[106th Congress Public Law 541]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ541.106]
[[Page 114 STAT. 2572]]
Public Law 106-541
106th Congress
An Act
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. <<NOTE: Dec. 11, 2000 - [S. 2796]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Water Resources Development
Act of 2000. Inter- governmental relations.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 33 USC 2201 note.>> Title.--This Act may be cited
as the ``Water Resources Development Act of 2000''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I--WATER RESOURCES PROJECTS
Sec. 101. Project authorizations.
Sec. 102. Small projects for flood damage reduction.
Sec. 103. Small projects for emergency streambank protection.
Sec. 104. Small projects for navigation.
Sec. 105. Small projects for improvement of the quality of the
environment.
Sec. 106. Small projects for aquatic ecosystem restoration.
Sec. 107. Small projects for shoreline protection.
Sec. 108. Small projects for snagging and sediment removal.
Sec. 109. Small project for mitigation of shore damage.
Sec. 110. Beneficial uses of dredged material.
Sec. 111. Disposal of dredged material on beaches.
Sec. 112. Petaluma River, Petaluma, California.
TITLE II--GENERAL PROVISIONS
Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
Sec. 206. National recreation reservation service.
Sec. 207. Interagency and international support authority.
Sec. 208. Reburial and conveyance authority.
Sec. 209. Floodplain management requirements.
Sec. 210. Nonprofit entities.
Sec. 211. Performance of specialized or technical services.
Sec. 212. Hydroelectric power project funding.
Sec. 213. Assistance programs.
Sec. 214. Funding to process permits.
Sec. 215. Dredged material marketing and recycling.
Sec. 216. National academy of sciences study.
Sec. 217. Rehabilitation of Federal flood control levees.
Sec. 218. Maximum program expenditures for small flood control projects.
Sec. 219. Engineering consulting services.
Sec. 220. Beach recreation.
Sec. 221. Design-build contracting.
Sec. 222. Enhanced public participation.
Sec. 223. Monitoring.
Sec. 224. Fish and wildlife mitigation.
[[Page 114 STAT. 2573]]
Sec. 225. Feasibility studies and planning, engineering, and design.
Sec. 226. Administrative costs of land conveyances.
Sec. 227. Flood mitigation and riverine restoration.
TITLE III--PROJECT-RELATED PROVISIONS
Sec. 301. Tennessee-Tombigbee Waterway Wildlife Mitigation Project,
Alabama and Mississippi.
Sec. 302. Nogales Wash and tributaries, Nogales, Arizona.
Sec. 303. Boydsville, Arkansas.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Sacramento Deep Water Ship Channel, California.
Sec. 306. Delaware River Mainstem and Channel Deepening, Delaware, New
Jersey, and Pennsylvania.
Sec. 307. Rehoboth Beach and Dewey Beach, Delaware.
Sec. 308. Fernandina Harbor, Florida.
Sec. 309. Gasparilla and Estero Islands, Florida.
Sec. 310. East Saint Louis and vicinity, Illinois.
Sec. 311. Kaskaskia River, Kaskaskia, Illinois.
Sec. 312. Waukegan Harbor, Illinois.
Sec. 313. Upper Des Plaines River and tributaries, Illinois.
Sec. 314. Cumberland, Kentucky.
Sec. 315. Atchafalaya Basin, Louisiana.
Sec. 316. Red River Waterway, Louisiana.
Sec. 317. Thomaston Harbor, Georges River, Maine.
Sec. 318. Poplar Island, Maryland.
Sec. 319. William Jennings Randolph Lake, Maryland.
Sec. 320. Breckenridge, Minnesota.
Sec. 321. Duluth Harbor, Minnesota.
Sec. 322. Little Falls, Minnesota.
Sec. 323. New Madrid County, Missouri.
Sec. 324. Pemiscot County Harbor, Missouri.
Sec. 325. Fort Peck fish hatchery, Montana.
Sec. 326. Sagamore Creek, New Hampshire.
Sec. 327. Passaic River basin flood management, New Jersey.
Sec. 328. Times Beach Nature Preserve, Buffalo, New York.
Sec. 329. Rockaway Inlet to Norton Point, New York.
Sec. 330. Garrison Dam, North Dakota.
Sec. 331. Duck Creek, Ohio.
Sec. 332. John Day Pool, Oregon and Washington.
Sec. 333. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 334. Nonconnah Creek, Tennessee and Mississippi.
Sec. 335. San Antonio Channel, San Antonio, Texas.
Sec. 336. Buchanan and Dickenson Counties, Virginia.
Sec. 337. Buchanan, Dickenson, and Russell Counties, Virginia.
Sec. 338. Sandbridge Beach, Virginia Beach, Virginia.
Sec. 339. Mount St. Helens, Washington.
Sec. 340. Lower Mud River, Milton, West Virginia.
Sec. 341. Fox River System, Wisconsin.
Sec. 342. Chesapeake Bay oyster restoration.
Sec. 343. Great Lakes dredging levels adjustment.
Sec. 344. Great Lakes remedial action plans and sediment remediation.
Sec. 345. Treatment of dredged material from Long Island Sound.
Sec. 346. Declaration of nonnavigability for Lake Erie, New York.
Sec. 347. Project deauthorizations.
Sec. 348. Land conveyances.
Sec. 349. Project reauthorizations.
Sec. 350. Continuation of project authorizations.
Sec. 351. Water quality projects.
TITLE IV--STUDIES
Sec. 401. Studies of completed projects.
Sec. 402. Lower Mississippi River resource assessment.
Sec. 403. Upper Mississippi River basin sediment and nutrient study.
Sec. 404. Upper Mississippi River comprehensive plan.
Sec. 405. Ohio River system.
Sec. 406. Baldwin County, Alabama.
Sec. 407. Bridgeport, Alabama.
Sec. 408. Arkansas River navigation system.
Sec. 409. Cache Creek basin, California.
Sec. 410. Estudillo Canal, San Leandro, California.
Sec. 411. Laguna Creek, Fremont, California.
[[Page 114 STAT. 2574]]
Sec. 412. Lake Merritt, Oakland, California.
Sec. 413. Lancaster, California.
Sec. 414. Oceanside, California.
Sec. 415. San Jacinto watershed, California.
Sec. 416. Suisun Marsh, California.
Sec. 417. Delaware River watershed.
Sec. 418. Brevard County, Florida.
Sec. 419. Choctawhatchee River, Florida.
Sec. 420. Egmont Key, Florida.
Sec. 421. Upper Ocklawaha River and Apopka/Palatlakaha River basins,
Florida.
Sec. 422. Lake Allatoona watershed, Georgia.
Sec. 423. Boise River, Idaho.
Sec. 424. Wood River, Idaho.
Sec. 425. Chicago, Illinois.
Sec. 426. Chicago sanitary and ship canal system, Chicago, Illinois.
Sec. 427. Long Lake, Indiana.
Sec. 428. Brush and Rock Creeks, Mission Hills and Fairway, Kansas.
Sec. 429. Atchafalaya River, Bayous Chene, Boeuf, and Black, Louisiana.
Sec. 430. Boeuf and Black, Louisiana.
Sec. 431. Iberia Port, Louisiana.
Sec. 432. Lake Pontchartrain Seawall, Louisiana.
Sec. 433. Lower Atchafalaya basin, Louisiana.
Sec. 434. St. John the Baptist Parish, Louisiana.
Sec. 435. South Louisiana.
Sec. 436. Portsmouth Harbor and Piscataqua River, Maine and New
Hampshire.
Sec. 437. Merrimack River basin, Massachusetts and New Hampshire.
Sec. 438. Wild Rice River, Minnesota.
Sec. 439. Port of Gulfport, Mississippi.
Sec. 440. Las Vegas Valley, Nevada.
Sec. 441. Upland disposal sites in New Hampshire.
Sec. 442. Southwest Valley, Albuquerque, New Mexico.
Sec. 443. Buffalo Harbor, Buffalo, New York.
Sec. 444. Jamesville Reservoir, Onondaga County, New York.
Sec. 445. Bogue Banks, Carteret County, North Carolina.
Sec. 446. Duck Creek watershed, Ohio.
Sec. 447. Fremont, Ohio.
Sec. 448. Steubenville, Ohio.
Sec. 449. Grand Lake, Oklahoma.
Sec. 450. Columbia Slough, Oregon.
Sec. 451. Cliff Walk in Newport, Rhode Island.
Sec. 452. Quonset Point channel, Rhode Island.
Sec. 453. Dredged material disposal site, Rhode Island.
Sec. 454. Reedy River, Greenville, South Carolina.
Sec. 455. Chickamauga Lock and Dam, Tennessee.
Sec. 456. Germantown, Tennessee.
Sec. 457. Milwaukee, Wisconsin.
