
<DELETED> (1) Federal share.--The Federal share of the costs
of the feasibility study under subsection (a)--</DELETED>
<DELETED> (A) shall not exceed 25 percent;
and</DELETED>
<DELETED> (B) shall be provided in the form of in-
kind contributions.</DELETED>
<DELETED> (2) Non-federal share.--The Secretary--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 430. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND
MISSISSIPPI.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 431. CEDAR BAYOU, TEXAS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 432. HOUSTON SHIP CHANNEL, TEXAS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 433. SAN ANTONIO CHANNEL, TEXAS.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 434. WHITE RIVER WATERSHED BELOW MUD MOUNTAIN DAM,
WASHINGTON.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) constructed and natural environs;</DELETED>
<DELETED> (2) capital improvements;</DELETED>
<DELETED> (3) water resource infrastructure;</DELETED>
<DELETED> (4) ecosystem restoration;</DELETED>
<DELETED> (5) flood control;</DELETED>
<DELETED> (6) fish passage;</DELETED>
<DELETED> (7) collaboration by, and the interests of,
regional stakeholders;</DELETED>
<DELETED> (8) recreational and socioeconomic interests;
and</DELETED>
<DELETED> (9) other issues determined by the
Secretary.</DELETED>
<DELETED>SEC. 435. WILLAPA BAY, WASHINGTON.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Project.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) is a cost-effective means of providing
erosion protection;</DELETED>
<DELETED> (B) is environmentally acceptable and
technically feasible; and</DELETED>
<DELETED> (C) will improve the economic and social
conditions of the Shoalwater Bay Indian
Tribe.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE V--MISCELLANEOUS PROVISIONS</DELETED>
<DELETED>SEC. 501. VISITORS CENTERS.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 502. CALFED BAY-DELTA PROGRAM ASSISTANCE,
CALIFORNIA.</DELETED>
<DELETED> (a) In General.--The Secretary--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Cooperative Activities.--In participating in the
CALFED Bay-Delta Program under subsection (a), the Secretary may--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 503. CONVEYANCE OF LIGHTHOUSE, ONTONAGON,
MICHIGAN.</DELETED>
<DELETED> (a) In General.--The Secretary may convey to the Ontonagon
County Historical Society, at full Federal expense--</DELETED>
<DELETED> (1) the lighthouse at Ontonagon, Michigan;
and</DELETED>
<DELETED> (2) the land underlying and adjacent to the
lighthouse (including any improvements on the land) that is
under the jurisdiction of the Secretary.</DELETED>
<DELETED> (b) Map.--The Secretary shall--</DELETED>
<DELETED> (1) determine--</DELETED>
<DELETED> (A) the extent of the land conveyance
under this section; and</DELETED>
<DELETED> (B) the exact acreage and legal
description of the land to be conveyed under this
section; and</DELETED>
<DELETED> (2) prepare a map that clearly identifies any land
to be conveyed.</DELETED>
<DELETED> (c) Conditions.--The Secretary may--</DELETED>
<DELETED> (1) obtain all necessary easements and rights-of-
way; and</DELETED>
<DELETED> (2) impose such terms, conditions, reservations,
and restrictions on the conveyance;</DELETED>
<DELETED>as the Secretary determines to be necessary to protect the
public interest.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) the lighthouse; or</DELETED>
<DELETED> (2) the conveyed land and improvements.</DELETED>
<DELETED> (f) Applicability of Environmental Law.--Nothing in this
section affects the potential liability of any person under any
applicable environmental law.</DELETED>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water Resources
Development Act of 2000''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small shore protection projects.
Sec. 103. Small navigation projects.
Sec. 104. Removal of snags and clearing and straightening of channels
in navigable waters.
Sec. 105. Small bank stabilization projects.
Sec. 106. Small flood control projects.
Sec. 107. Small projects for improvement of the quality of the
environment.
Sec. 108. Beneficial uses of dredged material.
Sec. 109. Small aquatic ecosystem restoration projects.
Sec. 110. Flood mitigation and riverine restoration.
Sec. 111. Disposal of dredged material on beaches.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
Sec. 206. National Recreation Reservation Service.
Sec. 207. Operation and maintenance of hydroelectric facilities.
Sec. 208. Interagency and international support.
Sec. 209. Reburial and conveyance authority.
Sec. 210. Approval of construction of dams and dikes.
Sec. 211. Project deauthorization authority.
Sec. 212. Floodplain management requirements.
Sec. 213. Environmental dredging.
Sec. 214. Regulatory analysis and management systems data.
Sec. 215. Performance of specialized or technical services.
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. Red River Waterway, Louisiana.
Sec. 307. William Jennings Randolph Lake, Maryland.
Sec. 308. Missouri River Valley, Missouri.
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. Sagamore Creek, New Hampshire.
Sec. 314. Passaic River Basin flood management, New Jersey.
Sec. 315. Rockaway Inlet to Norton Point, New York.
Sec. 316. John Day Pool, Oregon and Washington.
Sec. 317. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 318. Houston-Galveston Navigation Channels, Texas.
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.
Sec. 436. Upper Mississippi River basin sediment and nutrient study.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.
Sec. 504. Land conveyance, Candy Lake, Oklahoma.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
Sec. 601. Comprehensive Everglades Restoration Plan.
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.--
(A) In general.--The project for hurricane
protection, Morganza, Louisiana, to the Gulf of Mexico,
at a total cost of $550,000,000, with an estimated
Federal cost of $358,000,000 and an estimated non-
Federal cost of $192,000,000.
(B) Credit.--The non-Federal interests shall
receive credit toward the non-Federal share of project
costs for the costs of any work carried out by the non-
Federal interests for interim flood protection after
March 31, 1989, if the Secretary finds that the work is
compatible with, and integral to, the project.
(17) Chesterfield, missouri.--The project to implement
structural and nonstructural measures to prevent flood damage
to Chesterfield, Missouri, and the surrounding area, at a total
cost of $63,000,000, with an estimated Federal cost of
$40,950,000 and an estimated non-Federal cost of $22,050,000.
(18) 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.
(19) 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.
(20) 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.
(21) 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.
(22) Jackson hole, wyoming.--
(A) In general.--The project for environmental
restoration, Jackson Hole, Wyoming, at a total cost of
$66,500,000, with an estimated Federal cost of
$43,225,000 and an estimated non-Federal cost of
$23,275,000.
(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.
(23) Ohio river.--
(A) In general.--The program for protection and
restoration of fish and wildlife habitat in and along
the main stem of the Ohio River, consisting of projects
described in a comprehensive plan, at a total cost of
$200,000,000, with an estimated Federal cost of
$130,000,000 and an estimated non-Federal cost of
$70,000,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of
the costs of any project under the program may
be provided in cash or in the form of in-kind
services or materials.
(ii) Credit.--The non-Federal interest
shall receive credit toward the non-Federal
share of project costs for design and
construction work carried out by the non-
Federal interest before the date of execution
of a project cooperation agreement for the
project, if the Secretary finds that the work
is integral to the project.
SEC. 102. SMALL SHORE PROTECTION PROJECTS.
The Secretary shall conduct a study for each of the following
projects, and if the Secretary determines that a project is feasible,
may carry out the project under section 3 of the Act of August 13, 1946
(33 U.S.C. 426g):
(1) Lake palourde, louisiana.--Project for beach
restoration and protection, Highway 70, Lake Palourde, St. Mary
and St. Martin Parishes, Louisiana.
(2) St. bernard, louisiana.--Project for beach restoration
and protection, Bayou Road, St. Bernard, Louisiana.
SEC. 103. SMALL NAVIGATION PROJECTS.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577):
(1) 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) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(11) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North Hampton,
New Hampshire.
(12) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain, Highland
County, Ohio.
(13) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(14) Tuscarawas county, ohio.--Project for aquatic
ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
(15) Central amazon creek, oregon.--Project for aquatic
ecosystem restoration, Central Amazon Creek, Oregon.
(16) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(17) Eugene millrace, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Oregon.
(18) Medford, oregon.--Project for aquatic ecosystem
restoration, Bear Creek watershed, Medford, Oregon.
(19) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORATION.
Section 212(e) of the Water Resources Development Act of 1999 (33
U.S.C. 2332(e)) is amended--
(1) in paragraph (22), by striking ``and'' at the end;
(2) in paragraph (23), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa.''.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999 (113
Stat. 294) is amended by adding at the end the following:
``(f) Fort Canby State Park, Benson Beach, Washington.--The
Secretary may design and construct a shore protection project at Fort
Canby State Park, Benson Beach, Washington, including beneficial use of
dredged material from Federal navigation projects as provided under
section 145 of the Water Resources Development Act of 1976 (33 U.S.C.
426j).''.
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)) is amended in the second sentence--
(1) by striking ``State legislative''; and
(2) by inserting before the period at the end the
following: ``of the State or a body politic of the State''.
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (100
Stat. 4164) is amended to read as follows:
``SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.
``(a) In General.--The Secretary may assess the water resources
needs of river basins and watersheds of the United States, including
needs relating to--
``(1) ecosystem protection and restoration;
``(2) flood damage reduction;
``(3) navigation and ports;
``(4) watershed protection;
``(5) water supply; and
``(6) drought preparedness.
``(b) Cooperation.--An assessment under subsection (a) shall be
carried out in cooperation and coordination with--
``(1) the Secretary of the Interior;
``(2) the Secretary of Agriculture;
``(3) the Secretary of Commerce;
``(4) the Administrator of the Environmental Protection
Agency; and
``(5) the heads of other appropriate agencies.
``(c) Consultation.--In carrying out an assessment under subsection
(a), the Secretary shall consult with Federal, tribal, State,
interstate, and local governmental entities.
