[Congressional Record Volume 145, Number 32 (Tuesday, March 2, 1999)]
[Senate]
[Pages S2111-S2130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
THE FEDERAL ELECTION ENFORCEMENT AND DISCLOSURE REFORM ACT
Mr. CLELAND. Mr. President. I rise today to address the important
issue of campaign finance reform. As we begin the 106th Congress,
campaign finance reform continues to be an important national need.
Therefore, I am again introducing my Federal Election Enforcement And
Disclosure Reform Act with the hope that this will be the year that
Congress makes positive strides towards meaningful reform.
[[Page S2112]]
After participating in the Governmental Affairs Committee's extensive
1997 campaign finance hearings, it was apparent to me that there is a
critical need for reform of our entire campaign finance system. What I
witnessed, heard and read made me even more convinced that we must
strengthen our campaign financing laws, and provide strong enforcement
through the Federal Election Commission of these laws, or risk seeing
our election process be swept away in a tidal wave of money. In spite
of public support, and positive action in the House, the Senate failed
last year to enact meaningful legislation addressing these problems,
and we have now gone through yet another election cycle in which the
abuses continued to persist. With the record high of $1 billion spent
in pursuit of federal office in 1996--a 73 percent increase since 1992,
I had hoped that the 1998 election would at least reflect a natural
decline from the grossly inflated figures. However, post-election
reports filed with the FEC show that spending in Senate general
election campaigns went from $220.8 million in 1996, to $244.3 in 1998,
an 11% increase. It has been estimated that if these trends continue,
by 2025 it will take $145 million to finance an average Senate
campaign. This absurd trend cannot continue.
Although the Senate failed last year to enact meaningful reform, I am
hopeful that, with a new Congress, we will take up this important issue
in earnest. The legislation I am re-introducing today, the Federal
Election Enforcement and Disclosure Reform Act, addresses one of the
most serious problems with our current system, the inability of the
Federal Election Commission (FEC) to adequately enforce our existing
campaign laws. I recently read a compelling article entitled ``No Cop
on the Beat,'' which appeared in the January 23, 1999 issue of the
National Journal. The author, Eliza Newlin Carney, perhaps summarizes
best the current judgment on the effectiveness of the FEC when she
states that ``[a] long-standing joke around town is that the commission
is a government success story: It is precisely the weak and ineffective
agency that Congress intended it to be.''
The article was written following a December 1998 FEC hearing on the
1996 elections during which FEC auditors alleged that the national
campaign committees of both major parties violated campaign finance
rules with respect to broadcast advertising. Although party leaders
maintained that the advertisements in question were legitimate
``issue'' ads appropriately paid for by millions of dollars in ``soft''
money, based on their investigation, the FEC auditors alleged that they
were illegal ads which caused both major party Presidential campaigns
to exceed the federal spending limit and, more importantly, allowed
both campaigns to ``essentially bilk . . . the federal Treasury out of
no less than $25 million.'' The auditors recommended that the campaigns
repay the money. However, the commissioners unanimously rejected these
recommendations and refused to specifically address the alleged
grievous violations of federal campaign laws.
Although the author of the National Journal piece is very critical of
the enforcement system, her criticism correctly does not end with the
FEC. ``[T]he FEC isn't the only cop that seems to have deserted the
beat.'' According to the author, the FEC's refusal to enforce the
campaign regulations has also had a chilling effect on the Justice
Department's willingness to complete thorough investigations of the
abuses in the 1996 election cycle. Furthermore, she points out that
last year Congress again failed to enact new campaign finance laws to
help correct the problems. She concludes by mentioning the movement by
some politicians to totally deregulate the system--``By default, the
no-holds-barred camp seems to be winning. Their deregulation model is
starting to look an awful lot like the system we have today.''
As we can see in the preliminary preparations already underway, the
2000 election cycle is likely to be heading in the same direction and I
believe that this is the optimal time for us to act in order to prevent
such abuses. Although my bill will not address all of the campaign
finance system problems, it will revitalize the Federal Election
Commission to enable it to more effectively enforce current campaign
finance laws, and to close some loopholes in current campaign
disclosure requirements in order to provide the American people with
more comprehensive and more timely information on campaign finances.
As I made clear last year, I do not intend my legislation to fix all
of the problems with the campaign finance system. It is my
understanding that Senators McCain and Feingold also intend to re-
introduce their important legislation, which I intend to again co-
sponsor. I continue to believe that enactment of McCain-Feingold or
similar legislation is an essential step for the Senate to take this
year in beginning the process of repairing a campaign finance system
which is totally out of control. Banning soft money and imposing
disclosure and contribution requirements on sham issue ads aired close
to an election, as provided for under McCain-Feingold, are absolutely
vital reforms, without which the campaign finance system will only grow
less accountable, and more vulnerable to the appearance, if not the
fact, of undue influence by big money.
However, I want to broaden the scope of debate, and to begin the
process of seeking common ground on important reforms which go beyond
the problems of soft money and issue ads. As previously discussed, one
of the most glaring deficiencies in our current federal campaign system
is the ineffectiveness of its supposed referee, the Federal Election
Commission. The FEC, whether by design or through circumstance, has
been beset by partisan gridlock, uncertain and insufficient resources,
and lengthy proceedings which offer no hope of timely resolution of
charges of campaign violations.
Thus, the first major element of my bill is to strengthen the ability
of the Federal Election Commission to be an effective and impartial
enforcer of federal campaign laws. Among the most significant FEC-
related changes I am proposing are the following:
Alter the Commission structure to remove the possibility of partisan
gridlock by establishing a 7-member Commission, appointed by the
President based on qualifications, for single 7-year terms. The
Commission would be composed of two Republicans, two Democrats, one
third party member, and two members nominated by the Supreme Court.
Give the FEC independent litigating authority, including before the
Supreme Court, and establish a right of private civil action to seek
court enforcement in cases where the FEC fails to act, both of which
should dramatically improve the prospects for timely enforcement of the
law.
Provide sufficient funding of the FEC from a source independent of
Congressional intervention by the imposition of filing fees on federal
candidates, with such fees being adequate to meet the needs of the
Commission--estimated to be $50 million a year.
A second major component of the Federal Election Enforcement and
Disclosure Reform Act is to create a new Advisory Committee on Federal
Campaign Reform to provide for a body outside of Congress to
continually review and recommend changes in our federal campaign
system. The Committee would be charged, ``to study the laws (including
regulations) that affect how election campaigns for Federal office are
conducted and the implementation of such laws and may make
recommendations for change,'' which are to be submitted to Congress by
April 15 of every odd-numbered year. As with the FEC, the Advisory
Committee would receive independent and sufficient funding via the new
federal candidate filing fees.
The impetus for the Advisory Committee is two-fold: (1) to build a
``continuous improvement'' mechanism into the Federal campaign system,
and (2) to address the demonstrable fact that Congress responds slowly,
if at all, to the need for changes and updates in our campaign laws. In
both instances, the conclusion is the same: we cannot afford to wait
twenty-five years or until a major scandal develops to adapt our
campaign finance system to changing circumstances.
The final section of my bill seeks to enhance the effectiveness of
campaign
[[Page S2113]]
contribution disclosure requirements. As Justice Brandeis observed,
``Publicity is justly commended as a remedy for social and industrial
diseases. Sunlight is said to be the best of disinfectants; electric
light the most effective policeman.'' This is certainly true in the
realm of campaign finance, and perhaps the most enduring legacy of the
Watergate Reforms of a quarter-century ago is the expanded campaign and
financial disclosure requirements which emerged. By and large, they
have served us well, but as with everything else, they need to be
periodically reviewed and updated in light of experience. Therefore,
based in part on testimony I heard during the 1997 Governmental Affairs
Committee investigation and in part on the FEC's own recommendations
for improved disclosure, my bill will make several changes in current
disclosure requirements.
Specifically, I am recommending two reforms which will make it more
difficult for contributors and campaigns alike to turn a blind eye to
current disclosure requirements by, first, preventing a campaign from
depositing a contribution until all of the requisite disclosure
information is provided; and second, requiring those who contribute
$200 or more to provide a signed certification that their contribution
is not from a foreign national, and is not the result of a contribution
in the name of another person.
In addition, my legislation adopts a number of disclosure
recommendations made by the FEC in its 1997 report to Congress,
including provisions: requiring all reports to be filed by the due date
of the report; requiring all authorized candidate committee reports to
be filed on a campaign-to-date basis, rather than on a calendar year
cycle; and mandating monthly reporting for multi candidate committees
which have raised or spent, or anticipate raising or spending, in
excess of $100,000 in the current election cycle.
It is easy to be pessimistic when considering campaign finance reform
efforts especially after last year's inaction by the Senate. The public
and the media are certainly expecting Congress to fail to take
significant action to clean up the scandalous campaign system under
which we now run. But ladies and gentlemen of the Senate, I suggest
that we cannot afford the luxury of complacency. We may think we will
be able to win the next re-election because the level of outrage and
the awareness of the extent of the vulnerability of our political
system have perhaps not yet reached critical mass. But I am confident
that it is only a matter of time, and perhaps the next election cycle--
which will undoubtedly feature more unaccountable soft money, more sham
issue ads of unknown parentage, more circumvention of the spirit and in
some cases the letter of current campaign finance law--before the
scales are decisively tilted in favor of reform.
We will have campaign finance reform. The only question is whether
this Congress will step up to the plate, and fulfill its
responsibilities, to give the American people a campaign system they
can have faith in and which can preserve and protect our noble
democracy as we enter a new century.
Mr. President, I ask unanimous consent that a summary of my bill be
printed in the Record.
There being no objection, the summary was ordered to be printed in
the Record, as follows:
Summary of Federal Election Enforcement and Disclosure Reform Act
i. fec reform
A. The Federal Election Commission (FEC) would be
restructured as follows:
The Commission will be composed of 7 members appointed by
the President who are specially qualified to serve on the
Commission by reason of relevant knowledge: two Republican
members appointed by the President; two Democratic members
appointed by the President; one member appointed by the
President from among all other political parties whose
candidates received at least 3% of the national popular vote
in the most recent Presidential or U.S. House or U.S. Senate
elections; in the event no third party reached this
threshold, the President may consider all third parties in
making this appointment; and two members appointed by the
President from among 10 nominees submitted by the U.S.
Supreme Court. One of these two members would be chosen by
the Commission to serve as Chairman.
Relevant knowledge (for purposes of qualification for
appointment to the FEC) is defined to include:
A higher education degree in government, politics, or
public or business administration, or 4 years of relevant
work experience in the fields of government or politics, and
A minimum of two years experience in working on or in
relation to Federal election law or other Federal electoral
issues, or four years of such experience at the state level.
Commissioners will be limited to one 7 year term.
B. The FEC would be given the following additional powers:
Electronic filing of all reports required to be filed with
the FEC would be mandatory, with a waiver permitted for
candidates or other entities whose total expenditures or
receipts fall below a threshold amount set by the Commission.
The requirement for the submission of hard (paper) copies of
such reports would be continued.
The Commission would be authorized to conduct random audits
and investigations in order to increase voluntary compliance
with campaign finance laws.
The FEC would be authorized to seek court enforcement when
the Commission believes a substantial violation is occurring,
failure to act will result in ``irreparable harm'' to an
affected party, expeditious action will not cause ``undue
harm'' to the interests of other parties, and the public
interest would best be served by the issuance of an
injunction.
The Commission would be authorized to implement expedited
procedures for complaints filed within 60 days of a general
election.
Penalties for knowing and willful violations of the Federal
Election Campaign Act would be increased.
The Commission would be expressly granted independent
litigating authority, including before the Supreme Court.
Private individuals or groups would be authorized to
independently seek court enforcement when the FCC fails to
act within 120 days of when a complaint is filed. A ``loser
pays'' standard would apply in such proceedings.
The Commission would be authorized to levy fines, not to
exceed $5,000, for minor reporting violations, and to publish
a schedule for fines for such violations.
Candidates for the Senate would be required to file with
the FEC rather than the Secretary of the Senate.
C. The FEC would be provided with resources in the
following manner:
Consistent with its expanded duties, the FEC would be
authorized to receive $50 million in FY2000 and FY2001, with
this amount indexed for inflation thereafter.
The funding would be derived from a ``user fee'' imposed on
federal candidate and party committees. The FEC would
establish a fee schedule and determine the requisite fee
level to fund the operations of the FEC and the new Advisory
Committee on Federal Campaign Reform. This determination will
include a waiver for the first $50,000 raised by campaigns.
ii. advisory committee on federal campaign reform
A. A new Advisory Committee on Federal Campaign Reform
would be created.
B. The Committee would be composed of 9 members, who are
specially qualified to serve on the Committee by reason of
relevant knowledge, to be appointed as follows: 1 appointed
by the President of the United States, 1 appointed by the
Speaker of the House, 1 each appointed by the Majority and
Minority Leaders of the U.S. House and Senate, 1 appointed by
the Supreme Court, 1 appointed by the Reform Party (or
whatever third party's candidate for President received the
largest number of popular votes in the most recent
Presidential election), and 1 appointed by the American
Political Science Association. Committee members would elect
the Chairman.
C. Committee members would each serve four-year terms, and
would be limited to two consecutive terms.
D. The appointees by the Supreme Court, the Reform Party
(or other third party), and the American Political Science
Association must be individuals who, during the five years
before their appointment, have not held elective office as a
member of the Democratic or Republican Parties, have not
received any wages or salaries from the Democratic or
Republican Parties, or have not provided substantial
volunteer services or made any substantial contribution to
the Democratic or Republican Parties, or to a Democratic or
Republican party public office-holder or candidate for
office.
E. Relevant knowledge (for purposes of qualification for
appointment to the Committee) is defined to include:
A higher education degree in government, politics, or
public or business administration, or 4 years of relevant
work experience in the fields of government or politics, and
A minimum of two years experience in working on or in
relation to national campaign finance or other electoral
issues, or four years of such experience at the state level.
F. The Committee would be authorized to spend $1 million a
year in its first year, indexed for inflation thereafter.
Funding would be provided by the new campaign user fee
discussed above.
G. The Committee would be required to monitor the operation
of federal election laws and to submit a report, including
recommended changes in law, to Congress by April 15 of every
odd numbered year.
H. Congress would be required to consider the Committee's
recommendations under ``fast track'' procedures to guarantee
expeditious consideration in both houses of Congress.
[[Page S2114]]
iii. enhanced campaign finance disclosure
A. Campaign would be prohibited from putting contributions
which lack all requisite contributor information into any
account other than an escrow account from which money cannot
be spent. Contributions placed in such an account would not
be subject to the current ten-day maximum holding period on
checks.
B. A new requirement would be placed on contributions in
excess of $200 (aggregate): a written certification by the
contributor that the contribution is not derived from any
foreign income source, and is not the result of a
reimbursement by another party.
C. The current option to file reports submitted by
registered or certified mail based on postmark date would be
deleted, thus requiring all reports to be filed by the due
date of the report.
D. Authorized candidate committee reports would be required
to be filed on a campaign-to-date basis, rather than on a
calendar year cycle.
E. Monthly reporting would be mandated for multi candidate
committees which have raised or spent, or anticipate raising
or spending, in excess of $100,000 in the current election
cycle.
F. The requirement for filing of last-minute independent
expenditures would be clarified to make clear that such
report must be received within 24 hours after the independent
expenditure is made.
G. Campaign disbursements to secondary payees who are
independent subcontractors would have to be reported.
H. Political committees, other than authorized candidate
committees, which have received or spent, or anticipate
receiving or spending, $100,000 or more in the current
election cycle would be subjected to the same ``last minute''
contribution reporting requirements as candidate committees.
(Under current law, all contributions of $1,000 or more
received after the 205th day, but before 48 hours, before an
election must be reported to the FEC within 48 hours.)
______
By Mrs. LINCOLN (for herself, Mr. Moynihan, Mr. Breaux, Mr.
Kerrey, Ms. Landrieu, and Mr. Cochran):
S. 506. A bill to amend the Internal Revenue Code of 1986 to
permanently extend the provisions which allow nonrefundable personal
credits to be fully allowed against regular tax liability; to the
Committee on Finance.
THE WORKING FAMILIES TAX RELIEF ACT
Mrs. LINCOLN. Mr. President, today I am introducing legislation to
ensure that middle income working families receive the tax credits that
Congress intended for them.
There are many absurdities in our tax code, and I look forward to
working with my colleagues to reform and simplify our entire tax
system. Today, however, I offer a small first step toward making our
tax laws sensible. The legislation I am introducing will protect
millions of working families by allowing taxpayers to deduct their
nonrefundable personal credits without having to include those credits
in any determination of Alternative Minimum Tax (AMT) liability. Tax
laws created to deal with wealthy folks who overuse tax shelters simply
should not apply to middle income families. This legislation is
necessary, and it will actually remove language from the tax code
making it more simple and more user friendly.
Imagine for a moment two working parents in Arkansas making $33,800.
They work hard to spread their incomes far enough to pay their mortgage
and care for their two school-age children and one in college. It may
surprise you to know that this family falls under a tax burden that was
created to ensure that the very wealthy pay their fair share of taxes.
This family would have to pay the AMT.
While the threshold income limits of the AMT have been set since
1986, incomes have slowly crept up due to inflation. This, coupled with
the inclusion of family tax credits in AMT liability determination, has
led to the ironic situation that my legislation seeks to correct. The
Alternative Minimum Tax must be changed so that a family will not be
strapped with an added tax burden simply because they choose to have
children or educate them.
Not only must we change the AMT, we must change it permanently. Last
year, Congress provided a one year provision which removed the
nonrefundable personal credits from AMT liability determination. I was
pleased to see the President extend this provision for two more years
in his budget. But we need to fix this problem permanently rather than
using a band-aid approach of year-to-year alterations.
The AMT is a looming peril for a massive number of middle-income
Americans. Two Treasury Department economists recently projected that
the number of households earning from $30,000 to $50,000 that are
subjected to the AMT will more than triple in the coming decade.
Because the individual AMT parameters are not indexed for inflation,
2.8 million taxpayers will completely lose these important family
credits by 2008. On top of this injustice, many unwitting taxpayers
will owe penalties and interest on underpaid taxes. Such a situation
cannot be allowed to exist. While Congress must soon address the issue
of indexing the AMT for inflation, permanently removing the
nonrefundable personal credits from the reach of the AMT is the first
step to ensuring that America's middle-income taxpayers will receive
the financial relief they deserve while avoiding the confusion and
frustration of year-to-year tax legislation.
American families were given a child tax credit to help them raise
their kids. Education credits were created to help make a college
education more affordable for all Americans. These tax credits are good
for families. They are important to working people and they are great
for the long term future of our economy. As our law currently stands,
however, many middle-income families will not be able to use these
credits because they will be either totally eliminated or significantly
reduced by the AMT. The education and child credits are not, however,
the only credits that stand to be voided by the growing menace of the
AMT. People who bring children into their homes will lose the value of
the adoption credit. The credit for the elderly and the disabled will
lose its value, and the dependant care credit will be effectively
canceled by the AMT. This is absurd and the problem must be rectified.
I would like to thank the ranking member of the Finance Committee,
Senate Moynihan, and his very capable staffer, Stan Fendley, for
working with me on this legislation. And I'd like to thank Senators
Moynihan, Cochran, Breaux, Kerrey, and Landrieu for signing on as
original co-sponsors. I encourage our colleagues to join us in this
common sense approach to helping working families.
Mr. President I ask unanimous consent that this bill be printed in
the Record with these comments as well as the January 10, 1999 New York
Times article by David Cay Johnston titled ``Funny, They Don't Look
Like Fat Cats.''