TITLE V--MISCELLANEOUS PROVISIONS
Sec. 501. Lakes program.
Sec. 502. Restoration projects.
Sec. 503. Support of Army civil works program.
Sec. 504. Export of water from Great Lakes.
Sec. 505. Great Lakes tributary model.
Sec. 506. Great Lakes fishery and ecosystem restoration.
Sec. 507. New England water resources and ecosystem restoration.
Sec. 508. Visitors centers.
Sec. 509. CALFED Bay-Delta program assistance, California.
Sec. 510. Seward, Alaska.
Sec. 511. Clear Lake basin, California.
Sec. 512. Contra Costa Canal, Oakley and Knightsen, California.
Sec. 513. Huntington Beach, California.
Sec. 514. Mallard Slough, Pittsburg, California.
Sec. 515. Port Everglades, Florida.
Sec. 516. Lake Sidney Lanier, Georgia, home preservation.
Sec. 517. Ballard's Island, La Salle County, Illinois.
Sec. 518. Lake Michigan diversion, Illinois.
Sec. 519. Illinois River basin restoration.
Sec. 520. Koontz Lake, Indiana.
Sec. 521. West View Shores, Cecil County, Maryland.
Sec. 522. Muddy River, Brookline and Boston, Massachusetts.
Sec. 523. Soo Locks, Sault Ste. Marie, Michigan.
[[Page 114 STAT. 2575]]
Sec. 524. Minnesota dam safety.
Sec. 525. Bruce F. Vento Unit of the Boundary Waters Canoe Area
Wilderness, Minnesota.
Sec. 526. Duluth, Minnesota, alternative technology project.
Sec. 527. Minneapolis, Minnesota.
Sec. 528. Coastal Mississippi wetlands restoration projects.
Sec. 529. Las Vegas, Nevada.
Sec. 530. Urbanized peak flood management research, New Jersey.
Sec. 531. Nepperhan River, Yonkers, New York.
Sec. 532. Upper Mohawk River basin, New York.
Sec. 533. Flood damage reduction.
Sec. 534. Cuyahoga River, Ohio.
Sec. 535. Crowder Point, Crowder, Oklahoma.
Sec. 536. Lower Columbia River and Tillamook Bay ecosystem restoration,
Oregon and Washington.
Sec. 537. Access improvements, Raystown Lake, Pennsylvania.
Sec. 538. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 539. Charleston Harbor, South Carolina.
Sec. 540. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and South
Dakota terrestrial wildlife habitat restoration.
Sec. 541. Horn Lake Creek and tributaries, Tennessee and Mississippi.
Sec. 542. Lake Champlain watershed, Vermont and New York.
Sec. 543. Vermont dams remediation.
Sec. 544. Puget Sound and adjacent waters restoration, Washington.
Sec. 545. Willapa Bay, Washington.
Sec. 546. Wynoochee Lake, Wynoochee River, Washington.
Sec. 547. Bluestone, West Virginia.
Sec. 548. Lesage/Greenbottom Swamp, West Virginia.
Sec. 549. Tug Fork River, West Virginia.
Sec. 550. Southern West Virginia.
Sec. 551. Surfside/Sunset and Newport Beach, California.
Sec. 552. Watershed management, restoration, and development.
Sec. 553. Maintenance of navigation channels.
Sec. 554. Hydrographic survey.
Sec. 555. Columbia River treaty fishing access.
Sec. 556. Release of use restriction.
TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION
Sec. 601. Comprehensive Everglades restoration plan.
Sec. 602. Sense of Congress concerning Homestead Air Force Base.
TITLE VII--MISSOURI RIVER RESTORATION, NORTH DAKOTA
Sec. 701. Short title.
Sec. 702. Findings and purposes.
Sec. 703. Definitions.
Sec. 704. Missouri River Trust.
Sec. 705. Missouri River Task Force.
Sec. 706. Administration.
Sec. 707. Authorization of appropriations.
TITLE VIII--WILDLIFE REFUGE ENHANCEMENT
Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Definitions.
Sec. 804. Conveyance of cabin sites.
Sec. 805. Rights of nonparticipating lessees.
Sec. 806. Conveyance to third parties.
Sec. 807. Use of proceeds.
Sec. 808. Administrative costs.
Sec. 809. Revocation of withdrawals.
Sec. 810. Authorization of appropriations.
TITLE IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA
Sec. 901. Short title.
Sec. 902. Findings and purposes.
Sec. 903. Definitions.
Sec. 904. Missouri River Trust.
Sec. 905. Missouri River Task Force.
Sec. 906. Administration.
Sec. 907. Authorization of appropriations.
SEC. 2. <<NOTE: 33 USC 2201 note.>> DEFINITION OF SECRETARY.
In this Act, the term ``Secretary'' means the Secretary of the Army.
[[Page 114 STAT. 2576]]
TITLE I--WATER RESOURCES PROJECTS
SEC. 101. PROJECT AUTHORIZATIONS.
(a) Projects With Chief's Reports.--The following projects for water
resources development and conservation and other purposes are authorized
to be carried out by the Secretary substantially in accordance with the
plans, and subject to the conditions, described in the respective
reports designated in this subsection:
(1) Barnegat inlet to little egg inlet, new jersey.--The
project for hurricane and storm damage reduction, Barnegat Inlet
to Little Egg Inlet, New Jersey: Report of the Chief of
Engineers dated July 26, 2000, at a total cost of $51,203,000,
with an estimated Federal cost of $33,282,000 and an estimated
non-Federal cost of $17,921,000, and at an estimated average
annual cost of $1,751,000 for periodic nourishment over the 50-
year life of the project, with an estimated annual Federal cost
of $1,138,000 and an estimated annual non-Federal cost of
$613,000.
(2) Port of new york and new jersey, new york and new
jersey.--
(A) In general.--The project for navigation, Port of
New York and New Jersey, New York and New Jersey: Report
of the Chief of Engineers dated May 2, 2000, at a total
cost of $1,781,234,000, with an estimated Federal cost
of $743,954,000 and an estimated non-Federal cost of
$1,037,280,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the
costs of the project may be provided in cash or in
the form of in-kind services or materials.
(ii) Credit.--The Secretary shall credit
toward the non-Federal share of the cost of the
project the cost of design and construction work
carried out by the non-Federal interest before the
date of execution of a cooperation agreement for
the project if the Secretary determines that the
work is integral to the project.
(b) Projects <<NOTE: Deadline.>> Subject to Final Report.--The
following projects for water resources development and conservation and
other purposes are authorized to be carried out by the Secretary
substantially in accordance with the plans, and subject to the
conditions, recommended in a final report of the Chief of Engineers if a
favorable report of the Chief is completed not later than December 31,
2000:
(1) False pass harbor, alaska.--The project for navigation,
False Pass Harbor, Alaska, at a total cost of $15,552,000, with
an estimated Federal cost of $9,374,000 and an estimated non-
Federal cost of $6,178,000.
(2) Unalaska harbor, alaska.--The project for navigation,
Unalaska Harbor, Alaska, at a total cost of $20,000,000, with an
estimated Federal cost of $12,000,000 and an estimated non-
Federal cost of $8,000,000, except that the date for completion
of the favorable report of the Chief of Engineers shall be
December 31, 2001, instead of December 31, 2000.
(3) Rio de flag, flagstaff, arizona.--The project for flood
damage reduction, Rio de Flag, Flagstaff, Arizona, at a total
[[Page 114 STAT. 2577]]
cost of $24,072,000, with an estimated Federal cost of
$15,576,000 and an estimated non-Federal cost of $8,496,000.
(4) Tres rios, arizona.--The project for ecosystem
restoration, Tres Rios, Arizona, at a total cost of $99,320,000,
with an estimated Federal cost of $62,755,000 and an estimated
non-Federal cost of $36,565,000.
(5) Los angeles harbor, california.--The project for
navigation, Los Angeles Harbor, California, at a total cost of
$153,313,000, with an estimated Federal cost of $43,735,000 and
an estimated non-Federal cost of $109,578,000.
(6) Murrieta creek, california.--The project for flood
damage reduction and ecosystem restoration, Murrieta Creek,
California, described as alternative 6, based on the District
Engineer's Murrieta Creek feasibility report and environmental
impact statement dated October 2000, at a total cost of
$89,846,000, with an estimated Federal cost of $25,556,000 and
an estimated non-Federal cost of $64,290,000.
(7) Pine flat dam, california.--The project for ecosystem
restoration, Pine Flat Dam, California, at a total cost of
$34,000,000, with an estimated Federal cost of $22,000,000 and
an estimated non-Federal cost of $12,000,000.