``(d) Priority River Basins and Watersheds.--In selecting river
basins and watersheds for assessment under this section, the Secretary
shall give priority to--
``(1) the Delaware River basin; and
``(2) the Willamette River basin, Oregon.
``(e) Acceptance of Contributions.--In carrying out an assessment
under subsection (a), the Secretary may accept contributions, in cash
or in kind, from Federal, tribal, State, interstate, and local
governmental entities to the extent that the Secretary determines that
the contributions will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the
costs of an assessment carried out under this section shall be
50 percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the
non-Federal interests may receive credit toward the
non-Federal share required under paragraph (1) for the
provision of services, materials, supplies, or other
in-kind contributions.
``(B) Maximum amount of credit.--Credit under
subparagraph (A) shall not exceed an amount equal to 25
percent of the costs of the assessment.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.''.
SEC. 203. TRIBAL PARTNERSHIP PROGRAM.
(a) Definition of Indian Tribe.--In this section, the term ``Indian
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Program.--
(1) In general.--In cooperation with Indian tribes and the
heads of other Federal agencies, the Secretary may study and
determine the feasibility of carrying out water resources
development projects that--
(A) will substantially benefit Indian tribes; and
(B) are located primarily within Indian country (as
defined in section 1151 of title 18, United States
Code) or in proximity to Alaska Native villages.
(2) Matters to be studied.--A study conducted under
paragraph (1) may address--
(A) projects for flood damage reduction,
environmental restoration and protection, and
preservation of cultural and natural resources; and
(B) such other projects as the Secretary, in
cooperation with Indian tribes and the heads of other
Federal agencies, determines to be appropriate.
(c) Consultation and Coordination With Secretary of the Interior.--
(1) In general.--In recognition of the unique role of the
Secretary of the Interior concerning trust responsibilities
with Indian tribes, and in recognition of mutual trust
responsibilities, the Secretary shall consult with the
Secretary of the Interior concerning studies conducted under
subsection (b).
(2) Integration of activities.--The Secretary shall--
(A) integrate civil works activities of the
Department of the Army with activities of the
Department of the Interior to avoid conflicts,
duplications of effort, or unanticipated adverse
effects on Indian tribes; and
(B) consider the authorities and programs of the
Department of the Interior and other Federal agencies
in any recommendations concerning carrying out projects
studied under subsection (b).
(d) Priority Projects.--In selecting water resources development
projects for study under this section, the Secretary shall give
priority to--
(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, a project for navigation, storm damage
protection, shoreline erosion, hurricane protection, or
recreation, or an agricultural water supply project, shall be
subject to the ability of the non-Federal interest to pay.
``(2) Criteria and procedures.--
``(A) In general.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with--
``(i) during the period ending on the date
on which revised criteria and procedures are
promulgated under subparagraph (B), criteria
and procedures in effect on the day before the
date of enactment of this subparagraph; and
``(ii) after the date on which revised
criteria and procedures are promulgated under
subparagraph (B), the revised criteria and
procedures promulgated under subparagraph (B).
``(B) Revised criteria and procedures.--Not later
than 18 months after the date of enactment of this
subparagraph, in accordance with paragraph (3), the
Secretary shall promulgate revised criteria and
procedures governing the ability of a non-Federal
interest to pay.''; and
(2) in paragraph (3)--
(A) in subparagraph (A)(ii), by adding ``and'' at
the end; and
(B) by striking subparagraphs (B) and (C) and
inserting the following:
``(B) may consider additional criteria relating
to--
``(i) the financial ability of the non-
Federal interest to carry out its cost-sharing
responsibilities; or
``(ii) additional assistance that may be
available from other Federal or State
sources.''.
SEC. 205. PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary may carry out a program to reduce
vandalism and destruction of property at water resources development
projects under the jurisdiction of the Department of the Army.
(b) Provision of Rewards.--In carrying out the program, the
Secretary may provide rewards (including cash rewards) to individuals
who provide information or evidence leading to the arrest and
prosecution of individuals causing damage to Federal property.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for each fiscal year.
SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.
Notwithstanding section 611 of the Treasury and General Government
Appropriations Act, 1999 (Public Law 105-277; 112 Stat. 2681-515), the
Secretary may--
(1) participate in the National Recreation Reservation
Service on an interagency basis; and
(2) pay the Department of the Army's share of the
activities required to implement, operate, and maintain the
Service.
SEC. 207. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILITIES.
Section 314 of the Water Resources Development Act of 1990 (33
U.S.C. 2321) is amended in the first sentence by inserting before the
period at the end the following: ``in cases in which the activities
require specialized training relating to hydroelectric power
generation''.
SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.
Section 234(d) of the Water Resources Development Act of 1996 (33
U.S.C. 2323a(d)) is amended--
(1) in the first sentence, by striking ``$1,000,000'' and
inserting ``$2,000,000''; and
(2) in the second sentence, by inserting ``out'' after
``carry''.
SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.
(a) Definition of Indian Tribe.--In this section, the term ``Indian
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Reburial.--
(1) Reburial areas.--In consultation with affected Indian
tribes, the Secretary may identify and set aside areas at civil
works projects of the Department of the Army that may be used
to rebury Native American remains that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal
descendant or Indian tribe in accordance with
applicable Federal law.
(2) Reburial.--In consultation with and with the consent of
the lineal descendant or the affected Indian tribe, the
Secretary may recover and rebury, at full Federal expense, the
remains at the areas identified and set aside under subsection
(b)(1).
(c) Conveyance Authority.--
(1) In general.--Subject to paragraph (2), notwithstanding
any other provision of law, the Secretary may convey to an
Indian tribe for use as a cemetery an area at a civil works
project that is identified and set aside by the Secretary under
subsection (b)(1).
(2) Retention of necessary property interests.--In carrying
out paragraph (1), the Secretary shall retain any necessary
right-of-way, easement, or other property interest that the
Secretary determines to be necessary to carry out the
authorized purposes of the project.
SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND DIKES.
Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is amended--
(1) by inserting ``(a) In General.--'' before ``It shall'';
(2) by striking ``However, such structures'' and inserting
the following:
``(b) Waterways Within a Single State.--Notwithstanding subsection
(a), structures described in subsection (a)'';
(3) by striking ``When plans'' and inserting the following:
``(c) Modification of Plans.--When plans'';
(4) by striking ``The approval'' and inserting the
following:
``(d) Applicability.--
``(1) Bridges and causeways.--The approval''; and
(5) in subsection (d) (as designated by paragraph (4)), by
adding at the end the following:
``(2) Dams and dikes.--
``(A) In general.--The approval required by this
section of the location and plans, or any modification
of plans, of any dam or dike, applies only to a dam or
dike that, if constructed, would completely span a
waterway used to transport interstate or foreign
commerce, in such a manner that actual, existing
interstate or foreign commerce could be adversely
affected.
``(B) Other dams and dikes.--Any dam or dike (other
than a dam or dike described in subparagraph (A)) that
is proposed to be built in any other navigable water of
the United States--
``(i) shall be subject to section 10; and
``(ii) shall not be subject to the approval
requirements of this section.''.
SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.
Section 1001 of the Water Resources Development Act of 1986 (33
U.S.C. 579a) is amended to read as follows:
``SEC. 1001. PROJECT DEAUTHORIZATIONS.
``(a) Definitions.--In this section:
``(1) Construction.--The term `construction', with respect
to a project or separable element, means--
``(A) in the case of--
``(i) a nonstructural flood control
project, the acquisition of land, an easement,
or a right-of-way primarily to relocate a
structure; and
``(ii) in the case of any other
nonstructural measure, the performance of
physical work under a construction contract;
``(B) in the case of an environmental protection
and restoration project--
``(i) the acquisition of land, an easement,
or a right-of-way primarily to facilitate the
restoration of wetland or a similar habitat; or
``(ii) the performance of physical work
under a construction contract to modify an
existing project facility or to construct a new
environmental protection and restoration
measure; and
``(C) in the case of any other water resources
project, the performance of physical work under a
construction contract.
``(2) Physical work under a construction contract.--The
term `physical work under a construction contract' does not
include any activity related to project planning, engineering
and design, relocation, or the acquisition of land, an
easement, or a right-of-way.
``(b) Projects Never Under Construction.--
``(1) List of projects.--The Secretary shall annually
submit to Congress a list of projects and separable elements of
projects that--
``(A) are authorized for construction; and
``(B) for which no Federal funds were obligated for
construction during the 4 full fiscal years preceding
the date of submission of the list.
``(2) Deauthorization.--Any water resources project, or
separable element of a water resources project, authorized for
construction shall be deauthorized effective at the end of the
7-year period beginning on the date of the most recent
authorization or reauthorization of the project or separable
element unless Federal funds have been obligated for
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.''.
SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYSTEMS DATA.
(a) In General.--Beginning October 1, 2000, the Secretary, acting
through the Chief of Engineers, shall publish, on the Army Corps of
Engineers' Regulatory Program website, quarterly reports that include
all Regulatory Analysis and Management Systems (RAMS) data.
(b) Data.--Such RAMS data shall include--
(1) the date on which an individual or nationwide permit
application under section 404 of the Federal Water Pollution
Control Act (33 U.S.C. 1344) is first received by the Corps;
(2) the date on which the application is considered
complete;
(3) the date on which the Corps either grants (with or
without conditions) or denies the permit; and
(4) if the application is not considered complete when
first received by the Corps, a description of the reason the
application was not considered complete.
SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.
(a) Definition of State.--In this section, the term ``State'' has
the meaning given the term in section 6501 of title 31, United States
Code.
(b) Authority.--The Corps of Engineers may provide specialized or
technical services to a Federal agency (other than a Department of
Defense agency), State, or local government of the United States under
section 6505 of title 31, United States Code, only if the chief
executive of the requesting entity submits to the Secretary--
(1) a written request describing the scope of the services
to be performed and agreeing to reimburse the Corps for all
costs associated with the performance of the services; and
(2) a certification that includes adequate facts to
establish that the services requested are not reasonably and
quickly available through ordinary business channels.
