[Congressional Record Volume 146, Number 47 (Thursday, April 13, 2000)]
[Senate]
[Pages S2752-S2757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SMITH of New Hampshire (for himself and Mr. Baucus):
  S. 2437. 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.


                water resources development act of 2000

 Mr. SMITH of New Hampshire. Mr. President, I ask unanimous 
consent that the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2437

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.--

       (a) Short Title.--This Act may be cited as the ``Water 
     Resources Development Act of 2000''.
       (b) Table of Contents.--
Sec. 1. Short title.
Sec. 2. Definitions.
Sec. 3. Comprehensive Everglades restoration plan.
Sec. 4. Watershed and river basin assessments.
Sec. 5. Brownfields Revitalization Program.
Sec. 6. Tribal Partnership Program.
Sec. 7. Ability to pay.
Sec. 8. Property Protection Program.
Sec. 9. National Recreation Reservation Service.
Sec. 10. Operation and maintenance of hydroelectric facilities.
Sec. 11. Interagency and international support.
Sec. 12. Reburial and transfer authority.

[[Page S2753]]

Sec. 13. Amendment to Rivers and Harbors Act.
Sec. 14. Structural flood control cost-sharing.
Sec. 15. Calfed Bay Delta Program assistance.
Sec. 16. Project de-authorizations.
Sec. 17. Floodplain management requirements.
Sec. 18. Transfer of project lands.
Sec. 19. Puget Sound and Adjacent waters restoration.

     SEC. 2. DEFINITION OF SECRETARY.

       In this Act, the term ``Secretary'' means the Secretary of 
     the Army.