(8) Santa barbara streams, lower mission creek,
california.--The project for flood damage reduction, Santa
Barbara streams, Lower Mission Creek, California, at a total
cost of $18,300,000, with an estimated Federal cost of
$9,200,000 and an estimated non-Federal cost of $9,100,000.
(9) Upper newport bay, california.--The project for
ecosystem restoration, Upper Newport Bay, California, at a total
cost of $32,475,000, with an estimated Federal cost of
$21,109,000 and an estimated non-Federal cost of $11,366,000.
(10) Whitewater river basin, california.--The project for
flood damage reduction, Whitewater River basin, California, at a
total cost of $28,900,000, with an estimated Federal cost of
$18,800,000 and an estimated non-Federal cost of $10,100,000.
(11) Delaware coast from cape henlopen to fenwick island.--
The project for hurricane and storm damage reduction, Delaware
Coast from Cape Henlopen to Fenwick Island, at a total cost of
$5,633,000, with an estimated Federal cost of $3,661,000 and an
estimated non-Federal cost of $1,972,000, and at an estimated
average annual cost of $920,000 for periodic nourishment over
the 50-year life of the project, with an estimated annual
Federal cost of $460,000 and an estimated annual non-Federal
cost of $460,000.
(12) Port sutton, florida.--The project for navigation, Port
Sutton, Florida, at a total cost of $7,600,000, with an
estimated Federal cost of $4,900,000 and an estimated non-
Federal cost of $2,700,000.
(13) Barbers point harbor, hawaii.--The project for
navigation, Barbers Point Harbor, Hawaii, at a total cost of
$30,003,000, with an estimated Federal cost of $18,524,000 and
an estimated non-Federal cost of $11,479,000.
(14) John myers lock and dam, indiana and kentucky.--The
project for navigation, John Myers Lock and Dam, Indiana and
Kentucky, at a total cost of $181,700,000. The costs of
[[Page 114 STAT. 2578]]
construction of the project shall be paid \1/2\ from amounts
appropriated from the general fund of the Treasury and \1/2\
from amounts appropriated from the Inland Waterways Trust Fund.
(15) Greenup lock and dam, kentucky and ohio.--The project
for navigation, Greenup Lock and Dam, Kentucky and Ohio, at a
total cost of $175,500,000. The costs of construction of the
project shall be paid \1/2\ from amounts appropriated from the
general fund of the Treasury and \1/2\ from amounts appropriated
from the Inland Waterways Trust Fund.
(16) Ohio river, kentucky, illinois, indiana, ohio,
pennsylvania, and west virginia.--
(A) In general.--Projects for ecosystem restoration,
Ohio River Mainstem, Kentucky, Illinois, Indiana, Ohio,
Pennsylvania, and West Virginia, at a total cost of
$307,700,000, with an estimated Federal cost of
$200,000,000 and an estimated non-Federal cost of
$107,700,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the
costs of any project under this paragraph may be
provided in cash or in the form of in-kind
services or materials.
(ii) Credit.--The Secretary shall credit
toward the non-Federal share of the cost of a
project under this paragraph the cost of design
and construction work carried out by the non-
Federal interest before the date of execution of a
cooperation agreement for the project if the
Secretary determines that the work is integral to
the project.
(17) Morganza, louisiana, to gulf of mexico.--
(A) In general.--The project for hurricane and storm
damage reduction, Morganza, Louisiana, to the Gulf of
Mexico, at a total cost of $550,000,000, with an
estimated Federal cost of $358,000,000 and an estimated
non-Federal cost of $192,000,000.
(B) Credit.--The Secretary shall credit toward the
non-Federal share of the cost of the project the cost of
work carried out by the non-Federal interest for interim
flood protection after March 31, 1989, if the Secretary
determines that the work is integral to the project.
(18) Monarch-chesterfield, missouri.--The project for flood
damage reduction, Monarch-Chesterfield, Missouri, at a total
cost of $58,090,000, with an estimated Federal cost of
$37,758,500 and an estimated non-Federal cost of $20,331,500.
(19) Antelope creek, lincoln, nebraska.--The project for
flood damage reduction, Antelope Creek, Lincoln, Nebraska, at a
total cost of $46,310,000, with an estimated Federal cost of
$23,155,000 and an estimated non-Federal cost of $23,155,000.
(20) Sand creek watershed, wahoo, nebraska.--The project for
ecosystem restoration and flood damage reduction, Sand Creek
watershed, Wahoo, Nebraska, at a total cost of $29,840,000, with
an estimated Federal cost of $16,870,000 and an estimated non-
Federal cost of $12,970,000.
(21) Western sarpy and clear creek, nebraska.--The project
for flood damage reduction, Western Sarpy and Clear
[[Page 114 STAT. 2579]]
Creek, Nebraska, at a total cost of $15,643,000, with an
estimated Federal cost of $9,518,000 and an estimated non-
Federal cost of $6,125,000.
(22) Raritan bay and sandy hook bay, cliffwood beach, new
jersey.--The project for hurricane and storm damage reduction,
Raritan Bay and Sandy Hook Bay, Cliffwood Beach, New Jersey, at
a total cost of $5,219,000, with an estimated Federal cost of
$3,392,000 and an estimated non-Federal cost of $1,827,000, and
at an estimated average annual cost of $110,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $55,000 and an estimated annual
non-Federal cost of $55,000.
(23) Raritan bay and sandy hook bay, port monmouth, new
jersey.--The project for hurricane and storm damage reduction,
Raritan Bay and Sandy Hook Bay, Port Monmouth, New Jersey, at a
total cost of $32,064,000, with an estimated Federal cost of
$20,842,000 and an estimated non-Federal cost of $11,222,000,
and at an estimated average annual cost of $173,000 for periodic
nourishment over the 50-year life of the project, with an
estimated annual Federal cost of $86,500 and an estimated annual
non-Federal cost of $86,500.
(24) Dare county beaches, north carolina.--The project for
hurricane and storm damage reduction, Dare County beaches, North
Carolina, at a total cost of $71,674,000, with an estimated
Federal cost of $46,588,000 and an estimated non-Federal cost of
$25,086,000, and at an estimated average annual cost of
$34,990,000 for periodic nourishment over the 50-year life of
the project, with an estimated annual Federal cost of
$17,495,000 and an estimated annual non-Federal cost of
$17,495,000.
(25) Wolf river, memphis, tennessee.--The project for
ecosystem restoration, Wolf River, Memphis, Tennessee, at a
total cost of $9,118,000, with an estimated Federal cost of
$5,849,000 and an estimated non-Federal cost of $3,269,000.
(26) Duwamish/green, washington.--The project for ecosystem
restoration, Duwamish/Green, Washington, at a total cost of
$112,860,000, with an estimated Federal cost of $73,360,000 and
an estimated non-Federal cost of $39,500,000.
(27) Stillagumaish river basin, washington.--The project for
ecosystem restoration, Stillagumaish River basin, Washington, at
a total cost of $23,590,000, with an estimated Federal cost of
$15,680,000 and an estimated non-Federal cost of $7,910,000.
(28) Jackson hole, wyoming.--
(A) In general.--The project for ecosystem
restoration, Jackson Hole, Wyoming, at a total cost of
$52,242,000, with an estimated Federal cost of
$33,957,000 and an estimated non-Federal cost of
$18,285,000.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the
costs of the project may be provided in cash or in
the form of in-kind services or materials.
(ii) Credit.--The Secretary shall credit
toward the non-Federal share of the cost of the
project the cost of design and construction work
carried out by the non-Federal interest before the
date of execution of
[[Page 114 STAT. 2580]]
a cooperation agreement for the project if the
Secretary determines that the work is integral to
the project.
SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.
(a) In General.--The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a project is
feasible, may carry out the project under section 205 of the Flood
Control Act of 1948 (33 U.S.C. 701s):
(1) Buffalo island, arkansas.--Project for flood damage
reduction, Buffalo Island, Arkansas.
(2) Anaverde creek, palmdale, california.--Project for flood
damage reduction, Anaverde Creek, Palmdale, California.
(3) Castaic creek, old road bridge, santa clarita,
california.--Project for flood damage reduction, Castaic Creek,
Old Road bridge, Santa Clarita, California.
(4) Santa clara river, old road bridge, santa clarita,
california.--Project for flood damage reduction, Santa Clara
River, Old Road bridge, Santa Clarita, California.
(5) Weiser river, idaho.--Project for flood damage
reduction, Weiser River, Idaho.
(6) Columbia levee, columbia, illinois.--Project for flood
damage reduction, Columbia Levee, Columbia, Illinois.
(7) East-west creek, riverton, illinois.--Project for flood
damage reduction, East-West Creek, Riverton, Illinois.
(8) Prairie du pont, illinois.--Project for flood damage
reduction, Prairie Du Pont, Illinois.
(9) Monroe county, illinois.--Project for flood damage
reduction, Monroe County, Illinois.