(c) Corps Agreement To Perform Services.--The Secretary, after
receiving a request described in subsection (b) to provide specialized
or technical services, shall, before entering into an agreement to
perform the services--
(1) ensure that the requirements of subsection (b) are met
with regard to the request for services; and
(2) execute a certification that includes adequate facts to
establish that the Corps is uniquely equipped to perform such
services.
(d) Annual Report to Congress.--
(1) In general.--Not later than the end of each calendar
year, the Secretary shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying any request submitted
by a Federal agency (other than a Department of Defense
agency), State, or local government of the United States to the
Corps to provide specialized or technical services.
(2) Contents of report.--The report shall include, with
respect to each request described in paragraph (1)--
(A) a description of the scope of services
requested;
(B) the certifications required under subsection
(b) and (c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services
performed; and
(G) copies of all certifications in support of the
request.
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 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. 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. 307. 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. 308. MISSOURI RIVER VALLEY, MISSOURI.
(a) Short Title.--This section may be cited as the ``Missouri River
Valley Improvement Act''.
(b) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) Lewis and Clark were pioneering naturalists
that recorded dozens of species previously unknown to
science while ascending the Missouri River in 1804;
(B) the Missouri River, which is 2,321 miles long,
drains \1/6\ of the United States, is home to
approximately 10,000,000 people in 10 States and 28
Native American tribes, and is a resource of
incalculable value to the United States;
(C) the construction of dams, levees, and river
training structures in the past 150 years has aided
navigation, flood control, and water supply along the
Missouri River, but has reduced habitat for native
river fish and wildlife;
(D) river organizations, including the Missouri
River Basin Association, support habitat restoration,
riverfront revitalization, and improved operational
flexibility so long as those efforts do not
significantly interfere with uses of the Missouri
River; and
(E) restoring a string of natural places by the
year 2004 would aid native river fish and wildlife,
reduce flood losses, enhance recreation and tourism,
and celebrate the bicentennial of Lewis and Clark's
voyage.
(2) Purposes.--The purposes of this section are--
(A) to protect, restore, and enhance the fish,
wildlife, and plants, and the associated habitats on
which they depend, of the Missouri River;
(B) to restore a string of natural places that aid
native river fish and wildlife, reduce flood losses,
and enhance recreation and tourism;
(C) to revitalize historic riverfronts to improve
quality of life in riverside communities and attract
recreation and tourism;
(D) to monitor the health of the Missouri River and
measure biological, chemical, geological, and
hydrological responses to changes in Missouri River
management;
(E) to allow the Corps of Engineers increased
authority to restore and protect fish and wildlife
habitat on the Missouri River;
(F) to protect and replenish cottonwoods, and their
associated riparian woodland communities, along the
upper Missouri River; and
(G) to educate the public about the economic,
environmental, and cultural importance of the Missouri
River and the scientific and cultural discoveries of
Lewis and Clark.
(c) Definition of Missouri River.--In this section, the term
``Missouri River'' means the Missouri River and the adjacent floodplain
that extends from the mouth of the Missouri River (RM 0) to the
confluence of the Jefferson, Madison, and Gallatin Rivers (RM 2341) in
the State of Montana.
(d) Authority To Protect, Enhance, and Restore Fish and Wildlife
Habitat.--Section 9(b) of the Act of December 22, 1944 (58 Stat. 891,
chapter 665), is amended--
(1) by striking ``(b) The general'' and inserting the
following:
``(b) Comprehensive Plan.--
``(1) In general.--The general'';
(2) by striking ``paragraph'' and inserting ``subsection'';
and
(3) by adding at the end the following:
``(2) Fish and wildlife habitat.--In addition to carrying
out the duties under the comprehensive plan described in
paragraph (1), the Chief of Engineers shall protect, enhance,
and restore fish and wildlife habitat on the Missouri River to
the extent consistent with other authorized project
purposes.''.
(e) Integration of Activities.--
(1) In general.--In carrying out this section and in
accordance with paragraph (2), the Secretary shall provide for
such activities as are necessary to protect and enhance fish
and wildlife habitat without adversely affecting--
(A) the water-related needs of the Missouri River
basin, including flood control, navigation, hydropower,
water supply, and recreation; and
(B) private property rights.
(2) New authority.--Nothing in this section confers any new
regulatory authority on any Federal or non-Federal entity that
carries out any activity under this section.
(f) Missouri River Mitigation Project.--The matter under the
heading ``missouri river mitigation, missouri, kansas, iowa, and
nebraska'' of section 601(a) of the Water Resources Development Act of
1986 (100 Stat. 4143) is amended by adding at the end the following:
``There is authorized to be appropriated to carry out this paragraph
$20,000,000 for each of fiscal years 2001 through 2010, contingent on
the completion by December 31, 2000, of the study under this
heading.''.
(g) Upper Missouri River Aquatic and Riparian Habitat Mitigation
Program.--
(1) In general.--
(A) Study.--Not later than 2 years after the date
of enactment of this Act, the Secretary, through an
interagency agreement with the Director of the United
States Fish and Wildlife Service and in accordance with
the Fish and Wildlife Conservation Act of 1980 (16
U.S.C. 2901 et seq.), shall complete a study that--
(i) analyzes any adverse effects on aquatic
and riparian-dependent fish and wildlife
resulting from the operation of the Missouri
River Mainstem Reservoir Project in the States
of Nebraska, South Dakota, North Dakota, and
Montana;
(ii) recommends measures appropriate to
mitigate the adverse effects described in
clause (i); and
(iii) develops baseline geologic and
hydrologic data relating to aquatic and
riparian habitat.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the study
under subparagraph (A).
(2) Pilot program.--The Secretary, in consultation with the
Director of the United States Fish and Wildlife Service and the
affected State fish and wildlife agencies, shall develop and
administer a pilot mitigation program that--
(A) involves the experimental releases of warm
water from the spillways at Fort Peck Dam during the
appropriate spawning periods for native fish;
(B) involves the monitoring of the response of fish
to and the effectiveness of the preservation of native
fish and wildlife habitat of the releases described in
subparagraph (A); and
(C) shall not adversely impact a use of the
reservoir existing on the date on which the pilot
program is implemented.
(3) Reservoir fish loss study.--
(A) In general.--Not later than 2 years after the
date of enactment of this Act, the Secretary, in
consultation with the North Dakota Game and Fish
Department and the South Dakota Department of Game,
Fish and Parks, shall complete a study to analyze and
recommend measures to avoid or reduce the loss of fish,
including rainbow smelt, through Garrison Dam in North
Dakota and Oahe Dam in South Dakota.
(B) Report.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to
Congress a report describing the results of the study
under subparagraph (A).
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Secretary--
(A) to complete the study required under paragraph
(3), $200,000; and
(B) to carry out the other provisions of this
subsection, $1,000,000 for each of fiscal years 2001
through 2010.
(h) Missouri and Middle Mississippi Rivers Enhancement Project.--
Section 514 of the Water Resources Development Act of 1999 (113 Stat.
342) is amended by striking subsection (g) and inserting the following:
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to pay the Federal share of the cost of carrying out
activities under this section $5,000,000 for each of fiscal years 2001
through 2004.''.
SEC. 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. SAGAMORE CREEK, NEW HAMPSHIRE.
The Secretary shall carry out maintenance dredging of the Sagamore
Creek Channel, New Hampshire.
SEC. 314. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
(a) In General.--The project for flood control, Passaic River, New
Jersey and New York, authorized by section 101(a)(18) of the Water
Resources Development Act of 1990 (104 Stat. 4607), is modified to
emphasize nonstructural approaches for flood control as alternatives to
the construction of the Passaic River tunnel element, while maintaining
the integrity of other separable mainstream project elements, wetland
banks, and other independent projects that were authorized to be
carried out in the Passaic River Basin before the date of enactment of
this Act.
(b) Reevaluation of Floodway Study.--The Secretary shall review the
Passaic River Floodway Buyout Study, dated October 1995, to calculate
the benefits of a buyout and environmental restoration using the method
used to calculate the benefits of structural projects under section
308(b) of the Water Resources Development Act of 1990 (33 U.S.C.
2318(b)).
(c) Reevaluation of 10-Year Floodplain Study.--The Secretary shall
review the Passaic River Buyout Study of the 10-year floodplain beyond
the floodway of the Central Passaic River Basin, dated September 1995,
to calculate the benefits of a buyout and environmental restoration
using the method used to calculate the benefits of structural projects
under section 308(b) of the Water Resources Development Act of 1990 (33
U.S.C. 2318(b)).
(d) Preservation of Natural Storage Areas.--
(1) In general.--The Secretary shall reevaluate the
acquisition, from willing sellers, for flood protection
purposes, of wetlands in the Central Passaic River Basin to
supplement the wetland acquisition authorized by section
101(a)(18)(C)(vi) of the Water Resources Development Act of
1990 (104 Stat. 4609).
(2) Purchase.--If the Secretary determines that the
acquisition of wetlands evaluated under paragraph (1) is
economically justified, the Secretary shall purchase the
wetlands, with the goal of purchasing not more than 8,200
acres.
(e) Streambank Erosion Control Study.--The Secretary shall review
relevant reports and conduct a study to determine the feasibility of
carrying out a project for environmental restoration, erosion control,
and streambank restoration along the Passaic River, from Dundee Dam to
Kearny Point, New Jersey.
(f) Passaic River Flood Management Task Force.--
(1) Establishment.--The Secretary, in cooperation with the
non-Federal interest, shall establish a task force, to be known
as the ``Passaic River Flood Management Task Force'', to
provide advice to the Secretary concerning all aspects of the
Passaic River flood management project.