     SEC. 3. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

       (a) Definitions.--In this section, the following 
     definitions apply:
       (1) Central and southern florida project.--The term 
     ``Central and Southern Florida Project'' means the project 
     for Central and Southern Florida authorized under the heading 
     ``Central and southern florida'' in section 203 of the Flood 
     Control Act of 1948 (62 Stat. 1176), any modification to the 
     project authorized by law, or modified by the Comprehensive 
     Everglades Restoration Plan.
       (2) South florida ecosystem.--The term ``South Florida 
     ecosystem'' means the area consisting of the lands and waters 
     within the boundary, existing on July 1, 1999, of the South 
     Florida Water Management District, including the Everglades 
     ecosystem, the Florida Keys, Biscayne Bay, Florida Bay, and 
     other contiguous near-shore coastal waters of South Florida.
       (3) Comprehensive everglades restoration plan.--The term 
     ``Comprehensive Everglades Restoration Plan'' means the plan 
     contained in the ``Final Feasibility Report and Programmatic 
     Environmental Impact Statement,'' April 1999, as transmitted 
     to the Congress by the July 1, 1999, letter of the Assistant 
     Secretary of the Army for Civil Works pursuant to Section 528 
     of the Water Resources Development Act of 1996 (110 Stat. 
     3767).
       (4) Natural system.--The term ``natural system'' means all 
     Federally or state managed lands and waters within the South 
     Florida ecosystem, including the water conservation areas, 
     Everglades National Park, Big Cypress National Preserve, and 
     other federally or state designated conservation lands, and 
     other lands that create or contribute to habitat supporting 
     native flora and fauna.
       (b) Findings.--The Congress finds that:
       (1) The Everglades is an American treasure. In its natural 
     state, the South Florida ecosystem was connected by the flow 
     of fresh water from the Kissimmee River to Lake Okeechobee--
     south through vast freshwater marshes known as the 
     Everglades--to Florida Bay, and on to the coral reefs of the 
     Florida Keys. The South Florida ecosystem covers 
     approximately 18,000 square miles and once included a unique 
     and biologically productive region, supporting vast colonies 
     of wading birds, a mixture of temperate and tropical plant 
     and animal species, and teeming coastal fisheries and North 
     America's only barrier coral reef. The South Florida 
     ecosystem is endangered as a result of adverse changes in the 
     quantity, distribution, and timing of flows and degradation 
     of water quality. The Everglades alone has been reduced 
     in size by approximately 50 percent. Restoration of this 
     nationally and internationally recognized ecosystem, 
     including America's Everglades, is in the Nation's 
     interest.
       (2) The Central and Southern Florida Project plays an 
     important role in the economy of south Florida by providing 
     flood protection and water supply to agriculture and the 
     residents of south Florida and providing water to the water 
     conservation areas, Everglades National Park and other 
     natural areas for the purpose of preserving fish and wildlife 
     resources. The population of the region is expected to 
     continue to grow, further straining the ability of the 
     existing Central and Southern Florida Project to meet the 
     needs of the natural system and the people of south Florida.
       (3) Modifications to the Central and Southern Florida 
     Project are needed to restore, preserve, and protect the 
     South Florida ecosystem, including the Everglades, while 
     continuing to provide for the water related needs of the 
     region, including flood protection and other objectives 
     served by the Project.
       (4) The Comprehensive Everglades Restoration Plan is a 
     scientifically and economically sound plan that modifies the 
     Central and Southern Florida Project to restore, preserve and 
     protect the South Florida ecosystem. By storing most of the 
     water currently discharged to the Atlantic Ocean and Gulf of 
     Mexico, ensuring the quality of water discharged into the 
     South Florida ecosystem from project features, and removing 
     internal levees and canals in the Everglades, the 
     Comprehensive Everglades Restoration Plan provides the 
     roadmap for the recovery of a healthy, sustainable ecosystem 
     as well as providing for the other water-related needs of the 
     region, including flood protection, the enhancement of water 
     supplies, and other objectives served by the Central and 
     Southern Florida Project.
       (5) The comprehensive, system-wide nature of the 
     Comprehensive Everglades Restoration Plan and the linkage of 
     the elements of the plan to each other must be preserved not 
     only during the over 25-year period that will be necessary 
     for its implementation, but for as long as the project 
     remains authorized. Implementation must proceed in a 
     programmatic manner using the principles of adaptive 
     assessment as outlined in the Comprehensive Everglades 
     Restoration Plan.
       (6) The Comprehensive Everglades Restoration Plan contains 
     a number of components that will benefit Everglades National 
     Park, Biscayne National Park, Florida Keys National Marine 
     Sanctuary, Big Cypress National Preserve, Ten Thousand 
     Islands National Wildlife Refuge, and Loxahatchee National 
     Wildlife Refuge by significantly improving the quantity, 
     quality, timing, and distribution of waste delivered to these 
     Federal areas. Improved water deliveries will also provide 
     benefits to federally-listed threatened and endangered 
     species.
       (7) The Congress, the Federal government, and the State of 
     Florida have, in prior legislation, recognized the need to 
     restore, preserve, and protect the South Florida ecosystem, 
     These on-going efforts are important to the success of the 
     Comprehensive Everglades Restoration Plan. Since the creation 
     of the South Florida Ecosystem Restoration Task Force in 
     1993, the Federal government has been working in partnership 
     with tribal, state, and local governments, the private 
     sector, and individual citizens to accomplish restoration of 
     the South Florida ecosystem. It is important for the long-
     term restoration of this ecosystem that these efforts, 
     including the South Florida Ecosystem Restoration Task Force, 
     be continued and strengthened. The state, with its financial 
     responsibilities for project implementation and capabilities 
     in the planning, design, construction, and operation of the 
     Comprehensive Everglades Restoration Plan, must be a full 
     partner with the Federal government.
       (c) Comprehensive Everglades Restoration Plan.--
       (1) In general.--Congress hereby approves the Comprehensive 
     Everglades Restoration Plan to modify the Central and 
     Southern Florida Project to restore, preserve, and protect 
     the South Florida ecosystem. These changes are necessary in 
     order to ensure that the Central and Southern Florida Project 
     as amended provides for the improvement and protection of 
     water quality in, and the reduction of the loss of fresh 
     water from, the South Florida ecosystem, as well as providing 
     for the water related needs of the region, including flood 
     protection, the enhancement of water supplies, and other 
     objectives served by the Central and Southern Florida 
     Project.
       (2) Specific authorizations.--
       (A) In general.--Those projects included in the 
     Comprehensive Everglades Restoration Plan and specified in 
     paragraphs (B) and (C) are authorized to be carried out by 
     the Secretary substantially in accordance with the plans, and 
     subject to the conditions described in the Central and 
     Southern Florida Project: Comprehensive Review Study Report 
     of the Chief of Engineers dated June 22, 1999.
       (B) Pilot projects.--The following pilot projects are 
     authorized for implementation, after review and approval by 
     the Secretary, at a total cost of $69,000,000, with an 
     estimated Federal cost of $34,500,000 and an estimated non-
     Federal cost of $34,500,000:
       (1) Caloosahatchee River (C-43) Basin ASR ($6,000,000);
       (2) Lake Belt In-Ground Reservoir Technology ($23,000,000);
       (3) L-31N Seepage Management (10,000,000); and,
       (4) Wastewater Reuse Technology ($30,000,000).
       (C) Other projects.--The following projects are authorized 
     at a total cost of $1,100,918,000, with an estimated Federal 
     cost of $550,459,000 and an estimated non-Federal cost of 
     $550,459,000. Prior to implementation of projects (1) through 
     (10), the Secretary shall review and approve a Project 
     Implementation Report prepared in accordance with subsection 
     (g).
       (1) C-44 Basin Storage Reservoir ($112,562,000);
       (2) Everglades Agricultural Area Storage Reservoirs--Phase 
     I ($233,408,000);
       (3) Site 1 Impoundment ($38,535,000);
       (4) Water Conservation Areas 3A/3B Levee Seepage Management 
     ($100,335,000);
       (5) C-11 Impoundment and Stormwater Treatment Area 
     ($124,837,000);
       (6) C-9 Impoundment and Stormwater Treatment Area 
     ($89,146,000);
       (7) Taylor Creek/Nubbin Slough Storage and Treatment Area 
     ($104,027,000);
       (8) Raise and Bridge East Portion of Tamiami Trail and Fill 
     Miami Canal within Water Conservation Area 3 ($26,946,000);
       (9) North New River Improvements ($77,087,000);
       (10) C-111 Spreader Canal ($94,035,000); and
       (11) Adaptive Assessment and Monitoring Program (10 years) 
     ($100,000,000).
       (d) Additional Program Authority.--In order to expedite 
     implementation of the Comprehensive Everglades Restoration 
     Plan, the Secretary is authorized to implement modifications 
     to the Central and Southern Florida Project that are 
     consistent with the Comprehensive Everglades Restoration Plan 
     and that will produce independent and substantial 
     restoration, preservation, or protection benefits to the 
     South Florida ecosystem; provided that the total Federal 
     cost of each project accomplished under this authority 
     shall not exceed $35,000,000; and provided further that 
     the total Federal cost of all the projects accomplished 
     under this authority shall not exceed $250,000,000. Prior 
     to implementation of any project authorized under this 
     subsection, the Secretary shall review and approve a 
     Project Implementation