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 506
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NONREFUNDABLE PERSONAL CREDITS FULLY ALLOWED
AGAINST REGULAR TAX LIABILITY.
(a) In General.--Section 26(a) of the Internal Revenue Code
of 1986 (relating to limitation based on amount of tax) is
amended to read as follows:
``(a) Limitation Based on Amount of Tax.--The aggregate
amount of credits allowed by this subpart for the taxable
year shall not exceed the taxpayer's regular tax liability
for the taxable year.''
(b) Conforming Amendments.--Section 24(d) of the Internal
Revenue Code of 1986 is amended by striking paragraphs (2)
and by redesignating paragraph (3) as paragraph (2).
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
1998.
____
[From the New York Times, Jan. 10, 1999]
Funny, They Don't Look Like Fat Cats
(By David Cay Johnston)
Three decades ago, Congress, embarrassed by the disclosure
that 155 wealthy Americans had paid no Federal income taxes,
enacted legislation aimed at preventing the very rich from
shielding their wealth in tax shelters.
Today, that legislation, creating the alternative minimum
tax, is instead snaring a rapidly growing number of middle-
class taxpayers, forcing them to pay additional tax or to
lose some of their tax breaks.
Of the more than two million taxpayers who will be subject
this year to the alternative minimum tax, or A.M.T., about
half have incomes of $30,000 to $100,000. Some are single
parents with jobs; some are people making as little as $527 a
week. Over all, the number of people affected by the tax is
expected to grow 26 percent a year for the next decade.
But many of the wealthy will not be among them. Even with
the A.M.T., the number of taxpayers making more than $200,000
who pay no taxes has risen to more than 2,000 each year.
How a 1969 law aimed at the tax-shy rich became a growing
burden on moderate earners illustrates how tax policy in
Washington can be a fall of mirrors.
[[Page S2115]]
While some Republican Congressmen favor eliminating the
tax, other lawmakers say such a move would be an expensive
tax break for the wealthy--or at lest would be perceived that
way, and thus would be politically unpalatable. And any
overhaul of the system would need to compensate for the $6.6
billion that individuals now pay under the A.M.T. This year,
such payments will account for almost 1 percent of all
individual income tax revenue.
``This is a classic case of both Congress and the
Administration agreeing that the tax doesn't make much sense,
but not being able to agree on doing anything about it,''
said C. Eugene Steuerle, an economist with the Urban
Institute, a nonprofit research organization in Washington.
Mr. Steuerle was a Treasury Department tax official in
1986, when an overhaul of the tax code set the stage for
drawing the middle class into the A.M.T.
In eliminating most tax shelters for the wealthy, Congress
decided to treat exemptions for children and deductions for
medical expenses just like special credits for investors in
oil wells, in they cut too deeply into a household's taxable
income.
Congress decided that once these ``tax preferences''
exceeded certain amounts--$40,000 for a married couple, for
example--people would be moved out of the regular income tax
and into the alternative minimum tax. At the time, the
threshold was high enough to affect virtually no one but the
rich. But it has since been raised only once--by 12.5
percent, to $45,000 for a married couple--while the cost of
living has risen 43 percent. And so the limits have sneaked
up on growing numbers of taxpayers of more modest means.
``Everyone knew back then that it had problems that had to
be fixed,'' Mr. Steuerle recalled. ``They just said, `next
year.' ''
But ``next year'' has never come--and it is unlikely to
arrive in 1999, either. While tax policy experts have known
for years that the middle class would be drawn into the
A.M.T., few taxpayers have been clamoring for change.
Among those few, however, are David and Margaret Klaassen
of Marquette, Kan. Mr. Klaassen, a lawyer who lives and works
out of a farmhouse, made $89,751.07 in 1997 and paid $5,989
in Federal income taxes. Four weeks ago, the Internal Revenue
Service sent the Klaassens a notice demanding $3,761 more
under the alternative minimum tax, including a penalty
because the I.R.S. said the Klaassens knew they owed the
A.M.T.
Mr. Klaassen acknowledges that he knew the I.R.S. would
assert that he was subject to the A.M.T., but he says the law
was not meant to apply to his family. ``I've never invested
in a tax shelter,'' he said. ``I don't even have municipal
bonds.''
The Klaassens do, however, have 13 children and their
attendant medical expenses--including the costs of caring for
their second son, Aaron, 17, who has battled leukemia for
years. It was those exemptions and deductions that subjected
them to the A.M.T.
``What kind of policy taxes you for spending money to save
your child's life?'' Mr. Klaassen asked.
The tax affects taxpayers in three ways. Some, like the
Klaassens, pay the tax at either a 26 percent or a 28 percent
rate because they have more than $45,000 in exemptions and
deductions. Others do not pay the A.M.T. itself, but they
cannot take the full tax breaks they would have received
under the regular income tax system without running up
against limits set by the A.M.T. The A.M.T. can also convert
tax-exempt income from certain bonds and from exercising
incentive stock options into taxable income.
It may be useful to think of the alternative minimum tax as
a parallel universe to the regular income tax system, similar
in some ways but more complex and with its own
classifications of deductions, its own rates and its own
paperwork. The idea was that taxpayers who had escaped the
regular tax universe by piling on credits and deductions
would enter this new universe to pay their fair share.
(Likewise, there is a corporate A.M.T. that parallels the
corporate income tax.)
At first, the burden of the A.M.T. fell mainly on the
shoulders of business owners and investors, said Robert S.
McIntyre, executive director of Citizens for Tax Justice, a
nonprofit group in Washington that says the tax system favors
the rich. Based on I.R.S. data, Mr. McIntyre said he found
that 37 percent of A.M.T. revenue in 1990 was a result of
business owners using losses from previous years to reduce
their regular income taxes; an additional 18 percent was
because of big deductions for state and local taxes.
But that has begun to shift, largely as a result of the
1986 changes, which eliminated most tax shelters and lowered
tax rates.
When President Reagan and Congress were overhauling the tax
code, they could not make the projected revenues under the
new rules equal those under the old system. Huge, and
growing, budget deficits made it politically essential for
the official estimates to show that after tax reform, the
same amount of money would flow to Washington.
One solution, said Mr. Steuerle, the former Treasury
official, was to count personal and dependent exemptions and
some medical expenses as preferences to be reduced or ignored
under the A.M.T., just as special credits for petroleum
investments and other tax shelters are.
Mortgage interest and charitable gifts were not counted as
preferences, according to tax policy experts who worked on
the legislation, because they generated more money than was
needed.
But the A.M.T. has not stayed ``revenue neutral,'' in
Washington parlance.
The regular income tax was indexed for inflation in 1984,
so that taxpayers would not get pushed into higher tax
brackets simply because their income kept pace with the cost
of living.
The A.M.T. limits, however, have not been indexed. The
total allowable exemptions before the tax kicks in have been
fixed since 1993 at $45,000 for a married couple filing
jointly. For unmarried people, the total amount is now
$33,750, and for married people filing separately, it is
$22,500.
If the limit had been indexed since 1986, when the A.M.T.
was overhauled, it would be about $57,000 for married couples
filing jointly--and most middle-income households would still
be exempt.
Mr. Steuerle said he warned at the time that including
``normal, routine deductions and exemptions that everyone
takes'' in the list of preferences would eventually turn the
A.M.T. into a tax on the middle class.
That appears to be exactly what has happened.
For example, a married person who makes just $527 a week
and files her tax return separately can be subject to the
tax, said David S. Hulse, an assistant professor of
accounting at the University of Kentucky.
And the Taxpayer Relief Act of 1997, which allows a $500-a-
child tax credit as well as education credits, may make even
more middle-class families subject to the A.M.T. by reducing
the value of those credits.
Two Treasury Department economists recently calculated that
largely because of the new credits, the number of households
making $30,000 to $50,000 who must pay the alternative
minimum tax will more than triple in the coming decade. The
economists, Robert Rebelein and Jerry Tempalski, also
calculated that for households making $15,000 to $30,000
annually, A.M.T. payments will grow 25-fold, to $1.2 billion,
by 2008.
Last year, many more people would have been subject to the
A.M.T. if Congress had not made a last-minute fix pushed by
Representative Richard E. Neal, Democrat of Massachusetts,
that--for 1998 only--exempted the new child and education
credits. The move came after I.R.S. officials told Congress
that the credits added enormous complexity to calculating tax
liability. Figuring out how much the A.M.T. would reduce the
credits was beyond the capacity of most taxpayers and even
many paid tax preparers, the I.R.S. officials said.
EVEN if Congress makes a permanent fix to the problems
created by the child and education credits, it will put only
a minor drag on the spread of the A.M.T. as long as the tax
is not indexed for inflation. The two Treasury economists
calculated that revenues from the tax would climb to $25
billion in 2008 without a fix, or to $21.9 billion with one.
In 1999, if there is no exemption for the credits, a single
parent who does not itemize deductions but who makes $50,000
and takes a credit for the costs of caring for two children
while he works, will be subject to the A.M.T., estimated
Jeffrey Pretsfelder, an editor at RIA Group, a publisher of
tax information for professionals.
If the tax laws are not changed, 8.8 million taxpayers will
have to pay the A.M.T. a decade from now, the Congressional
Joint Committee on Taxation estimated last month. Add in the
taxpayers who will not receive the full value of their
deductions because they run up against the limits set by the
A.M.T., and the total grows to 11.6 million taxpayers--92
percent of whom have incomes of less than $200,000, the two
Treasury economists estimated.
While many lawmakers and Treasury officials have criticized
the impact of the tax on middle-class taxpayers, there are
few signs of change, as Republicans and the Administration
talk past each others.
Representative Bill Archer, the Texas Republican who as the
chairman of the House Ways and Means Committee is the chief
tax writer, said the A.M.T. should be eliminated in the next
budget.
``Unfortunately, the A.M.T. tax can penalize large
families, which is part of the reason why Republicans for
years have tried to eliminate it or at least reduce it,'' Mr.
Archer said. ``Unfortunately, President Clinton blocked our
efforts each time.''
Lawrence H. Summers, the Deputy Treasury Secretary, said
the Administration was ``very concerned that the A.M.T. has a
growing impact on middle-class families, including by
diluting the child credit, education credits and other
crucial tax benefits, and we hope to address this issue in
the President's budget.
``Subject to budget constraints, we look forward to working
with Congress on this important issue,'' he continued.
That revenue concerns have thwarted exempting the middle
class runs counter to the reason Congress initially imposed
the tax.
``You need an A.M.T. because people who make a lot of money
should pay some income taxes,'' said Mr. McIntrye, of
Citizens for Tax Justice. ``If you believe, like Mr. Archer
and a lot of Republicans do, that the more you make the less
in taxes you should pay, then of course you are against the
A.M.T. But somehow I don't think some people see it that
way.''
The Klaassens, meanwhile, are challenging the A.M.T. in
Federal Court. The United
[[Page S2116]]
States Court of Appeals for the 10th Circuit is scheduled to
hear arguments in March on their claim that the tax infringes
their religious freedom. The Klaassens, who are
Presbyterians, said they believe children ``are a blessing
from God, and so we do not practice birth control,'' Mr.
Klaassen said.
When Mr. Klaassen wrote to an I.R.S. official complaining
that a $1,085 bill for the A.M.T. for 1994 resulted from the
size of his family, he got back a curt letter saying that his
``analysis of the alternative minimum tax's effect on large
families was interesting but inappropriate'' and advising him
that it was medical deductions, not family size, that
subjected him to the A.M.T.
Under the regular tax system, medical expenses above 7.5
percent of adjusted gross income--the last line on the front
page of Form 1040--are deductible. Under the A.M.T., the
threshold is raised to 10 percent.
Still doubting the I.S.R.'s math, Mr. Klaassen decided to
test what would have happened had he filed the same tax
return, changing only the number of children he claimed as
dependents. He found that if he has seven or fewer children,
the A.M.T. would not have applied in 1994.
But the eighth child set off the A.M.T., at a cost of $223.
Having nine children raised the bill to $717. And 10
children, the number he had in 1994, increased that sum to
$1,085--the amount the I.R.S. said was due.
``We love this country and we believe in paying taxes,''
Mr. Klaassen said. ``But we cannot believe that Congress ever
intended to apply this tax to our family solely because of
how many children we choose to have. And I have shown that
we are subject to the AMT solely because we have chosen
not to limit the size of our family.''
The IRS, in papers opposing the Klaassens, noted that tax
deductions are not a right but a matter of ``legislative
grace.''
Mr. Klaassen turned to the Federal courts after losing in
Tax court. The opinion by Tax Court Judge Robert N. Armen Jr.
was summed up this way by Tax Notes, a magazine that
critiques tax policy: ``Congress intended the alternative
minimum tax to affect large families when it made personal
exemptions a preference item.''
Several tax experts said that Mr. Klaassen had little
chance of success in the courts because the statute treating
children as tax preferences was clear. They also said that
nothing in the AMT laws was specifically aimed at his
religious beliefs.
Meanwhile, for people who make $200,000 or more, the AMT
will be less of a burden this year because of the Taxpayer
Relief Act of 1997, which included a provision lowering the
maximum tax rate on capital gains for both the regular tax
and the AMT to 20 percent.
Mr. Rebelein and Mr. Tempalski, the Treasury Department
economists, calculated recently that people making more than
$200,000 would pay a total of 4 percent less in AMT for 1998
because of the 1997 law. By 2008, their savings will be 9
percent, largely as a result of lower capital gains rates and
changed accounting rules for business owners.
``This law was passed to catch people who use tax shelters
to avoid their obligations,'' Mr. Klaassen said. ``But
instead of catching them it hits people like me. This is just
nuts.''
three ways to deal with a taxing problem
President Clinton, his tax policy advisers and the
Republicans who control the tax writing committees in
Congress all agree that the alternative minimum tax is a
growing problem for the middle class. But there is no
agreement on what to do. Here are some options that have been
discussed.
Raise the exemption--Representative Bill Archer, the Texas
Republican who is the chairman of the House Ways and Means
Committee, two years ago proposed raising the $45,000 AMT
exemption for a married couple by $1,000. But that would
leave many middle-class families subject to the tax, because
it would not fully account for inflation. To do that would
require an exemption of about $57,000, followed by automatic
inflation adjustments. That is the most widely favored
approach, drawing support from people like J.D. Foster,
executive director of the Tax Foundation, a group supported
by corporations, and Robert S. McIntyre, executive director
of Citizens for Tax Justice, which is financed in part by
unions and contends that the tax system favors the rich.
Exempt child and education credits--For 1998 only, Congress
exempted the child tax credit and the education tax credits
from the AMT. But millions of taxpayers will lose these
credits, or get only part of them, unless Congress makes a
fix each year or permanently exempts them.
Eliminate it--Mr. Archer and other Republicans want to get
rid of the AMT but have not proposed how to make up for the
lost revenue, which in a decade is expected to grow to $25
billion annually. Recently, however, Mr. Archer has said that
in a period of Federal budget surpluses, it may be time to
scrap the budget rules that require paying for tax cuts with
reduced spending or tax increases elsewhere.
______
By Mr. WARNER (for himself, Mr. Chafee, Mr. Baucus, Mr.
Voinovich, Mr. Lautenberg, Mr. Bennett, and Mrs. Boxer):
S. 507. 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; to the Committee on
Environment and Public Works.
the water resources development act of 1999
Mr. WARNER. Mr. President, I am pleased to introduce today
legislation to reauthorize the civil works mission of the Corps of
Engineers.
I am joined today by the Chairman of the Committee on Environment and
Pubic Works, Senator Chafee; the Committee's Ranking Member, Senator
Baucus; the new Chairman of the Subcommittee on Transportation and
Infrastructure, Senator Voinovich; Senator Bennett, Senator Lautenberg,
and Senator Boxer in cosponsoring this legislation.
Since 1986, it has been the policy and practice of the Congress to
reauthorize Corps of Engineers civil works activities--projects for
flood control, navigation, hurricane protection and erosion control,
and environmental restoration--on a two-year cycle. Last year, the
Senate passed S. 2131 by unanimous consent. Regrettably, the House was
unable to consider companion legislation.
In an effort to keep these critically needed projects on schedule, I
am pleased that the Chairman Chafee and Majority Leader Lott have
indicated their strong support for promptly considering this bill this
year. The bill I am introducing today mirrors S. 2131 passed last year
with updated cost estimates and project revisions provided by the Corps
of Engineers.
This legislation authorizes the construction of 37 new flood control,
navigation, environmental restoration, hurricane protection and
shoreline erosion control and recreation projects. It modifies 43
previously authorized projects and calls on the Corps of Engineers to
conduct 29 studies to determine the economic justification of future
water resource projects.
Mr. President, the landmark Water Resources Development Act of 1986
established the principle of cost-sharing of economically justified
projects that have a federal interest. Local interests are required to
share 35 percent of the cost of construction of flood control and
hurricane protection and shoreline erosion control projects. The non-
federal financial requirements for navigation projects depend on the
depth of the project and range from 25 percent to 50 percent of the
cost of construction.
The legislation we are introducing today is consistent with the cost
sharing provisions of prior water resource laws. Also, the Committee
has been consistent in requiring that every new construction project
receive a cmpleted project report by the Chief of Engineers before it
is included in this legislation.
As the former Chairman of the Subcommittee on Transportation and
Infrastructure, I commend Chairman Chafee and Senator Baucus for
standing firm in support of these cost-sharing and economic benefits
tests. These policies have proven effective in authorizing projects
that are worthy of federal investment and have the strong support of
local sponsors. No other approach has been more effective in weeding
out questionable projects than requiring either a state or the local
government to contribute to the cost of engineering, design and
construction of a project.
I am pleased that this financial commitments from local sponsors,
that have been thoroughly evaluated and received a report from the
Chief of Engineers, and have demonstrated that the economic benefits to
be achieved by the project exceed the federal costs.
These fundamental requirements are applied to each project and only
those that meet all of these tests are included in this legislation.
Mr. President, this legislation is critically important to many
communities who have already contributed significant resources to
prepare these projects for authorization. There is ample evidence to
confirm that the federal investment in water resource projects is a
wise investment of taxpayer dollars. In 1997 alone, Corps flood control
projects prevented approximately $45.2 billion in damages. The
continued maintenance and deepening of our commercial waterways remains
critical to the U.S. successfully competing in a one-world marketplace.
The value of commerce on these waterways
[[Page S2117]]
totaled over $600 billion in 1996, generating 15.9 million jobs.
It is important for the Committee to enact this bill prior to the
appropriations cycle this year. I pledge to work with my colleagues so
that the full Senate can soon consider this bill.
At this time, Mr. President, I ask unanimous consent that the full
text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 507
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Water
Resources Development Act of 1999''.
(b) Table of Contents.--The table of contents for 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. Project modifications.
Sec. 103. Project deauthorizations.
Sec. 104. Studies.
TITLE II--GENERAL PROVISIONS
Sec. 201. Flood hazard mitigation and riverine ecosystem restoration
program.
Sec. 202. Shore protection.
Sec. 203. Small flood control authority.
Sec. 204. Use of non-Federal funds for compiling and disseminating
information on floods and flood damages.
Sec. 205. Everglades and south Florida ecosystem restoration.
Sec. 206. Aquatic ecosystem restoration.
Sec. 207. Beneficial uses of dredged material.
Sec. 208. Voluntary contributions by States and political subdivisions.
Sec. 209. Recreation user fees.
Sec. 210. Water resources development studies for the Pacific region.