(2) Membership.--The task force shall be composed of 20
members, appointed as follows:
(A) Appointment by secretary.--The Secretary shall
appoint 1 member to represent the Corps of Engineers
and to provide technical advice to the task force.
(B) Appointments by governor of new jersey.--The
Governor of New Jersey shall appoint 18 members to the
task force, as follows:
(i) 2 representatives of the New Jersey
legislature who are members of different
political parties.
(ii) 1 representative of the State of New
Jersey.
(iii) 1 representative of each of Bergen,
Essex, Morris, and Passaic Counties, New
Jersey.
(iv) 6 representatives of governments of
municipalities affected by flooding within the
Passaic River Basin.
(v) 1 representative of the Palisades
Interstate Park Commission.
(vi) 1 representative of the North Jersey
District Water Supply Commission.
(vii) 1 representative of each of--
(I) the Association of New Jersey
Environmental Commissions;
(II) the Passaic River Coalition;
and
(III) the Sierra Club.
(C) Appointment by governor of new york.--The
Governor of New York shall appoint 1 representative of
the State of New York to the task force.
(3) Meetings.--
(A) Regular meetings.--The task force shall hold
regular meetings.
(B) Open meetings.--The meetings of the task force
shall be open to the public.
(4) Annual report.--The task force shall submit annually to
the Secretary and to the non-Federal interest a report
describing the achievements of the Passaic River flood
management project in preventing flooding and any impediments
to completion of the project.
(5) Expenditure of funds.--The Secretary may use funds made
available to carry out the Passaic River Basin flood management
project to pay the administrative expenses of the task force.
(6) Termination.--The task force shall terminate on the
date on which the Passaic River flood management project is
completed.
(g) Acquisition of Lands in the Floodway.--Section 1148 of the
Water Resources Development Act of 1986 (100 Stat. 4254; 110 Stat.
3718), is amended by adding at the end the following:
``(e) Consistency With New Jersey Blue Acres Program.--The
Secretary shall carry out this section in a manner that is consistent
with the Blue Acres Program of the State of New Jersey.''.
(h) Study of Highlands Land Conservation.--The Secretary, in
cooperation with the Secretary of Agriculture and the State of New
Jersey, may study the feasibility of conserving land in the Highlands
region of New Jersey and New York to provide additional flood
protection for residents of the Passaic River Basin in accordance with
section 212 of the Water Resources Development Act of 1999 (33 U.S.C.
2332).
(i) Restriction on Use of Funds.--The Secretary shall not obligate
any funds to carry out design or construction of the tunnel element of
the Passaic River flood control project, as authorized by section
101(a)(18)(A) of the Water Resources Development Act of 1990 (104 Stat.
4607).
(j) Conforming Amendment.--Section 101(a)(18) of the Water
Resources Development Act of 1990 (104 Stat. 4607) is amended in the
paragraph heading by striking ``main stem,'' and inserting ``flood
management project,''.
SEC. 315. 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. 316. JOHN DAY POOL, OREGON AND WASHINGTON.
(a) Extinguishment of Reversionary Interests and Use
Restrictions.--With respect to the land described in each deed
specified in subsection (b)--
(1) the reversionary interests and the use restrictions
relating to port or industrial purposes are extinguished;
(2) the human habitation or other building structure use
restriction is extinguished in each area where the elevation is
above the standard project flood elevation; and
(3) the use of fill material to raise low areas above the
standard project flood elevation is authorized, except in any
low area constituting wetland for which a permit under section
404 of the Federal Water Pollution Control Act (33 U.S.C. 1344)
would be required.
(b) Affected Deeds.--Subsection (a) applies to deeds with the
following county auditors' numbers:
(1) Auditor's Microfilm Numbers 229 and 16226 of Morrow
County, Oregon, executed by the United States.
(2) The portion of the land conveyed in a deed executed by
the United States and bearing Benton County, Washington,
Auditor's File Number 601766, described as a tract of land
lying in sec. 7, T. 5 N., R. 28 E., Willamette meridian, Benton
County, Washington, being more particularly described by the
following boundaries:
(A) Commencing at the point of intersection of the
centerlines of Plymouth Street and Third Avenue in the
First Addition to the Town of Plymouth (according to
the duly recorded plat thereof).
(B) Thence west along the centerline of Third
Avenue, a distance of 565 feet.
(C) Thence south 54 deg. 10' west, to a point on
the west line of Tract 18 of that Addition and the true
point of beginning.
(D) Thence north, parallel with the west line of
that sec. 7, to a point on the north line of that sec.
7.
(E) Thence west along the north line thereof to the
northwest corner of that sec. 7.
(F) Thence south along the west line of that sec. 7
to a point on the ordinary high water line of the
Columbia River.
(G) Thence northeast along that high water line to
a point on the north and south coordinate line of the
Oregon Coordinate System, North Zone, that coordinate
line being east 2,291,000 feet.
(H) Thence north along that line to a point on the
south line of First Avenue of that Addition.
(I) Thence west along First Avenue to a point on
the southerly extension of the west line of T. 18.
(J) Thence north along that west line of T. 18 to
the point of beginning.
SEC. 317. 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. 318. HOUSTON-GALVESTON NAVIGATION CHANNELS, TEXAS.
(a) In General.--Subject to the completion, not later than December
31, 2000, of a favorable report by the Chief of Engineers, the project
for navigation and environmental restoration, Houston-Galveston
Navigation Channels, Texas, authorized by section 101(a)(30) of the
Water Resources Development Act of 1996 (110 Stat. 3666), is modified
to authorize the Secretary to design and construct barge lanes adjacent
to both sides of the Houston Ship Channel from Redfish Reef to Morgan
Point, a distance of approximately 15 miles, to a depth of 12 feet, at
a total cost of $34,000,000, with an estimated Federal cost of
$30,600,000 and an estimated non-Federal cost of $3,400,000.
(b) Cost Sharing.--The non-Federal interest shall pay a portion of
the costs of construction of the barge lanes under subsection (a) in
accordance with section 101 of the Water Resources Development Act of
1986 (33 U.S.C. 2211).
(c) Federal Interest.--If the modification under subsection (a) is
in compliance with all applicable environmental requirements, the
modification shall be considered to be in the Federal interest.
(d) No Authorization of Maintenance.--No maintenance is authorized
to be carried out for the modification under subsection (a).
SEC. 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 disposed of
by beneficial reuse, by open water disposal, or at a licensed
waste facility, as appropriate; and
(4) ensure that the demonstration project is consistent
with the findings and requirements of any draft environmental
impact statement on the designation of 1 or more dredged
material disposal sites in Long Island Sound that is scheduled
for completion in 2001.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 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).
(3) New york and new jersey channels, new york and new
jersey.--The portion of the project for navigation, New York
and New Jersey Channels, New York and New Jersey, authorized by
the first section of the Act of August 30, 1935 (49 Stat. 1030,
chapter 831), and modified by section 101 of the River and
Harbor Act of 1950 (64 Stat. 164), consisting of a 35-foot-deep
channel beginning at a point along the western limit of the
authorized project, N644100.411, E2129256.91, thence running
southeast about 38.25 feet to a point N644068.885,
E2129278.565, thence running south about 1163.86 feet to a
point N642912.127, E2129150.209, thence running southwest about
56.9 feet to a point N642864.09, E2129119.725, thence running
north along the western limit of the project to the point of
origin.
TITLE IV--STUDIES
SEC. 401. BALDWIN COUNTY, ALABAMA.
The Secretary shall conduct a study to determine the feasibility of
carrying out beach erosion control, storm damage reduction, and other
measures along the shores of Baldwin County, Alabama.
SEC. 402. BONO, ARKANSAS.
The Secretary shall conduct a study to determine the feasibility
of, and need for, a reservoir and associated improvements to provide
for flood control, recreation, water quality, and fish and wildlife in
the vicinity of Bono, Arkansas.
SEC. 403. CACHE CREEK BASIN, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying the project for flood control, Cache Creek
Basin, California, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4112), to authorize construction of
features to mitigate impacts of the project on the storm drainage
system of the city of Woodland, California, that have been caused by
construction of a new south levee of the Cache Creek Settling Basin.
(b) Required Elements.--The study shall include consideration of--
(1) an outlet works through the Yolo Bypass capable of
receiving up to 1,600 cubic feet per second of storm drainage
from the city of Woodland and Yolo County;
(2) a low-flow cross-channel across the Yolo Bypass,
including all appurtenant features, that is sufficient to route
storm flows of 1,600 cubic feet per second between the old and
new south levees of the Cache Creek Settling Basin, across the
Yolo Bypass, and into the Tule Canal; and
(3) such other features as the Secretary determines to be
appropriate.
SEC. 404. ESTUDILLO CANAL WATERSHED, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
constructing flood control measures in the Estudillo Canal watershed,
San Leandro, Calfornia.
SEC. 405. LAGUNA CREEK WATERSHED, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
constructing flood control measures in the Laguna Creek watershed,
Fremont, California, to provide a 100-year level of flood protection.
SEC. 406. OCEANSIDE, CALIFORNIA.
Not later than 32 months after the date of enactment of this Act,
the Secretary shall conduct a special study, at full Federal expense,
of plans--
(1) to mitigate for the erosion and other impacts resulting
from the construction of Camp Pendleton Harbor, Oceanside,
California, as a wartime measure; and
(2) to restore beach conditions along the affected public
and private shores to the conditions that existed before the
construction of Camp Pendleton Harbor.
SEC. 407. SAN JACINTO WATERSHED, CALIFORNIA.
(a) In General.--The Secretary shall conduct a watershed study for
the San Jacinto watershed, California.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000.
SEC. 408. CHOCTAWHATCHEE RIVER, FLORIDA.