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     Report prepared in accordance with subsection (g).
       (e) Authorization of Future Project Features.--Except for 
     those projects authorized in subsections (c) and (d), all 
     future projects included in the Comprehensive Everglades 
     Restoration Plan shall require a specific authorization of 
     Congress. Prior to authorization, the Secretary shall 
     transmit such projects to Congress along with a Project 
     Implementation Report prepared in accordance with subsection 
     (g). Further, such projects, if authorized, shall be 
     implemented pursuant to subsection (i) of this section.
       (f) Cost Sharing.--
       (1) In general.--The non-Federal share of the cost of 
     implementing projects authorized under subsections (c), (d), 
     and (e) shall be 50 percent. The non-Federal sponsor shall be 
     responsible for all lands, easements, rights-of-way, and 
     relocations and shall be afforded credit toward the non-
     Federal share in accordance with paragraph (3)(A). The non-
     Federal sponsor may accept Federal funding for the purchase 
     of the necessary lands, easements, rights-of-way or 
     relocations, provided that such assistance is credited toward 
     the Federal share of the cost of the project.
       (2) Operation and maintenance.--Notwithstanding section 
     528(e)(3) of the Water Resources Development Act of 1996, the 
     non-Federal sponsor shall be responsible for sixty percent of 
     the operation, maintenance, repair, replacement, and 
     rehabilitation cost of activities authorized under this 
     section.
       (3) Credit and reimbursement.--
       (A) Lands.--Regardless of the date of acquisition, the 
     value of lands or interests in land acquired by non-Federal 
     interests for any activity required in this section shall be 
     included in the total cost of the activity and credited 
     against the non-Federal share of the cost of the activity. 
     Such value shall be determined by the Secretary.
       (B) Work.--The Secretary may provide credit, including in-
     kind credit, to or reimburse the non-Federal project sponsor 
     for the reasonable cost of any work performed in connection 
     with a study or activity necessary for the implementation of 
     the Comprehensive Everglades Restoration Plan if the 
     Secretary determines that the work is necessary and the 
     credit or reimbursement is granted for work completed during 
     the period of design or implementation pursuant to an 
     agreement between the Secretary and the non-Federal sponsor 
     that prescribes the terms and conditions of the credit or 
     reimbursement.
       (C) Audits.--Credit or reimbursement for land or work 
     granted under this subsection shall be subject to audit by 
     the Secretary.
       (g) Evaluation of Project Features.--
       (1) In general.--Prior to implementation of project 
     features authorized in subsection (c)(2)(C)(1) through 
     (c)(2)(C)(10) and subsection (d), the Secretary, in 
     cooperation with the non-Federal sponsor, shall, after notice 
     and opportunity for public comment, complete Project 
     Implementation Reports to address the project(s) cost 
     effectiveness, engineering feasibility, and potential 
     environmental impacts, including National Environmental 
     Policy Act compliance. The Secretary shall coordinate with 
     appropriate Federal, tribal, state and local governments 
     during the development of such reports and shall identify any 
     additional water that will be made available for the natural 
     system, existing legal users, and other water related needs 
     of the region. Further, such reports shall ensure that each 
     project feature is consistent with the programmatic 
     regulations issued pursuant to subsection (i).
       (2) Project justification.--Notwithstanding section 209 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other 
     provision of law regarding economic justification, in 
     carrying out activities authorized in accordance with 
     subsections (c), (d), and (e), the Secretary may determine 
     that activities are justified by the environmental benefits 
     derived by the South Florida ecosystem in general and the 
     Everglades and Florida Bay in particular; and shall not need 
     further economic justification if the Secretary determines 
     that the activities are cost effective.
       (h) Socially and Economically Disadvantaged Individuals.--
       (1) In general.--Socially and economically disadvantaged 
     individuals and communities make up a large portion of the 
     South Florida ecosystem and have legitimate interests in the 
     implementation of the Comprehensive Everglades Restoration 
     Plan. Further, such groups have not, in some cases, been 
     given the opportunity to understand and participate fully in 
     the development of water resources projects. As provided in 
     this subsection, the Secretary shall ensure that impacts on 
     socially and economically disadvantaged individuals are 
     considered during the implementation of the Comprehensive 
     Everglades Restoration Plan and that such individuals have 
     opportunities to review and comment on its implementation.
       (2) Definitions.--In this subsection, the following 
     definitions apply:
       (A) Small business concern.--The term ``small business 
     concern'' has the meaning such term has under section 3 of 
     the Small Business Act (15 U.S.C. 632).
       (B) Socially and economically disadvantaged individuals.--
     The term ``socially and economically disadvantaged 
     individuals'' has the meaning such term has under section 
     8(d) of the Small Business Act (15 U.S.C. 637(d)) and 
     relevant subcontracting regulations promulgated pursuant 
     thereto.
       (3) Program for socially and economically disadvantaged 
     individuals.--The Secretary shall establish a program to 
     ensure that socially and economically disadvantaged 
     individuals within the South Florida ecosystem are informed 
     of the Comprehensive Everglades Restoration Plan, given the 
     opportunity to review and comment on each project feature, 
     provided opportunities to participate as a small business 
     concern contractor, and given opportunities for employment or 
     internships in emerging industry sectors.
       (4) Contracts to businesses owned by socially and 
     economically disadvantaged individuals.--The Secretary shall 
     establish a goal that not less than 10 percent of the amounts 
     made available for construction of projects authorized 
     pursuant to subsections (c), (d) and (e), shall be expended 
     with small business concerns owned and controlled by socially 
     and economically disadvantaged individuals within the South 
     Florida ecosystem.
       (i) Assuring Project Benefits.--
       (1) In general.--The primary and overarching purpose of the 
     Comprehensive Everglades Restoration Plan is to restore, 
     preserve and protect the natural system within the South 
     Florida ecosystem. The Comprehensive Everglades Restoration 
     Plan shall be implemented to ensure the protection of water 
     quality in, the reduction of the loss of fresh water from, 
     and the improvement of the environment of the South Florida 
     ecosystem, while providing for other water-related needs of 
     the region, including water supply and flood protection. The 
     Central and Southern Florida Project, as amended by the 
     Comprehensive Everglades Restoration Plan, shall be 
     implemented in a manner that ensures that the benefits to the 
     natural system and the human environment, including the 
     proper quantity, quality, timing and distribution of 
     water, are achieved and maintained for as long as the 
     Central and Southern Florida Project remains authorized. 
     When implemented fully, the approximately 68 features of 
     the Comprehensive Everglades Restoration Plan will result 
     in modifications to the existing Central and Southern 
     Florida Project works that shall provide the water 
     necessary to restore, preserve and protect the natural 
     system while providing for other water related needs of 
     the region. The Secretary shall ensure that both the 
     natural system and the human environment receive the 
     benefits intended when such modifications to the Central 
     and Southern Florida project are made pursuant to the 
     Comprehensive Everglades Restoration Plan and previous 
     Acts of Congress.
       (2) Dedication and management of water--
       (A) In general.--Consistent with subsection (i)(2)(B), the 
     Secretary shall dedicate and manage the water made available 
     from the Central and Southern Florida Project features 
     authorized, constructed, and operated in accordance with 
     previous Acts of Congress and this Act authorizing the 
     implementation of features of the Comprehensive Everglades 
     Restoration Plan, for the temporal and spatial needs of the 
     natural system. The needs of the natural system and the human 
     environment shall be defined in terms of quality, quantity, 
     timing and distribution of water. In developing the 
     regulations that provide for the dedication and management of 
     water for the natural system in accordance with this 
     subsection, the Secretary shall incorporate rainfall driven 
     operational criteria and annual fluctuations in rainfall.
       (B) Programmatic regulations.--The Secretary shall, after 
     notice and opportunity for public comment and with the 
     concurrence of the Secretary of the Interior, and in 
     consultation with the Secretary of Commerce, the 
     Administrator of the Environmental Protection Agency and the 
     Governor of the State of Florida, issue programmatic 
     regulations identifying the amount of water to be dedicated 
     and managed for the natural system from the Central and 
     Southern Florida Project features authorized, constructed, 
     and operated in accordance with previous acts of Congress and 
     this Act through the implementation of the Comprehensive 
     Everglades Restoration Plan features. Such regulations shall 
     be completed within two years of the date of enactment of 
     this Act. These regulations shall ensure that the natural 
     system and the human environment receive the benefits 
     intended, including benefits for the restoration, 
     preservation, and protection of the natural system, as the 
     Comprehensive Everglades Restoration Plan is implemented and 
     incorporated into the Central and Southern Florida Project 
     for as long as the project remains authorized. Nothing in 
     this Act shall prevent the State of Florida from reserving 
     water for environmental uses under the 1972 Florida Water 
     Resources Act to the extent consistent with this section.
       (C) Project specific regulations.--The Secretary, after 
     notice and opportunity for public comment, and in 
     consultation with the Secretary of the Interior, Secretary of 
     Commerce, the Administrator of the Environmental Protection 
     Agency, other Federal agencies, and the State of Florida 
     shall develop project feature specific regulations to ensure 
     that the benefits anticipated from each feature of the 
     Comprehensive Everglades Restoration Plan are achieved and 
     maintained as long as the project remains authorized. Each 
     such regulation shall be consistent with the programmatic 
     regulations issued pursuant to subsection (i)(2)(B), be based 
     on the best available science, and ensure that the quantity, 
     quality, timing, and distribution of water for the natural 
     system and the human environment anticipated