Sec. 211. Missouri and Middle Mississippi Rivers enhancement project.
Sec. 212. Outer Continental Shelf.
Sec. 213. Environmental dredging.
Sec. 214. Benefit of primary flood damages avoided included in benefit-
cost analysis.
Sec. 215. Control of aquatic plant growth.
Sec. 216. Environmental infrastructure.
Sec. 217. Watershed management, restoration, and development.
Sec. 218. Lakes program.
Sec. 219. Sediments decontamination policy.
Sec. 220. Disposal of dredged material on beaches.
Sec. 221. Fish and wildlife mitigation.
Sec. 222. Reimbursement of non-Federal interest.
Sec. 223. National Contaminated Sediment Task Force.
Sec. 224. Great Lakes basin program.
Sec. 225. Projects for improvement of the environment.
Sec. 226. Water quality, environmental quality, recreation, fish and
wildlife, flood control, and navigation.
Sec. 227. Irrigation diversion protection and fisheries enhancement
assistance.
Sec. 228. Small storm damage reduction projects.
Sec. 229. Shore damage prevention or mitigation.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Dredging of salt ponds in the State of Rhode Island.
Sec. 302. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 303. Small flood control projects.
Sec. 304. Small navigation projects.
Sec. 305. Streambank protection projects.
Sec. 306. Aquatic ecosystem restoration, Springfield, Oregon.
Sec. 307. Guilford and New Haven, Connecticut.
Sec. 308. Francis Bland Floodway Ditch.
Sec. 309. Caloosahatchee River basin, Florida.
Sec. 310. Cumberland, Maryland, flood project mitigation.
Sec. 311. City of Miami Beach, Florida.
Sec. 312. Sardis Reservoir, Oklahoma.
Sec. 313. Upper Mississippi River and Illinois waterway system
navigation modernization.
Sec. 314. Upper Mississippi River management.
Sec. 315. Research and development program for Columbia and Snake
Rivers salmon survival.
Sec. 316. Nine Mile Run habitat restoration, Pennsylvania.
Sec. 317. Larkspur Ferry Channel, California.
Sec. 318. Comprehensive Flood Impact-Response Modeling System.
Sec. 319. Study regarding innovative financing for small and medium-
sized ports.
Sec. 320. Candy Lake project, Osage County, Oklahoma.
Sec. 321. Salcha River and Piledriver Slough, Fairbanks, Alaska.
Sec. 322. Eyak River, Cordova, Alaska.
Sec. 323. North Padre Island storm damage reduction and environmental
restoration project.
Sec. 324. Kanopolis Lake, Kansas.
Sec. 325. New York City watershed.
Sec. 326. City of Charlevoix reimbursement, Michigan.
Sec. 327. Hamilton Dam flood control project, Michigan.
Sec. 328. Holes Creek flood control project, Ohio.
Sec. 329. Overflow management facility, Rhode Island.
SEC. 2. DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of
the Army.
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--The following projects
for water resources development and conservation and other
purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to
the conditions, described in the respective reports
designated in this section:
(1) Sand point harbor, alaska.--The project for navigation,
Sand Point Harbor, Alaska: Report of the Chief of Engineers
dated October 13, 1998, at a total cost of $11,760,000, with
an estimated Federal cost of $6,964,000 and an estimated non-
Federal cost of $4,796,000.
(2) Rio salado (salt river), arizona.--The project for
environmental restoration, Rio Salado (Salt River), Arizona:
Report of the Chief of Engineers dated August 20, 1998, at a
total cost of $88,048,000, with an estimated Federal cost of
$56,355,000 and an estimated non-Federal cost of $31,693,000.
(3) Tucson drainage area, arizona.--The project for flood
damage reduction, environmental restoration, and recreation,
Tucson drainage area, Arizona: Report of the Chief of
Engineers dated May 20, 1998, at a total cost of $29,900,000,
with an estimated Federal cost of $16,768,000 and an
estimated non-Federal cost of $13,132,000.
(4) American river watershed, california.--
(A) In general.--The project for flood damage reduction
described as the Folsom Stepped Release Plan in the Corps of
Engineers Supplemental Information Report for the American
River Watershed Project, California, dated March 1996, at a
total cost of $505,400,000, with an estimated Federal cost of
$329,300,000 and an estimated non-Federal cost of
$176,100,000.
(B) Implementation.--
(i) In general.--Implementation of the measures by the
Secretary pursuant to subparagraph (A) shall be undertaken
after completion of the levee stabilization and strengthening
and flood warning features authorized by section 101(a)(1) of
the Water Resources Development Act of 1996 (110 Stat. 3662).
(ii) Folsom dam and reservoir.--The Secretary may undertake
measures at the Folsom Dam and Reservoir authorized under
subparagraph (A) only after reviewing the design of such
measures to determine if modifications are necessary to
account for changed hydrologic conditions and any other
changed conditions in the project area, including operational
and construction impacts that have occurred since completion
of the report referred to in subparagraph (A). The Secretary
shall conduct the review and develop the modifications to the
Folsom Dam and Reservoir with the full participation of the
Secretary of the Interior.
(iii) Remaining downstream elements.--
(I) In general.--Implementation of the remaining downstream
elements authorized pursuant to subparagraph (A) may be
undertaken only after the Secretary, in consultation with
affected Federal, State, regional, and local entities, has
reviewed the elements to determine if modifications are
necessary to address changes in the hydrologic conditions,
any other changed conditions in the project area that have
occurred since completion of the report referred to in
subparagraph (A) and any design modifications for the Folsom
Dam and Reservoir made by the Secretary in implementing the
measures referred to in clause (ii), and has issued a report
on the review.
(II) Principles and guidelines.--The review shall be
prepared in accordance with the economic and environmental
principles and guidelines for water and related land
resources implementation studies, and no construction may be
initiated unless the Secretary determines that the remaining
downstream elements are technically sound, environmentally
acceptable, and economically justified.
(5) Llagas creek, california.--The project for completion
of the remaining reaches of the Natural Resources
Conservation Service flood control project at Llagas Creek,
California, undertaken pursuant to section 5 of the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1005),
substantially in accordance with the requirements of local
cooperation as specified in section 4 of that Act (16 U.S.C.
1004) at a total cost of $45,000,000, with an estimated
Federal cost of $21,800,000 and an estimated non-Federal
share of $23,200,000.
(6) South sacramento county streams, california.--The
project for flood control, environmental restoration, and
recreation, South Sacramento County streams, California:
Report of the Chief of Engineers dated October 6, 1998, at a
total cost of $65,500,000, with an estimated Federal cost of
$41,200,000 and an estimated non-Federal cost of $24,300,000.
(7) Upper guadalupe river, california.--Construction of the
locally preferred plan for flood damage reduction and
recreation, Upper Guadalupe River, California, described as
the Bypass Channel Plan of the Chief of Engineers dated
August 19, 1998, at a total
[[Page S2118]]
cost of $137,600,000, with an estimated Federal cost of
$44,000,000 and an estimated non-Federal cost of $93,600,000.
(8) Yuba river basin, california.--The project for flood
damage reduction, Yuba River Basin, California: Report of the
Chief of Engineers dated November 25, 1998, at a total cost
of $26,600,000, with an estimated Federal cost of $17,350,000
and an estimated non-Federal cost of $9,250,000.
(9) Delaware bay coastline: delaware and new jersey-
broadkill beach, delaware.--
(A) In general.--The project for hurricane and storm damage
reduction and shore protection, Delaware Bay coastline:
Delaware and New Jersey-Broadkill Beach, Delaware, Report of
the Chief of Engineers dated August 17, 1998, at a total cost
of $9,049,000, with an estimated Federal cost of $5,674,000
and an estimated non-Federal cost of $3,375,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $538,200, with an estimated annual Federal
cost of $349,800 and an estimated annual non-Federal cost of
$188,400.
(10) Delaware bay coastline: delaware and new jersey-port
mahon, delaware.--
(A) In general.--The project for ecosystem restoration and
shore protection, Delaware Bay coastline: Delaware and New
Jersey-Port Mahon, Delaware: Report of the Chief of Engineers
dated September 28, 1998, at a total cost of $7,644,000, with
an estimated Federal cost of $4,969,000 and an estimated non-
Federal cost of $2,675,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $234,000, with an estimated annual Federal
cost of $152,000 and an estimated annual non-Federal cost of
$82,000.
(11) Hillsboro and okeechobee aquifer storage and recovery
project, florida.--The project for aquifer storage and
recovery described in the Corps of Engineers Central and
Southern Florida Water Supply Study, Florida, dated April
1989, and in House Document 369, dated July 30, 1968, at a
total cost of $27,000,000, with an estimated Federal cost of
$13,500,000 and an estimated non-Federal cost of $13,500,000.
(12) Indian river county, florida.--Notwithstanding section
1001(a) of the Water Resources Development Act of 1986 (33
U.S.C. 579a(a)), the project for shoreline protection, Indian
River County, Florida, authorized by section 501(a) of that
Act (100 Stat. 4134), shall remain authorized for
construction through December 31, 2002.
(13) Lido key beach, sarasota, florida.--
(A) In general.--The project for shore protection at Lido
Key Beach, Sarasota, Florida, authorized by section 101 of
the River and Harbor Act of 1970 (84 Stat. 1819) and
deauthorized by operation of section 1001(b) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)), is
authorized to be carried out by the Secretary at a total cost
of $5,200,000, with an estimated Federal cost of $3,380,000
and an estimated non-Federal cost of $1,820,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $602,000, with an estimated annual Federal
cost of $391,000 and an estimated annual non-Federal cost of
$211,000.
(14) Tampa harbor-big bend channel, florida.--The project
for navigation, Tampa Harbor-Big Bend Channel, Florida:
Report of the Chief of Engineers dated October 13, 1998, at a
total cost of $12,356,000, with an estimated Federal cost of
$6,235,000 and an estimated non-Federal cost of $6,121,000.
(15) Brunswick harbor, georgia.--The project for
navigation, Brunswick Harbor, Georgia: Report of the Chief of
Engineers dated October 6, 1998, at a total cost of
$50,717,000, with an estimated Federal cost of $32,966,000
and an estimated non-Federal cost of $17,751,000.
(16) Beargrass creek, kentucky.--The project for flood
damage reduction, Beargrass Creek, Kentucky: Report of the
Chief of Engineers dated May 12, 1998, at a total cost of
$11,172,000, with an estimated Federal cost of $7,262,000 and
an estimated non-Federal cost of $3,910,000.
(17) Amite river and tributaries, louisiana, east baton
rouge parish watershed.--The project for flood damage
reduction and recreation, Amite River and Tributaries,
Louisiana, East Baton Rouge Parish Watershed: Report of the
Chief of Engineers, dated December 23, 1996, at a total cost
of $112,900,000, with an estimated Federal cost of
$73,400,000 and an estimated non-Federal cost of $39,500,000.
(18) Baltimore harbor anchorages and channels, maryland and
virginia.--The project for navigation, Baltimore Harbor
Anchorages and Channels, Maryland and Virginia: Report of the
Chief of Engineers, dated June 8, 1998, at a total cost of
$28,430,000, with an estimated Federal cost of $19,000,000
and an estimated non-Federal cost of $9,430,000.
(19) Red lake river at crookston, minnesota.--The project
for flood damage reduction, Red Lake River at Crookston,
Minnesota: Report of the Chief of Engineers, dated April 20,
1998, at a total cost of $8,950,000, with an estimated
Federal cost of $5,720,000 and an estimated non-Federal cost
of $3,230,000.
(20) New jersey shore protection, townsends inlet to cape
may inlet, new jersey.--
(A) In general.--The project for hurricane and storm damage
reduction, ecosystem restoration, and shore protection, New
Jersey coastline, Townsends Inlet to Cape May Inlet, New
Jersey: Report of the Chief of Engineers dated September 28,
1998, at a total cost of $56,503,000, with an estimated
Federal cost of $36,727,000 and an estimated non-Federal cost
of $19,776,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $2,000,000, with an estimated annual Federal
cost of $1,300,000 and an estimated annual non-Federal cost
of $700,000.
(21) Park river, north dakota.--
(A) In general.--Subject to the condition stated in
subparagraph (B), the project for flood control, Park River,
Grafton, North Dakota, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4121) and
deauthorized under section 1001(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 579a), at a total cost of
$28,100,000, with an estimated Federal cost of $18,265,000
and an estimated non-Federal cost of $9,835,000.
(B) Condition.--No construction may be initiated unless the
Secretary determines through a general reevaluation report
using current data, that the project is technically sound,
environmentally acceptable, and economically justified.
(22) Salt creek, graham, texas.--The project for flood
control, environmental restoration, and recreation, Salt
Creek, Graham, Texas: Report of the Chief of Engineers dated
October 6, 1998, at a total cost of $10,080,000, with an
estimated Federal cost of $6,560,000 and an estimated non-
Federal cost of $3,520,000.
(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 as approved by the Secretary, if the
report of the Chief is completed not later than December 31,
1999:
(1) Nome harbor improvements, alaska.--The project for
navigation, Nome Harbor Improvements, Alaska, at a total cost
of $24,608,000, with an estimated first Federal cost of
$19,660,000 and an estimated first non-Federal cost of
$4,948,000.
(2) Seward harbor, alaska.--The project for navigation,
Seward Harbor, Alaska, at a total cost of $12,240,000, with
an estimated first Federal cost of $4,364,000 and an
estimated first non-Federal cost of $7,876,000.
(3) Hamilton airfield wetland restoration, california.--The
project for environmental restoration at Hamilton Airfield,
California, at a total cost of $55,200,000, with an estimated
Federal cost of $41,400,000 and an estimated non-Federal cost
of $13,800,000.
(4) Oakland, california.--
(A) In general.--The project for navigation and
environmental restoration, Oakland, California, at a total
cost of $214,340,000, with an estimated Federal cost of
$143,450,000 and an estimated non-Federal cost of
$70,890,000.
(B) Berthing areas and other local service facilities.--The
non-Federal interests shall provide berthing areas and other
local service facilities necessary for the project at an
estimated cost of $42,310,000.
(5) Delaware bay coastline: delaware and new jersey-
roosevelt inlet-lewes beach, delaware.--
(A) In general.--The project for navigation mitigation,
shore protection, and hurricane and storm damage reduction,
Delaware Bay coastline: Delaware and New Jersey-Roosevelt
Inlet-Lewes Beach, Delaware, at a total cost of $3,393,000,
with an estimated Federal cost of $2,620,000 and an estimated
non-Federal cost of $773,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $196,000, with an estimated annual Federal
cost of $152,000 and an estimated annual non-Federal cost of
$44,000.
(6) Delaware coast from cape henelopen to fenwick island,
bethany beach/south bethany beach, delaware.--
(A) In general.--The project for hurricane and storm damage
reduction and shore protection, Delaware Coast from Cape
Henelopen to Fenwick Island, Bethany Beach/South Bethany
Beach, Delaware, at a total cost of $22,205,000, with an
estimated Federal cost of $14,433,000 and an estimated non-
Federal cost of $7,772,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $1,584,000, with an estimated annual Federal
cost of $1,030,000 and an estimated annual non-Federal cost
of $554,000.
(7) Jacksonville harbor, florida.--The project for
navigation, Jacksonville Harbor, Florida, at a total cost of
$26,116,000, with an estimated Federal cost of $9,129,000 and
an estimated non-Federal cost of $16,987,000.
(8) Little talbot island, duval county, florida.--The
project for hurricane and storm damage prevention and shore
protection, Little Talbot Island, Duval County, Florida, at a
total cost of $5,915,000, with an estimated Federal cost of
$3,839,000 and an estimated non-Federal cost of $2,076,000.
(9) Ponce de leon inlet, volusia county, florida.--The
project for navigation and recreation, Ponce de Leon Inlet,
Volusia County, Florida, at a total cost of $5,454,000, with
an estimated Federal cost of $2,988,000 and an estimated non-
Federal cost of $2,466,000.
[[Page S2119]]
(10) Savannah harbor expansion, georgia.--
(A) In general.--Subject to subparagraph (B), the Secretary
may carry out the project for navigation, Savannah Harbor
expansion, Georgia, substantially in accordance with the
plans, and subject to the conditions, recommended in a final
report of the Chief of Engineers, with such modifications as
the Secretary deems appropriate, at a total cost of
$230,174,000 (of which amount a portion is authorized for
implementation of the mitigation plan), with an estimated
Federal cost of $145,160,000 and an estimated non-Federal
cost of $85,014,000.
(B) Conditions.--The project authorized by subparagraph (A)
may be carried out only after--
(i) the Secretary, in consultation with affected Federal,
State, regional, and local entities, has reviewed and
approved an Environmental Impact Statement that includes--
(I) an analysis of the impacts of project depth
alternatives ranging from 42 feet through 48 feet; and
(II) a selected plan for navigation and associated
mitigation plan as required by section 906(a) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283); and
(ii) the Secretary of the Interior, the Secretary of
Commerce, and the Administrator of the Environmental
Protection Agency, with the Secretary, have approved the
selected plan and have determined that the mitigation plan
adequately addresses the potential environmental impacts of
the project.
(C) Mitigation requirements.--The mitigation plan shall be
implemented in advance of or concurrently with construction
of the project.
(11) Turkey creek basin, kansas city, missouri and kansas
city, kansas.--The project for flood damage reduction, Turkey
Creek Basin, Kansas City, Missouri, and Kansas City, Kansas,
at a total cost of $42,875,000 with an estimated Federal cost
of $25,596,000 and an estimated non-Federal cost of
$17,279,000.
(12) Lower cape may meadows, cape may point, new jersey.--
(A) In general.--The project for navigation mitigation,
ecosystem restoration, shore protection, and hurricane and
storm damage reduction, Lower Cape May Meadows, Cape May
Point, New Jersey, at a total cost of $15,952,000, with an
estimated Federal cost of $12,118,000 and an estimated non-
Federal cost of $3,834,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $1,114,000, with an estimated annual Federal
cost of $897,000 and an estimated annual non-Federal cost of
$217,000.
(13) New jersey shore protection, brigantine inlet to great
egg harbor, brigantine island, new jersey.--
(A) In general.--The project for hurricane and storm damage
reduction and shore protection, New Jersey Shore protection,
Brigantine Inlet to Great Egg Harbor, Brigantine Island, New
Jersey, at a total cost of $4,970,000, with an estimated
Federal cost of $3,230,000 and an estimated non-Federal cost
of $1,740,000.
(B) Periodic nourishment.--Periodic nourishment is
authorized for a 50-year period at an estimated average
annual cost of $465,000, with an estimated annual Federal
cost of $302,000 and an estimated annual non-Federal cost of
$163,000.
(14) Memphis harbor, memphis, tennessee.--
(A) In general.--Subject to subparagraph (B), the project
for navigation, Memphis Harbor, Memphis, Tennessee,
authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4145) and deauthorized
under section 1001(a) of that Act (33 U.S.C. 579a(a)) is
authorized to be carried out by the Secretary.
(B) Condition.--No construction may be initiated unless the
Secretary determines through a general reevaluation report
using current data, that the project is technically sound,
environmentally acceptable, and economically justified.
(15) Howard hanson dam, washington.--The project for water
supply and ecosystem restoration, Howard Hanson Dam,
Washington, at a total cost of $75,600,000, with an estimated
Federal cost of $36,900,000 and an estimated non-Federal cost
of $38,700,000.
SEC. 102. PROJECT MODIFICATIONS.