The Secretary shall conduct a reconnaissance study to determine the
Federal interest in dredging the mouth of the Choctawhatchee River,
Florida, to remove the sand plug.
SEC. 409. EGMONT KEY, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
stabilizing the historic fortifications and beach areas of Egmont Key,
Florida, that are threatened by erosion.
SEC. 410. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER BASINS,
FLORIDA.
(a) In General.--The Secretary shall conduct a restudy of flooding
and water quality issues in--
(1) the upper Ocklawaha River basin, south of the Silver
River; and
(2) the Apopka River and Palatlakaha River basins.
(b) Required Elements.--In carrying out subsection (a), the
Secretary shall review the report of the Chief of Engineers on the Four
River Basins, Florida, project, published as House Document No. 585,
87th Congress, and other pertinent reports to determine the feasibility
of measures relating to comprehensive watershed planning for water
conservation, flood control, environmental restoration and protection,
and other issues relating to water resources in the river basins
described in subsection (a).
SEC. 411. BOISE RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out multi-objective flood control activities along the Boise
River, Idaho.
SEC. 412. WOOD RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out multi-objective flood control and flood mitigation
planning projects along the Wood River in Blaine County, Idaho.
SEC. 413. CHICAGO, ILLINOIS.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out projects for water-related urban
improvements, including infrastructure development and improvements, in
Chicago, Illinois.
(b) Sites.--Under subsection (a), the Secretary shall study--
(1) the USX/Southworks site;
(2) Calumet Lake and River;
(3) the Canal Origins Heritage Corridor; and
(4) Ping Tom Park.
(c) Use of Information; Consultation.--In carrying out this
section, the Secretary shall use available information from, and
consult with, appropriate Federal, State, and local agencies.
SEC. 414. BOEUF AND BLACK, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
deepening the navigation channel of the Atchafalaya River and Bayous
Chene, Boeuf and Black, Louisiana, from 20 feet to 35 feet.
SEC. 415. PORT OF IBERIA, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
constructing navigation improvements for ingress and egress between the
Port of Iberia, Louisiana, and the Gulf of Mexico, including channel
widening and deepening.
SEC. 416. SOUTH LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
constructing projects for hurricane protection in the coastal area of
the State of Louisiana between Morgan City and the Pearl River.
SEC. 417. ST. JOHN THE BAPTIST PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
constructing urban flood control measures on the east bank of the
Mississippi River in St. John the Baptist Parish, Louisiana.
SEC. 418. NARRAGUAGUS RIVER, MILBRIDGE, MAINE.
(a) Study of Redesignation as Anchorage.--The Secretary shall
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 shall 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 shall conduct a study to determine the feasibility of
modifying the project for navigation, Portsmouth Harbor and Piscataqua
River, Maine and New Hampshire, authorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1173) and modified by section 202(a)
of the Water Resources Development Act of 1986 (100 Stat. 4095), to
increase the authorized width of turning basins in the Piscataqua River
to 1000 feet.
SEC. 420. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW HAMPSHIRE.
(a) In General.--The Secretary shall conduct a comprehensive study
of the water resources needs of the Merrimack River basin,
Massachusetts and New Hampshire, in the manner described in section 729
of the Water Resources Development Act of 1986 (100 Stat. 4164).
(b) Consideration of Other Studies.--In carrying out this section,
the Secretary may take into consideration any studies conducted by the
University of New Hampshire on environmental restoration of the
Merrimack River System.
SEC. 421. PORT OF GULFPORT, MISSISSIPPI.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Gulfport Harbor, Mississippi,
authorized by section 202(a) of the Water Resources Development Act of
1986 (100 Stat. 4094) and modified by section 4(n) of the Water
Resources Development Act of 1988 (102 Stat. 4017)--
(1) to widen the channel from 300 feet to 450 feet; and
(2) to deepen the South Harbor channel from 36 feet to 42
feet and the North Harbor channel from 32 feet to 36 feet.
SEC. 422. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.
In conjunction with the State of New Hampshire, the Secretary shall
conduct a study to identify and evaluate potential upland disposal
sites for dredged material originating from harbor areas located within
the State.
SEC. 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 shall 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 shall--
``(1) conduct a study to evaluate the structural integrity
of the bulkhead system located on the Federal navigation
channel along the Cuyahoga River near Cleveland, Ohio; and
``(2) provide to the non-Federal interest design analysis,
plans and specifications, and cost estimates for repair or
replacement of the bulkhead system.
``(b) Cost Sharing.--The non-Federal share of the cost of the study
shall be 35 percent.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000.''.
SEC. 425. FREMONT, OHIO.
In consultation with appropriate Federal, State, and local
agencies, the Secretary shall conduct a study to determine the
feasibility of carrying out projects for water supply and environmental
restoration at the Ballville Dam, on the Sandusky River at Fremont,
Ohio.
SEC. 426. GRAND LAKE, OKLAHOMA.
(a) Evaluation.--The Secretary shall--
(1) evaluate the backwater effects specifically due to
flood control operations on land around Grand Lake, Oklahoma;
and
(2) not later than 180 days after the date of enactment of
this Act, submit to Congress a report on whether Federal
actions have been a significant cause of the backwater effects.
(b) Feasibility Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of--
(A) addressing the backwater effects of the
operation of the Pensacola Dam, Grand/Neosho River
basin; and
(B) purchasing easements for any land that has been
adversely affected by backwater flooding in the Grand/
Neosho River basin.
(2) Cost sharing.--If the Secretary determines under
subsection (a)(2) that Federal actions have been a significant
cause of the backwater effects, the Federal share of the costs
of the feasibility study under paragraph (1) shall be 100
percent.
SEC. 427. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND.
In consultation with the Administrator of the Environmental
Protection Agency, the Secretary shall conduct a study to determine the
feasibility of designating a permanent site in the State of Rhode
Island for the disposal of dredged material.
SEC. 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 shall conduct a study to determine
the feasibility of carrying out a project for flood control and related
purposes along Miller Farms Ditch, Howard Road Drainage, and Wolf River
Lateral D, Germantown, Tennessee.
(b) Justification Analysis.--The Secretary shall include
environmental and water quality benefits in the justification analysis
for the project.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the costs of the
feasibility study under subsection (a) shall not exceed 25
percent.
(2) Non-federal share.--The Secretary--
(A) shall credit toward the non-Federal share of
the costs of the feasibility study the value of the in-
kind services provided by the non-Federal interests
relating to the planning, engineering, and design of
the project, whether carried out before or after
execution of the feasibility study cost-sharing
agreement; and
(B) for the purposes of subparagraph (A), shall
consider the feasibility study to be conducted as part
of the Memphis Metro Tennessee and Mississippi study
authorized by resolution of the Committee on
Transportation and Infrastructure, dated March 7, 1996.
SEC. 430. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND MISSISSIPPI.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying the project for flood control, Horn Lake
Creek and Tributaries, Tennessee and Mississippi, authorized by section
401(a) of the Water Resources Development Act of 1986 (100 Stat. 4124),
to provide a high level of urban flood protection to development along
Horn Lake Creek.
(b) Required Element.--The study shall include a limited
reevaluation of the project to determine the appropriate design, as
desired by the non-Federal interests.
SEC. 431. CEDAR BAYOU, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
constructing a 12-foot-deep and 125-foot-wide channel from the Houston
Ship Channel to Cedar Bayou, mile marker 11, Texas.
SEC. 432. HOUSTON SHIP CHANNEL, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
constructing barge lanes adjacent to both sides of the Houston Ship
Channel from Bolivar Roads to Morgan Point, Texas, to a depth of 12
feet.
SEC. 433. SAN ANTONIO CHANNEL, TEXAS.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for San Antonio Channel improvement, Texas,
authorized by section 203 of the Flood Control Act of 1954 (68 Stat.
1259), and modified by section 103 of the Water Resources Development
Act of 1976 (90 Stat. 2921), to add environmental restoration and
recreation as project purposes.
SEC. 434. WHITE RIVER WATERSHED BELOW MUD MOUNTAIN DAM, WASHINGTON.
(a) Review.--The Secretary shall review the report of the Chief of
Engineers on the Upper Puyallup River, Washington, dated 1936,
authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1591,
chapter 688), the Puget Sound and adjacent waters report authorized by
section 209 of the Flood Control Act of 1962 (76 Stat. 1197), and other
pertinent reports, to determine whether modifications to the
recommendations contained in the reports are advisable to provide
improvements to the water resources and watershed of the White River
watershed downstream of Mud Mountain Dam, Washington.
(b) Issues.--In conducting the review under subsection (a), the
Secretary shall review, with respect to the Lake Tapps community and
other parts of the watershed--
(1) constructed and natural environs;
(2) capital improvements;
(3) water resource infrastructure;
(4) ecosystem restoration;
(5) flood control;
(6) fish passage;
(7) collaboration by, and the interests of, regional
stakeholders;
(8) recreational and socioeconomic interests; and
(9) other issues determined by the Secretary.
SEC. 435. WILLAPA BAY, WASHINGTON.
(a) Study.--The Secretary shall conduct a study to determine the
feasibility of providing coastal erosion protection for the Tribal
Reservation of the Shoalwater Bay Indian Tribe on Willapa Bay,
Washington.
(b) Project.--
(1) In general.--Notwithstanding any other provision of law
(including any requirement for economic justification), the
Secretary may construct and maintain a project to provide
coastal erosion protection for the Tribal Reservation of the
Shoalwater Bay Indian Tribe on Willapa Bay, Washington, at full
Federal expense, if the Secretary determines that the project--
(A) is a cost-effective means of providing erosion
protection;
(B) is environmentally acceptable and technically
feasible; and
(C) will improve the economic and social conditions
of the Shoalwater Bay Indian Tribe.