[[Page S2755]]

     in the Comprehensive Plan for each project feature is 
     achieved and maintained.
       (3) Existing water uses.--The Secretary shall ensure that 
     the implementation of the Comprehensive Everglades 
     Restoration Plan, including physical or operational 
     modifications to the Central and Southern Florida Project, 
     does not cause substantial adverse impacts on existing legal 
     water uses, including annual water deliveries to Everglades 
     National Park, water for the preservation of fish and 
     wildlife in the natural system, and other legal uses as of 
     the date of enactment of this Act. The Secretary shall not 
     eliminate existing legal sources of water supply, including 
     those for agricultural water supply, water for Everglades 
     National Park and the preservation of fish and wildlife, 
     until new sources of water supply of comparable quantity and 
     quality are available to replace the water to be lost from 
     existing sources. Existing authorized levels of flood 
     protection will be maintained.
       (j) Report to Congress.--Beginning on October 1, 2005, and 
     periodically thereafter until October 1, 2036, the Secretary 
     and the Secretary of the Department of the Interior, in 
     consultation with the Environmental Protection Agency, the 
     Department of Commerce and the State of Florida, shall 
     jointly submit to Congress a report on the implementation of 
     the Comprehensive Everglades Restoration Plan. Such reports 
     shall be completed no less than every five years. Such 
     reports shall include a description of planning, design, and 
     construction work completed, the amount of funds expended 
     during the period covered by the report, and the work 
     anticipated over the next five-year period. In addition, each 
     report shall include the determination of each Secretary, and 
     the Administrator of the Environmental Protection Agency, 
     concerning the benefits to the natural system and the human 
     environment achieved as of the date of the report and whether 
     the completed features of the Comprehensive Everglades 
     Restoration Plan are being operated in a manner that is 
     consistent with the programmatic regulations established 
     under subsection (i)(2)(B).

     SEC. 4. WATERSHED AND RIVER BASIN ASSESSMENTS.

       Section 729 of Public Law 99-662 [100 stat. 4164] is 
     amended by--
       (a) striking ``STUDY OF WATER RESOURCES NEEDS OF RIVER 
     BASINS AND REGIONS.'' and all that follows, and
       (b) inserting in lieu thereof:

     ``WATERSHED AND RIVER BASIN ASSESSMENTS.