(10) Willow creek, meredosia, illinois.--Project for flood
damage reduction, Willow Creek, Meredosia, Illinois.
(11) Dykes branch channel, leawood, kansas.--Project for
flood damage reduction, Dykes Branch channel improvements,
Leawood, Kansas.
(12) Dykes branch tributaries, leawood, kansas.--Project for
flood damage reduction, Dykes Branch tributary improvements,
Leawood, Kansas.
(13) Kentucky river, frankfort, kentucky.--Project for flood
damage reduction, Kentucky River, Frankfort, Kentucky.
(14) Bayou tete l'ours, louisiana.--Project for flood damage
reduction, Bayou Tete L'Ours, Louisiana.
(15) Bossier city, louisiana.--Project for flood damage
reduction, Red Chute Bayou levee, Bossier City, Louisiana.
(16) Bossier parish, louisiana.--Project for flood damage
reduction, Cane Bend Subdivision, Bossier Parish, Louisiana.
(17) Braithwaite park, louisiana.--Project for flood damage
reduction, Braithwaite Park, Louisiana.
(18) Crown point, louisiana.--Project for flood damage
reduction, Crown Point, Louisiana.
(19) Donaldsonville canals, louisiana.--Project for flood
damage reduction, Donaldsonville Canals, Louisiana.
(20) Goose bayou, louisiana.--Project for flood damage
reduction, Goose Bayou, Louisiana.
(21) Gumby dam, louisiana.--Project for flood damage
reduction, Gumby Dam, Richland Parish, Louisiana.
(22) Hope canal, louisiana.--Project for flood damage
reduction, Hope Canal, Louisiana.
[[Page 114 STAT. 2581]]
(23) Jean lafitte, louisiana.--Project for flood damage
reduction, Jean Lafitte, Louisiana.
(24) Lakes maurepas and pontchartrain canals, st. john the
baptist parish, louisiana.--Project for flood damage reduction,
Lakes Maurepas and Pontchartrain Canals, St. John the Baptist
Parish, Louisiana.
(25) Lockport to larose, louisiana.--Project for flood
damage reduction, Lockport to Larose, Louisiana.
(26) Lower lafitte basin, louisiana.--Project for flood
damage reduction, Lower Lafitte basin, Louisiana.
(27) Oakville to lareussite, louisiana.--Project for flood
damage reduction, Oakville to LaReussite, Louisiana.
(28) Pailet basin, louisiana.--Project for flood damage
reduction, Pailet basin, Louisiana.
(29) Pochitolawa creek, louisiana.--Project for flood damage
reduction, Pochitolawa Creek, Louisiana.
(30) Rosethorn basin, louisiana.--Project for flood damage
reduction, Rosethorn basin, Louisiana.
(31) Shreveport, louisiana.--Project for flood damage
reduction, Twelve Mile Bayou, Shreveport, Louisiana.
(32) Stephensville, louisiana.--Project for flood damage
reduction, Stephensville, Louisiana.
(33) St. john the baptist parish, louisiana.--Project for
flood damage reduction, St. John the Baptist Parish, Louisiana.
(34) Magby creek and vernon branch, mississippi.--Project
for flood damage reduction, Magby Creek and Vernon Branch,
Lowndes County, Mississippi.
(35) Pennsville township, salem county, new jersey.--Project
for flood damage reduction, Pennsville Township, Salem County,
New Jersey.
(36) Hempstead, new york.--Project for flood damage
reduction, Hempstead, New York.
(37) Highland brook, highland falls, new york.--Project for
flood damage reduction, Highland Brook, Highland Falls, New
York.
(38) Lafayette township, ohio.--Project for flood damage
reduction, Lafayette Township, Ohio.
(39) West lafayette, ohio.--Project for flood damage
reduction, West Lafayette, Ohio.
(40) Bear creek and tributaries, medford, oregon.--Project
for flood damage reduction, Bear Creek and tributaries, Medford,
Oregon.
(41) Delaware canal and brock creek, yardley borough,
pennsylvania.--Project for flood damage reduction, Delaware
Canal and Brock Creek, Yardley Borough, Pennsylvania.
(42) Fritz landing, tennessee.--Project for flood damage
reduction, Fritz Landing, Tennessee.
(43) First creek, fountain city, knoxville, tennessee.--
Project for flood damage reduction, First Creek, Fountain City,
Knoxville, Tennessee.
(44) Mississippi river, ridgely, tennessee.--Project for
flood damage reduction, Mississippi River, Ridgely, Tennessee.
(b) Magpie Creek, Sacramento County, California.--In formulating the
project for Magpie Creek, California, authorized by section 102(a)(4) of
the Water Resources Development Act of 1999 (113 Stat. 281) to be
carried out under section 205 of the
[[Page 114 STAT. 2582]]
Flood Control Act of 1948 (33 U.S.C. 701s), the Secretary may consider
benefits from the full utilization of existing improvements at McClellan
Air Force Base that would result from the project after conversion of
the base to civilian use.
SEC. 103. SMALL PROJECTS FOR EMERGENCY STREAMBANK PROTECTION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 14 of the Flood Control Act of
1946 (33 U.S.C. 701r):
(1) Maumee river, fort wayne, indiana.--Project for
emergency streambank protection, Maumee River, Fort Wayne,
Indiana.
(2) Bayou des glaises, louisiana.--Project for emergency
streambank protection, Bayou des Glaises (Lee Chatelain Road),
Avoyelles Parish, Louisiana.
(3) Bayou plaquemine, louisiana.--Project for emergency
streambank protection, Highway 77, Bayou Plaquemine, Iberville
Parish, Louisiana.
(4) Bayou sorrell, iberville parish, louisiana.--Project for
emergency streambank protection, Bayou Sorrell, Iberville
Parish, Louisiana.
(5) Hammond, louisiana.--Project for emergency streambank
protection, Fagan Drive Bridge, Hammond, Louisiana.
(6) Iberville parish, louisiana.--Project for emergency
streambank protection, Iberville Parish, Louisiana.
(7) Lake arthur, louisiana.--Project for emergency
streambank protection, Parish Road 120 at Lake Arthur,
Louisiana.
(8) Lake charles, louisiana.--Project for emergency
streambank protection, Pithon Coulee, Lake Charles, Calcasieu
Parish, Louisiana.
(9) Loggy bayou, louisiana.--Project for emergency
streambank protection, Loggy Bayou, Bienville Parish, Louisiana.
(10) Scotlandville bluff, louisiana.--Project for emergency
streambank protection, Scotlandville Bluff, East Baton Rouge
Parish, Louisiana.
SEC. 104. SMALL PROJECTS FOR NAVIGATION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 107 of the River and Harbor Act
of 1960 (33 U.S.C. 577):
(1) Whittier, alaska.--Project for navigation, Whittier,
Alaska.
(2) Cape coral south spreader waterway, florida.--Project
for navigation, Cape Coral South Spreader Waterway, Lee County,
Florida.
(3) Houma navigation canal, louisiana.--Project for
navigation, Houma Navigation Canal, Terrebonne Parish,
Louisiana.
(4) Vidalia port, louisiana.--Project for navigation,
Vidalia Port, Louisiana.
(5) East two rivers, tower, minnesota.--Project for
navigation, East Two Rivers, Tower, Minnesota.
[[Page 114 STAT. 2583]]
(6) Erie basin marina, buffalo, new york.--Project for
navigation, Erie Basin marina, Buffalo, New York.
(7) Lake michigan, lakeshore state park, milwaukee,
wisconsin.--Project for navigation, Lake Michigan, Lakeshore
State Park, Milwaukee, Wisconsin.
(8) Saxon harbor, francis, wisconsin.--Project for
navigation, Saxon Harbor, Francis, Wisconsin.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE
ENVIRONMENT.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is appropriate,
may carry out the project under section 1135(a) of the Water Resources
Development Act of 1986 (33 U.S.C. 2309a(a)):
(1) Nahant marsh, davenport, iowa.--Project for improvement
of the quality of the environment, Nahant Marsh, Davenport,
Iowa.
(2) Bayou sauvage national wildlife refuge, louisiana.--
Project for improvement of the quality of the environment, Bayou
Sauvage National Wildlife Refuge, Orleans Parish, Louisiana.
(3) Gulf intracoastal waterway, bayou plaquemine,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, Bayou Plaquemine,
Iberville Parish, Louisiana.
(4) Gulf intracoastal waterway, miles 220 to 222.5,
louisiana.--Project for improvement of the quality of the
environment, Gulf Intracoastal Waterway, miles 220 to 222.5,
Vermilion Parish, Louisiana.
(5) Gulf intracoastal waterway, weeks bay, louisiana.--
Project for improvement of the quality of the environment, Gulf
Intracoastal Waterway, Weeks Bay, Iberia Parish, Louisiana.