(2) Land, easements, and rights-of-way.--As a condition of
the project described in paragraph (1), the Shoalwater Bay
Indian Tribe shall provide land, easements, rights-of-way, and
dredged material disposal areas necessary for the
implementation of the project.
SEC. 436. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY.
(a) In General.--The Secretary, in conjunction with the Secretary
of Agriculture and the Secretary of the Interior, shall conduct a study
to--
(1) identify and evaluate significant sources of sediment
and nutrients in the upper Mississippi River basin;
(2) quantify the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land
and in water; and
(3) quantify the transport of those sediments and nutrients
to the upper Mississippi River and the tributaries of the upper
Mississippi River.
(b) Study Components.--
(1) Computer modeling.--In carrying out the study under
this section, the Secretary shall develop computer models of
the upper Mississippi River basin, at the subwatershed and
basin scales, to--
(A) identify and quantify sources of sediment and
nutrients; and
(B) examine the effectiveness of alternative
management measures.
(2) Research.--In carrying out the study under this
section, the Secretary shall conduct research to improve the
understanding of--
(A) fate processes and processes affecting sediment
and nutrient transport, with emphasis on nitrogen and
phosphorus cycling and dynamics;
(B) the influences on sediment and nutrient losses
of soil type, slope, climate, vegetation cover, and
modifications to the stream drainage network; and
(C) river hydrodynamics, in relation to sediment
and nutrient transformations, retention, and transport.
(c) Use of Information.--On request of a relevant Federal agency,
the Secretary may provide information for use in applying sediment and
nutrient reduction programs associated with land-use improvements and
land management practices.
(d) Reports.--
(1) Preliminary report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall submit to
Congress a preliminary report that outlines work being
conducted on the study components described in subsection (b).
(2) Final report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Congress a
report describing the results of the study under this section,
including any findings and recommendations of the study.
(e) Funding.--
(1) Authorization of appropriations.--There is authorized
to be appropriated to carry out this section $5,000,000 for
each of fiscal years 2001 through 2005.
(2) Federal share.--The Federal share of the cost of
carrying out this section shall be 50 percent.
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.
SEC. 504. LAND CONVEYANCE, CANDY LAKE, OKLAHOMA.
Section 563(c) of the Water Resources Development Act of 1999 (113
Stat. 357) is amended--
(1) in paragraph (1)(B), by striking ``a deceased'' and
inserting ``an''; and
(2) by adding at the end the following:
``(4) Costs of nepa compliance.--The Federal Government
shall assume the costs of any Federal action under this
subsection that is carried out for the purpose of section 102
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332).
``(5) Authorization of appropriations.--There are
authorized to be appropriated such sums as are necessary to
carry out this subsection.''.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN
SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.
(a) Definitions.--In this section:
(1) Central and southern florida project.--
(A) In general.--The term ``Central and Southern
Florida Project'' means the project for Central and
Southern Florida authorized under the heading ``central
and southern florida'' in section 203 of the Flood
Control Act of 1948 (62 Stat. 1176).
(B) Inclusion.--The term ``Central and Southern
Florida Project'' includes any modification to the
project authorized by this Act or any other provision
of law.
(2) Governor.--The term ``Governor'' means the Governor of
the State.
(3) Natural system.--
(A) In general.--The term ``natural system'' means
all land and water managed by the Federal Government or
the State within the South Florida ecosystem.
(B) Inclusions.--The term ``natural system''
includes--
(i) water conservation areas;
(ii) sovereign submerged land;
(iii) Everglades National Park;
(iv) Biscayne National Park;
(v) Big Cypress National Preserve;
(vi) other Federal or State (including a
political subdivision of a State) land that is
designated and managed for conservation
purposes; and
(vii) any tribal land that is designated
and managed for conservation purposes, as
approved by the tribe.
(4) Plan.--The term ``Plan'' means the Comprehensive
Everglades Restoration Plan contained in the ``Final Integrated
Feasibility Report and Programmatic Environmental Impact
Statement'', dated April 1, 1999, as modified by this Act.
(5) South florida ecosystem.--
(A) In general.--The term ``South Florida
ecosystem'' means the area consisting of the land and
water within the boundary of the South Florida Water
Management District in effect on July 1, 1999.
(B) Inclusions.--The term ``South Florida
ecosystem'' includes--
(i) the Everglades;
(ii) the Florida Keys; and
(iii) the contiguous near-shore coastal
water of South Florida.
(6) State.--The term ``State'' means the State of Florida.
(b) Comprehensive Everglades Restoration Plan.--
(1) Approval.--
(A) In general.--Except as modified by this Act,
the Plan is approved as a framework for modifications
and operational changes to the Central and Southern
Florida Project that are needed to--
(i) restore, preserve and protect the South
Florida ecosystem;
(ii) provide for the protection of water
quality in, and the reduction of the loss of
fresh water from, the Everglades; and
(iii) provide for the water-related needs
of the region, including--
(I) flood control;
(II) the enhancement of water
supplies; and
(III) other objectives served by
the Central and Southern Florida
Project.
(B) Integration.--In carrying out the Plan, the
Secretary shall integrate the activities described in
subparagraph (A) with ongoing Federal and State
projects and activities in accordance with section
528(c) of the Water Resources Development Act of 1996
(110 Stat. 3769).
(2) Specific authorizations.--
(A) In general.--
(i) Projects.--The Secretary shall carry
out the projects included in the Plan in
accordance with subparagraphs (B), (C), (D) and
(E).
(ii) Considerations.--In carrying out
activities described in the Plan, the Secretary
shall--
(I) take into account the
protection of water quality by
considering applicable State water
quality standards; and
(II) include such features as the
Secretary determines are necessary to
ensure that all ground water and
surface water discharges from any
project feature authorized by this
subsection will meet all applicable
water quality standards and applicable
water quality permitting requirements.
(iii) Review and comment.--In developing
the projects authorized under subparagraph (B),
the Secretary shall provide for public review
and comment in accordance with applicable
Federal law.
(B) Pilot projects.--The following pilot projects
are authorized for implementation, after review and
approval by the Secretary, subject to the conditions in
subparagraph (D), at a total cost of $69,000,000, with
an estimated Federal cost of $34,500,000 and an
estimated non-Federal cost of $34,500,000:
(i) Caloosahatchee River (C-43) Basin ASR,
at a total cost of $6,000,000, with an
estimated Federal cost of $3,000,000 and an
estimated non-Federal cost of $3,000,000.
(ii) Lake Belt In-Ground Reservoir
Technology, at a total cost of $23,000,000,
with an estimated Federal cost of $11,500,000
and an estimated non-Federal cost of
$11,500,000.
(iii) L-31N Seepage Management, at a total
cost of $10,000,000, with an estimated Federal
cost of $5,000,000 and an estimated non-Federal
cost of $5,000,000.
(iv) Wastewater Reuse Technology, at a
total cost of $30,000,000, with an estimated
Federal cost of $15,000,000 and an estimated
non-Federal cost of $15,000,000.
(C) Initial projects.--The following projects are
authorized for implementation, after review and
approval by the Secretary, subject to the conditions
stated in subparagraph (D), at a total cost of
$1,100,918,000, with an estimated Federal cost of
$550,459,000 and an estimated non-Federal cost of
$550,459,000:
(i) C-44 Basin Storage Reservoir, at a
total cost of $112,562,000, with an estimated
Federal cost of $56,281,000 and an estimated
non-Federal cost of $56,281,000.
(ii) Everglades Agricultural Area Storage
Reservoirs--Phase I, at a total cost of
$233,408,000, with an estimated Federal cost of
$116,704,000 and an estimated non-Federal cost
of $116,704,000.
(iii) Site 1 Impoundment, at a total cost
of $38,535,000, with an estimated Federal cost
of $19,267,500 and an estimated non-Federal
cost of $19,267,500.
(iv) Water Conservation Areas 3A/3B Levee
Seepage Management, at a total cost of
$100,335,000, with an estimated Federal cost of
$50,167,500 and an estimated non-Federal cost
of $50,167,500.
(v) C-11 Impoundment and Stormwater
Treatment Area, at a total cost of
$124,837,000, with an estimated Federal cost of
$62,418,500 and an estimated non-Federal cost
of $62,418,500.
(vi) C-9 Impoundment and Stormwater
Treatment Area, at a total cost of $89,146,000,
with an estimated Federal cost of $44,573,000
and an estimated non-Federal cost of
$44,573,000.
(vii) Taylor Creek/Nubbin Slough Storage
and Treatment Area, at a total cost of
$104,027,000, with an estimated Federal cost of
$52,013,500 and an estimated non-Federal cost
of $52,013,500.
(viii) Raise and Bridge East Portion of
Tamiami Trail and Fill Miami Canal within Water
Conservation Area 3, at a total cost of
$26,946,000, with an estimated Federal cost of
$13,473,000 and an estimated non-Federal cost
of $13,473,000.
(ix) North New River Improvements, at a
total cost of $77,087,000, with an estimated
Federal cost of $38,543,500 and an estimated
non-Federal cost of $38,543,500.
(x) C-111 Spreader Canal, at a total cost
of $94,035,000, with an estimated Federal cost
of $47,017,500 and an estimated non-Federal
cost of $47,017,500.
(xi) Adaptive Assessment and Monitoring
Program, at a total cost of $100,000,000, with
an estimated Federal cost of $50,000,000 and an
estimated non-Federal cost of $50,000,000.
(D) Conditions.--
(i) Project implementation reports.--Before
implementation of a project described in any of
clauses (i) through (x) of subparagraph (C),
the Secretary shall review and approve for the
project a project implementation report
prepared in accordance with subsections (f) and
(h).
(ii) Submission of report.--The Secretary
shall submit to the Committee on Transportation
and Infrastructure of the House of
Representatives and the Committee on
Environment and Public Works of the Senate the
project implementation report required by
subsections (f) and (h) for each project under
this paragraph (including all relevant data and
information on all costs).
