[Congressional Record (Bound Edition), Volume 145 (1999), Part 5]
[Senate]
[Pages 6815-6819]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                WATER RESOURCES DEVELOPMENT ACT OF 1999

                                 ______
                                 

                        CHAFEE AMENDMENT NO. 253

  Mr. CRAIG (for Mr. Chafee) proposed an amendment to the bill (S. 507) 
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; as follows:

       On page 135, strike lines 4 through 11 and insert the 
     following:
       (18) Baltimore harbor anchorages and channels, maryland and 
     virginia.--
       (A) In general.--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 $28,426,000, with an estimated Federal cost of $18,994,000 
     and an estimated non-Federal cost of $9,432,000.
       (B) Credit or reimbursement.--If a project cooperation 
     agreement is entered into, the non-Federal interest shall 
     receive credit or reimbursement of the Federal share of 
     project costs for construction work performed by the non-
     Federal interest before execution of the project cooperation 
     agreement if the Secretary finds the work to be integral to 
     the project.
       (C) Study of modifications.--During the preconstruction 
     engineering and design phase of the project, the Secretary 
     shall conduct a study to determine the feasibility of 
     undertaking further modifications to the Dundalk Marine 
     Terminal access channels, consisting of--
       (i) deepening and widening the Dundalk access channels to a 
     depth of 50 feet and a width of 500 feet;
       (ii) widening the flares of the access channels; and
       (iii) providing a new flare on the west side of the 
     entrance to the east access channel.
       (D) Report.--
       (i) In general.--Not later than March 1, 2000, the 
     Secretary shall submit to Congress a report on the study 
     under subparagraph (C).
       (ii) Contents.--The report shall include a determination 
     of--

       (I) the feasibility of performing the project modifications 
     described in subparagraph (C); and
       (II) the appropriateness of crediting or reimbursing the 
     Federal share of the cost of the work performed by the non-
     Federal interest on the project modifications.

       On page 137, after line 25, add the following:
       (3) Arroyo pasajero, california..--The project for flood 
     damage reduction, Arroyo Pasajero, California, at a total 
     cost of $260,700,000, with an estimated first Federal cost of 
     $170,100,000 and an estimated first non-Federal cost of 
     $90,600,000.
       On page 138, line 1, strike ``(3)'' and insert ``(4)''.
       On page 138, line 7, strike ``(4)'' and insert ``(5)''.
       On page 138, between lines 17 and 18, insert the following:
       (6) Success dam, tule river basin, california.--The project 
     for flood damage reduction and water supply, Success Dam, 
     Tule River basin, California, at a total cost of $17,900,000, 
     with an estimated first Federal cost of $11,635,000 and an 
     estimated first non-Federal cost of $6,265,000.
       On page 138, line 18, strike ``(5)'' and insert ``(7)''.
       On page 139, line 10, strike ``(6)'' and insert ``(8)''.
       On page 140, line 1, strike ``(7)'' and insert ``(9)''.
       On page 140, line 6, strike ``(8)'' and insert ``(10)''.
       On page 140, line 13, strike ``(9)'' and insert ``(11)''.
       On page 140, line 19, strike ``(10)'' and insert ``(12)''.
       On page 142, line 11, strike ``(11)'' and insert ``(13)''.
       On page 142, line 18, strike ``(12)'' and insert ``(14)''.
       On page 143, line 7, strike ``(13)'' and insert ``(15)''.
       On page 143, line 14, strike ``(14)'' and insert ``(16)''.
       On page 143, line 20, strike ``(15)'' and insert ``(17)''.
       On page 144, line 10, strike ``(16)'' and insert ``(18)''.
       On page 145, line 1, strike ``(17)'' and insert ``(19)''.
       On page 145, line 5, strike ``$182,423,000'' and insert 
     ``$176,700,000''.
       On page 145, line 6, strike ``$106,132,000'' and insert 
     ``$116,900,000''.
       On page 145, line 8, strike ``$76,291,000'' and insert 
     ``$59,800,000''.
       On page 145, line 14, strike ``(18)'' and insert ``(20)''.
       On page 146, line 3, strike ``(19)'' and insert ``(21)''.
       On page 146, line 9, strike ``(20)'' and insert ``(22)''.
       On page 147, line 21, strike ``$8,137,000'' and insert 
     $1,251,000''.
       On page 147, line 22, strike ``$6,550,000'' and insert 
     ``$1,007,000''.
       On page 147, line 23, strike ``$1,587,000'' and insert 
     ``$244,000''.
       On page 149, after line 24, add the following:
       (1) Fort pierce shore protection, florida.--
       (A) In general.--The Fort Pierce, Florida, shore protection 
     and harbor mitigation project authorized by section 301 of 
     the River and Harbor Act of 1965 (79 Stat. 1092) and section 
     506(a)(2) of the Water Resources Development Act of 1996 (110 
     Stat. 3757) is modified to include an additional 1-mile 
     extension of the project and increased Federal participation 
     in accordance with section 101(c) of the Water Resources 
     Development Act of 1986 (33 U.S.C. 2211(c)), as described in 
     the general reevaluation report approved by the Chief of 
     Engineers, at an estimated total cost of $9,128,000, with an 
     estimated Federal cost of $7,074,000 and an estimated non-
     Federal cost of $2,054,000.
       (B) Periodic nourishment.--Periodic nourishment is 
     authorized for a 50-year period for the modified project, at 
     an estimated annual cost of $559,000, with an estimated 
     annual Federal cost of $433,000 and an estimated annual non-
     Federal cost of $126,000.
       On page 150, line 1, strike ``(1)'' and insert ``(2)''.
       On page 151, line 12, strike ``(2)'' and insert ``(3)''.
       On page 154, line 4, strike ``Redesignations'' and insert 
     ``Redesignations as part of the 6-foot anchorage''.
       On page 155, strike lines 10 and 11 and insert the 
     following:
       (D) Redesignation as part of the 6-foot channel.--The 
     following portion of the project shall be redesignated as 
     part of the 6-foot channel: the portion the boundaries of 
     which begin at a
       On page 156, strike lines 4 and 5 and insert the following:
       (E) Realignment.--The portion of the project described in 
     subparagraph (D) shall be
       On page 156, line 20, strike ``(E)'' and insert ``(F)''.
       On page 156, between lines 22 and 23, insert the following:
       (G) Conservation easement.--The Secretary of the Interior, 
     acting through the Director of the United States Fish and 
     Wildlife Service, may accept a conveyance of the right, but 
     not the obligation, to enforce a conservation easement to be 
     held by the State of Maine over certain land owned by the 
     town of Wells, Maine, that is adjacent to the Rachel Carson 
     National Wildlife Refuge.
       On page 156, line 23, strike ``(3)'' and insert ``(4)''.
       On page 157, between lines 14 and 15, insert the following:
       (5) Willamette river temperature control, mckenzie 
     subbasin, oregon.--The project for environmental restoration, 
     Willamette River Temperature Control, McKenzie Subbasin, 
     Oregon, authorized by section 101(a)(25) of the Water 
     Resources Development Act of 1996 (110 Stat. 3665), is 
     modified to authorize the Secretary to construct the project 
     at a total Federal cost of $64,741,000.
       On page 169, between lines 15 and 16, insert the following:
       (u) Lee County, Captiva Island Segment, Florida.--