(a) Projects With Reports.--
(1) San lorenzo river, california.--The project for flood
control, San Lorenzo River, California, authorized by section
101(a)(5) of the Water Resources Development Act of 1996 (110
Stat. 3663), is modified to authorize the Secretary to
include as a part of the project streambank erosion control
measures to be undertaken substantially in accordance with
the report entitled ``Bank Stabilization Concept, Laurel
Street Extension'', dated April 23, 1998, at a total cost of
$4,000,000, with an estimated Federal cost of $2,600,000 and
an estimated non-Federal cost of $1,400,000.
(2) Wood river, grand island, nebraska.--The project for
flood control, Wood River, Grand Island, Nebraska, authorized
by section 101(a)(19) of the Water Resources Development Act
of 1996 (110 Stat. 3665) is modified to authorize the
Secretary to construct the project in accordance with the
Corps of Engineers report dated June 29, 1998, at a total
cost of $17,039,000, with an estimated Federal cost of
$9,730,000 and an estimated non-Federal cost of $7,309,000.
(3) Absecon island, new jersey.--The project for Absecon
Island, New Jersey, authorized by section 101(b)(13) of the
Water Resources Development Act of 1996 (110 Stat. 3668) is
amended to authorize the Secretary to reimburse the non-
Federal interests for all work performed, consistent with the
authorized project.
(4) Arthur kill, new york and new jersey.--
(A) In general.--The project for navigation, Arthur Kill,
New York and New Jersey, authorized by section 202(b) of the
Water Resources Development Act of 1986 (100 Stat. 4098) and
modified by section 301(b)(11) of the Water Resources
Development Act of 1996 (110 Stat. 3711), is further modified
to authorize the Secretary to construct the project at a
total cost of $276,800,000, with an estimated Federal cost of
$183,200,000 and an estimated non-Federal cost of
$93,600,000.
(B) Berthing areas and other local service facilities.--The
non-Federal interests shall provide berthing areas and other
local service facilities necessary for the project at an
estimated cost of $38,900,000.
(5) Waurika lake, oklahoma, water conveyance facilities.--
The requirement for the Waurika Project Master Conservancy
District to repay the $2,900,000 in costs (including
interest) resulting from the October 1991 settlement of the
claim of the Travelers Insurance Company before the United
States Claims Court related to construction of the water
conveyance facilities authorized by the first section of
Public Law 88-253 (77 Stat. 841) is waived.
(b) Projects Subject to Reports.--The following projects
are modified as follows, except that no funds may be
obligated to carry out work under such modifications until
completion of a final report by the Chief of Engineers, as
approved by the Secretary, finding that such work is
technically sound, environmentally acceptable, and
economically justified, as applicable:
(1) Thornton reservoir, cook county, illinois.--
(A) In general.--The Thornton Reservoir project, an element
of the project for flood control, Chicagoland Underflow Plan,
Illinois, authorized by section 3(a)(5) of the Water
Resources Development Act of 1988 (102 Stat. 4013), is
modified to authorize the Secretary to include additional
permanent flood control storage attributable to the Thorn
Creek Reservoir project, Little Calumet River Watershed,
Illinois, approved under the Watershed Protection and Flood
Prevention Act (16 U.S.C. 1001 et seq.).
(B) Cost sharing.--Costs for the Thornton Reservoir project
shall be shared in accordance with section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213).
(C) Transitional storage.--The Secretary of Agriculture may
cooperate with non-Federal interests to provide, on a
transitional basis, flood control storage for the Thorn Creek
Reservoir project in the west lobe of the Thornton quarry.
(D) Crediting.--The Secretary may credit against the non-
Federal share of the Thornton Reservoir project all design
and construction costs incurred by the non-Federal interests
before the date of enactment of this Act.
(E) Reevaluation report.--The Secretary shall determine the
credits authorized by subparagraph (D) that are integral to
the Thornton Reservoir project and the current total project
costs based on a limited reevaluation report.
(2) Wells harbor, wells, maine.--
(A) In general.--The project for navigation, Wells Harbor,
Maine, authorized by section 101 of the River and Harbor Act
of 1960 (74 Stat. 480), is modified to authorize the
Secretary to realign the channel and anchorage areas based on
a harbor design capacity of 150 craft.
(B) Deauthorization of certain portions.--The following
portions of the project are not authorized after the date of
enactment of this Act:
(i) The portion of the 6-foot channel the boundaries of
which begin at a point with coordinates N177,992.00,
E394,831.00, thence running south 83 degrees 58 minutes 14.8
seconds west 10.38 feet to a point N177,990.91, E394,820.68,
thence running south 11 degrees 46 minutes 47.7 seconds west
991.76 feet to a point N177,020.04, E394,618.21, thence
running south 78 degrees 13 minutes 45.7 seconds east 10.00
feet to a point N177,018.00, E394,628.00, thence running
north 11 degrees 46 minutes 22.8 seconds east 994.93 feet to
the point of origin.
(ii) The portion of the 6-foot anchorage the boundaries of
which begin at a point with coordinates N177,778.07,
E394,336.96, thence running south 51 degrees 58 minutes 32.7
seconds west 15.49 feet to a point N177,768.53, E394,324.76,
thence running south 11 degrees 46 minutes 26.5 seconds west
672.87 feet to a point N177,109.82, E394,187.46, thence
running south 78 degrees 13 minutes 45.7 seconds east 10.00
feet to a point N177,107.78, E394,197.25, thence running
north 11 degrees 46 minutes 25.4 seconds east 684.70 feet to
the point of origin.
(iii) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,107.78, E394,197.25, thence running north 78 degrees 13
minutes 45.7 seconds west 10.00 feet to a point N177,109.82,
E394,187.46, thence running south 11 degrees 46 minutes 15.7
seconds west 300.00 feet to a point N176,816.13, E394,126.26,
thence running south 78 degrees 12 minutes 21.4 seconds east
9.98 feet to a point N176,814.09, E394,136.03, thence running
north
[[Page S2120]]
11 degrees 46 minutes 29.1 seconds east 300.00 feet to the
point of origin.
(iv) The portion of the 10-foot settling basin the
boundaries of which begin at a point with coordinates
N177,018.00, E394,628.00, thence running north 78 degrees 13
minutes 45.7 seconds west 10.00 feet to a point N177,020.04,
E394,618.21, thence running south 11 degrees 46 minutes 44.0
seconds west 300.00 feet to a point N176,726.36, E394,556.97,
thence running south 78 degrees 12 minutes 30.3 seconds east
10.03 feet to a point N176,724.31, E394,566.79, thence
running north 11 degrees 46 minutes 22.4 seconds east 300.00
feet to the point of origin.
(C) Redesignations.--The following portions of the project
shall be redesignated as part of the 6-foot anchorage:
(i) The portion of the 6-foot channel the boundaries of
which begin at a point with coordinates N177,990.91,
E394,820.68, thence running south 83 degrees 58 minutes 40.8
seconds west 94.65 feet to a point N177,980.98, E394,726.55,
thence running south 11 degrees 46 minutes 22.4 seconds west
962.83 feet to a point N177,038.40, E394,530.10, thence
running south 78 degrees 13 minutes 45.7 seconds east 90.00
feet to a point N177,020.04, E394,618.21, thence running
north 11 degrees 46 minutes 47.7 seconds east 991.76 feet to
the point of origin.
(ii) The portion of the 10-foot inner harbor settling basin
the boundaries of which begin at a point with coordinates
N177,020.04, E394,618.21, thence running north 78 degrees 13
minutes 30.5 seconds west 160.00 feet to a point N177,052.69,
E394,461.58, thence running south 11 degrees 46 minutes 45.4
seconds west 299.99 feet to a point N176,759.02, E394,400.34,
thence running south 78 degrees 13 minutes 17.9 seconds east
160 feet to a point N176,726.36, E394,556.97, thence running
north 11 degrees 46 minutes 44.0 seconds east 300.00 feet to
the point of origin.
(iii) The portion of the 6-foot anchorage the boundaries of
which begin at a point with coordinates N178,102.26,
E394,751.83, thence running south 51 degrees 59 minutes 42.1
seconds west 526.51 feet to a point N177,778.07, E394,336.96,
thence running south 11 degrees 46 minutes 26.6 seconds west
511.83 feet to a point N177,277.01, E394,232.52, thence
running south 78 degrees 13 minutes 17.9 seconds east 80.00
feet to a point N177,260.68, E394,310.84, thence running
north 11 degrees 46 minutes 24.8 seconds east 482.54 feet to
a point N177,733.07, E394,409.30, thence running north 51
degrees 59 minutes 41.0 seconds east 402.63 feet to a point
N177,980.98, E394,726.55, thence running north 11 degrees 46
minutes 27.6 seconds east 123.89 feet to the point of origin.
(D) Realignment.--The 6-foot anchorage area described in
subparagraph (C)(iii) shall be realigned to include the area
located south of the inner harbor settling basin in existence
on the date of enactment of this Act beginning at a point
with coordinates N176,726.36, E394,556.97, thence running
north 78 degrees 13 minutes 17.9 seconds west 160.00 feet to
a point N176,759.02, E394,400.34, thence running south 11
degrees 47 minutes 03.8 seconds west 45 feet to a point
N176,714.97, E394,391.15, thence running south 78 degrees 13
minutes 17.9 seconds 160.00 feet to a point N176,682.31,
E394,547.78, thence running north 11 degrees 47 minutes 03.8
seconds east 45 feet to the point of origin.
(E) Relocation.--The Secretary may relocate the settling
basin feature of the project to the outer harbor between the
jetties.
(3) New york harbor and adjacent channels, port jersey, new
jersey.--The project for navigation, New York Harbor and
Adjacent Channels, Port Jersey, New Jersey, authorized by
section 202(b) of the Water Resources Development Act of 1986
(100 Stat. 4098), is modified to authorize the Secretary to
construct the project at a total cost of $103,267,000, with
an estimated Federal cost of $76,909,000 and an estimated
non-Federal cost of $26,358,000.
(c) Beaver Lake, Arkansas, Water Supply Storage
Reallocation.--The Secretary shall reallocate approximately
31,000 additional acre-feet at Beaver Lake, Arkansas, to
water supply storage at no cost to the Beaver Water District
or the Carroll-Boone Water District, except that at no time
shall the bottom of the conservation pool be at an elevation
that is less than 1,076 feet, NGVD.
(d) Tolchester Channel S-Turn, Baltimore, Maryland.--The
project for navigation, Baltimore Harbor and Channels,
Maryland, authorized by section 101 of the River and Harbor
Act of 1958 (72 Stat. 297), is modified to direct the
Secretary to straighten the Tolchester Channel S-turn as part
of project maintenance.
(e) Tropicana Wash and Flamingo Wash, Nevada.--Any Federal
costs associated with the Tropicana and Flamingo Washes,
Nevada, authorized by section 101(13) of the Water Resources
Development Act of 1992 (106 Stat. 4803), incurred by the
non-Federal interest to accelerate or modify construction of
the project, in cooperation with the Corps of Engineers,
shall be considered to be eligible for reimbursement by the
Secretary.
(f) Rediversion Project, Cooper River, Charleston Harbor,
South Carolina.--
(1) In general.--The rediversion project, Cooper River,
Charleston Harbor, South Carolina, authorized by section 101
of the River and Harbor Act of 1968 (82 Stat. 731) and
modified by title I of the Energy and Water Development
Appropriations Act, 1992 (105 Stat. 517), is modified to
authorize the Secretary to pay the State of South Carolina
not more than $3,750,000, if the State enters into an
agreement with the Secretary providing that the State shall
perform all future operation of the St. Stephen, South
Carolina, fish lift (including associated studies to assess
the efficacy of the fish lift).
(2) Contents.--The agreement shall specify the terms and
conditions under which payment will be made and the rights
of, and remedies available to, the Secretary to recover all
or a portion of the payment if the State suspends or
terminates operation of the fish lift or fails to perform the
operation in a manner satisfactory to the Secretary.
(3) Maintenance.--Maintenance of the fish lift shall remain
a Federal responsibility.
(g) Trinity River and Tributaries, Texas.--The project for
flood control and navigation, Trinity River and tributaries,
Texas, authorized by section 301 of the River and Harbor Act
of 1965 (79 Stat. 1091), is modified to add environmental
restoration as a project purpose.
(h) Beach Erosion Control and Hurricane Protection,
Virginia Beach, Virginia.--
(1) Acceptance of funds.--In any fiscal year that the Corps
of Engineers does not receive appropriations sufficient to
meet expected project expenditures for that year, the
Secretary shall accept from the city of Virginia Beach,
Virginia, for purposes of the project for beach erosion
control and hurricane protection, Virginia Beach, Virginia,
authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4136), such funds as the
city may advance for the project.
(2) Repayment.--Subject to the availability of
appropriations, the Secretary shall repay, without interest,
the amount of any advance made under paragraph (1), from
appropriations that may be provided by Congress for river and
harbor, flood control, shore protection, and related
projects.
(i) Elizabeth River, Chesapeake, Virginia.--Notwithstanding
any other provision of law, after the date of enactment of
this Act, the city of Chesapeake, Virginia, shall not be
obligated to make the annual cash contribution required under
paragraph 1(9) of the Local Cooperation Agreement dated
December 12, 1978, between the Government and the city for
the project for navigation, southern branch of Elizabeth
River, Chesapeake, Virginia.
(j) Payment Option, Moorefield, West Virginia.--The
Secretary may permit the non-Federal interests for the
project for flood control, Moorefield, West Virginia, to pay
without interest the remaining non-Federal cost over a period
not to exceed 30 years, to be determined by the Secretary.
(k) Miami Dade Agricultural and Rural Land Retention Plan
and South Biscayne, Florida.--Section 528(b)(3) of the Water
Resources Development Act of 1996 (110 Stat. 3768) is amended
by adding at the end the following:
``(D) Credit and reimbursement of past and future
activities.--The Secretary may afford credit to or reimburse
the non-Federal sponsors (using funds authorized by
subparagraph (C)) for the reasonable costs of any work that
has been performed or will be performed in connection with a
study or activity meeting the requirements of subparagraph
(A) if--
``(i) the Secretary determines that--
``(I) the work performed by the non-Federal sponsors will
substantially expedite completion of a critical restoration
project; and
``(II) the work is necessary for a critical restoration
project; and
``(ii) the credit or reimbursement is granted pursuant to a
project-specific agreement that prescribes the terms and
conditions of the credit or reimbursement.''.
(l) Lake Michigan, Illinois.--
(1) In general.--The project for storm damage reduction and
shoreline protection, Lake Michigan, Illinois, from Wilmette,
Illinois, to the Illinois-Indiana State line, authorized by
section 101(a)(12) of the Water Resources Development Act of
1996 (110 Stat. 3664), is modified to provide for
reimbursement for additional project work undertaken by the
non-Federal interest.
(2) Credit or reimbursement.--The Secretary shall credit or
reimburse the non-Federal interest for the Federal share of
project costs incurred by the non-Federal interest in
designing, constructing, or reconstructing reach 2F (700 feet
south of Fullerton Avenue and 500 feet north of Fullerton
Avenue), reach 3M (Meigs Field), and segments 7 and 8 of
reach 4 (43rd Street to 57th Street), if the non-Federal
interest carries out the work in accordance with plans
approved by the Secretary, at an estimated total cost of
$83,300,000.
(3) Reimbursement.--The Secretary shall reimburse the non-
Federal interest for the Federal share of project costs
incurred by the non-Federal interest in reconstructing the
revetment structures protecting Solidarity Drive in Chicago,
Illinois, before the signing of the project cooperation
agreement, at an estimated total cost of $7,600,000.
(m) Measurements of Lake Michigan Diversions, Illinois.--
Section 1142(b) of the Water Resources Development Act of
1986 (100 Stat. 4253) is amended by striking ``$250,000 per
fiscal year for each fiscal year beginning after September
30, 1986'' and inserting ``a total of $1,250,000 for each of
fiscal years 1999 through 2003''.
(n) Project for Navigation, Dubuque, Iowa.--The project for
navigation at Dubuque, Iowa, authorized by section 101 of the
River and Harbor Act of 1960 (74 Stat. 482), is modified to
authorize the development of a
[[Page S2121]]
wetland demonstration area of approximately 1.5 acres to be
developed and operated by the Dubuque County Historical
Society or a successor nonprofit organization.
(o) Louisiana State Penitentiary Levee.--The Secretary may
credit against the non-Federal share work performed in the
project area of the Louisiana State Penitentiary Levee,
Mississippi River, Louisiana, authorized by section 401(a) of
the Water Resources Development Act of 1986 (100 Stat. 4117).
(p) Jackson County, Mississippi.--The project for
environmental infrastructure, Jackson County, Mississippi,
authorized by section 219(c)(5) of the Water Resources
Development Act of 1992 (106 Stat. 4835) and modified by
section 504 of the Water Resources Development Act of 1996
(110 Stat. 3757), is modified to direct the Secretary to
provide a credit, not to exceed $5,000,000, against the non-
Federal share of the cost of the project for the costs
incurred by the Jackson County Board of Supervisors since
February 8, 1994, in constructing the project, if the
Secretary determines that such costs are for work that the
Secretary determines was compatible with and integral to the
project.
(q) Richard B. Russell Dam and Lake, South Carolina.--
(1) In general.--Except as otherwise provided in this
paragraph, the Secretary shall convey to the State of South
Carolina all right, title, and interest of the United States
in the parcels of land described in subparagraph (B) that are
currently being managed by the South Carolina Department of
Natural Resources for fish and wildlife mitigation purposes
for the Richard B. Russell Dam and Lake, South Carolina,
project authorized by the Flood Control Act of 1966 and
modified by the Water Resources Development Act of 1986.
(2) Land description.--
(A) In general.--The parcels of land to be conveyed are
described in Exhibits A, F, and H of Army Lease No. DACW21-1-
93-0910 and associated supplemental agreements or are
designated in red in Exhibit A of Army License No. DACW21-3-
85-1904, excluding all designated parcels in the license that
are below elevation 346 feet mean sea level or that are less
than 300 feet measured horizontally from the top of the power
pool.
(B) Management of excluded parcels.--Management of the
excluded parcels shall continue in accordance with the terms
of Army License No. DACW21-3-85-1904 until the Secretary and
the State enter into an agreement under subparagraph (F).
(C) Survey.--The exact acreage and legal description of the
land shall be determined by a survey satisfactory to the
Secretary, with the cost of the survey borne by the State.
(3) Costs of conveyance.--The State shall be responsible
for all costs, including real estate transaction and
environmental compliance costs, associated with the
conveyance.
(4) Perpetual status.--
(A) In general.--All land conveyed under this paragraph
shall be retained in public ownership and shall be managed in
perpetuity for fish and wildlife mitigation purposes in
accordance with a plan approved by the Secretary.
(B) Reversion.--If any parcel of land is not managed for
fish and wildlife mitigation purposes in accordance with the
plan, title to the parcel shall revert to the United States.
(5) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance as the Secretary considers appropriate to
protect the interests of the United States.
(6) Fish and wildlife mitigation agreement.--
(A) In general.--The Secretary may pay the State of South
Carolina not more than $4,850,000 subject to the Secretary
and the State entering into a binding agreement for the State
to manage for fish and wildlife mitigation purposes in
perpetuity the lands conveyed under this paragraph and
excluded parcels designated in Exhibit A of Army License No.
DACW21-3-85-1904.
(B) Failure of performance.--The agreement shall specify
the terms and conditions under which payment will be made and
the rights of, and remedies available to, the Federal
Government to recover all or a portion of the payment if the
State fails to manage any parcel in a manner satisfactory to
the Secretary.