(iii) Funding contingent on approval.--No
appropriation shall be made to construct any
project under this paragraph if the project
implementation report for the project has not
been approved by resolutions adopted by the
Committee on Transportation and Infrastructure
of the House of Representatives and the
Committee on Environment and Public Works of
the Senate.
(iv) Modified water delivery.--No
appropriation shall be made to construct the
Water Conservation Area 3
Decompartmentalization and Sheetflow
Enhancement Project or the Central Lakebelt
Storage Project until the completion of the
project to improve water deliveries to
Everglades National Park authorized by section
104 of the Everglades National Park Protection
and Expansion Act of 1989 (16 U.S.C. 410r-8).
(E) Maximum cost of projects.--Section 902 of the
Water Resources Development Act of 1986 (33 U.S.C.
2280) shall apply to each project feature authorized
under this subsection.
(c) Additional Program Authority.--
(1) In general.--To expedite implementation of the Plan,
the Secretary may implement modifications to the Central and
Southern Florida Project that--
(A) are described in the Plan; and
(B) will produce a substantial benefit to the
restoration, preservation and protection of the South
Florida ecosystem.
(2) Project implementation reports.--Before implementation
of any project feature authorized under this subsection, the
Secretary shall review and approve for the project feature a
project implementation report prepared in accordance with
subsections (f) and (h).
(3) Funding.--
(A) Individual project funding.--
(i) Federal cost.--The total Federal cost
of each project carried out under this
subsection shall not exceed $12,500,000.
(ii) Overall cost.--The total cost of each
project carried out under this subsection shall
not exceed $25,000,000.
(B) Aggregate federal cost.--The total Federal cost
of all projects carried out under this subsection shall
not exceed $206,000,000
(d) Authorization of Future Projects.--
(1) In general.--Except for a project authorized by
subsection (b) or (c), any project included in the Plan shall
require a specific authorization by Congress.
(2) Submission of report.--Before seeking congressional
authorization for a project under paragraph (1), the Secretary
shall submit to Congress--
(A) a description of the project; and
(B) a project implementation report for the project
prepared in accordance with subsections (f) and (h).
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
carrying out a project authorized by subsection (b), (c), or
(d) shall be 50 percent.
(2) Non-federal responsibilities.--The non-Federal sponsor
with respect to a project described in subsection (b), (c), or
(d), shall be--
(A) responsible for all land, easements, rights-of-
way, and relocations necessary to implement the Plan;
and
(B) afforded credit toward the non-Federal share of
the cost of carrying out the project in accordance with
paragraph (5)(A).
(3) Federal assistance.--
(A) In general.--The non-Federal sponsor with
respect to a project authorized by subsection (b), (c),
or (d) may use Federal funds for the purchase of any
land, easement, rights-of-way, or relocation that is
necessary to carry out the project if any funds so used
are credited toward the Federal share of the cost of
the project.
(B) Agriculture funds.--Funds provided to the non-
Federal sponsor under any programs such as the
Conservation Restoration and Enhancement Program (CREP)
and the Wetlands Reserve Program (WRP) for projects in
the Plan shall be credited toward the non-Federal share
of the cost of the Plan if the Secretary of Agriculture
certifies that the funds provided may be used for that
purpose.
(4) Operation and maintenance.--Notwithstanding section
528(e)(3) of the Water Resources Development Act of 1996 (110
Stat. 3770), the non-Federal sponsor shall be responsible for
50 percent of the cost of operation, maintenance, repair,
replacement, and rehabilitation activities authorized under
this section.
(5) Credit.--
(A) In general.--Notwithstanding section 528(e)(4)
of the Water Resources Development Act of 1996 (110
Stat. 3770), and regardless of the date of acquisition,
the value of lands or interests in lands and incidental
costs for land acquired by a non-Federal sponsor in
accordance with a project implementation report for any
project included in the Plan and authorized by Congress
shall be--
(i) included in the total cost of the
project; and
(ii) credited toward the non-Federal share
of the cost of the project.
(B) Work.--The Secretary may provide credit,
including in-kind credit, toward the non-Federal share
for the reasonable cost of any work performed in
connection with a study, preconstruction engineering
and design, or construction that is necessary for the
implementation of the Plan, if--
(i)(I) the credit is provided for work
completed during the period of design, as
defined in a design agreement between the
Secretary and the non-Federal sponsor; or
(II) the credit is provided for work
completed during the period of construction, as
defined in a project cooperation agreement for
an authorized project between the Secretary and
the non-Federal sponsor;
(ii) the design agreement or the project
cooperation agreement prescribes the terms and
conditions of the credit; and
(iii) the Secretary determines that the
work performed by the non-Federal sponsor is
integral to the project.
(C) Treatment of credit between projects.--Any
credit provided under this paragraph may be carried
over between authorized projects in accordance with
subparagraph (D).
(D) Periodic monitoring.--
(i) In general.--To ensure that the
contributions of the non-Federal sponsor equal
50 percent proportionate share for projects in
the Plan, during each 5-year period, beginning
with commencement of design of the Plan, the
Secretary shall, for each project--
(I) monitor the non-Federal
provision of cash, in-kind services,
and land; and
(II) manage, to the maximum extent
practicable, the requirement of the
non-Federal sponsor to provide cash,
in-kind services, and land.
(ii) Other monitoring.--The Secretary shall
conduct monitoring under clause (i) separately
for--
(I) the preconstruction engineering
and design phase; and
(II) the construction phase.
(E) Audits.--Credit for land (including land value
and incidental costs) or work provided under this
subsection shall be subject to audit by the Secretary.
(f) Evaluation of Projects.--
(1) In general.--Before implementation of a project
authorized by subsection (c) or (d) or any of clauses (i)
through (x) of subsection (b)(2)(C), the Secretary, in
cooperation with the non-Federal sponsor, shall, after notice
and opportunity for public comment and in accordance with
subsection (h), complete a project implementation report for
the project.
(2) Project justification.--
(A) In general.--Notwithstanding section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962-2) or any
other provision of law, in carrying out any activity
authorized under this section or any other provision of
law to restore, preserve, or protect the South Florida
ecosystem, the Secretary may determine that--
(i) the activity is justified by the
environmental benefits derived by the South
Florida ecosystem; and
(ii) no further economic justification for
the activity is required, if the Secretary
determines that the activity is cost-effective.
(B) Applicability.--Subparagraph (A) shall not
apply to any separable element intended to produce
benefits that are predominantly unrelated to the
restoration, preservation, and protection of the
natural system.
(g) Exclusions and Limitations.--The following Plan components are
not approved for implementation:
(1) Water included in the plan.--
(A) In general.--Any project that is designed to
implement the capture and use of the approximately
245,000 acre-feet of water described in section 7.7.2
of the Plan shall not be implemented until such time
as--
(i) the project-specific feasibility study
described in subparagraph (B) on the need for
and physical delivery of the approximately
245,000 acre-feet of water, conducted by the
Secretary, in cooperation with the non-Federal
sponsor, is completed;
(ii) the project is favorably recommended
in a final report of the Chief of Engineers;
and
(iii) the project is authorized by Act of
Congress.
(B) Project-specific feasibility study.--The
project-specific feasibility study referred to in
subparagraph (A) shall include--
(i) a comprehensive analysis of the
structural facilities proposed to deliver the
approximately 245,000 acre-feet of water to the
natural system;
(ii) an assessment of the requirements to
divert and treat the water;
(iii) an assessment of delivery
alternatives;
(iv) an assessment of the feasibility of
delivering the water downstream while
maintaining current levels of flood protection
to affected property; and
(v) any other assessments that are
determined by the Secretary to be necessary to
complete the study.
(2) Wastewater reuse.--
(A) In general.--On completion and evaluation of
the wastewater reuse pilot project described in
subsection (b)(2)(B)(iv), the Secretary, in an
appropriately timed 5-year report, shall describe the
results of the evaluation of advanced wastewater reuse
in meeting, in a cost-effective manner, the
requirements of restoration of the natural system.
(B) Submission.--The Secretary shall submit to
Congress the report described in subparagraph (A)
before congressional authorization for advanced
wastewater reuse is sought.
(3) Projects approved with limitations.--The following
projects in the Plan are approved for implementation with
limitations:
(A) Loxahatchee national wildlife refuge.--The
Federal share for land acquisition in the project to
enhance existing wetland systems along the Loxahatchee
National Wildlife Refuge, including the Stazzulla
tract, should be funded through the budget of the
Department of the Interior.
(B) Southern corkscrew regional ecosystem.--The
Southern Corkscrew regional ecosystem watershed
addition should be accomplished outside the scope of
the Plan.
(h) Assurance of Project Benefits.--
(1) In general.--The overarching objective of the Plan is
the restoration, preservation, and protection of the South
Florida Ecosystem while providing for other water-related needs
of the region, including water supply and flood protection. The
Plan shall be implemented to ensure the protection of water
quality in, the reduction of the loss of fresh water from, the
improvement of the environment of the South Florida Ecosystem
and to achieve and maintain the benefits to the natural system
and human environment described in the Plan, and required
pursuant to this Act, for as long as the project is authorized.
(2) Agreement.--
(A) In general.--No appropriation shall be made for
the construction of a project contained in the Plan
until the President and the Governor enter into a
binding agreement under which the State, shall ensure,
by regulation or other appropriate means, that water
made available under the Plan for the restoration of
the natural system is available as specified in the
Plan.
(B) Enforcement.--
(i) In general.--Any person or entity that
is aggrieved by a failure of the President or
the Governor to comply with any provision of
the agreement entered into under subparagraph
(A) may bring a civil action in United States
district court for an injunction directing the
President or the Governor, as the case may be,
to comply with the agreement, or for other
appropriate relief.