       ``(a) In General.--The Secretary is authorized to assess 
     the water resources needs of river basins and watersheds of 
     the United States. Such assessments shall be undertaken in 
     cooperation and coordination with the Departments of the 
     Interior, Agriculture and Commerce, the Environmental 
     Protection Agency, and other appropriate agencies, and may 
     include an evaluation of ecosystem protection and 
     restoration, flood damage reduction, navigation and port 
     needs, watersheds protection, water supply, and drought 
     preparedness.
       ``(b) Consultation.--The Secretary shall consult with 
     Federal, Tribal, State, interstate, and local governmental 
     entities in carrying out the assessments authorized by this 
     section. In conducting such assessments, the Secretary may 
     accept contributions of services, materials, supplies and 
     cash from Federal, Tribal, State, interstate, and local 
     governmental entities where the Secretary determines that 
     such contributions will facilitate completion of the 
     assessments.
       ``(c) Cost Sharing Requirements.--The non-Federal share of 
     the cost of an assessment conducted under this section shall 
     be 25 percent of the cost of such assessment. The non-Federal 
     sponsor may provide the non-Federal cost-sharing requirement 
     through the provision cash or services, materials, supplies, 
     or other in-kind services. In no event shall such credit 
     exceed the non-Federal required share of costs for the 
     assessment.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000.''

     SEC. 5. BROWNFIELDS REVITALIZATION PROGRAM

       (a) General.--The Secretary shall, in consultation with the 
     Environmental Protection Agency and other appropriate 
     agencies, carry out a program to provide assistance to non-
     Federal interests in the remediation and restoration of 
     abandoned or idled industrial and commercial sites where such 
     assistance will improve the quality, conservation, and 
     sustainable use of the Nation's streams, rivers, lakes, 
     wetlands, and floodplains. Assistance may be in the form of 
     site characterizations, planning, design, and construction 
     projects. To the maximum extent practicable, projects 
     implemented by the Secretary under this section will be done 
     in cooperation and coordination with other Federal, Tribal, 
     State, and local efforts to maximize resources available for 
     the remediation, restoration, and redevelopment of brownfield 
     sites.
       (b) Justification for Assistance.--Notwithstanding any 
     economic justification provision or requirement of section 
     209 of the Flood Control Act of 1970 [42 U.S.C. 1962-2] or 
     economic justification provision of any other law, the 
     Secretary may determine that the assistance projects 
     authorized by subsection (a),
       (1) is justified by the public health and safety, and 
     environmental benefits; and
       (2) shall not need further economic justification if the 
     Secretary determines that the assistance is cost effective.
       (c) Cost Sharing.--
       (1) In general.--Prior to implementing any assistance 
     project under this section, the Secretary shall enter into a 
     binding agreement with the non-Federal interest, which shall 
     require the non-Federal interest to: (a) pay 50 percent of 
     the total costs of the assistance project; (b) acquire and 
     place in public ownership for so long as is necessary to 
     implement and complete the assistance project any lands, 
     easements, rights-of-way, and relocations necessary for 
     implementation and completion of the assistance project; (c) 
     pay 100 percent of any operation, maintenance, repair, 
     replacement, and rehabilitation costs associated with the 
     assistance project; and (d) hold and save harmless the United 
     States free from claims or damages due to implementation of 
     the assistance project, except for the negligence of the 
     Government or its contractors.
       (2) Credit.--The non-Federal interest shall receive credit 
     for the value of any lands, easements, rights-of-way, and 
     relocations provided for implementation and completion of 
     such assistance project. The Secretary also may afford credit 
     to a non-Federal interest for services, studies, supplies, 
     and other in-kind consideration where the Secretary 
     determines that such services, studies, supplies, and other 
     in-kind consideration will facilitate completion of the 
     assistance project. In no event shall such credit exceed the 
     50 percent non-Federal cost-sharing requirement.
       (d) Applicability of Other Federal and State Laws.--Nothing 
     in this section shall be construed as waiving, limiting, or 
     otherwise affecting the applicability of any provision of 
     Federal or State law.
       (e) Project Cost Limitation.--Not more than $5,000,000 in 
     Army Civil Works Appropriations funds may be allotted under 
     this section at any single site.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriate to carry out this section $25,000,000 for 
     each fiscal year from 2002 through 2005.
       (g) Program Evaluation.--Not later than December 31, 2005, 
     the Secretary shall submit to the Committee on Transportation 
     and Infrastructure of the House of Representatives and the 
     Committee on Environment and Public Works of the Senate a 
     report that discusses the program's performance objectives 
     and evaluates is effectiveness in achieving them, along with 
     any recommendations concerning continuation of the program.

     SEC. 6. TRIBAL PARTNERSHIP PROGRAM.