(6) Lake fausse point, louisiana.--Project for improvement
of the quality of the environment, Lake Fausse Point, Louisiana.
(7) Lake providence, louisiana.--Project for improvement of
the quality of the environment, Old River, Lake Providence,
Louisiana.
(8) New river, louisiana.--Project for improvement of the
quality of the environment, New River, Ascension Parish,
Louisiana.
(9) Erie county, ohio.--Project for improvement of the
quality of the environment, Sheldon's Marsh State Nature
Preserve, Erie County, Ohio.
(10) Muskingum county, ohio.--Project for improvement of the
quality of the environment, Dillon Reservoir watershed, Licking
River, Muskingum County, Ohio.
SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.
(a) In General.--The Secretary shall conduct a study for each of the
following projects and, if the Secretary determines that a project is
appropriate, may carry out the project under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330):
(1) Arkansas river, pueblo, colorado.--Project for aquatic
ecosystem restoration, Arkansas River, Pueblo, Colorado.
[[Page 114 STAT. 2584]]
(2) Hayden diversion project, yampa river, colorado.--
Project for aquatic ecosystem restoration, Hayden Diversion
Project, Yampa River, Colorado.
(3) Little econlockhatchee river basin, florida.--Project
for aquatic ecosystem restoration, Little Econlockhatchee River
basin, Florida.
(4) Loxahatchee slough, palm beach county, florida.--Project
for aquatic ecosystem restoration, Loxahatchee Slough, Palm
Beach County, Florida.
(5) Stevenson creek estuary, florida.--Project for aquatic
ecosystem restoration, Stevenson Creek estuary, Florida.
(6) Chouteau island, madison county, illinois.--Project for
aquatic ecosystem restoration, Chouteau Island, Madison County,
Illinois.
(7) Braud bayou, louisiana.--Project for aquatic ecosystem
restoration, Braud Bayou, Spanish Lake, Ascension Parish,
Louisiana.
(8) Buras marina, louisiana.--Project for aquatic ecosystem
restoration, Buras Marina, Buras, Plaquemines Parish, Louisiana.
(9) Comite river, louisiana.--Project for aquatic ecosystem
restoration, Comite River at Hooper Road, Louisiana.
(10) Department of energy 21-inch pipeline canal,
louisiana.--Project for aquatic ecosystem restoration,
Department of Energy 21-inch Pipeline Canal, St. Martin Parish,
Louisiana.
(11) Lake borgne, louisiana.--Project for aquatic ecosystem
restoration, southern shores of Lake Borgne, Louisiana.
(12) Lake martin, louisiana.--Project for aquatic ecosystem
restoration, Lake Martin, Louisiana.
(13) Luling, louisiana.--Project for aquatic ecosystem
restoration, Luling Oxidation Pond, St. Charles Parish,
Louisiana.
(14) Mandeville, louisiana.--Project for aquatic ecosystem
restoration, Mandeville, St. Tammany Parish, Louisiana.
(15) St. james, louisiana.--Project for aquatic ecosystem
restoration, St. James, Louisiana.
(16) Saginaw bay, bay city, michigan.--Project for aquatic
ecosystem restoration, Saginaw Bay, Bay City, Michigan.
(17) Rainwater basin, nebraska.--Project for aquatic
ecosystem restoration, Rainwater Basin, Nebraska.
(18) Mines falls park, new hampshire.--Project for aquatic
ecosystem restoration, Mines Falls Park, New Hampshire.
(19) North hampton, new hampshire.--Project for aquatic
ecosystem restoration, Little River Salt Marsh, North Hampton,
New Hampshire.
(20) Cazenovia lake, madison county, new york.--Project for
aquatic ecosystem restoration, Cazenovia Lake, Madison County,
New York, including efforts to address aquatic invasive plant
species.
(21) Chenango lake, chenango county, new york.--Project for
aquatic ecosystem restoration, Chenango Lake, Chenango County,
New York, including efforts to address aquatic invasive plant
species.
(22) Eagle lake, new york.--Project for aquatic ecosystem
restoration, Eagle Lake, Ticonderoga, New York.
[[Page 114 STAT. 2585]]
(23) Ossining, new york.--Project for aquatic ecosystem
restoration, Ossining, New York.
(24) Saratoga lake, new york.--Project for aquatic ecosystem
restoration, Saratoga Lake, New York.
(25) Schroon lake, new york.--Project for aquatic ecosystem
restoration, Schroon Lake, New York.
(26) Highland county, ohio.--Project for aquatic ecosystem
restoration, Rocky Fork Lake, Clear Creek floodplain, Highland
County, Ohio.
(27) Hocking county, ohio.--Project for aquatic ecosystem
restoration, Long Hollow Mine, Hocking County, Ohio.
(28) Middle cuyahoga river, kent, ohio.--Project for aquatic
ecosystem restoration, Middle Cuyahoga River, Kent, Ohio.
(29) Tuscarawas county, ohio.--Project for aquatic ecosystem
restoration, Huff Run, Tuscarawas County, Ohio.
(30) Delta ponds, oregon.--Project for aquatic ecosystem
restoration, Delta Ponds, Oregon.
(31) Central amazon creek, eugene, oregon.--Project for
aquatic ecosystem restoration, Central Amazon Creek, Eugene,
Oregon.
(32) Eugene millrace, eugene, oregon.--Project for aquatic
ecosystem restoration, Eugene Millrace, Eugene, Oregon.
(33) Bear creek watershed, medford, oregon.--Project for
aquatic ecosystem restoration, Bear Creek watershed, Medford,
Oregon.
(34) Lone pine and lazy creeks, medford, oregon.--Project
for aquatic ecosystem restoration, Lone Pine and Lazy Creeks,
Medford, Oregon.
(35) Roslyn lake, oregon.--Project for aquatic ecosystem
restoration, Roslyn Lake, Oregon.
(36) Tullytown borough, pennsylvania.--Project for aquatic
ecosystem restoration, Tullytown Borough, Pennsylvania.
(b) Salmon River, Idaho.--The Secretary may credit toward the non-
Federal share of the cost of the project for aquatic ecosystem
restoration, Salmon River, Idaho, to be carried out under section 206 of
the Water Resources Development Act of 1996 (33 U.S.C. 2330) the cost of
work (consisting of surveys, studies, and development of technical data)
carried out by the non-Federal interest if the Secretary determines that
the work is integral to the project.
SEC. 107. SMALL PROJECTS FOR SHORELINE PROTECTION.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
may carry out the project under section 3 of the Act entitled ``An Act
authorizing Federal participation in the cost of protecting the shores
of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g):
(1) Lake palourde, louisiana.--Project for beach restoration
and protection, Highway 70, Lake Palourde, St. Mary and St.
Martin Parishes, Louisiana.
(2) St. bernard, louisiana.--Project for beach restoration
and protection, Bayou Road, St. Bernard, Louisiana.
[[Page 114 STAT. 2586]]
(3) Hudson river, dutchess county, new york.--Project for
beach restoration and protection, Hudson River, Dutchess County,
New York.
SEC. 108. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.
The Secretary shall conduct a study for each of the following
projects and, if the Secretary determines that a project is feasible,
the Secretary may carry out the project under section 2 of the Flood
Control Act of August 28, 1937 (33 U.S.C. 701g):
(1) Sangamon river and tributaries, riverton, illinois.--
Project for removal of snags and clearing and straightening of
channels for flood control, Sangamon River and tributaries,
Riverton, Illinois.
(2) Bayou manchac, louisiana.--Project for removal of snags
and clearing and straightening of channels for flood control,
Bayou Manchac, Ascension Parish, Louisiana.
(3) Black bayou and hippolyte coulee, louisiana.--Project
for removal of snags and clearing and straightening of channels
for flood control, Black Bayou and Hippolyte Coulee, Calcasieu
Parish, Louisiana.
SEC. 109. SMALL PROJECT FOR MITIGATION OF SHORE DAMAGE.
The Secretary shall conduct a study of shore damage at Puget Island,
Columbia River, Washington, to determine if the damage is the result of
the project for navigation, Columbia River, Washington, authorized by
the first section of the Rivers and Harbors Appropriations Act of June
13, 1902 (32 Stat. 369), and, if the Secretary determines that the
damage is the result of the project for navigation and that a project to
mitigate the damage is appropriate, the Secretary may carry out the
project to mitigate the damage under section 111 of the River and Harbor
Act of 1968 (33 U.S.C. 426i).
SEC. 110. BENEFICIAL USES OF DREDGED MATERIAL.
The Secretary may carry out the following projects under section 204
of the Water Resources Development Act of 1992 (33 U.S.C. 2326):
(1) Houma navigation canal, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes barrier island restoration at the Houma
Navigation Canal, Terrebonne Parish, Louisiana.