[[Page 6816]]

       (1) In general.--The project for shoreline protection, Lee 
     County, Captiva Island segment, Florida, authorized by 
     section 506(b)(3)(A) of the Water Resources Development Act 
     of 1996 (110 Stat. 3758), is modified to direct the Secretary 
     to enter into an agreement with the non-Federal interest to 
     carry out the project in accordance with section 206 of the 
     Water Resources Development Act of 1992 (33 U.S.C. 426i-1).
       (2) Decision document.--The design memorandum approved in 
     1996 shall be the decision document supporting continued 
     Federal participation in cost sharing of the project.
       (v) Columbia River Channel, Washington and Oregon.--
       (1) In general.--The project for navigation, Columbia River 
     between Vancouver, Washington, and The Dalles, Oregon, 
     authorized by the first section of the Act of July 24, 1946 
     (60 Stat. 637, chapter 595), is modified to authorize the 
     Secretary to construct an alternate barge channel to traverse 
     the high span of the Interstate Route 5 bridge between 
     Portland, Oregon, and Vancouver, Washington, to a depth of 17 
     feet, with a width of approximately 200 feet through the high 
     span of the bridge and a width of approximately 300 feet 
     upstream of the bridge.
       (2) Distance upstream.--The channel shall continue upstream 
     of the bridge approximately 2,500 feet to about river mile 
     107, then to a point of convergence with the main barge 
     channel at about river mile 108.
       (3) Distance downstream.--
       (A) Southern edge.--The southern edge of the channel shall 
     continue downstream of the bridge approximately 1,500 feet to 
     river mile 106+10, then turn northwest to tie into the edge 
     of the Upper Vancouver Turning Basin.
       (B) Northern edge.--The northern edge of the channel shall 
     continue downstream of the bridge to the Upper Vancouver 
     Turning Basin.
       On page 171, between lines 12 and 13, insert the following:
       (d) Carvers Harbor, Vinalhaven, Maine.--
       (1) Deauthorization.--The portion of the project for 
     navigation, Carvers Harbor, Vinalhaven, Maine, authorized by 
     the Act of June 3, 1896 (commonly known as the ``River and 
     Harbor Appropriations Act of 1896'') (29 Stat. 202, chapter 
     314), described in paragraph (2) is not authorized after the 
     date of enactment of this Act.
       (2) Description.--The portion of the project referred to in 
     paragraph (1) is the portion of the 16-foot anchorage 
     beginning at a point with coordinates N137,502.04, 
     E895,156.83, thence running south 6 degrees 34 minutes 57.6 
     seconds west 277.660 feet to a point N137,226.21, 
     E895,125.00, thence running north 53 degrees, 5 minutes 42.4 
     seconds west 127.746 feet to a point N137,302.92, E895022.85, 
     thence running north 33 degrees 56 minutes 9.8 seconds east 
     239.999 feet to the point of origin.
       On page 171, line 13, strike ``(d)'' and insert ``(e)''.
       On page 171, after line 23, add the following:
       (f) Searsport Harbor, Searsport, Maine.--
       (1) Deauthorization.--The portion of the project for 
     navigation, Searsport Harbor, Searsport, Maine, authorized by 
     section 101 of the River and Harbor Act of 1962 (76 Stat. 
     1173), described in paragraph (2) is not authorized after the 
     date of enactment of this Act.
       (2) Description.--The portion of the project referred to in 
     paragraph (1) is the portion of the 35-foot turning basin 
     beginning at a point with coordinates N225,008.38, 
     E395,464.26, thence running north 43 degrees 49 minutes 53.4 
     seconds east 362.001 feet to a point N225,269.52, 
     E395,714.96, thence running south 71 degrees 27 minutes 33.0 
     seconds east 1,309.201 feet to a point N224,853.22, 
     E396,956.21, thence running north 84 degrees 3 minutes 45.7 
     seconds west 1,499.997 feet to the point of origin.
       On page 172, between lines 11 and 12, insert the following:
       (b) Boydsville, Arkansas.--The Secretary shall conduct a 
     study to determine the feasibility of reservoir and 
     associated improvements to provide for flood control, 
     recreation, water quality, water supply, and fish and 
     wildlife purposes in the vicinity of Boydsville, Arkansas.
       (c) Union County, Arkansas.--The Secretary shall conduct a 
     study to determine the feasibility of municipal and 
     industrial water supply for Union County, Arkansas.
       (d) White River Basin, Arkansas and Missouri.--
       (1) In general.--The Secretary shall conduct a study of the 
     project for flood control, power generation, and other 
     purposes at the White River Basin, Arkansas and Missouri, 
     authorized by section 4 of the Act of June 28, 1938 (52 Stat. 
     1218, chapter 795), and modified by H. Doc. 917, 76th Cong., 
     3d Sess., and H. Doc. 290, 77th Cong., 1st Sess., approved 
     August 18, 1941, and H. Doc. 499, 83d Cong., 2d Sess., 