       (a) In General.--The Secretary is authorized, in 
     cooperation with Federally recognized Indian tribes and other 
     Federal agencies, to study and determine the feasibility of 
     implementing water resources development projects that will 
     substantially benefit Indian tribes, and are located 
     primarily within Indian country, as defined in 18 U.S.C. 
     1151, or in proximity to Alaska native villages. Studies 
     conducted under this authority may address, but are not 
     limited to, projects for flood damage reduction, 
     environmental restoration and protection, and preservation of 
     cultural and natural resources.
       (b) Consultation and Coordination.--the Secretary shall 
     consult with the Secretary of the Interior on studies 
     conducted under this section in recognition of the unique 
     role of the Secretary of the Interior regarding trust 
     responsibilities with Indian tribes, and in recognition of 
     mutual trust responsibilities. the Secretary shall integrate 
     Army Civil Works activities with activities of the Department 
     of the Interior to avoid conflicts, duplications of effort, 
     or unanticipated adverse effects to Indian tribes, and shall 
     consider existing authorities and programs of the Department 
     of the Interior and other Federal agencies in any 
     recommendations regarding implementation of project studied 
     under this section.
       (c) Ability To Pay.--Any cost-sharing agreement for a study 
     under this section shall be subject to the ability of a non-
     Federal interest to pay. The ability of any non-Federal 
     interest to pay shall be determined by the Secretary in 
     accordance with procedures established by the Secretary.
       (d) Credits.--For such studies conducted under this 
     section, the Secretary may afford credit to the tribe for 
     services, studies, supplies, and other in-kind consideration 
     where the Secretary determines that such services, studies, 
     supplies, and other-in-kind consideration will facilitate 
     completion of the project. In no event shall such credit 
     exceed the tribe's required share of costs for the study.
       (e) Authrorization of Appropriations.--There is authorized 
     to be appropriated to carry out subsection (a) of this 
     section $5,000,000 for each fiscal year, for fiscal years 
     2002 through 2006. Not more than $1,000,000 in Army Civil 
     Works appropriations may be allotted under this section for 
     any one tribe.
       (f) Definition.--For the purposes of this section the term 
     ``Indian tribes'' means any tribe, band, nation, or other 
     organized group of community of Indians, including any Alaska 
     Native village (as defined in, or established pursuant to, 
     the Alaska Native Claims Settlement Act [43 U.S.C.A. 
     Sec. 1601 et seq.] which is recognized as eligible for the 
     special programs and services provided by the United States 
     to Indians because of their status as Indians.

     SEC. 7. ABILITY TO PAY.

       Section 103(m) of Public Law 99-662 (33 U.S.C. 2213(m), as 
     amended) is amended by:
       (1) Deleting subsection ``(1)'' in its entirety and 
     inserting in lieu thereof the following language:

[[Page S2756]]

       ``(1) In general.--Any cost-sharing agreement under this 
     section for a feasibility study or for construction of an 
     environmental protection and restoration or flood control 
     project, or for construction of an agricultural water supply 
     project, shall be subject to the ability of a non-Federal 
     interest to pay.''
       (2) Deleting subsection ``(2)'' in its entirety and 
     inserting in lieu thereof the following language:
       ``(2) Criteria and procedures.--the ability of a non-
     Federal interest to pay shall be determined by the Secretary 
     in accordance with criteria and procedures in effect on the 
     day before the date of the enactment of the Water Resources 
     Development Act of 2000; except that such criteria and 
     procedures shall be revised, and new criteria and procedures 
     be developed, within 18 months after such date of enactment 
     to reflect the requirements of paragraph (3) of section 
     202(b) of the Water Resources Development Act of 1996 [110 
     STAT. 3674].''
       (3) adding the word ``and'' at the end of subsection 
     (3)(A)(ii)
       (4) Deleting subsection (3)(B) in its entirety.
       (5) Deleting subsection (3)(C) in its entirety and 
     inserting in lieu thereof the following language:
       ``(B) may consider additional criteria relating to the non-
     Federal interest's financial ability to carry out is cost-
     sharing responsibilities, or relating to additional 
     assistance that may be available for other Federal or State 
     sources.''

     SEC. 8. PROPERTY PROTECTION PROGRAM.

       (a) In General.--The Secretary is authorized to implement a 
     program to reduce vandalism and destruction of property at 
     water resources development projects under the jurisdiction 
     of the Department of the Army. In carrying out the program 
     the Secretary may provide rewards to individuals who provide 
     information or evidence leading to the arrest and prosecution 
     of individuals causing damage to Federal property, including 
     the payment of cash rewards.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated $500,000 annually to carry out this 
     section.

     SEC. 9. NATIONAL RECREATION RESERVATION SERVICE.

       Notwithstanding Section 611 of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (Pub. L. 105-
     277), the Secretary may participate in the National 
     Recreation Reservation Service on an interagency basis and-
     fund the Department of the Army's share of those activities 
     required for implementing, operating, and maintaining the 
     Service.

     SEC. 10. OPERATION AND MAINTENANCE OF HYDROELECTRIC 
                   FACILITIES.

       Section 314 of Public Law 101-640 (33 U.S.C. 2321) is 
     amended by inserting the following language immediately after 
     the phrase ``commercial activities'': ``where such activities 
     require specialized training related to hydroelectric power 
     generation. These activities would be subject to the labor 
     standards provisions in the Service Contract Act, 41. U.S.C. 
     351, and to the extent applicable, the Davis-Bacon Act, 40 
     U.S.C., Sections 276(a)-7.''

     SEC. 11. INTERAGENCY AND INTERNATIONAL SUPPORT.

       Section 234 of Public Law 104-303 (33 U.S.C. 2323a) is 
     amended--
       (1) in subsection (d) by deleting ``$1,000,000'' and 
     inserting $2,000,000.

     SEC. 12. REBURIAL AND TRANSFER AUTHORITY.

       (a) In General.--
       (1) Reburial.--The Secretary is authorized, in consultation 
     with the appropriate Indian tribes, to identify and set aside 
     areas at civil works projects managed by the Secretary that 
     may be used to reinter Native American remains that have been 
     discovered on project lands, and which have been rightfully 
     claimed by a lineal descendant or Indian tribe in accordance 
     with applicable Federal law. The Secretary, in consultation 
     and in consent with the lineal descendant or the respective 
     Indian tribe, is authorized to recover and rebury the remains 
     at such sites at full Federal expense.
       (2) Transfer authority.--Notwithstanding any provision of 
     law, the Secretary is authorized to transfer to the Indian 
     tribe the land identified by the Secretary in subsection (1) 
     for use as a cemetery. The Secretary shall retain any 
     necessary rights-of-way, easements, or other property 
     interests that the Secretary of the Army determines is 
     necessary to carry out the authorized project purpose.
       (b) Definition.--For the purposes of this section the term 
     ``Indian tribe'' means any tribe, band, nation, or other 
     organized group or community of Indians, including any Alaska 
     Native village (as defined in, or established pursuant to, 
     the Alaska Native Claims Settlement Act [43 U.S.C.A. 
     Sec. 1601 et seq.] which is recognized as eligible for the 
     special programs and services provided by the United States 
     to Indians because of their status as Indians.