(r) Land Conveyance, Clarkston, Washington.--
(1) In general.--The Secretary shall convey to the Port of
Clarkston, Washington, all right, title, and interest of the
United States in and to a portion of the land described in
the Department of the Army lease No. DACW68-1-97-22,
consisting of approximately 31 acres, the exact boundaries of
which shall be determined by the Secretary and the Port of
Clarkston.
(2) Additional land.--The Secretary may convey to the Port
of Clarkston, Washington, at fair market value as determined
by the Secretary, such additional land located in the
vicinity of Clarkston, Washington, as the Secretary
determines to be excess to the needs of the Columbia River
Project and appropriate for conveyance.
(3) Terms and conditions.--The conveyances made under
subsections (a) and (b) shall be subject to such terms and
conditions as the Secretary determines to be necessary to
protect the interests of the United States, including a
requirement that the Port of Clarkston pay all administrative
costs associated with the conveyances, including the cost of
land surveys and appraisals and costs associated with
compliance with applicable environmental laws (including
regulations).
(4) Use of land.--The Port of Clarkston shall be required
to pay the fair market value, as determined by the Secretary,
of any land conveyed pursuant to subsection (a) that is not
retained in public ownership or is used for other than public
park or recreation purposes, except that the Secretary shall
have a right of reverter to reclaim possession and title to
any such land.
(s) White River, Indiana.--The project for flood control,
Indianapolis on West Fork of the White River, Indiana,
authorized by section 5 of the Act entitled ``An Act
authorizing the construction of certain public works on
rivers and harbors for flood control, and other purposes'',
approved June 22, 1936 (49 Stat. 1586, chapter 688), as
modified by section 323 of the Water Resources Development
Act of 1996 (110 Stat. 3716), is modified to authorize the
Secretary to undertake the riverfront alterations described
in the Central Indianapolis Waterfront Concept Plan, dated
February 1994, for the Canal Development (Upper Canal
feature) and the Beveridge Paper feature, at a total cost not
to exceed $25,000,000, of which $12,500,000 is the estimated
Federal cost and $12,500,000 is the estimated non-Federal
cost, except that no such alterations may be undertaken
unless the Secretary determines that the alterations
authorized by this subsection, in combination with the
alterations undertaken under section 323 of the Water
Resources Development Act of 1996 (110 Stat. 3716), are
economically justified.
(t) Fox Point Hurricane Barrier, Providence, Rhode
Island.--The project for hurricane-flood protection, Fox
Point, Providence, Rhode Island, authorized by section 203 of
the Flood Control Act of 1958 (72 Stat. 306) is modified to
direct the Secretary to undertake the necessary repairs to
the barrier, as identified in the Condition Survey and
Technical Assessment dated April 1998 with Supplement dated
August 1998, at a total cost of $3,000,000, with an estimated
Federal cost of $1,950,000 and an estimated non-Federal cost
of $1,050,000.
SEC. 103. PROJECT DEAUTHORIZATIONS.
(a) Bridgeport Harbor, Connecticut.--The portion of the
project for navigation, Bridgeport Harbor, Connecticut,
authorized by section 101 of the River and Harbor Act of 1958
(72 Stat. 297), consisting of a 2.4-acre anchorage area 9
feet deep and an adjacent 0.60-acre anchorage area 6 feet
deep, located on the west side of Johnsons River,
Connecticut, is not authorized after the date of enactment of
this Act.
(b) Bass Harbor, Maine.--
(1) Deauthorization.--The portions of the project for
navigation, Bass Harbor, Maine, authorized on May 7, 1962,
under section 107 of the River and Harbor Act of 1960 (33
U.S.C. 577) described in paragraph (2) are not authorized
after the date of enactment of this Act.
(2) Description.--The portions of the project referred to
in paragraph (1) are described as follows:
(A) Beginning at a bend in the project, N149040.00,
E538505.00, thence running easterly about 50.00 feet along
the northern limit of the project to a point, N149061.55,
E538550.11, thence running southerly about 642.08 feet to a
point, N148477.64, E538817.18, thence running southwesterly
about 156.27 feet to a point on the westerly limit of the
project, N148348.50, E538737.02, thence running northerly
about 149.00 feet along the westerly limit of the project to
a bend in the project, N148489.22, E538768.09, thence running
northwesterly about 610.39 feet along the westerly limit of
the project to the point of origin.
(B) Beginning at a point on the westerly limit of the
project, N148118.55, E538689.05, thence running southeasterly
about 91.92 feet to a point, N148041.43, E538739.07, thence
running southerly about 65.00 feet to a point, N147977.86,
E538725.51, thence running southwesterly about 91.92 feet to
a point on the westerly limit of the project, N147927.84,
E538648.39, thence running northerly about 195.00 feet along
the westerly limit of the project to the point of origin.
(c) Boothbay Harbor, Maine.--The project for navigation,
Boothbay Harbor, Maine, authorized by the Act of July 25,
1912 (37 Stat. 201, chapter 253), is not authorized after the
date of enactment of this Act.
(d) East Boothbay Harbor, Maine.--Section 364 of the Water
Resources Development Act of 1996 (110 Stat. 3731) is amended
by striking paragraph (9) and inserting the following:
``(9) East boothbay harbor, maine.--The project for
navigation, East Boothbay Harbor, Maine, authorized by the
first section of the Act entitled `An Act making
appropriations for the construction, repair, and preservation
of certain public works on rivers and harbors, and for other
purposes', approved June 25, 1910 (36 Stat. 657).''.
SEC. 104. STUDIES.
(a) Caddo Levee, Red River Below Denison Dam, Arizona,
Louisiana, Oklahoma, and Texas.--The Secretary shall conduct
a study to determine the feasibility of undertaking a project
for flood control, Caddo Levee, Red River Below Denison Dam,
Arizona, Louisiana, Oklahoma, and Texas, including
incorporating the existing levee, along Twelve Mile Bayou
from its juncture with the existing Red River Below Denison
Dam Levee approximately 26 miles upstream
[[Page S2122]]
to its terminus at high ground in the vicinity of Black
Bayou, Louisiana.
(b) Fields Landing Channel, Humboldt Harbor, California.--
The Secretary--
(1) shall conduct a study for the project for navigation,
Fields Landing Channel, Humboldt Harbor and Bay, California,
to a depth of minus 35 feet (MLLW), and for that purpose may
use any feasibility report prepared by the non-Federal
sponsor under section 203 of the Water Resources Development
Act of 1986 (33 U.S.C. 2231) for which reimbursement of the
Federal share of the study is authorized subject to the
availability of appropriations; and
(2) may carry out the project under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577), if the
Secretary determines that the project is feasible.
(c) Strawberry Creek, Berkeley, California.--The Secretary
shall conduct a study to determine the feasibility of
restoring Strawberry Creek, Berkeley, California, and the
Federal interest in environmental restoration, conservation
of fish and wildlife resources, recreation, and water
quality.
(d) West Side Storm Water Retention Facility, City of
Lancaster, California.--The Secretary shall conduct a study
to determine the feasibility of undertaking measures to
construct the West Side Storm Water Retention Facility in the
city of Lancaster, California.
(e) Apalachicola River, Florida.--The Secretary shall
conduct a study for the purpose of identifying--
(1) alternatives for the management of material dredged in
connection with operation and maintenance of the Apalachicola
River Navigation Project; and
(2) alternatives that reduce the requirements for such
dredging.
(f) Broward County, Sand Bypassing at Port Everglades,
Florida.--The Secretary shall conduct a study to determine
the feasibility of constructing a sand bypassing project at
the Port Everglades Inlet, Florida.
(g) City of Destin-Noriega Point Breakwater, Florida.--The
Secretary shall conduct a study to determine the feasibility
of--
(1) restoring Noriega Point, Florida, to serve as a
breakwater for Destin Harbor; and
(2) including Noriega Point as part of the East Pass,
Florida, navigation project.
(h) Gateway Triangle Redevelopment Area, Florida.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of undertaking measures to reduce
the flooding problems in the vicinity of Gateway Triangle
Redevelopment Area, Florida.
(2) Studies and reports.--The study shall include a review
and consideration of studies and reports completed by the
non-Federal interests.
(i) City of Plant City, Florida.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of a flood control project in the
city of Plant City, Florida.
(2) Studies and reports.--In conducting the study, the
Secretary shall review and consider studies and reports
completed by the non-Federal interests.
(j) Goose Creek Watershed, Oakley, Idaho.--The Secretary
shall conduct a study to determine the feasibility of
undertaking flood damage reduction, water conservation,
ground water recharge, ecosystem restoration, and related
purposes along the Goose Creek watershed near Oakley, Idaho.
(k) Acadiana Navigation Channel, Louisiana.--The Secretary
shall conduct a study to determine the feasibility of
assuming operations and maintenance for the Acadiana
Navigation Channel located in Iberia and Vermillion Parishes,
Louisiana.
(l) Cameron Parish West of Calcasieu River, Louisiana.--The
Secretary shall conduct a study to determine the feasibility
of a storm damage reduction and ecosystem restoration project
for Cameron Parish west of Calcasieu River, Louisiana.
(m) Beneficial Use of Dredged Material, Coastal
Louisiana.--The Secretary shall conduct a study to determine
the feasibility of using dredged material from maintenance
activities at Federal navigation projects in coastal
Louisiana to benefit coastal areas in the State.
(n) Contraband Bayou Navigation Channel, Louisiana.--The
Secretary shall conduct a study to determine the feasibility
of assuming the maintenance at Contraband Bayou, Calcasieu
River Ship Canal, Louisiana.
(o) Golden Meadow Lock, Louisiana.--The Secretary shall
conduct a study to determine the feasibility of converting
the Golden Meadow floodgate into a navigation lock to be
included in the Larose to Golden Meadow Hurricane Protection
Project, Louisiana.
(p) Gulf Intracoastal Waterway Ecosystem Protection, Chef
Menteur to Sabine River, Louisiana.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of undertaking ecosystem
restoration and protection measures along the Gulf
Intracoastal Waterway from Chef Menteur to Sabine River,
Louisiana.
(2) Matters to be addressed.--The study shall address
saltwater intrusion, tidal scour, erosion, and other water
resources related problems in that area.
(q) Lake Pontchartrain, Louisiana, and Vicinity, St.
Charles Parish Pumps.--The Secretary shall conduct a study to
determine the feasibility of modifying the Lake Pontchartrain
Hurricane Protection Project to include the St. Charles
Parish Pumps and the modification of the seawall fronting
protection along Lake Pontchartrain in Orleans Parish, from
New Basin Canal on the west to the Inner Harbor Navigation
Canal on the east.
(r) Lake Pontchartrain and Vicinity Seawall Restoration,
Louisiana.--The Secretary shall conduct a study to determine
the feasibility of undertaking structural modifications of
that portion of the seawall fronting protection along the
south shore of Lake Pontchartrain in Orleans Parish,
Louisiana, extending approximately 5 miles from the new basin
Canal on the west to the Inner Harbor Navigation Canal on the
east as a part of the Lake Pontchartrain and Vicinity
Hurricane Protection Project, authorized by section 204 of
the Flood Control Act of 1965 (79 Stat. 1077).
(s) Detroit River, Michigan, Greenway Corridor Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of a project for shoreline
protection, frontal erosion, and associated purposes in the
Detroit River shoreline area from the Belle Isle Bridge to
the Ambassador Bridge in Detroit, Michigan.
(2) Potential modifications.--As a part of the study, the
Secretary shall review potential project modifications to any
existing Corps projects within the same area.
(t) St. Clair Shores Flood Control, Michigan.--The
Secretary shall conduct a study to determine the feasibility
of constructing a flood control project at St. Clair Shores,
Michigan.
(u) Woodtick Peninsula, Michigan, and Toledo Harbor,
Ohio.--The Secretary shall conduct a study to determine the
feasibility of utilizing dredged material from Toledo Harbor,
Ohio, to provide erosion reduction, navigation, and ecosystem
restoration at Woodtick Peninsula, Michigan.
(v) Tunica Lake Weir, Mississippi.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of constructing an outlet weir at
Tunica Lake, Tunica County, Mississippi, and Lee County,
Arkansas, for the purpose of stabilizing water levels in the
Lake.
(2) Economic analysis.--In carrying out the study, the
Secretary shall include as a part of the economic analysis
the benefits derived from recreation uses at the Lake and
economic benefits associated with restoration of fish and
wildlife habitat.
(w) Protective Facilities for the St. Louis, Missouri,
Riverfront Area.--
(1) Study.--The Secretary shall conduct a study to
determine the optimal plan to protect facilities that are
located on the Mississippi River riverfront within the
boundaries of St. Louis, Missouri.
(2) Requirements.--In conducting the study, the Secretary
shall--
(A) evaluate alternatives to offer safety and security to
facilities; and
(B) use state-of-the-art techniques to best evaluate the
current situation, probable solutions, and estimated costs.
(3) Report.--Not later than April 15, 1999, the Secretary
shall submit to Congress a report on the results of the
study.
(x) Yellowstone River, Montana.--
(1) Study.--The Secretary shall conduct a comprehensive
study of the Yellowstone River from Gardiner, Montana to the
confluence of the Missouri River to determine the hydrologic,
biological, and socioeconomic cumulative impacts on the
river.
(2) Consultation and coordination.--The Secretary shall
conduct the study in consultation with the United States Fish
and Wildlife Service, the United States Geological Survey,
and the Natural Resources Conservation Service and with the
full participation of the State of Montana and tribal and
local entities, and provide for public participation.
(3) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit a report to
Congress on the results of the study.
(y) Las Vegas Valley, Nevada.--
(1) In general.--The Secretary shall conduct a
comprehensive study of water resources located in the Las
Vegas Valley, Nevada.
(2) Objectives.--The study shall identify problems and
opportunities related to ecosystem restoration, water
quality, particularly the quality of surface runoff, water
supply, and flood control.
(z) Oswego River Basin, New York.--The Secretary shall
conduct a study to determine the feasibility of establishing
a flood forecasting system within the Oswego River basin, New
York.
(aa) Port of New York-New Jersey Navigation Study and
Environmental Restoration Study.--
(1) Navigation study.--The Secretary shall conduct a
comprehensive study of navigation needs at the Port of New
York-New Jersey (including the South Brooklyn Marine and Red
Hook Container Terminals, Staten Island, and adjacent areas)
to address improvements, including deepening of existing
channels to depths of 50 feet or greater, that are required
to provide economically efficient and environmentally sound
navigation to meet current and future requirements.
(2) Environmental restoration study.--The Secretary, acting
through the Chief of Engineers, shall review the report of
the Chief of Engineers on the New York Harbor, printed in the
House Management Plan of the Harbor Estuary Program, and
other pertinent reports concerning the New York Harbor Region
and the Port of New York-New Jersey, to determine the Federal
interest in advancing harbor environmental restoration.
[[Page S2123]]
(3) Report.--The Secretary may use funds from the ongoing
navigation study for New York and New Jersey Harbor to
complete a reconnaissance report for environmental
restoration by December 31, 1999. The navigation study to
deepen New York and New Jersey Harbor shall consider
beneficial use of dredged material.
(bb) Bank Stabilization, Missouri River, North Dakota.--
(1) Study.--
(A) In general.--The Secretary shall conduct a study to
determine the feasibility of bank stabilization on the
Missouri River between the Garrison Dam and Lake Oahe in
North Dakota.
(B) Elements.--In conducting the study, the Secretary shall
study--
(i) options for stabilizing the erosion sites on the banks
of the Missouri River between the Garrison Dam and Lake Oahe
identified in the report developed by the North Dakota State
Water Commission, dated December 1997, including
stabilization through nontraditional measures;
(ii) the cumulative impact of bank stabilization measures
between the Garrison Dam and Lake Oahe on fish and wildlife
habitat and the potential impact of additional stabilization
measures, including the impact of nontraditional
stabilization measures;
(iii) the current and future effects, including economic
and fish and wildlife habitat effects, that bank erosion is
having on creating the delta at the beginning of Lake Oahe;
and
(iv) the impact of taking no additional measures to
stabilize the banks of the Missouri River between the
Garrison Dam and Lake Oahe.
(C) Interested parties.--In conducting the study, the
Secretary shall, to the maximum extent practicable, seek the
participation and views of interested Federal, State, and
local agencies, landowners, conservation organizations, and
other persons.
(D) Report.--
(i) In general.--The Secretary shall report to Congress on
the results of the study not later than 1 year after the date
of enactment of this Act.
(ii) Status.--If the Secretary cannot complete the study
and report to Congress by the day that is 1 year after the
date of enactment of this Act, the Secretary shall, by that
day, report to Congress on the status of the study and
report, including an estimate of the date of completion.
(2) Effect on existing projects.--This subsection does not
preclude the Secretary from establishing or carrying out a
stabilization project that is authorized by law.
(cc) Cleveland Harbor, Cleveland, Ohio.--The Secretary
shall conduct a study to determine the feasibility of
undertaking repairs and related navigation improvements at
Dike 14, Cleveland, Ohio.
(dd) East Lake, Vermillion and Chagrin, Ohio.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of undertaking flood damage
reduction at East Lake, Vermillion and Chagrin, Ohio.
(2) Ice retention structure.--In conducting the study, the
Secretary may consider construction of an ice retention
structure as a potential means of providing flood damage
reduction.
(ee) Toussaint River, Carroll Township, Ohio.--The
Secretary shall conduct a study to determine the feasibility
of undertaking navigation improvements at Toussaint River,
Carroll Township, Ohio.
(ff) Santee Delta Wetland Habitat, South Carolina.--Not
later than 18 months after the date of enactment of this Act,
the Secretary shall complete a comprehensive study of the
ecosystem in the Santee Delta focus area of South Carolina to
determine the feasibility of undertaking measures to enhance
the wetland habitat in the area.
(gg) Waccamaw River, South Carolina.--The Secretary shall
conduct a study to determine the feasibility of a flood
control project for the Waccamaw River in Horry County, South
Carolina.
(hh) Upper Susquehanna-Lackawanna, Pennsylvania, Watershed
Management and Restoration Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of a comprehensive flood plain
management and watershed restoration project for the Upper
Susquehanna-Lackawanna Watershed, Pennsylvania.
(2) Geographic information system.--In conducting the
study, the Secretary shall use a geographic information
system.
(3) Plans.--The study shall formulate plans for
comprehensive flood plain management and environmental
restoration.
(4) Crediting.--Non-Federal interests may receive credit
for in-kind services and materials that contribute to the
study. The Secretary may credit non-Corps Federal assistance
provided to the non-Federal interest toward the non-Federal
share of study costs to the maximum extent authorized by law.
(ii) Niobrara River and Missouri River Sedimentation Study,
South Dakota.--The Secretary shall conduct a study of the
Niobrara River watershed and the operations of Fort Randall
Dam and Gavins Point Dam on the Missouri River to determine
the feasibility of alleviating the bank erosion,
sedimentation, and related problems in the lower Niobrara
River and the Missouri River below Fort Randall Dam.
(jj) Santa Clara River, Utah.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of undertaking measures to
alleviate damage caused by flooding, bank erosion, and
sedimentation along the watershed of the Santa Clara River,
Utah, above the Gunlock Reservoir.
(2) Contents.--The study shall include an analysis of
watershed conditions and water quality, as related to
flooding and bank erosion, along the Santa Clara River in the
vicinity of the town of Gunlock, Utah.
(kk) Agat Small Boat Harbor, Guam.--The Secretary shall
conduct a study to determine the feasibility of undertaking
the repair and reconstruction of Agat Small Boat Harbor,
Guam, including the repair of existing shore protection
measures and construction or a revetment of the breakwater
seawall.