(2) Mississippi river gulf outlet, mile -3 to mile -9,
louisiana.--Project to make beneficial use of dredged material
from a Federal navigation project that includes dredging of the
Mississippi River Gulf Outlet, mile -3 to mile -9, St. Bernard
Parish, Louisiana.
(3) Mississippi river gulf outlet, mile 11 to mile 4,
louisiana.--Project to make beneficial use of dredged material
from a Federal navigation project that includes dredging of the
Mississippi River Gulf Outlet, mile 11 to mile 4, St. Bernard
Parish, Louisiana.
(4) Plaquemines parish, louisiana.--Project to make
beneficial use of dredged material from a Federal navigation
project that includes marsh creation at the contained submarine
maintenance dredge sediment trap, Plaquemines Parish, Louisiana.
[[Page 114 STAT. 2587]]
(5) St. louis county, minnesota.--Project to make beneficial
use of dredged material from a Federal navigation project in St.
Louis County, Minnesota.
(6) Ottawa county, ohio.--Project to make beneficial use of
dredged material from a Federal navigation project to protect,
restore, and create aquatic and related habitat, East Harbor
State Park, Ottawa County, Ohio.
SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.
Section 217 of the Water Resources Development Act of 1999 (113
Stat. 294) is amended by adding at the end the following:
``(f) Fort Canby State Park, Benson Beach, Washington.--The
Secretary may design and construct a shore protection project at Fort
Canby State Park, Benson Beach, Washington, including beneficial use of
dredged material from a Federal navigation project under section 145 of
the Water Resources Development Act of 1976 (33 U.S.C. 426j) or section
204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).''.
SEC. 112. PETALUMA RIVER, PETALUMA, CALIFORNIA.
(a) In General.--The Secretary shall carry out the Petaluma River
project, at the city of Petaluma, Sonoma County, California, to provide
a 100-year level of flood protection to the city in accordance with the
detailed project report of the San Francisco District Engineer, dated
March 1995, at a total cost of $32,227,000.
(b) Reimbursement.--The Secretary shall reimburse the non-Federal
interest for any project costs that the non-Federal interest has
incurred in excess of the non-Federal share of project costs, regardless
of the date on which the costs were incurred.
(c) Cost Sharing.--For purposes of reimbursement under subsection
(b), cost sharing for work performed on the project before the date of
enactment of this Act shall be determined in accordance with section
103(a) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(a)).
TITLE II--GENERAL PROVISIONS
SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.
Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)) is amended in the second sentence--
(1) by striking ``State legislative'';
(2) by striking ``State constitutional'' and inserting
``constitutional''; and
(3) by inserting before the period at the end the following:
``of the State or a political subdivision of the State''.
SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.
Section 729 of the Water Resources Development Act of 1986 (100
Stat. 4164) is amended to read as follows:
``SEC. 729. <<NOTE: 33 USC 2267a.>> WATERSHED AND RIVER BASIN
ASSESSMENTS.
``(a) In General.--The Secretary may assess the water resources
needs of river basins and watersheds of the United States, including
needs relating to--
``(1) ecosystem protection and restoration;
``(2) flood damage reduction;
``(3) navigation and ports;
[[Page 114 STAT. 2588]]
``(4) watershed protection;
``(5) water supply; and
``(6) drought preparedness.
``(b) Cooperation.--An assessment under subsection (a) shall be
carried out in cooperation and coordination with--
``(1) the Secretary of the Interior;
``(2) the Secretary of Agriculture;
``(3) the Secretary of Commerce;
``(4) the Administrator of the Environmental Protection
Agency; and
``(5) the heads of other appropriate agencies.
``(c) Consultation.--In carrying out an assessment under subsection
(a), the Secretary shall consult with Federal, tribal, State,
interstate, and local governmental entities.
``(d) Priority River Basins and Watersheds.--In selecting river
basins and watersheds for assessment under this section, the Secretary
shall give priority to--
``(1) the Delaware River basin;
``(2) the Kentucky River basin;
``(3) the Potomac River basin;
``(4) the Susquehanna River basin; and
``(5) the Willamette River basin.
``(e) Acceptance of Contributions.--In carrying out an assessment
under subsection (a), the Secretary may accept contributions, in cash or
in kind, from Federal, tribal, State, interstate, and local governmental
entities to the extent that the Secretary determines that the
contributions will facilitate completion of the assessment.
``(f) Cost-Sharing Requirements.--
``(1) Non-federal share.--The non-Federal share of the costs
of an assessment carried out under this section shall be 50
percent.
``(2) Credit.--
``(A) In general.--Subject to subparagraph (B), the
Secretary may credit toward the non-Federal share of an
assessment under this section the cost of services,
materials, supplies, or other in-kind contributions
provided by the non-Federal interests for the
assessment.
``(B) Maximum amount of credit.--The credit under
subparagraph (A) may not exceed an amount equal to 25
percent of the costs of the assessment.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $15,000,000.''.
SEC. 203. <<NOTE: 33 USC 2269.>> TRIBAL PARTNERSHIP PROGRAM.
(a) Definition of Indian Tribe.--In this section, the term ``Indian
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Program.--
(1) In general.--In cooperation with Indian tribes and the
heads of other Federal agencies, the Secretary may study and
determine the feasibility of carrying out water resources
development projects that--
(A) will substantially benefit Indian tribes; and
[[Page 114 STAT. 2589]]
(B) are located primarily within Indian country (as
defined in section 1151 of title 18, United States Code)
or in proximity to Alaska Native villages.
(2) Matters to be studied.--A study conducted under
paragraph (1) may address--
(A) projects for flood damage reduction,
environmental restoration and protection, and
preservation of cultural and natural resources; and
(B) such other projects as the Secretary, in
cooperation with Indian tribes and the heads of other
Federal agencies, determines to be appropriate.
(c) Consultation and Coordination With Secretary of the Interior.--
(1) In general.--In recognition of the unique role of the
Secretary of the Interior concerning trust responsibilities with
Indian tribes and in recognition of mutual trust
responsibilities, the Secretary shall consult with the Secretary
of the Interior concerning studies conducted under subsection
(b).
(2) Integration of activities.--The Secretary shall--
(A) integrate civil works activities of the
Department of the Army with activities of the Department
of the Interior to avoid conflicts, duplications of
effort, or unanticipated adverse effects on Indian
tribes; and
(B) consider the authorities and programs of the
Department of the Interior and other Federal agencies in
any recommendations concerning carrying out projects
studied under subsection (b).
(d) Cost Sharing.--
(1) Ability to pay.--
(A) In general.--Any cost-sharing agreement for a
study under subsection (b) shall be subject to the
ability of the non-Federal interest to pay.
(B) Use of procedures.--The ability of a non-Federal
interest to pay shall be determined by the Secretary in
accordance with procedures established by the Secretary.
(2) Credit.--The Secretary may credit toward the non-Federal
share of the costs of a study under subsection (b) the cost of
services, studies, supplies, or other in-kind contributions
provided by the non-Federal interest if the Secretary determines
that the services, studies, supplies, and other in-kind
contributions will facilitate completion of the study.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (b) $5,000,000 for each of fiscal
years 2002 through 2006, of which not more than $1,000,000 may be used
with respect to any 1 Indian tribe.
SEC. 204. ABILITY TO PAY.
Section 103(m) of the Water Resources Development Act of 1986 (33
U.S.C. 2213(m)) is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) In general.--Any cost-sharing agreement under this
section for a feasibility study, or for construction of an
environmental protection and restoration project, a flood
control project, a project for navigation, storm damage
protection, shoreline erosion, hurricane protection, or
recreation, or an agricultural
[[Page 114 STAT. 2590]]
water supply project, shall be subject to the ability of the
non-Federal interest to pay.
``(2) Criteria <<NOTE: Deadline.>> 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 under paragraph (3) on the day before the date of
enactment of the Water Resources Development Act of 2000; except
that such criteria and procedures shall be revised, and new
criteria and procedures shall be developed, not later than 180
days after such date of enactment to reflect the requirements of
such paragraph (3).''; and
(2) in paragraph (3)--
(A) by inserting ``and'' after the semicolon at the
end of subparagraph (A)(ii);
(B) by striking subparagraph (B); and
(C) by redesignating subparagraph (C) as
subparagraph (B).
SEC. 205. <<NOTE: 33 USC 2337.>> PROPERTY PROTECTION PROGRAM.
(a) In General.--The Secretary may carry out a program to reduce
vandalism and destruction of property at water resources development
projects under the jurisdiction of the Department of the Army.