     approved September 3, 1954, and by section 304 of the Water 
     Resources Development Act of 1996 (110 Stat. 3711) to 
     determine the feasibility of modifying the project to provide 
     minimum flows necessary to sustain the tail water trout 
     fisheries.
       (2) Report.--Not later than July 30, 2000, the Secretary 
     shall submit to Congress a report on the study and any 
     recommendations on reallocation of storage at Beaver Lake, 
     Table Rock, Bull Shoals Lake, Norfolk Lake, and Greers Ferry 
     Lake.
       On page 172, line 12, strike ``(b)'' and insert ``(e)''.
       On page 172, after line 25, add the following:
       (f) Frazier Creek, Tulare County, California.--The 
     Secretary shall conduct a study to determine--
       (1) the feasibility of restoring Frazier Creek, Tulare 
     County, California; and
       (2) the Federal interest in flood control, environmental 
     restoration, conservation of fish and wildlife resources, 
     recreation, and water quality of the creek.
       On page 173, line 1, strike ``(c)'' and insert ``(g)''.
       On page 173, line 7, strike ``(d)'' and insert ``(h)''.
       On page 173, line 12, strike ``(e)'' and insert ``(i)''.
       On page 173, line 20, strike ``(f)'' and insert ``(j)''.
       On page 174, line 1, strike ``(g)'' and insert ``(k)''.
       On page 174, line 8, strike ``(h)'' and insert ``(l)''.
       On page 174, line 18, strike ``(i)'' and insert ``(m)''.
       On page 174, after line 24, add the following:
       (n) Boise, Idaho.--The Secretary shall conduct a study to 
     determine the feasibility of undertaking flood control on the 
     Boise River in Boise, Idaho.
       On page 175, line 1, strike ``(j)'' and insert ``(o)''.
       On page 175, line 7, strike ``(k)'' and insert ``(p)''.
       On page 175, between lines 11 and 12, insert the following:
       (q) Bank Stabilization, Snake River, Lewiston, Idaho.--The 
     Secretary shall conduct a study to determine the feasibility 
     of undertaking bank stabilization and flood control on the 
     Snake River at Lewiston, Idaho.
       On page 175, line 12, strike ``(l)'' and insert ``(r)''.
       On page 175, line 16, strike ``(m)'' and insert ``(s)''.
       On page 175, line 21, strike ``(n)'' and insert ``(t)''.
       On page 176, line 1, strike ``(o)'' and insert ``(u)''.
       On page 176, line 6, strike ``(p)'' and insert ``(v)''.
       On page 176, line 10, strike ``(q)'' and insert ``(w)''.
       On page 176, line 15, strike ``(r)'' and insert ``(x)''.
       On page 177, strike lines 1 and 2 and insert the following:

     compaction, subsidence, wind and wave action, bank failure, 
     and other problems relating to water resources in the area.
       On page 177, line 3, strike ``(s)'' and insert ``(y)''.
       On page 177, line 11, strike ``(t)'' and insert ``(z)''.
       On page 177, between lines 21 and 22, insert the following:
       (aa) Muddy River, Brookline and Boston, Massachusetts.--
       (1) In general.--The Secretary shall evaluate the January 
     1999 study commissioned by the Boston Parks and Recreation 
     Department, Boston, Massachusetts, and entitled ``The Emerald 
     Necklace Environmental Improvement Master Plan, Phase I Muddy 
     River Flood Control, Water Quality and Habitat Enhancement'', 
     to determine whether the plans outlined in the study for 
     flood control, water quality, habitat enhancements, and other 
     improvements to the Muddy River in Brookline and Boston, 
     Massachusetts, are cost-effective, technically sound, 
     environmentally acceptable, and in the Federal interest.
       (2) Report.--Not later than December 31, 1999, the 
     Secretary shall report to Congress the results of the 
     evaluation.
       On page 177, line 22, strike ``(u)'' and insert ``(bb)''.
       On page 178, line 9, strike ``(v)'' and insert ``(cc)''.
       On page 178, line 13, strike ``(w)'' and insert ``(dd)''.
       On page 178, between lines 18 and 19, insert the following:
       (ee) Dredged Material Management, Pascagoula Harbor, 
     Mississippi.--
       (1) In general.--The Secretary shall conduct a study to 
     determine an alternative plan for dredged material management 
     for the Pascagoula River portion of the project for 
     navigation, Pascagoula Harbor, Mississippi, authorized by 
     section 202(a) of the Water Resources Development Act of 1986 
     (100 Stat. 4094).
       (2) Contents.--The study under paragraph (1) shall--
       (A) include an analysis of the feasibility of expanding the 
     Singing River Island Disposal Area or constructing a new 
     dredged material disposal facility; and
       (2) identify methods of managing and reducing sediment 
     transport into the Federal navigation channel.
       On page 178, line 19, strike ``(x)'' and insert ``(ff)''.
       On page 179, line 6, strike ``(y)'' and insert ``(gg)''.
       On page 179, line 19, strike ``April 15, 1999,'' and insert 
     ``April 15, 2000,''.