(ll) Apra Harbor Seawall, Guam.--The Secretary shall
conduct a study to determine the feasibility of undertaking
measures to repair, upgrade, and extend the seawall
protecting Apra Harbor, Guam, and to ensure continued access
to the harbor via Route 11B.
(mm) Apra Harbor Fuel Piers, Guam.--The Secretary shall
conduct a study to determine the feasibility of undertaking
measures to upgrade the piers and fuel transmission lines at
the fuel piers in the Apra Harbor, Guam, and measures to
provide for erosion control and protection against storm
damage.
(nn) Maintenance Dredging of Harbor Piers, Guam.--The
Secretary shall conduct a study to determine the feasibility
of Federal maintenance of areas adjacent to piers at harbors
in Guam, including Apra Harbor, Agat Harbor, and Agana
Marina.
(oo) Alternative Water Sources Study.--
(1) In general.--The Administrator of the Environmental
Protection Agency shall conduct a study of the water supply
needs of States that are not currently eligible for
assistance under title XVI of the Reclamation Projects
Authorization and Adjustment Act of 1992 (43 U.S.C. 390h et
seq.).
(2) Requirements.--The study shall--
(A) identify the water supply needs (including potable,
commercial, industrial, recreational and agricultural needs)
of each State described in paragraph (1) through 2020, making
use of such State, regional, and local plans, studies, and
reports as are available;
(B) evaluate the feasibility of various alternative water
source technologies such as reuse and reclamation of
wastewater and stormwater (including indirect potable reuse),
aquifer storage and recovery, and desalination to meet the
anticipated water supply needs of the States; and
(C) assess how alternative water sources technologies can
be utilized to meet the identified needs.
(3) Report.--The Administrator shall report to Congress on
the results of the study not more than 180 days after the
date of enactment of this Act.
TITLE II--GENERAL PROVISIONS
SEC. 201. FLOOD HAZARD MITIGATION AND RIVERINE ECOSYSTEM
RESTORATION PROGRAM.
(a) In General.--
(1) Authorization.--The Secretary may carry out a program
to reduce flood hazards and restore the natural functions and
values of riverine ecosystems throughout the United States.
(2) Studies.--In carrying out the program, the Secretary
shall conduct studies to identify appropriate flood damage
reduction, conservation, and restoration measures and may
design and implement watershed management and restoration
projects.
(3) Participation.--The studies and projects carried out
under the program shall be conducted, to the extent
practicable, with the full participation of the appropriate
Federal agencies, including the Department of Agriculture,
the Federal Emergency Management Agency, the Department of
the Interior, the Environmental Protection Agency, and the
Department of Commerce.
(4) Nonstructural approaches.--The studies and projects
shall, to the extent practicable, emphasize nonstructural
approaches to preventing or reducing flood damages.
(b) Cost-Sharing Requirements.--
(1) Studies.--The cost of studies conducted under
subsection (a) shall be shared in accordance with section 105
of the Water Resources Development Act of 1986 (33 Stat.
2215).
(2) Projects.--The non-Federal interests shall pay 35
percent of the cost of any project carried out under this
section.
(3) In-kind contributions.--The non-Federal interests shall
provide all land, easements, rights-of-way, dredged material
disposal areas, and relocations necessary for the projects.
The value of the land, easements, rights-of-way, dredged
material disposal areas, and relocations shall be credited
toward the payment required under this subsection.
(4) Responsibilities of the non-federal interests.--The
non-Federal interests shall be responsible for all costs
associated with operating, maintaining, replacing, repairing,
and rehabilitating all projects carried out under this
section.
(c) Project Justification.--
(1) In general.--The Secretary may implement a project
under this section if the Secretary determines that the
project--
(A) will significantly reduce potential flood damages;
(B) will improve the quality of the environment; and
[[Page S2124]]
(C) is justified considering all costs and beneficial
outputs of the project.
(2) Selection criteria; policies and procedures.--Not later
than 180 days after the date of enactment of this Act, the
Secretary shall--
(A) develop criteria for selecting and rating the projects
to be carried out as part of the program authorized by this
section; and
(B) establish policies and procedures for carrying out the
studies and projects undertaken under this section.
(d) Reporting Requirement.--The Secretary may not implement
a project under this section until--
(1) the Secretary provides to the Committee on Environment
and Public Works of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a written notification describing the project
and the determinations made under subsection (c); and
(2) a period of 21 calendar days has expired following the
date on which the notification was received by the
Committees.
(e) Priority Areas.--In carrying out this section, the
Secretary shall examine the potential for flood damage
reductions at appropriate locations, including--
(1) Le May, Missouri;
(2) the upper Delaware River basin, New York;
(3) Tillamook County, Oregon;
(4) Providence County, Rhode Island; and
(5) Willamette River basin, Oregon.
(f) Per-Project Limitation.--Not more than $25,000,000 in
Army Civil Works appropriations may be expended on any single
project undertaken under this section.
(g) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
carry out this section $75,000,000 for the period of fiscal
years 2000 and 2001.
(2) Program funding levels.--All studies and projects
undertaken under this authority from Army Civil Works
appropriations shall be fully funded within the program
funding levels provided in this subsection.
SEC. 202. SHORE PROTECTION.
Section 103(d) of the Water Resources Development Act of
1986 (33 U.S.C. 2213(d)) is amended--
(1) by striking ``Costs of constructing'' and inserting the
following:
``(1) Construction.--Costs of constructing''; and
(2) by adding at the end the following:
``(2) Periodic nourishment.--In the case of a project
authorized for construction after December 31, 1999, or for
which a feasibility study is completed after that date, the
non-Federal cost of the periodic nourishment of projects or
measures for shore protection or beach erosion control shall
be 50 percent, except that--
``(A) all costs assigned to benefits to privately owned
shores (where use of such shores is limited to private
interests) or to prevention of losses of private land shall
be borne by non-Federal interests; and
``(B) all costs assigned to the protection of federally
owned shores shall be borne by the United States.''.
SEC. 203. SMALL FLOOD CONTROL AUTHORITY.
Section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s) is amended--
(1) in the first sentence, by striking ``construction of
small projects'' and inserting ``implementation of small
structural and nonstructural projects''; and
(2) in the third sentence, by striking ``$5,000,000'' and
inserting ``$7,000,000''.
SEC. 204. USE OF NON-FEDERAL FUNDS FOR COMPILING AND
DISSEMINATING INFORMATION ON FLOODS AND FLOOD
DAMAGES.
Section 206(b) of the Flood Control Act of 1960 (33 U.S.C.
709a(b)) is amended in the third sentence by inserting before
the period at the end the following: ``, but the Secretary of
the Army may accept funds voluntarily contributed by such
entities for the purpose of expanding the scope of the
services requested by the entities''.
SEC. 205. EVERGLADES AND SOUTH FLORIDA ECOSYSTEM RESTORATION.
Subparagraphs (B) and (C)(i) of section 528(b)(3) of the
Water Resources Development Act of 1996 (110 Stat. 3769) are
amended by striking ``1999'' and inserting ``2000''.
SEC. 206. AQUATIC ECOSYSTEM RESTORATION.
Section 206(c) of the Water Resources Development Act of
1996 (33 U.S.C. 2330(c)) is amended--
(1) by striking ``Construction'' and inserting the
following:
``(1) In general.--Construction''; and
(2) by adding at the end the following:
``(2) Nonprofit entities.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal
interest may include a nonprofit entity, with the consent of
the affected local government.''.
SEC. 207. BENEFICIAL USES OF DREDGED MATERIAL.
Section 204 of the Water Resources Development Act of 1992
(33 U.S.C. 2326) 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
interest may include a nonprofit entity, with the consent of
the affected local government.''.
SEC. 208. VOLUNTARY CONTRIBUTIONS BY STATES AND POLITICAL
SUBDIVISIONS.
Section 5 of the Act of June 22, 1936 (33 U.S.C. 701h), is
amended by inserting ``or environmental restoration'' after
``flood control''.
SEC. 209. RECREATION USER FEES.
(a) Withholding of Amounts.--
(1) In general.--During fiscal years 1999 through 2002, the
Secretary may withhold from the special account established
under section 4(i)(1)(A) of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6a(i)(1)(A)) 100 percent of
the amount of receipts above a baseline of $34,000,000 per
each fiscal year received from fees imposed at recreation
sites under the administrative jurisdiction of the Department
of the Army under section 4(b) of that Act (16 U.S.C. 460l-
6a(b)).
(2) Use.--The amounts withheld shall be retained by the
Secretary and shall be available, without further Act of
appropriation, for expenditure by the Secretary in accordance
with subsection (b).
(3) Availability.--The amounts withheld shall remain
available until September 30, 2005.
(b) Use of Amounts Withheld.--In order to increase the
quality of the visitor experience at public recreational
areas and to enhance the protection of resources, the amounts
withheld under subsection (a) may be used only for--
(1) repair and maintenance projects (including projects
relating to health and safety);
(2) interpretation;
(3) signage;
(4) habitat or facility enhancement;
(5) resource preservation;
(6) annual operation (including fee collection);
(7) maintenance; and
(8) law enforcement related to public use.
(c) Availability.--Each amount withheld by the Secretary
shall be available for expenditure, without further Act of
appropriation, at the specific project from which the amount,
above baseline, is collected.
SEC. 210. WATER RESOURCES DEVELOPMENT STUDIES FOR THE PACIFIC
REGION.
Section 444 of the Water Resources Development Act of 1996
(110 Stat. 3747) is amended by striking ``interest of
navigation'' and inserting ``interests of water resources
development (including navigation, flood damage reduction,
and environmental restoration)''.
SEC. 211. MISSOURI AND MIDDLE MISSISSIPPI RIVERS ENHANCEMENT
PROJECT.
(a) Definitions.--In this section:
(1) Middle mississippi river.--The term ``middle
Mississippi River'' means the reach of the Mississippi River
from the mouth of the Ohio River (river mile 0, upper
Mississippi River) to the mouth of the Missouri River (river
mile 195).
(2) Missouri river.--The term ``Missouri River'' means the
main stem and floodplain of the Missouri River (including
reservoirs) from its confluence with the Mississippi River at
St. Louis, Missouri, to its headwaters near Three Forks,
Montana.
(3) Project.--The term ``project'' means the project
authorized by this section.
(b) Protection and Enhancement Activities.--
(1) Plan.--
(A) Development.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a plan for
a project to protect and enhance fish and wildlife habitat of
the Missouri River and the middle Mississippi River.
(B) Activities.--
(i) In general.--The plan shall provide for such activities
as are necessary to protect and enhance fish and wildlife
habitat without adversely affecting--
(I) the water-related needs of the region surrounding the
Missouri River and the middle Mississippi River, including
flood control, navigation, recreation, and enhancement of
water supply; and
(II) private property rights.
(ii) Required activities.--The plan shall include--
(I) modification and improvement of navigation training
structures to protect and enhance fish and wildlife habitat;
(II) modification and creation of side channels to protect
and enhance fish and wildlife habitat;
(III) restoration and creation of island fish and wildlife
habitat;
(IV) creation of riverine fish and wildlife habitat;
(V) establishment of criteria for prioritizing the type and
sequencing of activities based on cost-effectiveness and
likelihood of success; and
(VI) physical and biological monitoring for evaluating the
success of the project, to be performed by the River Studies
Center of the United States Geological Survey in Columbia,
Missouri.
(2) Implementation of activities.--
(A) In general.--Using funds made available to carry out
this section, the Secretary shall carry out the activities
described in the plan.
(B) Use of existing authority for unconstructed features of
the project.--Using funds made available to the Secretary
under other law, the Secretary shall design and construct any
feature of the project that may be carried out using the
authority of the Secretary to modify an authorized project,
if the Secretary determines that the design and construction
will--
(i) accelerate the completion of activities to protect and
enhance fish and wildlife habitat of the Missouri River or
the middle Mississippi River; and
(ii) be compatible with the project purposes described in
this section.
[[Page S2125]]
(c) Integration of Other Activities.--
(1) In general.--In carrying out the activities described
in subsection (b), the Secretary shall integrate the
activities with other Federal, State, and tribal activities.
(2) New authority.--Nothing in this section confers any new
regulatory authority on any Federal or non-Federal entity
that carries out any activity authorized by this section.
(d) Public Participation.--In developing and carrying out
the plan and the activities described in subsection (b), the
Secretary shall provide for public review and comment in
accordance with applicable Federal law, including--
(1) providing advance notice of meetings;
(2) providing adequate opportunity for public input and
comment;
(3) maintaining appropriate records; and
(4) compiling a record of the proceedings of meetings.
(e) Compliance With Applicable Law.--In carrying out the
activities described in subsections (b) and (c), the
Secretary shall comply with any applicable Federal law,
including the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(f) Cost Sharing.--
(1) Non-federal share.--The non-Federal share of the cost
of the project shall be 35 percent.
(2) Federal share.--The Federal share of the cost of any 1
activity described in subsection (b) shall not exceed
$5,000,000.
(3) Operation and maintenance.--The operation and
maintenance of the project shall be a non-Federal
responsibility.
(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 $30,000,000 for
the period of fiscal years 2000 and 2001.
SEC. 212. OUTER CONTINENTAL SHELF.
(a) Sand, Gravel, and Shell.--Section 8(k)(2)(B) of the
Outer Continental Shelf Lands Act (43 U.S.C. 1337(k)(2)(B))
is amended in the second sentence by inserting before the
period at the end the following: ``or any other non-Federal
interest subject to an agreement entered into under section
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b)''.
(b) Reimbursement for Local Interests.--Any amounts paid by
non-Federal interests for beach erosion control, hurricane
protection, shore protection, or storm damage reduction
projects as a result of an assessment under section 8(k) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1337(k))
shall be fully reimbursed.
SEC. 213. ENVIRONMENTAL DREDGING.
Section 312(f) of the Water Resources Development Act of
1990 (33 U.S.C. 1272(f)) is amended by adding at the end the
following:
``(6) Snake Creek, Bixby, Oklahoma.''.
SEC. 214. BENEFIT OF PRIMARY FLOOD DAMAGES AVOIDED INCLUDED
IN BENEFIT-COST ANALYSIS.
Section 308 of the Water Resources Development Act of 1990
(33 U.S.C. 2318) is amended--
(1) in the heading of subsection (a), by striking
``Benefit-Cost Analysis'' and inserting ``Elements Excluded
From Cost-Benefit Analysis'';
(2) by redesignating subsections (b) through (e) as
subsections (c) through (f), respectively;
(3) by inserting after subsection (a) the following:
``(b) Elements Included in Cost-Benefit Analysis.--The
Secretary shall include primary flood damages avoided in the
benefit base for justifying Federal nonstructural flood
damage reduction projects.''; and
(4) in the first sentence of subsection (e) (as
redesignated by paragraph (2)), by striking ``(b)'' and
inserting ``(d)''.
SEC. 215. CONTROL OF AQUATIC PLANT GROWTH.
Section 104(a) of the River and Harbor Act of 1958 (33
U.S.C. 610(a)) is amended--
(1) by inserting ``Arundo dona,'' after ``water-
hyacinth,''; and
(2) by inserting ``tarmarix'' after ``melaleuca''.
SEC. 216. ENVIRONMENTAL INFRASTRUCTURE.
Section 219(c) of the Water Resources Development Act of
1992 (106 Stat. 4835) is amended by adding at the end the
following:
``(19) Lake tahoe, california and nevada.--Regional water
system for Lake Tahoe, California and Nevada.
``(20) Lancaster, california.--Fox Field Industrial
Corridor water facilities, Lancaster, California.
``(21) San ramon, california.--San Ramon Valley recycled
water project, San Ramon, California.''.
SEC. 217. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
Section 503 of the Water Resources Development Act of 1996
(110 Stat. 3756) is amended--
(1) in subsection (d)--
(A) by striking paragraph (10) and inserting the following:
``(10) Regional Atlanta Watershed, Atlanta, Georgia, and
Lake Lanier of Forsyth and Hall Counties, Georgia.''; and
(B) by adding at the end the following:
``(14) Clear Lake watershed, California.
``(15) Fresno Slough watershed, California.
``(16) Hayward Marsh, Southern San Francisco Bay watershed,
California.
``(17) Kaweah River watershed, California.
``(18) Lake Tahoe watershed, California and Nevada.
``(19) Malibu Creek watershed, California.
``(20) Truckee River basin, Nevada.
``(21) Walker River basin, Nevada.
``(22) Bronx River watershed, New York.
``(23) Catawba River watershed, North Carolina.'';
(2) by redesignating subsection (e) as subsection (f); and
(3) by inserting after subsection (d) the following:
``(e) Nonprofit Entities.--Notwithstanding section 221(b)
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for
any project undertaken under this section, with the consent
of the affected local government, a non-Federal interest may
include a nonprofit entity.''.
SEC. 218. LAKES PROGRAM.
Section 602(a) of the Water Resources Development Act of
1986 (100 Stat. 4148) is amended--
(1) in paragraph (15), by striking ``and'' at the end;
(2) in paragraph (16), by striking the period at the end;
and
(3) by adding at the end the following:
``(17) Clear Lake, Lake County, California, removal of silt
and aquatic growth and development of a sustainable weed and
algae management program;
``(18) Flints Pond, Hollis, New Hampshire, removal of
excessive aquatic vegetation; and
``(19) Osgood Pond, Milford, New Hampshire, removal of
excessive aquatic vegetation.''.
SEC. 219. SEDIMENTS DECONTAMINATION POLICY.
Section 405 of the Water Resources Development Act of 1992
(33 U.S.C. 2239 note; Public Law 102-580) is amended--
(1) in subsection (a), by adding at the end the following:
``(4) Practical end-use products.--Technologies selected
for demonstration at the pilot scale shall result in
practical end-use products.
``(5) Assistance by the secretary.--The Secretary shall
assist the project to ensure expeditious completion by
providing sufficient quantities of contaminated dredged
material to conduct the full-scale demonstrations to stated
capacity.''; and
(2) in subsection (c), by striking the first sentence and
inserting the following: ``There is authorized to be
appropriated to carry out this section a total of $22,000,000
to complete technology testing, technology commercialization,
and the development of full scale processing facilities
within the New York/New Jersey Harbor.''.
SEC. 220. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
(a) In General.--Section 145 of the Water Resources
Development Act of 1976 (33 U.S.C. 426j) is amended in the
first sentence by striking ``50'' and inserting ``35''.
(b) Great Lakes Basin.--The Secretary shall work with the
State of Ohio, other Great Lakes States, and political
subdivisions of the States to fully implement and maximize
beneficial reuse of dredged material as provided under
section 145 of the Water Resources Development Act of 1976
(33 U.S.C. 426j).
SEC. 221. FISH AND WILDLIFE MITIGATION.
Section 906(e) of the Water Resources Development Act of
1986 (33 U.S.C. 2283(e)) is amended by inserting after the
second sentence the following: ``Not more than 80 percent of
the non-Federal share of such first costs may be in kind,
including a facility, supply, or service that is necessary to
carry out the enhancement project.''.
SEC. 222. REIMBURSEMENT OF NON-FEDERAL INTEREST.
Section 211(e)(2)(A) of the Water Resources Development Act
of 1996 (33 U.S.C. 701b-13(e)(2)(A)) is amended by striking
``subject to amounts being made available in advance in
appropriations Acts'' and inserting ``subject to the
availability of appropriations''.
SEC. 223. NATIONAL CONTAMINATED SEDIMENT TASK FORCE.