(b) Provision of Rewards.--In carrying out the program, the
Secretary may provide rewards (including cash rewards) to individuals
who provide information or evidence leading to the arrest and
prosecution of individuals causing damage to Federal property.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $500,000 for fiscal year 2001 and
each fiscal year thereafter.
SEC. 206. <<NOTE: 33 USC 2323a note.>> NATIONAL RECREATION RESERVATION
SERVICE.
Notwithstanding section 611 of the Treasury and General Government
Appropriations Act, 1999 (112 Stat. 2681-515), the Secretary may--
(1) participate in the National Recreation Reservation
Service on an interagency basis; and
(2) pay the Department of the Army's share of the activities
required to implement, operate, and maintain the Service.
SEC. 207. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.
Section 234(d) of the Water Resources Development Act of 1996 (33
U.S.C. 2323a(d)) is amended--
(1) by striking the first sentence and inserting the
following: ``There <<NOTE: Appropriation authorization.>> is
authorized to be appropriated to carry out this section $250,000
for fiscal year 2001 and each fiscal year thereafter.''; and
(2) in the second sentence by inserting ``out'' after
``carry''.
SEC. 208. <<NOTE: 33 USC 2338.>> REBURIAL AND CONVEYANCE AUTHORITY.
(a) Definition of Indian Tribe.--In this section, the term ``Indian
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(b) Reburial.--
(1) Reburial areas.--In consultation with affected Indian
tribes, the Secretary may identify and set aside areas at civil
[[Page 114 STAT. 2591]]
works projects of the Department of the Army that may be used to
rebury Native American remains that--
(A) have been discovered on project land; and
(B) have been rightfully claimed by a lineal
descendant or Indian tribe in accordance with applicable
Federal law.
(2) Reburial.--In consultation with and with the consent of
the lineal descendant or the affected Indian tribe, the
Secretary may recover and rebury, at Federal expense, the
remains at the areas identified and set aside under subsection
(b)(1).
(c) Conveyance Authority.--
(1) In general.--Subject to paragraph (2), notwithstanding
any other provision of law, the Secretary may convey to an
Indian tribe for use as a cemetery an area at a civil works
project that is identified and set aside by the Secretary under
subsection (b)(1).
(2) Retention of necessary property interests.--In carrying
out paragraph (1), the Secretary shall retain any necessary
right-of-way, easement, or other property interest that the
Secretary determines to be necessary to carry out the authorized
purposes of the project.
SEC. 209. FLOODPLAIN MANAGEMENT REQUIREMENTS.
(a) In General.--Section 402(c) of the Water Resources Development
Act of 1986 (33 U.S.C. 701b-12(c)) is amended--
(1) in the first sentence of paragraph (1) by striking
``Within 6 months after the date of the enactment of this
subsection, the'' and inserting ``The'';
(2) by redesignating paragraph (2) as paragraph (3);
(3) by striking ``Such guidelines shall address'' and
inserting the following:
``(2) Required elements.--The guidelines developed under
paragraph (1) shall--
``(A) address''; and
(4) in paragraph (2) (as designated by paragraph (3) of this
subsection)--
(A) by inserting ``to be undertaken by non-Federal
interests to'' after ``policies'';
(B) by striking the period at the end and inserting
``; and''; and
(C) by adding at the end the following:
``(B) address those measures to be undertaken by
non-Federal interests to preserve the level of flood
protection provided by a project to which subsection (a)
applies.''.
(b) Applicability.--The <<NOTE: 33 USC 701b-12 note.>> amendments
made by subsection (a) shall apply to any project or separable element
of a project with respect to which the Secretary and the non-Federal
interest have not entered a project cooperation agreement on or before
the date of enactment of this Act.
(c) Technical Amendments.--Section 402(b) of the Water Resources
Development Act of 1986 (33 U.S.C. 701b-12(b)) is amended--
(1) in the subsection heading by striking ``Flood Plain''
and inserting ``Floodplain''; and
(2) in the first sentence by striking ``flood plain'' and
inserting ``floodplain''.
[[Page 114 STAT. 2592]]
SEC. 210. NONPROFIT ENTITIES.
(a) Environmental Dredging.--Section 312 of the Water Resources
Development Act of 1990 (33 U.S.C. 1272) is amended by adding at the end
the following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal sponsor may include a nonprofit
entity, with the consent of the affected local government.''.
(b) Lakes Program.--Section 602 of the Water Resources Development
Act of 1986 (100 Stat. 4148-4149) is amended by redesignating subsection
(d) as subsection (e) and by inserting after subsection (c) the
following:
``(d) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out
under this section, a non-Federal interest may include a nonprofit
entity with the consent of the affected local government.''.
(c) Project Modifications for Improvement of Environment.--Section
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) is
amended by redesignating subsections (g) and (h) as subsections (h) and
(i), respectively, and by inserting after subsection (f) the following:
``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood
Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal sponsor for any
project carried out under this section may include a nonprofit entity,
with the consent of the affected local government.''.
SEC. 211. <<NOTE: 31 USC 6505 note.>> PERFORMANCE OF SPECIALIZED OR
TECHNICAL SERVICES.
(a) Definition of State.--In this section, the term ``State'' has
the meaning given the term in section 6501 of title 31, United States
Code.
(b) Authority.--The Corps of Engineers may provide specialized or
technical services to a Federal agency (other than an agency of the
Department of Defense) or a State or local government under section 6505
of title 31, United States Code, only if the chief executive of the
requesting entity submits to the Secretary--
(1) a written request describing the scope of the services
to be performed and agreeing to reimburse the Corps for all
costs associated with the performance of the services; and
(2) a certification that includes adequate facts to
establish that the services requested are not reasonably and
quickly available through ordinary business channels.
(c) Corps Agreement To Perform Services.--The Secretary, after
receiving a request described in subsection (b) to provide specialized
or technical services, shall, before entering into an agreement to
perform the services--
(1) ensure that the requirements of subsection (b) are met
with regard to the request for services; and
(2) execute a certification that includes adequate facts to
establish that the Corps is uniquely equipped to perform such
services.
(d) Annual Report to Congress.--
(1) In <<NOTE: Deadline.>> general.--Not later than the last
day of each calendar year, the Secretary shall provide to the
Committee on
[[Page 114 STAT. 2593]]
Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public
Works of the Senate a report identifying any request submitted
by a Federal agency (other than an agency of the Department of
Defense) or a State or local government to the Corps to provide
specialized or technical services.
(2) Contents of report.--The report shall include, with
respect to each request described in paragraph (1)--
(A) a description of the scope of services
requested;
(B) the certifications required under subsection (b)
and (c);
(C) the status of the request;
(D) the estimated and final cost of the services;
(E) the status of reimbursement;
(F) a description of the scope of services
performed; and
(G) copies of all certifications in support of the
request.
SEC. 212. HYDROELECTRIC POWER PROJECT FUNDING.
Section 216 of the Water Resources Development Act of 1996 (33
U.S.C. 2321a) is amended--
(1) in subsection (a) by striking ``In carrying out'' and
all that follows through ``(1) is'' and inserting the following:
``In carrying out the operation, maintenance, rehabilitation,
and modernization of a hydroelectric power generating facility
at a water resources project under the jurisdiction of the
Department of the Army, the Secretary may, to the extent funds
are made available in appropriations Acts or in accordance with
subsection (c), take such actions as are necessary to optimize
the efficiency of energy production or increase the capacity of
the facility, or both, if, after consulting with the heads of
other appropriate Federal and State agencies, the Secretary
determines that such actions--
``(1) are'';
(2) in the first sentence of subsection (b) by striking
``the proposed uprating'' and inserting ``any proposed
uprating'';
(3) by redesignating subsection (c) as subsection (e); and
(4) by inserting after subsection (b) the following:
``(c) Use of Funds Provided by Preference Customers.--In carrying
out this section, the Secretary may accept and expend funds provided by
preference customers under Federal law relating to the marketing of
power.
``(d) Application.--This section does not apply to any facility of
the Department of the Army that is authorized to be funded under section
2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d-1).''.
SEC. 213. <<NOTE: 33 USC 2339.>> ASSISTANCE PROGRAMS.
(a) Conservation and Recreation Management.--To further training and
educational opportunities at water resources development projects under
the jurisdiction of the Secretary, the Secretary may enter into
cooperative agreements with non-Federal public and nonprofit entities
for services relating to natural resources conservation or recreation
management.
(b) Rural Community Assistance.--In carrying out studies and
projects under the jurisdiction of the Secretary, the Secretary may
enter into cooperative agreements with multistate regional private
nonprofit rural community assistance entities for services,
[[Page 114 STAT. 2594]]
including water resource assessment, community participation, planning,
development, and management activities.
(c) Cooperative Agreements.--A cooperative agreement entered into
under this section shall not be considered to be, or treated as being, a
cooperative agreement to which chapter 63 of title 31, United States
Code, applies.