[[Page 6817]]

       On page 179, line 22, strike ``(z)'' and insert ``(hh)''.
       On page 180, line 13, strike ``(aa)'' and insert ``(ii)''.
       On page 180, line 21, strike ``(bb)'' and insert ``(jj)''.
       On page 181, line 1, strike ``(cc)'' and insert ``(kk)''.
       Beginning on page 182, strike line 4 and all that follows 
     through page 184, line 8.
       On page 184, line 9, strike ``(ee)'' and insert ``(ll)''.
       On page 184, line 13, strike ``(ff) East Lake, Vermillion 
     and'' and insert ``(mm)''.
       On page 184, line 16, strike ``East Lake, Vermillion and''.
       On page 184, line 22, strike ``(gg)'' and insert ``(nn)''.
       On page 185, line 1, strike ``(hh)'' and insert ``(oo)''.
       On page 185, line 7, strike ``(ii)'' and insert ``(pp)''.
       On page 185, line 11, strike ``(jj)'' and insert ``(qq)''.
       On page 186, between lines 6 and 7, insert the following:
       (rr) Contaminated Dredged Material and Sediment Management, 
     South Carolina Coastal Areas.--
       (1) In general.--The Secretary shall review pertinent 
     reports and conduct other studies and field investigations to 
     determine the best available science and methods for 
     management of contaminated dredged material and sediments in 
     the coastal areas of South Carolina.
       (2) Focus.--In carrying out subsection (a), the Secretary 
     shall place particular focus on areas where the Corps of 
     Engineers maintains deep draft navigation projects, such as 
     Charleston Harbor, Georgetown Harbor, and Port Royal, South 
     Carolina.
       (3) Cooperation.--The studies shall be conducted in 
     cooperation with the appropriate Federal and State 
     environmental agencies.
       On page 186, line 7, strike ``(kk)'' and insert ``(ss)''.
       On page 186, line 15, strike ``(ll)'' and insert ``(tt)''.
       On page 187, between lines 2 and 3, insert the following:
       (uu) Mount St. Helens Environmental Restoration, 
     Washington.--
       (1) In general.--The Secretary shall conduct a study to 
     determine the feasibility of ecosystem restoration 
     improvements throughout the Cowlitz and Toutle River basins, 
     Washington, including the 6,000 acres of wetland, riverine, 
     riparian, and upland habitats lost or altered due to the 
     eruption of Mount St. Helens in 1980 and subsequent emergency 
     actions.
       (2) Requirements.--In carrying out the study, the Secretary 
     shall--
       (A) work in close coordination with local governments, 
     watershed entities, the State of Washington, and other 
     Federal agencies; and
       (B) place special emphasis on--
       (i) conservation and restoration strategies to benefit 
     species that are listed or proposed for listing as threatened 
     or endangered species under the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.); and
       (ii) other watershed restoration objectives.
       On page 187, line 3, strike ``(mm)'' and insert ``(vv)''.
       On page 187, line 9, strike ``(nn)'' and insert ``(ww)''.
       On page 187, line 14, strike ``(oo)'' and insert ``(xx)''.
       On page 187, line 20, strike ``(pp)'' and insert ``(yy)''.
       On page 187, line 25, strike ``(qq)'' and insert ``(zz)''.
       On page 189, between lines 3 and 4, insert the following:
       (aaa) Great Lakes Navigational System.--In consultation 
     with the St. Lawrence Seaway Development Corporation, the 
     Secretary shall review the Great Lakes Connecting Channel and 
     Harbors Report dated March 1985 to determine the feasibility 
     of any modification of the recommendations made in the report 
     to improve commercial navigation on the Great Lakes 
     navigation system, including locks, dams, harbors, ports, 
     channels, and other related features.
       On page 192, strike lines 6 through 14 and insert the 
     following:
       (e) Priority Areas.--In carrying out this section, the 
     Secretary shall examine the potential for flood damage 
     reductions at appropriate locations, including--
       (1) Los Angeles County drainage area, California;
       (2) Napa River Valley watershed, California;
       (3) Le May, Missouri;
       (4) the upper Delaware River basin, New York;
       (5) Mill Creek, Cincinnati, Ohio;
       (6) Tillamook County, Oregon;
       (7) Willamette River basin, Oregon;
       (8) Delaware River, Pennsylvania;
       (9) Schuylkill River, Pennsylvania; and
       (10) Providence County, Rhode Island.
       On page 203, strike lines 19 through 24 and insert the 
     following:

     SEC. 214. CONTROL OF AQUATIC PLANT GROWTH.