     SEC. 13. AMENDMENT TO RIVERS AND HARBORS ACT.

       33 U.S.C. 401 is amended by adding the following language 
     at the end of the last sentence: ``The approval required by 
     this section of the location and plans, or any modification 
     of plans, for any dam or dike, applies only to any dam or 
     dike that would completely span a waterway currently used to 
     transport interstate or foreign commerce, in a manner that 
     actual, existing interstate or foreign commerce could be 
     adversely affected. Any other dam or dike proposed to be 
     built in any other navigable water of the United States shall 
     be regulated as a structure under 33 U.S.C. 403, and shall 
     not require approval under this section.''

     SEC. 14. STRUCTURAL FLOOD CONTROL COST-SHARING.

       (a) Section 103(a) of the Water Resources Development Act 
     of 1986 [100 Stat. 4084-4085] is amended by--
       (1) striking ``35'' whenever it appears in paragraph (2) 
     and inserting ``50 in lieu thereof;
       (2) deleting the word ``minimum'' in paragraph (2);
       (3) adding the following language to paragraph (2) 
     immediately after the last sentence in that paragraph: The 
     non-Federal share under paragraph (1) shall not exceed 50 
     percent of the cost of the project assigned to flood control. 
     The preceding sentence does not modify the requirement of 
     paragraph (1)(A) of this subsection.'', and
       (4) deleting paragraph (3) and (4) in their entirety.
       (b) Applicability.--The amendment made by this section 
     shall apply to any project or separable element thereof with 
     respect to which the Secretary and the non-Federal interest 
     have not entered into a project cooperation agreement on or 
     before the date of enactment of this Act.

     SEC. 15. CALFED BAY-DELTA PROGRAM ASSISTANCE.

       (a) In General.--The Secretary is authorized to participate 
     with the appropriate Federal and State agencies in the 
     planning and management activities associated with the CALFED 
     Bay Delta Program, and shall, to the maximum extent 
     practicable and in accordance with all applicable laws, 
     integrate the activities of the Army Corps of Engineers in 
     the San Joaquin and Sacramento River basins with the long-
     term goals of the CALFED Bay Delta Program.
       (b) Cooperative Activities.--In participating in the CALFED 
     Bay Delta Program as provided for in subsection (a) of this 
     section, the Secretary is authorized to accept and expend 
     funds from other Federal agencies and from non-Federal 
     public, private and non-profit entities to carry out 
     ecosystem restoration projects and activities associated with 
     the CALFED Bay Delta Program and may enter into contracts, 
     cooperative research and development agreements, and 
     cooperative agreements with Federal and non-Federal private, 
     public, and non-profit entities in carrying out these 
     projects and activities.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of the Army to carry out 
     activities under this section $5,000,000 for fiscal years 
     from 2002 through 2005.
       (d) Definition.--For purposes of this section, the area 
     covered by the CALFED Bay Delta Program is defined as the San 
     Francisco Bay, Sacramento-San Joaquin Delta Estuary and its 
     watershed (Bay-Delta Estuary) as identified in the Framework 
     Agreement Between the Governor's Water Policy Council of the 
     State of California and the Federal Ecosystem Directorate 
     (Club Fed).

     SEC. 16. PROJECT DE-AUTHORIZATIONS.

       Section 33 U.S.C. 579a is deleted in its entirety and the 
     following language inserted in lieu thereof:


                      ``project de-authorizations

       ``(a) Projects Never Under Construction.--
       ``(1) The Secretary shall transmit annually to Congress a 
     list of projects and separable elements of projects that have 
     been authorized for construction, but for which no 
     appropriations have been obligated for construction of the 
     project or separable element during the four consecutive 
     fiscal years preceding the transmittal of such list.
       ``(2) Any water resources project authorized for 
     construction, and any separable element of such a project, 
     shall be de-authorized after the last day of the 7-year 
     period beginning on the date of the project or separable 
     element's most recent authorization or reauthorization unless 
     funds have been obligated for construction of the project or 
     separable element.
       ``(b) Projects Where Construction Has Been Suspended.--
       ``(1) The Secretary shall transmit annually to Congress a 
     list of projects and separable elements of projects that have 
     been authorized for construction, and for which funds have 
     been obligated in the past for construction of the project or 
     separable element, but for which no appropriations have been 
     obligated for construction of the project or separable 
     element during the two consecutive fiscal years preceding the 
     transmittal of such list.
       ``(2) Any water resources project, and any separable 
     element of such a project, for which funds have been 
     obligated in the past for construction of the project or 
     separable element, shall be de-authorized if appropriations 
     specifically identified for construction of the project or 
     separable element (either in Statute or in the accompanying 
     legislative report language) have not been obligated for 
     construction of the project or separable element during any 
     five subsequent consecutive fiscal years.
       ``(c) Congressional Notifications.--Upon submission of the 
     lists under subsections (a) and (b), the Secretary shall 
     notify each Senator in whose State, and each Member of the 
     House of Representatives in whose district, the affected 
     project or separable element would be located.