(a) Definition of Task Force.--In this section, the term
``Task Force'' means the National Contaminated Sediment Task
Force established by section 502 of the National Contaminated
Sediment Assessment and Management Act (33 U.S.C. 1271 note;
Public Law 102-580).
(b) Convening.--The Secretary and the Administrator shall
convene the Task Force not later than 90 days after the date
of enactment of this Act.
(c) Reporting on Remedial Action.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Task Force shall submit to
Congress a report on the status of remedial actions at
aquatic sites in the areas described in paragraph (2).
(2) Areas.--The report under paragraph (1) shall address
remedial actions in--
(A) areas of probable concern identified in the survey of
data regarding aquatic sediment quality required by section
503(a) of the National Contaminated Sediment Assessment and
Management Act (33 U.S.C. 1271);
(B) areas of concern within the Great Lakes, as identified
under section 118(f) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(f));
(C) estuaries of national significance identified under
section 320 of the Federal Water Pollution Control Act (33
U.S.C. 1330);
(D) areas for which remedial action has been authorized
under any of the Water Resources Development Acts; and
(E) as appropriate, any other areas where sediment
contamination is identified by the Task Force.
(3) Activities.--Remedial actions subject to reporting
under this subsection include remedial actions under--
(A) the Comprehensive Environmental Response, Compensation,
and Liability Act of
[[Page S2126]]
1980 (42 U.S.C. 9601 et seq.) or other Federal or State law
containing environmental remediation authority;
(B) any of the Water Resources Development Acts;
(C) section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344); or
(D) section 10 of the Act of March 3, 1899 (30 Stat. 1151,
chapter 425).
(4) Contents.--The report under paragraph (1) shall
provide, with respect to each remedial action described in
the report, a description of--
(A) the authorities and sources of funding for conducting
the remedial action;
(B) the nature and sources of the sediment contamination,
including volume and concentration, where appropriate;
(C) the testing conducted to determine the nature and
extent of sediment contamination and to determine whether the
remedial action is necessary;
(D) the action levels or other factors used to determine
that the remedial action is necessary;
(E) the nature of the remedial action planned or
undertaken, including the levels of protection of public
health and the environment to be achieved by the remedial
action;
(F) the ultimate disposition of any material dredged as
part of the remedial action;
(G) the status of projects and the obstacles or barriers to
prompt conduct of the remedial action; and
(H) contacts and sources of further information concerning
the remedial action.
SEC. 224. GREAT LAKES BASIN PROGRAM.
(a) Strategic Plans.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, and every 2 years thereafter, the
Secretary shall report to Congress on a plan for programs of
the Corps of Engineers in the Great Lakes basin.
(2) Contents.--The plan shall include details of the
projected environmental and navigational projects in the
Great Lakes basin, including--
(A) navigational maintenance and operations for commercial
and recreational vessels;
(B) environmental restoration activities;
(C) water level maintenance activities;
(D) technical and planning assistance to States and
remedial action planning committees;
(E) sediment transport analysis, sediment management
planning, and activities to support prevention of excess
sediment loadings;
(F) flood damage reduction and shoreline erosion
prevention;
(G) all other activities of the Corps of Engineers; and
(H) an analysis of factors limiting use of programs and
authorities of the Corps of Engineers in existence on the
date of enactment of this Act in the Great Lakes basin,
including the need for new or modified authorities.
(b) Great Lakes Biohydrological Information.--
(1) Inventory.--
(A) In general.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall request each
Federal agency that may possess information relevant to the
Great Lakes biohydrological system to provide an inventory of
all such information in the possession of the agency.
(B) Relevant information.--For the purpose of subparagraph
(A), relevant information includes information on--
(i) ground and surface water hydrology;
(ii) natural and altered tributary dynamics;
(iii) biological aspects of the system influenced by and
influencing water quantity and water movement;
(iv) meteorological projections and weather impacts on
Great Lakes water levels; and
(v) other Great Lakes biohydrological system data relevant
to sustainable water use management.
(2) Report.--
(A) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary, in consultation with
the States, Indian tribes, and Federal agencies, and after
requesting information from the provinces and the federal
government of Canada, shall--
(i) compile the inventories of information;
(ii) analyze the information for consistency and gaps; and
(iii) submit to Congress, the International Joint
Commission, and the Great Lakes States a report that includes
recommendations on ways to improve the information base on
the biohydrological dynamics of the Great Lakes ecosystem as
a whole, so as to support environmentally sound decisions
regarding diversions and consumptive uses of Great Lakes
water.
(B) Recommendations.--The recommendations in the report
under subparagraph (A) shall include recommendations relating
to the resources and funds necessary for implementing
improvement of the information base.
(C) Considerations.--In developing the report under
subparagraph (A), the Secretary, in cooperation with the
Secretary of State, the Secretary of Transportation, and
other relevant agencies as appropriate, shall consider and
report on the status of the issues described and
recommendations made in--
(i) the Report of the International Joint Commission to the
Governments of the United States and Canada under the 1977
reference issued in 1985; and
(ii) the 1993 Report of the International Joint Commission
to the Governments of Canada and the United States on Methods
of Alleviating Adverse Consequences of Fluctuating Water
Levels in the Great Lakes St. Lawrence Basin.
(c) Great Lakes Recreational Boating.--Not later than 18
months after the date of enactment of this Act, the Secretary
shall, using information and studies in existence on the date
of enactment of this Act to the maximum extent practicable,
and in cooperation with the Great Lakes States, submit to
Congress a report detailing the economic benefits of
recreational boating in the Great Lakes basin, particularly
at harbors benefiting from operation and maintenance projects
of the Corps of Engineers.
(d) Cooperation.--In undertaking activities under this
section, the Secretary shall--
(1) encourage public participation; and
(2) cooperate, and, as appropriate, collaborate, with Great
Lakes States, tribal governments, and Canadian federal,
provincial, tribal governments.
(e) Water Use Activities and Policies.--The Secretary may
provide technical assistance to the Great Lakes States to
develop interstate guidelines to improve the consistency and
efficiency of State-level water use activities and policies
in the Great Lakes basin.
(f) Cost Sharing.--The Secretary may seek and accept funds
from non-Federal entities to be used to pay up to 25 percent
of the cost of carrying out subsections (b), (c), (d), and
(e).
SEC. 225. PROJECTS FOR IMPROVEMENT OF THE ENVIRONMENT.
Section 1135(c) of the Water Resources Development Act of
1986 (33 U.S.C. 2309a(c)) 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) Control of sea lamprey.--Congress finds that--
``(A) the Great Lakes navigation system has been
instrumental in the spread of sea lamprey and the associated
impacts to its fishery; and
``(B) the use of the authority under this subsection for
control of sea lamprey at any Great Lakes basin location is
appropriate.''.
SEC. 226. WATER QUALITY, ENVIRONMENTAL QUALITY, RECREATION,
FISH AND WILDLIFE, FLOOD CONTROL, AND
NAVIGATION.
(a) In General.--The Secretary may investigate, study,
evaluate, and report on--
(1) water quality, environmental quality, recreation, fish
and wildlife, flood control, and navigation in the western
Lake Erie watershed, including the watersheds of the Maumee
River, Ottawa River, and Portage River in the States of
Indiana, Ohio, and Michigan; and
(2) measures to improve water quality, environmental
quality, recreation, fish and wildlife, flood control, and
navigation in the western Lake Erie basin.
(b) Cooperation.--In carrying out studies and
investigations under subsection (a), the Secretary shall
cooperate with Federal, State, and local agencies and
nongovernmental organizations to ensure full consideration of
all views and requirements of all interrelated programs that
those agencies may develop independently or in coordination
with the Corps of Engineers.
SEC. 227. IRRIGATION DIVERSION PROTECTION AND FISHERIES
ENHANCEMENT ASSISTANCE.
The Secretary may provide technical planning and design
assistance to non-Federal interests and may conduct other
site-specific studies to formulate and evaluate fish screens,
fish passages devices, and other measures to decrease the
incidence of juvenile and adult fish inadvertently entering
into irrigation systems. Measures shall be developed in
cooperation with Federal and State resource agencies and not
impair the continued withdrawal of water for irrigation
purposes. In providing such assistance priority shall be
given based on the objectives of the Endangered Species Act,
cost-effectiveness, and the potential for reducing fish
mortality. Non-Federal interests shall agree by contract to
contribute 50 percent of the cost of such assistance. Not
more than one-half of such non-Federal contribution may be
made by the provision of services, materials, supplies, or
other in-kind services. No construction activities are
authorized by this section. Not later than 2 years after the
date of enactment of this section, the Secretary shall report
to Congress on fish mortality caused by irrigation water
intake devices, appropriate measures to reduce mortality, the
extent to which such measures are currently being employed in
the arid States, the construction costs associated with such
measures, and the appropriate Federal role, if any, to
encourage the use of such measures.
SEC. 228. SMALL STORM DAMAGE REDUCTION PROJECTS.
Section 3 of the Act of August 13, 1946 (33 U.S.C. 426g),
is amended by striking ``$2,000,000'' and inserting
``$3,000,000''.
SEC. 229. SHORE DAMAGE PREVENTION OR MITIGATION.
Section 111 of the River and Harbor Act of 1968 (33 U.S.C.
426(i)) is amended--
(1) in the first sentence, by striking ``The Secretary''
and inserting ``(a) In General.--The Secretary'';
(2) in the second sentence, by striking ``The costs'' and
inserting the following:
``(b) Cost Sharing.--The costs'';
(3) in the third sentence--
[[Page S2127]]
(A) by striking ``No such'' and inserting the following:
``(c) Requirement for Specific Authorization.--No such'';
and
(B) by striking ``$2,000,000'' and inserting
``$5,000,000''; and
(4) by adding at the end the following:
``(d) Coordination.--The Secretary shall--
``(1) coordinate the implementation of the measures under
this section with other Federal and non-Federal shore
protection projects in the same geographic area; and
``(2) to the extent practicable, combine mitigation
projects with other shore protection projects in the same
area into a comprehensive regional project.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. DREDGING OF SALT PONDS IN THE STATE OF RHODE
ISLAND.
The Secretary may acquire for the State of Rhode Island a
dredge and associated equipment with the capacity to dredge
approximately 100 cubic yards per hour for use by the State
in dredging salt ponds in the State.
SEC. 302. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW
YORK.
Section 567(a) of the Water Resources Development Act of
1996 (110 Stat. 3787) is amended by adding at the end the
following:
``(3) The Chemung River watershed, New York, at an
estimated Federal cost of $5,000,000.''.
SEC. 303. SMALL FLOOD CONTROL PROJECTS.
Section 102 of the Water Resources Development Act of 1996
(110 Stat. 3668) is amended--
(1) by redesignating paragraphs (15) through (22) as
paragraphs (16) through (23), respectively;
(2) by inserting after paragraph (14) the following:
``(15) Repaupo creek and delaware river, gloucester county,
new jersey.--Project for tidegate and levee improvements for
Repaupo Creek and the Delaware River, Gloucester County, New
Jersey.''; and
(3) by adding at the end the following:
``(24) Irondequoit creek, new york.--Project for flood
control, Irondequoit Creek watershed, New York.
``(25) Tioga county, pennsylvania.--Project for flood
control, Tioga River and Cowanesque River and their
tributaries, Tioga County, Pennsylvania.''.
SEC. 304. SMALL NAVIGATION PROJECTS.
Section 104 of the Water Resources Development Act of 1996
(110 Stat. 3669) is amended--
(1) by redesignating paragraphs (9) through (12) as
paragraphs (10) through (13), respectively; and
(2) by inserting after paragraph (8) the following:
``(9) Fortescue inlet, delaware bay, new jersey.--Project
for navigation for Fortescue Inlet, Delaware Bay, New
Jersey.''.
SEC. 305. STREAMBANK PROTECTION PROJECTS.
(a) Arctic Ocean, Barrow, Alaska.--The Secretary shall
evaluate and, if justified under section 14 of the Flood
Control Act of 1946 (33 U.S.C. 701r), carry out storm damage
reduction and coastal erosion measures at the town of Barrow,
Alaska.
(b) Saginaw River, Bay City, Michigan.--The Secretary may
construct appropriate control structures in areas along the
Saginaw River in the city of Bay City, Michigan, under
authority of section 14 of the Flood Control Act of 1946 (33
Stat. 701r).
(c) Yellowstone River, Billings, Montana.--The streambank
protection project at Coulson Park, along the Yellowstone
River, Billings, Montana, shall be eligible for assistance
under section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(d) Monongahela River, Point Marion, Pennsylvania.--The
Secretary shall evaluate and, if justified under section 14
of the Flood Control Act of 1946 (33 U.S.C. 701r), carry out
streambank erosion control measures along the Monongahela
River at the borough of Point Marion, Pennsylvania.
SEC. 306. AQUATIC ECOSYSTEM RESTORATION, SPRINGFIELD, OREGON.
(a) In General.--Under section 1135 of the Water Resources
Development Act of 1990 (33 Stat. 2309a) or other applicable
authority, the Secretary shall conduct measures to address
water quality, water flows and fish habitat restoration in
the historic Springfield, Oregon, millrace through the
reconfiguration of the existing millpond, if the Secretary
determines that harmful impacts have occurred as the result
of a previously constructed flood control project by the
Corps of Engineers.
(b) Non-Federal Share.--The non-Federal share, excluding
lands, easements, rights-of-way, dredged material disposal
areas, and relocations, shall be 25 percent.
(c) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $1,500,000.
SEC. 307. GUILFORD AND NEW HAVEN, CONNECTICUT.
The Secretary shall expeditiously complete the activities
authorized under section 346 of the Water Resources
Development Act of 1992 (106 Stat. 4858), including
activities associated with Sluice Creek in Guilford,
Connecticut, and Lighthouse Point Park in New Haven,
Connecticut.
SEC. 308. FRANCIS BLAND FLOODWAY DITCH.
(a) Redesignation.--The project for flood control, Eight
Mile Creek, Paragould, Arkansas, authorized by section 401(a)
of the Water Resources Development Act of 1986 (100 Stat.
4112) and known as ``Eight Mile Creek, Paragould, Arkansas'',
shall be known and designated as the ``Francis Bland Floodway
Ditch''.
(b) Legal References.--Any reference in any law, map,
regulation, document, paper, or other record of the United
States to the project and creek referred to in subsection (a)
shall be deemed to be a reference to the Francis Bland
Floodway Ditch.
SEC. 309. CALOOSAHATCHEE RIVER BASIN, FLORIDA.
Section 528(e)(4) of the Water Resources Development Act of
1996 (110 Stat. 3770) is amended in the first sentence by
inserting before the period at the end the following: ``,
including potential land acquisition in the Caloosahatchee
River basin or other areas''.
SEC. 310. CUMBERLAND, MARYLAND, FLOOD PROJECT MITIGATION.
(a) In General.--The project for flood control and other
purposes, Cumberland, Maryland, authorized by section 5 of
the Act of June 22, 1936 (commonly known as the ``Flood
Control Act of 1936'') (49 Stat. 1574, chapter 688), is
modified to authorize the Secretary to undertake, as a
separate part of the project, restoration of the historic
Chesapeake and Ohio Canal substantially in accordance with
the Chesapeake and Ohio Canal National Historic Park,
Cumberland, Maryland, Rewatering Design Analysis, dated
February 1998, at a total cost of $15,000,000, with an
estimated Federal cost of $9,750,000 and an estimated non-
Federal cost of $5,250,000.
(b) In-Kind Services.--The non-Federal interest for the
restoration project under subsection (a)--
(1) may provide all or a portion of the non-Federal share
of project costs in the form of in-kind services; and
(2) shall receive credit toward the non-Federal share of
project costs for design and construction work performed by
the non-Federal interest before execution of a project
cooperation agreement and for land, easements, and rights-of-
way required for the restoration and acquired by the non-
Federal interest before execution of such an agreement.
(c) Operation and Maintenance.--The operation and
maintenance of the restoration project under subsection (a)
shall be the full responsibility of the National Park
Service.
SEC. 311. CITY OF MIAMI BEACH, FLORIDA.
Section 5(b)(3)(C)(i) of the Act of August 13, 1946 (33
U.S.C. 426h), is amended by inserting before the semicolon
the following: ``, including the city of Miami Beach,
Florida''.
SEC. 312. SARDIS RESERVOIR, OKLAHOMA.
(a) In General.--The Secretary shall accept from the State
of Oklahoma or an agent of the State an amount, as determined
under subsection (b), as prepayment of 100 percent of the
water supply cost obligation of the State under Contract No.
DACW56-74-JC-0314 for water supply storage at Sardis
Reservoir, Oklahoma.
(b) Determination of Amount.--The amount to be paid by the
State of Oklahoma under subsection (a) shall be subject to
adjustment in accordance with accepted discount purchase
methods for Government properties as determined by an
independent accounting firm designated by the Director of the
Office of Management and Budget.
(c) Effect.--Nothing in this section shall otherwise affect
any of the rights or obligations of the parties to the
contract referred to in subsection (a).
SEC. 313. UPPER MISSISSIPPI RIVER AND ILLINOIS WATERWAY
SYSTEM NAVIGATION MODERNIZATION.
(a) Findings.--Congress finds that--
(1) exports are necessary to ensure job creation and an
improved standard of living for the people of the United
States;
(2) the ability of producers of goods in the United States
to compete in the international marketplace depends on a
modern and efficient transportation network;
(3) a modern and efficient waterway system is a
transportation option necessary to provide United States
shippers a safe, reliable, and competitive means to win
foreign markets in an increasingly competitive international
marketplace;
(4) the need to modernize is heightened because the United
States is at risk of losing its competitive edge as a result
of the priority that foreign competitors are placing on
modernizing their own waterway systems;
(5) growing export demand projected over the coming decades
will force greater demands on the waterway system of the
United States and increase the cost to the economy if the
system proves inadequate to satisfy growing export
opportunities;
(6) the locks and dams on the upper Mississippi River and
Illinois River waterway system were built in the 1930s and
have some of the highest average delays to commercial tows in
the country;
(7) inland barges carry freight at the lowest unit cost
while offering an alternative to truck and rail
transportation that is environmentally sound, is energy
efficient, is safe, causes little congestion, produces little
air or noise pollution, and has minimal social impact; and
(8) it should be the policy of the Corps of Engineers to
pursue aggressively modernization of the waterway system
authorized by Congress to promote the relative competitive
position of the United States in the international
marketplace.
(b) Preconstruction Engineering and Design.--In accordance
with the Upper Mississippi River-Illinois Waterway System
Navigation Study, the Secretary shall proceed immediately to
prepare engineering design, plans, and specifications for
extension
[[Page S2128]]
of locks 20, 21, 22, 24, 25 on the Mississippi River and the
LaGrange and Peoria Locks on the Illinois River, to provide
lock chambers 110 feet in width and 1,200 feet in length, so
that construction can proceed immediately upon completion of
studies and authorization of projects by Congress.
SEC. 314. UPPER MISSISSIPPI RIVER MANAGEMENT.
Section 1103 of the Water Resources Development Act of 1986
(33 U.S.C. 652) is amended--
(1) in subsection (e)--
(A) by striking ``(e)'' and all that follows through the
end of paragraph (2) and inserting the following:
``(e) Undertakings.--
``(1) In general.--
``(A) Authority.--The Secretary, in consultation with the
Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, is authorized to
undertake--
``(i) a program for the planning, construction, and
evaluation of measures for fish and wildlife habitat
rehabilitation and enhancement; and
``(ii) implementation of a program of long-term resource
monitoring, computerized data inventory and analysis, and
applied research.