       Section 104(a) of the River and Harbor Act of 1958 (33 
     U.S.C. 610(a)) is amended in the first sentence by striking 
     ``water-hyacinth, alligatorweed, Eurasian water milfoil, 
     melaleuca,'' and inserting ``Alligatorweed, Aquaticum, Arundo 
     Dona, Brazilian Elodea, Cabomba, Melaleuca, Myrophyllum, 
     Spicatum, Tarmarix, Water Hyacinth,''.
       On page 205, line 11, strike the quotation marks and the 
     semicolon.
       On page 205, between lines 11 and 12, insert the following:
       ``(24) Columbia Slough watershed, Oregon.'';
       On page 211, strike line 8 and insert the following:

     SEC. 223. JOHN GLENN GREAT LAKES BASIN PROGRAM.

       On page 220, strike lines 4 through 8 and insert the 
     following:

     SEC. 229. ATLANTIC COAST OF NEW YORK.

       Section 404(c) of the Water Resources Development Act of 
     1992 (106 Stat. 4863) is amended by inserting after ``1997'' 
     the following: ``and an additional total of $2,500,000 for 
     fiscal years thereafter''.
       On page 221, between lines 11 and 12, insert the following:

     SEC. 231. MISSISSIPPI RIVER COMMISSION.

       Notwithstanding any other provision of law, a member of the 
     Mississippi River Commission (other than the president of the 
     Commission) shall receive annual pay of $21,500.

     SEC. 232. USE OF PRIVATE ENTERPRISES.

       (a) Inventory and Review.--The Secretary shall inventory 
     and review all activities of the Corps of Engineers that are 
     not inherently governmental in nature in accordance with the 
     Federal Activities Inventory Reform Act of 1998 (31 U.S.C. 
     501 note; Public Law 105-270).
       (b) Considerations.--In determining whether to commit to 
     private enterprise the performance of architectural or 
     engineering services (including surveying and mapping 
     services), the Secretary shall take into consideration 
     professional qualifications as well as cost.
       On page 233, lines 21 and 22, strike ``equally between the 
     programs authorized by paragraph (1)(A)'' and insert 
     ``between the programs authorized by paragraph (1)(A) in 
     amounts that are proportionate to the amounts authorized to 
     be appropriated to carry out those programs, respectively''.
       On page 238, strike lines 15 through 22 and insert the 
     following:

     SEC. 316. NINE MILE RUN HABITAT RESTORATION, PENNSYLVANIA.

       If the Secretary determines that the documentation is 
     integral to the project, the Secretary shall credit against 
     the non-Federal share such costs, not to exceed $1,000,000, 
     as are incurred by the non-Federal interests in preparing the 
     environmental restoration report, planning and design-phase 
     scientific and engineering technical services documentation, 
     and other preconstruction documentation for the habitat 
     restoration project, Nine Mile Run, Pennsylvania.
       On page 248, after line 22, add the following:

     SEC. 332. PINE FLAT DAM, KINGS RIVER, CALIFORNIA.

       Under the authority of section 1135(a) of the Water 
     Resources Development Act of 1986 (33 U.S.C. 2309a), the 
     Secretary shall carry out a project to construct a turbine 
     bypass at Pine Flat Dam, Kings River, California, in 
     accordance with the Project Modification Report and 
     Environmental Assessment dated September 1996.

     SEC. 333. LEVEES IN ELBA AND GENEVA, ALABAMA.

       (a) Elba, Alabama.--
       (1) In general.--The Secretary may repair and rehabilitate 
     a levee in the city of Elba, Alabama, at a total cost of 
     $12,900,000.
       (2) Cost sharing.--The non-Federal share of the cost of 
     repair and rehabilitation under paragraph (1) shall be 35 
     percent.
       (b) Geneva, Alabama.--
       (1) In general.--The Secretary may repair and rehabilitate 
     a levee in the city of Geneva, Alabama, at a total cost of 
     $16,600,000.
       (2) Cost sharing.--The non-Federal share of the cost of 
     repair and rehabilitation under paragraph (1) shall be 35 
     percent.

     SEC. 334. TORONTO LAKE AND EL DORADO LAKE, KANSAS.

       (a) In General.--The Secretary shall convey to the State of 
     Kansas, by quitclaim deed and without consideration, all 
     right, title, and interest of the United States in and to the 
     2 parcels of land described in subsection (b) on which 
     correctional facilities operated by the Kansas Department of 
     Corrections are situated.
       (b) Land Description.--The parcels of land referred to in 
     subsection (a) are--
       (1) the parcel located in Butler County, Kansas, adjacent 
     to the El Dorado Lake Project, consisting of approximately 
     32.98 acres; and
       (2) the parcel located in Woodson County, Kansas, adjacent 
     to the Toronto Lake Project, consisting of approximately 
     51.98 acres.
       (c) Conditions.--
       (1) Use of land.--A conveyance of a parcel under subsection 
     (a) shall be subject to the condition that all right, title, 
     and interest in and to the parcel conveyed under subsection 
     (a) shall revert to the United States if the parcel is used 
     for a purpose other than that of a correctional facility.
       (2) Costs.--The Secretary may require such additional 
     terms, conditions, reservations, and restrictions in 
     connection with the conveyance as the Secretary determines 
     are necessary to protect the interests of the United States, 
     including a requirement that

[[Page 6818]]

     the State pay all reasonable administrative costs associated 
     with the conveyance.

     SEC. 335. SAN JACINTO DISPOSAL AREA, GALVESTON, TEXAS.

       Section 108 of the Energy and Water Development 
     Appropriations Act, 1994 (107 Stat. 1320), is amended in the 
     first sentence of subsection (a) and in subsection (b)(1) by 
     striking ``fee simple absolute title'' each place it appears 
     and inserting ``fee simple title to the surface estate 
     (without the right to use the surface of the property for the 
     production of minerals)''.