(ii) Limitations on commencement of civil
action.--No civil action may be commenced under
clause (i)--
(I) before the date that is 60 days
after the Secretary receives written
notice of a failure to comply with the
agreement; or
(II) if the United States has
commenced and is diligently prosecuting
an action in a court of the United
States or a State to redress a failure
to comply with the agreement.
(3) Programmatic regulations.--
(A) Issuance.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall,
after notice and opportunity for public comment--
(i) with the concurrence of--
(I) the Governor; and
(II) the Secretary of the Interior;
and
(ii) in consultation with--
(I) the Seminole Tribe of Florida;
(II) the Miccosukee Tribe of
Indians of Florida;
(III) the Administrator of the
Environmental Protection Agency;
(IV) the Secretary of Commerce; and
(V) other Federal, State, and local
agencies;
promulgate programmatic regulations to ensure that the
goals and purposes of the Plan are achieved.
(B) Content of regulations.--Programmatic
regulations promulgated under this paragraph shall
establish a process to--
(i) provide guidance for the development of
project implementation reports, project
cooperation agreements, and operating manuals
that ensure that the goals and objectives of
the Plan are achieved;
(ii) ensure that new information resulting
from changed or unforeseen circumstances, new
scientific or technical information or
information that is developed through the
principles of adaptive management contained in
the Plan, or future authorized changes to the
Plan are integrated into the implementation of
the Plan; and
(iii) ensure the protection of the natural
system consistent with the goals and purposes
of the Plan.
(C) Schedule and transition rule.--
(i) In general.--All project implementation
reports approved before the date of
promulgation of the programmatic regulations
shall be consistent with the Plan.
(ii) Preamble.--The preamble of the
programmatic regulations shall include a
statement concerning the consistency with the
programmatic regulations of any project
implementation reports that were approved
before the date of promulgation of the
regulations.
(D) Review of programmatic regulations.--Whenever
necessary to attain Plan goals and purposes, but not
less often than every 5 years, the Secretary, in
accordance with subparagraph (A), shall review the
programmatic regulations promulgated under this
paragraph.
(4) Project-specific assurances.--
(A) Project implementation reports.--
(i) In general.--The Secretary and the non-
Federal sponsor shall develop project
implementation reports in accordance with
section 10.3.1 of the Plan.
(ii) Coordination.--In developing a project
implementation report, the Secretary and the
non-Federal sponsor shall coordinate with
appropriate Federal, State, tribal, and local
governments.
(iii) Requirements.--A project
implementation report shall--
(I) be consistent with the Plan and
the programmatic regulations
promulgated under paragraph (3);
(II) describe how each of the
requirements stated in paragraph (3)(B)
is satisfied;
(III) comply with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
(IV) identify the appropriate
quantity, timing, and distribution of
water dedicated and managed for the
natural system;
(V) identify the amount of water to
be reserved or allocated for the
natural system necessary to implement,
under State law, subclauses (IV) and
(VI);
(VI) comply with applicable water
quality standards and applicable water
quality permitting requirements under
subsection (b)(2)(A)(ii);
(VII) be based on the best
available science; and
(VIII) include an analysis
concerning the cost-effectiveness and
engineering feasibility of the project.
(B) Project cooperation agreements.--
(i) In general.--The Secretary and the non-
Federal sponsor shall execute project
cooperation agreements in accordance with
section 10 of the Plan.
(ii) Condition.--The Secretary shall not
execute a project cooperation agreement until
any reservation or allocation of water for the
natural system identified in the project
implementation report is executed under State
law.
(C) Operating manuals.--
(i) In general.--The Secretary and the non-
Federal sponsor shall develop and issue, for
each project or group of projects, an operating
manual that is consistent with the water
reservation or allocation for the natural
system described in the project implementation
report and the project cooperation agreement
for the project or group of projects.
(ii) Modifications.--Any significant
modification by the Secretary and the non-
Federal sponsor to an operating manual after
the operating manual is issued shall only be
carried out subject to notice and opportunity
for public comment.
(5) Savings clause.--
(A) Existing water users.--The Secretary shall
ensure that the implementation of the Plan, including
physical or operational modifications to the Central
and Southern Florida Project, does not cause
significant adverse impact on existing legal water
users, including--
(i) water legally allocated or provided
through entitlements to the Seminole Tribe of
Florida under section 7 of the Seminole Indian
Land Claims Settlement Act of 1987 (25 U.S.C.
1772e);
(ii) the Miccosukee Tribe of Indians of
Florida;
(iii) annual water deliveries to Everglades
National Park;
(iv) water for the preservation of fish and
wildlife in the natural system; and
(v) any other legal user, as provided under
Federal or State law in existence on the date
of enactment of this Act.
(B) No elimination.--Until a new source of water
supply of comparable quantity and quality is available
to replace the water to be lost as a result of
implementation of the Plan, the Secretary shall not
eliminate existing legal sources of water, including
those for--
(i) an agricultural or urban water supply;
(ii) allocation or entitlement to the
Seminole Indian Tribe of Florida under section
7 of the Seminole Indian Land Claims Settlement
Act of 1987 (25 U.S.C. 1772e);
(iii) the Miccosukee Tribe of Indians of
Florida;
(iv) Everglades National Park; or
(v) the preservation of fish and wildlife.
(C) Maintenance of flood protection.--The Secretary
shall maintain authorized levels of flood protection in
existence on the date of enactment of this Act, in
accordance with applicable law.
(D) No effect on state law.--Nothing in this Act
prevents the State from allocating or reserving water,
as provided under State law, to the extent consistent
with this Act.
(E) No effect on tribal compact.--Nothing in this
Act amends, alters, prevents, or otherwise abrogates
rights of the Seminole Indian Tribe of Florida under
the compact among the Seminole Tribe of Florida, the
State, and the South Florida Water Management District,
defining the scope and use of water rights of the
Seminole Tribe of Florida, as codified by section 7 of
the Seminole Indian Land Claims Settlement Act of 1987
(25 U.S.C. 1772e).
(i) Dispute Resolution.--
(1) In general.--The Secretary and the Governor shall
within 180 days from the date of enactment of this Act develop
an agreement for resolving disputes between the Corps of
Engineers and the State associated with the implementation of
the Plan. Such agreement shall establish a mechanism for the
timely and efficient resolution of disputes, including--
(A) a preference for the resolution of disputes
between the Jacksonville District of the Corps of
Engineers and the South Florida Water Management
District;
(B) a mechanism for the Jacksonville District of
the Corps of Engineers or the South Florida Water
Management District to initiate the dispute resolution
process for unresolved issues;
(C) the establishment of appropriate timeframes and
intermediate steps for the elevation of disputes to the
Governor and the Secretary; and
(D) a mechanism for the final resolution of
disputes, within 180 days from the date that the
dispute resolution process is initiated under
subparagraph (B).
(2) Condition for report approval.--The Secretary shall not
approve a project implementation report under this Act until
the agreement established under this subsection has been
executed.
(3) No effect on law.--Nothing in the agreement established
under this subsection shall alter or amend any existing Federal
or State law.
(j) Independent Scientific Review.--
(1) In general.--The Secretary, the Secretary of the
Interior, and the State, in consultation with the South Florida
Ecosystem Restoration Task Force, shall establish an
independent scientific review panel convened by a body, such as
the National Academy of Sciences, to review the Plan's progress
toward achieving the natural system restoration goals of the
Plan.
(2) Report.--The panel described in paragraph (1) shall
produce a biennial report to Congress, the Secretary, the
Secretary of the Interior, and the State of Florida that
includes an assessment of ecological indicators and other
measures of progress in restoring the ecology of the natural
system, based on the Plan.
(k) Outreach and Assistance.--
(1) Small business concerns owned and operated by socially
and economically disadvantaged individuals.--In executing the
Plan, the Secretary shall ensure that small business concerns
owned and controlled by socially and economically disadvantaged
individuals are provided opportunities to participate under
section 15(g) of the Small Business Act (15 U.S.C. 644(g)).
(2) Community outreach and education.--
(A) In general.--The Secretary shall ensure that
impacts on socially and economically disadvantaged
individuals, including individuals with limited English
proficiency, and communities are considered during
implementation of the Plan, and that such individuals
have opportunities to review and comment on its
implementation.
(B) Provision of opportunities.--The Secretary
shall ensure, to the maximum extent practicable, that
public outreach and educational opportunities are
provided to the individuals of South Florida, including
individuals with limited English proficiency, and in
particular for socially and economically disadvantaged
communities.
(l) Report to Congress.--Beginning on October 1, 2005, and
periodically thereafter until October 1, 2036, the Secretary and the
Secretary of the Interior, in consultation with the Environmental
Protection Agency, the Department of Commerce, and the State of
Florida, shall jointly submit to Congress a report on the
implementation of the Plan. Such reports shall be completed not less
often than every 5 years. Such reports shall include a description of
planning, design, and construction work completed, the amount of funds
expended during the period covered by the report (including a detailed
analysis of the funds expended for adaptive assessment under subsection
(b)(2)(C)(xi)), and the work anticipated over the next 5-year period.
In addition, each report shall include--
(1) the determination of each Secretary, and the
Administrator of the Environmental Protection Agency,
concerning the benefits to the natural system and the human
environment achieved as of the date of the report and whether
the completed projects of the Plan are being operated in a
manner that is consistent with the requirements of subsection
(h); and
(2) a review of the activities performed by the Secretary
under subsection (k) as they relate to socially and
economically disadvantaged individuals and individuals with
limited English proficiency.
Calendar No. 729
106th CONGRESS
2d Session
S. 2796
[Report No. 106-362]
_______________________________________________________________________
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.
_______________________________________________________________________
July 27, 2000
Reported with an amendment