``(B) Requirements for projects.--Each project carried out
under subparagraph (A)(i) shall--
``(i) to the maximum extent practicable, simulate natural
river processes;
``(ii) include an outreach and education component; and
``(iii) on completion of the assessment under subparagraph
(D), address identified habitat and natural resource needs.
``(C) Advisory committee.--In carrying out subparagraph
(A), the Secretary shall create an independent technical
advisory committee to review projects, monitoring plans, and
habitat and natural resource needs assessments.
``(D) Habitat and natural resource needs assessment.--
``(i) Authority.--The Secretary is authorized to undertake
a systemic, river reach, and pool scale assessment of habitat
and natural resource needs to serve as a blueprint to guide
habitat rehabilitation and long-term resource monitoring.
``(ii) Data.--The habitat and natural resource needs
assessment shall, to the maximum extent practicable, use data
in existence at the time of the assessment.
``(iii) Timing.--The Secretary shall complete a habitat and
natural resource needs assessment not later than 3 years
after the date of enactment of this subparagraph.
``(2) Reports.--On December 31, 2005, in consultation with
the Secretary of the Interior and the States of Illinois,
Iowa, Minnesota, Missouri, and Wisconsin, the Secretary shall
prepare and submit to Congress a report that--
``(A) contains an evaluation of the programs described in
paragraph (1);
``(B) describes the accomplishments of each program;
``(C) includes results of a habitat and natural resource
needs assessment; and
``(D) identifies any needed adjustments in the
authorization under paragraph (1) or the authorized
appropriations under paragraphs (3), (4), and (5).'';
(B) in paragraph (3)--
(i) by striking ``paragraph (1)(A)'' and inserting
``paragraph (1)(A)(i)''; and
(ii) by striking ``Secretary not to exceed'' and all that
follows and inserting ``Secretary not to exceed $22,750,000
for each of fiscal years 1999 through 2009.'';
(C) in paragraph (4)--
(i) by striking ``paragraph (1)(B)'' and inserting
``paragraph (1)(A)(ii)''; and
(ii) by striking ``$7,680,000'' and all that follows and
inserting ``$10,420,000 for each of fiscal years 1999 through
2009.'';
(D) by striking paragraphs (5) and (6) and inserting the
following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out paragraph (1)(C) not to
exceed $350,000 for each of fiscal years 1999 through 2009.
``(6) Transfer of amounts.--
``(A) In general.--For each fiscal year beginning after
September 30, 1992, the Secretary, in consultation with the
Secretary of the Interior and the States of Illinois, Iowa,
Minnesota, Missouri, and Wisconsin, may transfer appropriated
amounts between the programs under clauses (i) and (ii) of
paragraph (1)(A) and paragraph (1)(C).
``(B) Apportionment of costs.--In carrying out paragraph
(1)(D), the Secretary may apportion the costs equally between
the programs authorized by paragraph (1)(A).''; and
(E) in paragraph (7)--
(i) in subparagraph (A)--
(I) by inserting ``(i)'' after ``paragraph (1)(A)''; and
(II) by inserting before the period at the end the
following: ``and, in the case of any project requiring non-
Federal cost sharing, the non-Federal share of the cost of
the project shall be 35 percent''; and
(ii) in subparagraph (B), by striking ``paragraphs (1)(B)
and (1)(C) of this subsection'' and inserting ``paragraph
(1)(A)(ii)'';
(2) in subsection (f)(2)--
(A) in subparagraph (A), by striking ``(A)''; and
(B) by striking subparagraph (B); and
(3) by adding at the end the following:
``(k) St. Louis Area Urban Wildlife Habitat.--The Secretary
shall investigate and, if appropriate, carry out restoration
of urban wildlife habitat, with a special emphasis on the
establishment of greenways in the St. Louis, Missouri, area
and surrounding communities.''.
SEC. 315. RESEARCH AND DEVELOPMENT PROGRAM FOR COLUMBIA AND
SNAKE RIVERS SALMON SURVIVAL.
Section 511 of the Water Resources Development Act of 1996
(16 U.S.C. 3301 note; Public Law 104-303) is amended by
striking subsection (a) and all that follows and inserting
the following:
``(a) Salmon Survival Activities.--
``(1) In general.--In conjunction with the Secretary of
Commerce and Secretary of the Interior, the Secretary shall
accelerate ongoing research and development activities, and
may carry out or participate in additional research and
development activities, for the purpose of developing
innovative methods and technologies for improving the
survival of salmon, especially salmon in the Columbia/Snake
River Basin.
``(2) Accelerated activities.--Accelerated research and
development activities referred to in paragraph (1) may
include research and development related to--
``(A) impacts from water resources projects and other
impacts on salmon life cycles;
``(B) juvenile and adult salmon passage;
``(C) light and sound guidance systems;
``(D) surface-oriented collector systems;
``(E) transportation mechanisms; and
``(F) dissolved gas monitoring and abatement.
``(3) Additional activities.--Additional research and
development activities referred to in paragraph (1) may
include research and development related to--
``(A) studies of juvenile salmon survival in spawning and
rearing areas;
``(B) estuary and near-ocean juvenile and adult salmon
survival;
``(C) impacts on salmon life cycles from sources other than
water resources projects;
``(D) cryopreservation of fish gametes and formation of a
germ plasm repository for threatened and endangered
populations of native fish; and
``(E) other innovative technologies and actions intended to
improve fish survival, including the survival of resident
fish.
``(4) Coordination.--The Secretary shall coordinate any
activities carried out under this subsection with appropriate
Federal, State, and local agencies, affected Indian tribes,
and the Northwest Power Planning Council.
``(5) Report.--Not later than 3 years after the date of
enactment of this section, the Secretary shall submit to
Congress a report on the research and development activities
carried out under this subsection, including any
recommendations of the Secretary concerning the research and
development activities.
``(6) Authorization of appropriations.--There is authorized
to be appropriated $10,000,000 to carry out research and
development activities under paragraph (3).
``(b) Advanced Turbine Development.--
``(1) In general.--In conjunction with the Secretary of
Energy, the Secretary shall accelerate efforts toward
developing and installing in Corps of Engineers-operated dams
innovative, efficient, and environmentally safe hydropower
turbines, including design of fish-friendly turbines, for use
on the Columbia/Snake River hydrosystem.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $35,000,000 to carry out this subsection.
``(c) Management of Predation on Columbia/Snake River
System Native Fishes.--
``(1) Nesting avian predators.--In conjunction with the
Secretary of Commerce and the Secretary of the Interior, and
consistent with a management plan to be developed by the
United States Fish and Wildlife Service, the Secretary shall
carry out methods to reduce nesting populations of avian
predators on dredge spoil islands in the Columbia River under
the jurisdiction of the Secretary.
``(2) Authorization of appropriations.--There is authorized
to be appropriated $1,000,000 to carry out research and
development activities under this subsection.
``(d) Implementation.--Nothing in this section affects the
authority of the Secretary to implement the results of the
research and development carried out under this section or
any other law.''.
SEC. 316. NINE MILE RUN HABITAT RESTORATION, PENNSYLVANIA.
The Secretary may credit against the non-Federal share such
costs as are incurred by the non-Federal interests in
preparing environmental and other preconstruction
documentation for the habitat restoration project, Nine Mile
Run, Pennsylvania, if the Secretary determines that the
documentation is integral to the project.
SEC. 317. LARKSPUR FERRY CHANNEL, CALIFORNIA.
The Secretary shall work with the Secretary of
Transportation on a proposed solution to carry out the
project to maintain the Larkspur Ferry Channel, Larkspur,
California, authorized by section 601(d) of the Water
Resources Development Act of 1986 (100 Stat. 4148).
SEC. 318. COMPREHENSIVE FLOOD IMPACT-RESPONSE MODELING
SYSTEM.
(a) In General.--The Secretary may study and implement a
Comprehensive Flood Impact-Response Modeling System for the
Coralville Reservoir and the Iowa River watershed, Iowa.
(b) Study.--The study shall include--
[[Page S2129]]
(1) an evaluation of the combined hydrologic, geomorphic,
environmental, economic, social, and recreational impacts of
operating strategies within the watershed;
(2) creation of an integrated, dynamic flood impact model;
and
(3) the development of a rapid response system to be used
during flood and emergency situations.
(c) Report to Congress.--Not later than 5 years after the
date of enactment of this Act, the Secretary shall transmit a
report to Congress on the results of the study and modeling
system and such recommendations as the Secretary determines
to be appropriate.
(d) Authorization of Appropriations.--There is authorized
to be appropriated a total of $2,250,000 to carry out this
section.
SEC. 319. STUDY REGARDING INNOVATIVE FINANCING FOR SMALL AND
MEDIUM-SIZED PORTS.
(a) Study.--The Comptroller General of the United States
shall conduct a study and analysis of various alternatives
for innovative financing of future construction, operation,
and maintenance of projects in small and medium-sized ports.
(b) Report.--Not later than 270 days after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Environment and Public Works of the
Senate and Committee on Transportation and Infrastructure of
the House of Representatives and the results of the study and
any related legislative recommendations for consideration by
Congress.
SEC. 320. CANDY LAKE PROJECT, OSAGE COUNTY, OKLAHOMA.
(a) Definitions.--In this section:
(1) Fair market value.--The term ``fair market value''
means the amount for which a willing buyer would purchase and
a willing seller would sell a parcel of land, as determined
by a qualified, independent land appraiser.
(2) Previous owner of land.--The term ``previous owner of
land'' means a person (including a corporation) that
conveyed, or a descendant of a deceased individual who
conveyed, land to the Corps of Engineers for use in the Candy
Lake project in Osage County, Oklahoma.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Army.
(b) Land Conveyances.--
(1) In general.--The Secretary shall convey, in accordance
with this section, all right, title, and interest of the
United States in and to the land acquired by the United
States for the Candy Lake project in Osage County, Oklahoma.
(2) Previous owners of land.--
(A) In general.--The Secretary shall give a previous owner
of land first option to purchase the land described in
paragraph (1).
(B) Application.--
(i) In general.--A previous owner of land that desires to
purchase the land described in paragraph (1) that was owned
by the previous owner of land, or by the individual from whom
the previous owner of land is descended, shall file an
application to purchase the land with the Secretary not later
than 180 days after the official date of notice to the
previous owner of land under subsection (c).
(ii) First to file has first option.--If more than 1
application is filed for a parcel of land described in
paragraph (1), first options to purchase the parcel of land
shall be allotted in the order in which applications for the
parcel of land were filed.
(C) Identification of previous owners of land.--As soon as
practicable after the date of enactment of this Act, the
Secretary shall, to the extent practicable, identify each
previous owner of land.
(D) Consideration.--Consideration for land conveyed under
this subsection shall be the fair market value of the land.
(3) Disposal.--Any land described in paragraph (1) for
which an application has not been filed under paragraph
(2)(B) within the applicable time period shall be disposed of
in accordance with law.
(4) Extinguishment of Easements.--All flowage easements
acquired by the United States for use in the Candy Lake
project in Osage County, Oklahoma, are extinguished.
(c) Notice.--
(1) In general.--The Secretary shall notify--
(A) each person identified as a previous owner of land
under subsection (b)(2)(C), not later than 90 days after
identification, by United States mail; and
(B) the general public, not later than 90 days after the
date of enactment of this Act, by publication in the Federal
Register.
(2) Contents of notice.--Notice under this subsection shall
include--
(A) a copy of this section;
(B) information sufficient to separately identify each
parcel of land subject to this section; and
(C) specification of the fair market value of each parcel
of land subject to this section.
(3) Official date of notice.--The official date of notice
under this subsection shall be the later of--
(A) the date on which actual notice is mailed; or
(B) the date of publication of the notice in the Federal
Register.
SEC. 321. SALCHA RIVER AND PILEDRIVER SLOUGH, FAIRBANKS,
ALASKA.
The Secretary shall evaluate and, if justified under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), carry out flood damage reduction measures along the
lower Salcha River and on Piledriver Slough, from its
headwaters at the mouth of the Salcha River to the Chena
Lakes Flood Control Project, in the vicinity of Fairbanks,
Alaska, to protect against surface water flooding.
SEC. 322. EYAK RIVER, CORDOVA, ALASKA.
The Secretary shall evaluate and, if justified under
section 205 of the Flood Control Act of 1948 (33 U.S.C.
701s), carry out flood damage reduction measures along the
Eyak River at the town of Cordova, Alaska.
SEC. 323. NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND
ENVIRONMENTAL RESTORATION PROJECT.
The Secretary shall carry out a project for ecosystem
restoration and storm damage reduction at North Padre Island,
Corpus Christi Bay, Texas, at a total estimated cost of
$30,000,000, with an estimated Federal cost of $19,500,000
and an estimated non-Federal cost of $10,500,000, if the
Secretary finds that the work is technically sound,
environmentally acceptable, and economically justified.
SEC. 324. KANOPOLIS LAKE, KANSAS.
(a) Water Supply.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary, in cooperation with the
State of Kansas or another non-Federal interest, shall
complete a water supply reallocation study at the project for
flood control, Kanopolis Lake, Kansas, as a basis on which
the Secretary shall enter into negotiations with the State of
Kansas or another non-Federal interest for the terms and
conditions of a reallocation of the water supply.
(2) Options.--The negotiations for storage reallocation
shall include the following options for evaluation by all
parties:
(A) Financial terms of storage reallocation.
(B) Protection of future Federal water releases from
Kanopolis Dam, consistent with State water law, to ensure
that the benefits expected from releases are provided.
(C) Potential establishment of a water assurance district
consistent with other such districts established by the State
of Kansas.
(D) Protection of existing project purposes at Kanopolis
Dam to include flood control, recreation, and fish and
wildlife.
(b) In-Kind Credit.--
(1) In general.--The Secretary may negotiate a credit for a
portion of the financial repayment to the Federal Government
for work performed by the State of Kansas, or another non-
Federal interest, on land adjacent or in close proximity to
the project, if the work provides a benefit to the project.
(2) Work included.--The work for which credit may be
granted may include watershed protection and enhancement,
including wetland construction and ecosystem restoration.
SEC. 325. NEW YORK CITY WATERSHED.
Section 552(d) of the Water Resources Development Act of
1996 (110 Stat. 3780) is amended by striking ``for the
project to be carried out with such assistance'' and
inserting ``, or a public entity designated by the State
director, to carry out the project with such assistance,
subject to the project's meeting the certification
requirement of subsection (c)(1)''.
SEC. 326. CITY OF CHARLEVOIX REIMBURSEMENT, MICHIGAN.
The Secretary shall review and, if consistent with
authorized project purposes, reimburse the city of
Charlevoix, Michigan, for the Federal share of costs
associated with construction of the new revetment connection
to the Federal navigation project at Charlevoix Harbor,
Michigan.
SEC. 327. HAMILTON DAM FLOOD CONTROL PROJECT, MICHIGAN.
The Secretary may construct the Hamilton Dam flood control
project, Michigan, under authority of section 205 of the
Flood Control Act of 1948 (33 U.S.C. 701s).
SEC. 328. HOLES CREEK FLOOD CONTROL PROJECT, OHIO.
(a) In General.--Notwithstanding any other provision of
law, the non-Federal share of project costs for the project
for flood control, Holes Creek, Ohio, shall not exceed the
sum of--
(1) the total amount projected as the non-Federal share as
of September 30, 1996, in the Project Cooperation Agreement
executed on that date; and
(2) 100 percent of the amount of any increases in the cost
of the locally preferred plan over the cost estimated in the
Project Cooperation Agreement.
(b) Reimbursement.--The Secretary shall reimburse the non-
Federal interest any amount paid by the non-Federal interest
in excess of the non-Federal share.
SEC. 329. OVERFLOW MANAGEMENT FACILITY, RHODE ISLAND.
Section 585(a) of the Water Resources Development Act of
1996 (110 Stat. 3791) is amended by striking ``river'' and
inserting ``sewer''.
Mr. CHAFEE. Mr. President, today I am pleased to join other members
of the Committee on Environment and Public Works in introducing the
Water Resources Development Act of 1999. This measure, similar to water
resources legislation enacted in 1986, 1988, 1990, 1992, and 1996, is
comprised of water resources project and study authorizations and
policy modifications for the U.S. Army Corps of Engineers Civil Works
program.
The bill we are proposing today is virtually identical to legislation
that was approved unanimously by the Senate last October. That measure,
S. 2131,
[[Page S2130]]
was sent to the House late in the previous Congress and, despite and
best efforts of our colleagues in the other body, went no further. As
such, it is our desire to advance this year's bill as expeditiously as
possible.
We have carefully reviewed each item within the bill and have
included those that are consistent with the committee's traditional
authorization criteria. Mr. President, let me take a few moments here
to discuss these criteria--that is--the criteria used by the Committee
to judge project authorization requests.
On November 17, 1986, President Reagan signed into law the Water
Resources Development Act of 1986. Importantly, the 1986 act marked an
end to the 16-year deadlock between Congress and the Executive Branch
regarding authorization of the Army Corps Civil Works program.
In addition to authorizing numerous projects, the 1986 act resolved
longstanding disputes relating to cost-sharing between the Army Corps
and non-federal sponsors, waterway user fees, environmental
requirements and, importantly, the types of projects in which Federal
involvement is appropriate and warranted.
The criteria used to develop the legislation before us are consistent
with the reforms and procedures established in the landmark Water
Resources Development Act of 1986.
Is a project for flood control, navigation or some other purpose
cost-shared in a manner consistent with the 1986 act?
Have all of the requisite reports and studies on economic,
engineering and environmental feasibility been completed for a project?
Is a project consistent with the traditional and appropriate mission
of the Army Corps?
Should the federal government be involved?
These, Mr. President, are the fundamental questions that we have
applied to each and every project included here for authorization.
This legislation, only slightly modified from last year's Senate-
passed bill, authorizes the Secretary of the Army to construct some 36
projects for flood control, navigation, and environmental restoration.
The bill also modifies 43 existing Army Corps projects and authorizes
29 project studies. In total, this bill authorizes an estimated federal
cost of 2.1 billion dollars. The only significant changes in this
year's version are that we have extracted projects authorized in the
FT99 Omnibus Appropriations Act.
Mr. President, this legislation includes other project-specific and
general provisions related to Army Corps operations. Among them are two
provisions sought by Senator Bond and others to enhance the environment
along the Missouri and Mississippi Rivers. We have also included a
modified version of the Administration's so-called Challenge 21
initiative to encourage more non-structural flood control and
environmental projects. In addition, we are recommending that the cost-
sharing formula be changed for maintenance of future shoreline
protection projects.
Finally, Mr. President, I want to indicate that we have encouraged
our colleagues in the House of Representatives to try to resolve their
differences on the proposed Sacramento, California, flood control
project. It seems to me that there are legitimate concerns and issues
on both sides, but I am optimistic that they will reach an agreement. I
stand ready to do whatever I can to facilitate a successful resolution.
This legislation is vitally important for countless states and
communities across the country. For economic and life-safety reasons,
we must maintain our harbors, ports and inland waterways, our flood
control levees and shorelines, and the environment. I ask for the
cooperation of colleagues so that we can swiftly complete this
unfinished business from 1998. It would be my strong desire to complete
action on this bill within the next several weeks so that we can
prepare for WRDA 2000.
______
By Mr. DODD (for himself and Mr. Coverdell):
S. 509. A bill to amend the Peace Corps Act to authorize
appropriations for fiscal years 2000 through 2003 to carry out that
Act, and for other purposes; to the Committee on Foreign Relations.
____________________