     SEC. 336. ENVIRONMENTAL INFRASTRUCTURE.

       Section 219(e)(1) of the Water Resources Development Act of 
     1992 (106 Stat. 4835; 110 Stat. 3757) is amended by striking 
     ``$10,000,000'' and inserting ``$15,000,000''.

     SEC. 337. WATER MONITORING STATION.

       Section 584(b) of the Water Resources Development Act of 
     1996 (110 Stat. 3791) is amended by striking ``$50,000'' and 
     inserting ``$100,000''.

     SEC. 338. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

       (a) Development.--The Secretary shall develop a plan to 
     address water and related land resources problems in the 
     upper Mississippi River basin and the Illinois River basin, 
     extending from Cairo, Illinois, to the headwaters of the 
     Mississippi River, to determine the feasibility of systemic 
     flood damage reduction by means of--
       (1) structural and nonstructural flood control and 
     floodplain management strategies;
       (2) continued maintenance of the navigation project;
       (3) management of bank caving, erosion, watershed nutrients 
     and sediment, habitat, and recreation; and
       (4) other related means.
       (b) Contents.--The plan shall contain recommendations for--
       (1) management plans and actions to be carried out by 
     Federal and non-Federal entities;
       (2) construction of a systemic flood control project in 
     accordance with a plan for the upper Mississippi River;
       (3) Federal action, where appropriate; and
       (4) follow-on studies for problem areas for which data or 
     current technology does not allow immediate solutions.
       (c) Consultation and Use of Existing Data.--In developing 
     the plan, the Secretary shall--
       (1) consult with appropriate State and Federal agencies; 
     and
       (2) make maximum use of--
       (A) data and programs in existence on the date of enactment 
     of this Act; and
       (B) efforts of States and Federal agencies.
       (d) Report.--Not later than 3 years after the date of 
     enactment of this Act, 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 includes the plan.

     SEC. 339. MCNARY LOCK AND DAM, WASHINGTON.

       (a) In General.--The Secretary may convey to a port 
     district or a port authority--
       (1) without the payment of additional consideration, any 
     remaining right, title, and interest of the United States in 
     property acquired for the McNary Lock and Dam, Washington, 
     project and subsequently conveyed to the port district or a 
     port authority under section 108 of the River and Harbor Act 
     of 1960 (33 U.S.C. 578); and
       (2) at fair market value, as determined by the Secretary, 
     all right, title, and interest of the United States in such 
     property under the jurisdiction of the Secretary relating to 
     the project as the Secretary considers appropriate.
       (b) Conditions, Reservations, and Restrictions.--A 
     conveyance under subsection (a) shall be subject to--
       (1) such conditions, reservations, and restrictions as the 
     Secretary determines to be necessary for the development, 
     maintenance, or operation or the project or otherwise in the 
     public interest; and
       (2) the payment by the port district or port authority of 
     all administrative costs associated with the conveyance.

     SEC. 340. MC NARY NATIONAL WILDLIFE REFUGE.

       (a) Transfer of Administrative Jurisdiction.--
     Administrative jurisdiction over the McNary National Wildlife 
     Refuge is transferred from the Secretary to the Secretary of 
     the Interior.
       (b) Land Exchange With the Port of Walla Walla, 
     Washington.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Interior may 
     exchange approximately 188 acres of land located south of 
     Highway 12 and comprising a portion of the McNary National 
     Wildlife Refuge for approximately 122 acres of land owned by 
     the Port of Walla Walla, Washington, and located at the 
     confluence of the Snake River and the Columbia River.
       (2) Terms and conditions.--The land exchange under 
     paragraph (1) shall be carried out in accordance with such 
     terms and conditions as the Secretary of the Interior 
     determines to be necessary to protect the interests of the 
     United States, including a requirement that the Port pay--
       (A) reasonable administrative costs (not to exceed $50,000) 
     associated with the exchange; and
       (B) any excess (as determined by the Secretary of the 
     Interior) of the fair market value of the parcel conveyed by 
     the Secretary of the Interior over the fair market value of 
     the parcel conveyed by the Port.
       (3) Use of funds.--The Secretary of the Interior may retain 
     any funds received under paragraph (2)(B) and, without 
     further Act of appropriation, may use the funds to acquire 
     replacement habitat for the Mid-Columbia River National 
     Wildlife Refuge Complex.
       (c) Management.--The McNary National Wildlife Refuge and 
     land conveyed by the Port of Walla Walla, Washington, under 
     subsection (b) shall be managed in accordance with applicable 
     laws, including section 120(h) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9620(h)) and the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.).

  TITLE IV--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
     STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

     SEC. 401. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX 
                   TRIBE, AND STATE OF SOUTH DAKOTA TERRESTRIAL 
                   WILDLIFE HABITAT RESTORATION.