[[Page S2757]]

       ``(d) Final De-authorization list.--The Secretary shall 
     publish annually in the Federal Register a list of all 
     projects or separable elements de-authorized under 
     subsections (a) and (b).
       ``(e) Definitions.--For purposes of this section, for non-
     structural flood control projects, the phrase `construction 
     of the project or separable element' means the acquisition of 
     lands, easements and rights-of-way primarily to relocate 
     structures, or the performance of physical work under a 
     construction contract for other non-structural measures. For 
     environmental protection and restoration projects, it means 
     the acquisition of lands, easements and rights-of-way 
     primarily to facilitate the restoration of wetlands or 
     similar habitats, or the performance of physical work under a 
     construction contract to modify existing project facilities 
     or to construct new environmental protection and restoration 
     measures. For all other water resources projects, it means 
     the performance of physical work under a construction 
     contract. In no case shall the term ``physical work under a 
     construction contract'', as used in this subsection, include 
     activities related to project planning, engineering and 
     design, relocation, or the acquisition of lands, easements, 
     and rights-of-way.
       ``(f) Effective Date of Provisions.--Subsections (a)(2) and 
     (b)(2) shall become effective three years after the date of 
     enactment of this Act.''

     SEC. 17. FLOODPLAIN MANAGEMENT REQUIREMENTS.

       (a) Section 402 of the Water Resources Development Act of 
     1986 [100 Stat. 4133] is amended by--
       (1) in subsection (c)(1) by deleting ``Within 6 months 
     after the date of the enactment of this subsection, the'' and 
     inserting ``The'';
       (2) by inserting ``that non-Federal interests shall adopt 
     and enforce'' after the word ``policies'' in the second 
     sentence in subsection (c)(1); and
       (3) by inserting at the end of subsection (c)(1) ``Such 
     guidelines shall also require non-Federal interests to take 
     measures to preserve the level of flood protection provided 
     by the project for which subsection (a) applies.''
       (b) Applicability.--The amendment made by this section 
     shall apply to any project or separable element thereof with 
     respect to which the Secretary and the non-Federal interest 
     have not entered into a project cooperation agreement on or 
     before the date of enactment of this Act.

     SEC. 18. STUDY OF TRANSFER OF PROJECT LANDS.

       ``(a) In General.--
       ``(1) Study of Transfer.--The Secretary is authorized to 
     conduct a feasibility study in cooperation with the Secretary 
     of the Interior, the state of * * * and with the affected 
     Indian tribes, for the transfer to the Secretary of Interior 
     the land described in subsection (b) to be held in trust for 
     the benefit of the respective Indian tribes.
       ``(b) Lands To Be Studied.--The land authorized to be 
     studied for transfer is land that--
       (1) was acquired by the Secretary for the implementation of 
     the Pick-Sloan Missouri River Basin program; and
       (2) is located within the external boundaries of the 
     reservations of the Three Affiliated Tribes of the Fort 
     Berthold Reservation, N.D., the Standing Rock Sioux Tribe of 
     North and South Dakota, the Crow Creek Sioux Tribe of the 
     Crow Creek Reservation, SD, the Yankton Sioux Tribe of South 
     Dakota, and the Flandreau Santee Sioux Tribe of South Dakota.
       ``(c) Definition.--For the purposes of this section the 
     term ``Indian tribe'' means any tribe, band, nation, or other 
     organized group or community of Indians, including any Alaska 
     Native village (as defined in, or established pursuant to, 
     the Alaska Native Claims Settlement Act [43 U.S.C.A. 
     Sec. 1601 et seq.] which is recognized as eligible for the 
     special programs and services provided by the United States 
     to Indians because of their status as Indians.

     SEC. 19. PUGET SOUND AND ADJACENT WATERS RESTORATION.

       ``(a) In General.--The Secretary is authorized to 
     participate in Critical Restoration Projects in the area of 
     the Puget Sound and its adjacent waters, including the 
     watersheds that drain directly into Puget Sound, Admiralty 
     Inlet, Hood Canal, Rosario Strait, and the eastern portion of 
     the Strait of Juan de Fuca.
       ``(b) Definition.--``Critical Restoration Projects'' are 
     those projects that will produce, consistent with existing 
     Federal programs, projects and activities, immediate and 
     substantial restoration, preservation and ecosystem 
     protection benefits.
       ``(c) Project Selection.--The Secretary, with the 
     concurrence of the Secretaries of the Interior and Commerce, 
     and in consultation with other appropriate Federal, Tribal, 
     State, and local agencies, may identify critical restoration 
     projects and may implement those projects after entering into 
     an agreement with an appropriate non-Federal interest in 
     accordance with the requirements of section 221 of the Flood 
     Control Act of 1970, as amended (42 U.S.C. 1962d-5b) and this 
     section.
       ``(d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Department of the Army to pay the 
     Federal share of the cost of carrying out projects under this 
     section $10,000,000.
       ``(e) Project Cost Limitation.--Not more than $2,500,000 in 
     Army Civil Works appropriations Federal funds may be 
     allocated to carrying out any one project under this section.
       ``(c) Cost Sharing.--
       ``(1) In general.--Prior to implementing any project under 
     this section, the Secretary shall enter into a binding 
     agreement with the non-Federal interest, which shall require 
     the non-Federal interest to: (a) pay 35 percent of the total 
     costs of the project; (b) acquire any lands, easements, 
     rights-of-way, relocations, and dredged material disposal 
     areas necessary for implementation of the project; (c) pay 
     100 percent of the operation, maintenance, repair, 
     replacement, and rehabilitation costs associated with the 
     project; and (d) hold and save harmless the United States 
     free from claims or damages due to implementation of the 
     assistance project, except for the negligence of the 
     Government or its contractors.
       (2) Credit.--The non-Federal interest shall receive credit 
     for the value of any lands, easements, rights-of-way, 
     relocations, and dredged material disposal areas provided for 
     implementation and completion of such assistance project. The 
     non-Federal interest may provide up to 50 percent of the non-
     Federal cost-sharing requirement through the provision of 
     services, materials, supplies, or other in-kind 
     services.
                                 ______