       (a) Definitions.--Section 601 of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (112 Stat. 2681-660), is amended--
       (1) by redesignating paragraphs (1), (2), and (3) as 
     paragraphs (2), (4), and (5), respectively;
       (2) by inserting before paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(1) Commission.--The term `Commission' means the South 
     Dakota Cultural Resources Advisory Commission established by 
     section 605(j).''; and
       (3) by inserting after paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of the Army.''.
       (b) Terrestrial Wildlife Habitat Restoration.--Section 602 
     of division C of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (112 Stat. 2681-660), 
     is amended--
       (1) in subsection (a)(4)--
       (A) in subparagraph (A)(ii), by striking ``803'' and 
     inserting ``603'';
       (B) in subparagraph (B)(ii), by striking ``804'' and 
     inserting ``604''; and
       (C) in subparagraph (C)--
       (i) in clause (i)(II), by striking ``803(d)(3) and 
     804(d)(3)'' and inserting ``603(d)(3) and 604(d)(3)''; and
       (ii) in clause (ii)(II)--

       (I) by striking ``803(d)(3)(A)(i)'' and inserting 
     ``603(d)(3)(A)(i)''; and
       (II) by striking ``804(d)(3)(A)(i)'' and inserting 
     ``604(d)(3)(A)(i)'';

       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``803(d)(3)(A)(iii)'' and 
     inserting ``603(d)(3)(A)(ii)(III)''; and
       (B) in paragraph (4)--
       (i) in subparagraph (A), by striking ``803(d)(3)(A)(iii)'' 
     and inserting ``603(d)(3)(A)(ii)(III)''; and
       (ii) in subparagraph (B), by striking ``804(d)(3)(A)(iii)'' 
     and inserting ``604(d)(3)(A)(ii)(III)''; and
       (3) in subsection (c), by striking ``803 and 804'' and 
     inserting ``603 and 604''.
       (c) South Dakota Terrestrial Wildlife Habitat Restoration 
     Trust Fund.--Section 603 of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (112 Stat. 2681-663), is amended--
       (1) in subsection (c)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Interest rate.--The Secretary of the Treasury shall 
     invest amounts in the fund in obligations that carry the 
     highest rate of interest among available obligations of the 
     required maturity.''; and
       (2) in subsection (d)--
       (A) in paragraph (2), by striking ``802(a)(4)(A)'' and 
     inserting ``602(a)(4)(A)''; and
       (B) in paragraph (3)(A)--
       (i) in clause (i)--

       (I) by striking ``802(a)'' and inserting ``602(a)''; and
       (II) by striking ``and'' at the end; and

       (ii) in clause (ii)--

       (I) in subclause (III), by striking ``802(b)'' and 
     inserting ``602(b)''; and
       (II) in subclause (IV)--

       (aa) by striking ``802'' and inserting ``602''; and
       (bb) by striking ``and'' at the end.
       (d) Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe 
     Terrestrial Wildlife Habitat Restoration Trust Funds.--
     Section 604 of division C of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-664), is amended--
       (1) in subsection (c)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by adding at the end the following:
       ``(2) Interest rate.--The Secretary of the Treasury shall 
     invest amounts in the fund in obligations that carry the 
     highest rate of interest among available obligations of the 
     required maturity.''; and

[[Page 6819]]

       (2) in subsection (d)--
       (A) in paragraph (2), by striking ``802(a)(4)(B)'' and 
     inserting ``602(a)(4)(B)''; and
       (B) in paragraph (3)(A)--
       (i) in clause (i), by striking ``802(a)'' and inserting 
     ``602(a)''; and
       (ii) in clause (ii)--

       (I) in subclause (III), by striking ``802(b)'' and 
     inserting ``602(b)''; and
       (II) in subclause (IV), by striking ``802'' and inserting 
     ``602''.

       (e) Transfer of Federal Land to State of South Dakota.--
     Section 605 of division C of the Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999 (112 Stat. 
     2681-665), is amended--
       (1) in subsection (a)(2)(B), by striking ``802'' and 
     inserting ``602'';
       (2) in subsection (c), in the mater preceding paragraph 
     (1), by striking ``waters'' and inserting ``facilities'';
       (3) in subsection (e)(2), by striking ``803'' and inserting 
     ``603'';
       (4) by striking subsection (g) and inserting the following:
       ``(g) Hunting and Fishing.--
       ``(1) In general.--Except as provided in this section, 
     nothing in this title affects jurisdiction over the waters of 
     the Missouri River below the water's edge and outside the 
     exterior boundaries of an Indian reservation in South Dakota.
       ``(2) Jurisdiction.--
       ``(A) Transferred land.--On transfer of the land under this 
     section to the State of South Dakota, jurisdiction over the 
     land shall be the same as that over other land owned by the 
     State of South Dakota.
       ``(B) Land between the Missouri River water's edge and the 
     level of the exclusive flood pool.--Jurisdiction over land 
     between the Missouri River water's edge and the level of the 
     exclusive flood pool outside Indian reservations in the State 
     of South Dakota shall be the same as that exercised by the 
     State on other land owned by the State, and that jurisdiction 
     shall follow the fluctuations of the water's edge.
       ``(D) Federal land.--Jurisdiction over land and water owned 
     by the Federal government within the boundaries of the State 
     of South Dakota that are not affected by this Act shall 
     remain unchanged.
       ``(3) Easements and access.--The Secretary shall provide 
     the State of South Dakota with easements and access on land 
     and water below the level of the exclusive flood pool outside 
     Indian reservations in the State of South Dakota for 
     recreational and other purposes (including for boat docks, 
     boat ramps, and related structures), so long as the easements 
     would not prevent the Corps of Engineers from carrying out 
     its mission under the Act entitled ``An Act authorizing the 
     construction of certain public works on rivers and harbors 
     for flood control, and for other purposes'', approved 
     December 22, 1944 (commonly known as the `Flood Control Act 
     of 1944') (58 Stat. 887)).''; and
       (5) by adding at the end the following:
       ``(i) Impact Aid.--The land transferred under subsection 
     (a) shall be deemed to continue to be owned by the United 
     States for purposes of section 8002 of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 7702).''
       (f) Transfer of Corps of Engineers Land for Indian 
     Tribes.--Section 606 of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (112 Stat. 2681-667), is amended--
       (1) in subsection (a)(1), by inserting before the period at 
     the end the following: ``for their use in perpetuity'';
       (2) in subsection (c), in the matter preceding paragraph 
     (1), by striking ``waters'' and inserting ``facilities'';
       (3) in subsection (f), by striking paragraph (2) and 
     inserting the following:
       ``(2) Hunting and fishing.--
       ``(A) In general.--Except as provided in this section, 
     nothing in this title affects jurisdiction over the waters of 
     the Missouri River below the water's edge and within the 
     exterior boundaries of the Cheyenne River Sioux and Lower 
     Brule Sioux Tribe reservations.
       ``(B) Jurisdiction.--On transfer of the land to the 
     respective tribes under this section, jurisdiction over the 
     land and on land between the water's edge and the level of 
     the exclusive flood pool within the respective Tribe's 
     reservation boundaries shall be the same as that over land 
     held in trust by the Secretary of the Interior on the 
     Cheyenne River Sioux Reservation and the Lower Brule Sioux 
     Reservation, and that jurisdiction shall follow the 
     fluctuations of the water's edge.
       ``(C) Easements and access.--The Secretary shall provide 
     the Tribes with such easements and access on land and water 
     below the level of the exclusive flood pool inside the 
     respective Indian reservations for recreational and other 
     purposes (including for boat docks, boat ramps, and related 
     structures), so long as the easements would not prevent the 
     Corps of Engineers from carrying out its mission under the 
     Act entitled ``An Act authorizing the construction of certain 
     public works on rivers and harbors for flood control, and for 
     other purposes'', approved December 22, 1944 (commonly known 
     as the `Flood Control Act of 1944') (58 Stat. 887)).'';
       (4) in subsection (e)(2), by striking ``804'' and inserting 
     ``604''; and
       (5) by adding at the end the following:
       ``(g) Exterior Indian Reservation Boundaries.--Notheing in 
     this section diminishes, changes, or otherwise affects the 
     exterior boundaries of a reservation of an Indian tribe.''.
       (g) Administration.--Section 607(b) of division C of the 
     Omnibus Consolidated and Energy Supplemental Appropriations 
     Act, 1999 (112 Stat. 2681-669), is amended by striking 
     ``land'' and inserting ``property''.
       (h) Study.--Section 608 of division C of the Omnibus 
     Consolidated and Emergency Supplemental Appropriations Act, 
     1999 (112 Stat. 2681-670), is amended--
       (1) in subsection (a)--
       (A) by striking ``Not late than 1 year after the date of 
     enactment of this Act, the Secretary'' and inserting ``The 
     Secretary'';
       (B) by striking ``to conduct'' and inserting ``to complete, 
     not later than October 31, 1999,''; and
       (C) by striking ``805(b) and 806(b)'' and inserting 
     ``605(b) and 606(b)'';
       (2) in subsection (b), by striking ``805(b) or 806(b)'' and 
     inserting ``606(b) or 606(b)''; and
       (3) by adding at the end the following:
       ``(c) State Water Rights.--The results of the study shall 
     not affect, and shall not be taken into consideration in, any 
     proceeding to quantify the water rights of any State.
       ``(d) Indian Water Rights.--The results of the study shall 
     not affect, and shall not be taken into consideration in, any 
     proceeding to quantify the water rights of any Indian tribe 
     or tribal nation.''.
       (i) Authorization of Appropriations.--Section 609(a) of 
     division C of the Omnibus Consolidated and Emergency 
     Supplemental Appropriations Act, 1999 (112 Stat. 2681-670), 
     is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)--
       (A) by striking ``802(a)'' and inserting ``605(a)''; and
       (B) by striking ``803(d)(3) and 804(d)(3).'' and inserting 
     ``603(d)(3) and 604(d)(3); and''; and
       (3) by adding at the end the following:
       ``(3) to fund the annual expenses (not to exceed the 
     Federal cost as of the date of enactment of this Act) of 
     operating recreation areas to be transferred under sections 
     605(c) and 606(c) or leased by the State of South Dakota or 
     Indian tribes, until such time as the trust funds under 
     sections 603 and 604 are fully capitalized.''.
       On Page 157 in between lines 14 and 15, insert the 
     following:
       (6) White river basin, arkansas and missouri.--
       (A) In general.--The project for flood control, power 
     generation and other purposes at the White River Basin, 
     Arkansas and Missouri, authorized by section 4 of the Act of 
     June 28, 1938 (52 Stat. 1218, chapter 795), and modified by 
     H. Doc. 917, 76th Cong., 3d Sess., and H. Doc. 290, 77th 
     Cong., 1st Sess., approved August 18, 1941, and H. Doc. 499, 
     83d Cong., 2d Sess., approved September 3, 1954, and by 
     Section 304 of the Water Resources Development Act of 1996 
     (110 Stat. 3711) is modified to authorize the Secretary to 
     provide minimum flows necessary to sustain tail water trout 
     fisheries by reallocating the following amounts of project 
     storage: Beaver Lake, 3.5 feet; Table Rock, 2 feet; Bull 
     Shoals Lake, 5 feet; Norfork Lake, 3.5 feet; and Greers Ferry 
     Lake, 3 feet. The Secretary shall complete such report and 
     submit it to the Congress by July 30, 2000.
       (B) Report.--The report of the Chief of Engineers, required 
     by this subsection, shall also include a determination that 
     the modification of the project in subparagraph (A) does not 
     adversely affect other authorized project purposes, and that 
     no federal costs are incurred.

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