SEC. 214. <<NOTE: 33 USC 2201 note.>> FUNDING TO PROCESS PERMITS.
(a) In General.--In fiscal years 2001 through 2003, the Secretary,
after public notice, may accept and expend funds contributed by non-
Federal public entities to expedite the evaluation of permits under the
jurisdiction of the Department of the Army.
(b) Effect on Permitting.--In carrying out this section, the
Secretary shall ensure that the use of funds accepted under subsection
(a) will not impact impartial decisionmaking with respect to permits,
either substantively or procedurally.
SEC. 215. <<NOTE: 33 USC 2326c.>> DREDGED MATERIAL MARKETING AND
RECYCLING.
(a) Dredged Material Marketing.--
(1) In <<NOTE: Deadline.>> general.--Not later than 180 days
after the date of enactment of this Act, the Secretary shall
establish a program to allow the direct marketing of dredged
material to public agencies and private entities.
(2) Limitations.--The Secretary shall not establish the
program under paragraph (1) unless the Secretary determines that
the program is in the interest of the United States and is
economically justified, equitable, and environmentally
acceptable.
(3) Regional responsibility.--The program described in
paragraph (1) may authorize each of the 8 division offices of
the Corps of Engineers to market to public agencies and private
entities any dredged material from projects under the
jurisdiction of the regional office. Any revenues generated from
any sale of dredged material to such entities shall be deposited
in the United States Treasury.
(4) Reports.--Not <<NOTE: Deadline.>> later than 180 days
after the date of enactment of this Act, and annually thereafter
for a period of 4 years, the Secretary shall transmit to
Congress a report on the program established under paragraph
(1).
(5) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000 for each
fiscal year.
(b) Dredged Material Recycling.--
(1) Pilot program.--The Secretary shall conduct a pilot
program to provide incentives for the removal of dredged
material from confined disposal facilities associated with Corps
of Engineer navigation projects for the purpose of recycling the
dredged material and extending the life of the confined disposal
facilities.
(2) Report.--Not <<NOTE: Deadline.>> later than 90 days
after the date of completion of the pilot program, the Secretary
shall transmit to Congress a report on the results of the
program.
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000, except
that not to exceed $1,000,000 may be expended with respect to
any project.
[[Page 114 STAT. 2595]]
SEC. 216. <<NOTE: 33 USC 2282 note.>> NATIONAL ACADEMY OF SCIENCES
STUDY.
(a) Definitions.--In this section, the following definitions apply:
(1) Academy.--The term ``Academy'' means the National
Academy of Sciences.
(2) Method.--The term ``method'' means a method, model,
assumption, or other pertinent planning tool used in conducting
an economic or environmental analysis of a water resources
project, including the formulation of a feasibility report.
(3) Feasibility report.--The term ``feasibility report''
means each feasibility report, and each associated environmental
impact statement and mitigation plan, prepared by the Corps of
Engineers for a water resources project.
(4) Water resources project.--The term ``water resources
project'' means a project for navigation, a project for flood
control, a project for hurricane and storm damage reduction, a
project for emergency streambank and shore protection, a project
for ecosystem restoration and protection, and a water resources
project of any other type carried out by the Corps of Engineers.
(b) Independent Peer Review of Projects.--
(1) In <<NOTE: Deadline. Contracts.>> general.--Not later
than 90 days after the date of enactment of this Act, the
Secretary shall contract with the Academy to study, and make
recommendations relating to, the independent peer review of
feasibility reports.
(2) Study elements.--In carrying out a contract under
paragraph (1), the Academy shall study the practicality and
efficacy of the independent peer review of the feasibility
reports, including--
(A) the cost, time requirements, and other
considerations relating to the implementation of
independent peer review; and
(B) objective criteria that may be used to determine
the most effective application of independent peer
review to feasibility reports for each type of water
resources project.
(3) Academy <<NOTE: Deadline.>> report.--Not later than 1
year after the date of a contract under paragraph (1), the
Academy shall submit to the Secretary, 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--
(A) the results of the study conducted under
paragraphs (1) and (2); and
(B) in light of the results of the study, specific
recommendations, if any, on a program for implementing
independent peer review of feasibility reports.
(4) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $1,000,000, to
remain available until expended.
(c) Independent Peer Review of Methods for Project Analysis.--
(1) In <<NOTE: Deadline. Contracts.>> general.--Not later
than 90 days after the date of enactment of this Act, the
Secretary shall contract with the Academy to conduct a study
that includes--
(A) a review of state-of-the-art methods;
[[Page 114 STAT. 2596]]
(B) a review of the methods currently used by the
Secretary;
(C) a review of a sample of instances in which the
Secretary has applied the methods identified under
subparagraph (B) in the analysis of each type of water
resources project; and
(D) a comparative evaluation of the basis and
validity of state-of-the-art methods identified under
subparagraph (A) and the methods identified under
subparagraphs (B) and (C).
(2) Academy <<NOTE: Deadline.>> report.--Not later than 1
year after the date of a contract under paragraph (1), the
Academy shall transmit to the Secretary, 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--
(A) the results of the study conducted under
paragraph (1); and
(B) in light of the results of the study, specific
recommendations for modifying any of the methods
currently used by the Secretary for conducting economic
and environmental analyses of water resources projects.
(3) Authorization of appropriations.--There is authorized to
be appropriated to carry out this subsection $2,000,000. Such
sums shall remain available until expended.
SEC. 217. REHABILITATION OF FEDERAL FLOOD CONTROL LEVEES.
Section 110(e) of the Water Resources Development Act of 1990 (104
Stat. 4622) is amended by striking ``1992,'' and all that follows
through ``1996'' and inserting ``2001 through 2005''.
SEC. 218. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD CONTROL
PROJECTS.
Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
amended in the first sentence by striking ``$40,000,000'' and inserting
``$50,000,000''.
SEC. 219. <<NOTE: 33 USC 2282 note.>> ENGINEERING CONSULTING SERVICES.
In conducting a feasibility study for a water resources project, the
Secretary, to the maximum extent practicable, should not employ a person
for engineering and consulting services if the same person is also
employed by the non-Federal interest for such services unless there is
only 1 qualified and responsive bidder for such services.
SEC. 220. <<NOTE: 33 USC 426e note.>> BEACH RECREATION.
Not <<NOTE: Deadline.>> later than 1 year after the date of
enactment of this Act, the Secretary shall develop and implement
procedures to ensure that all of the benefits of a beach restoration
project, including those benefits attributable to recreation, hurricane
and storm damage reduction, and environmental protection and
restoration, are displayed in reports for such projects.
SEC. 221. <<NOTE: 33 USC 2314 note.>> DESIGN-BUILD CONTRACTING.
(a) Pilot Program.--The Secretary may conduct a pilot program
consisting of not more than 5 authorized projects to test the design-
build method of project delivery on various authorized civil works
projects of the Corps of Engineers, including levees,
[[Page 114 STAT. 2597]]
pumping plants, revetments, dikes, dredging, weirs, dams, retaining
walls, generation facilities, mattress laying, recreation facilities,
and other water resources facilities.
(b) Design-Build Defined.--In this section, the term ``design-
build'' means an agreement between the Federal Government and a
contractor that provides for both the design and construction of a
project by a single contract.
(c) Report.--Not <<NOTE: Deadline.>> later than 4 years after the
date of enactment of this Act, the Secretary shall transmit to Congress
a report on the results of the pilot program.
SEC. 222. ENHANCED PUBLIC PARTICIPATION.
(a) In General.--Section 905 of the Water Resources Development Act
of 1986 (33 U.S.C. 2282) is amended by adding at the end the following:
``(e) Enhanced Public Participation.--
``(1) In <<NOTE: Procedures.>> general.--The Secretary shall
establish procedures to enhance public participation in the
development of each feasibility study under subsection (a),
including, if appropriate, establishment of a stakeholder
advisory group to assist the Secretary with the development of
the study.
``(2) Membership.--If the Secretary provides for the
establishment of a stakeholder advisory group under this
subsection, the membership of the advisory group shall include
balanced representation of social, economic, and environmental
interest groups, and such members shall serve on a voluntary,
uncompensated basis.
``(3) Limitation.--Procedures established under this
subsection shall not delay development of any feasibility study
under subsection (a).''.
SEC. 223. <<NOTE: 33 USC 2201 note.>> MONITORING.
(a) In General.--The Secretary shall conduct a monitoring program of
the economic and environmental results of up to 5 eligible projects
selected by the Secretary.
(b) Duration.--The monitoring of a project selected by the Secretary
under this section shall be for a period of not less than 12 years
beginning on the date of its selection.
(c) Reports.--The <<NOTE: Deadline.>> Secretary shall transmit to
Congress every 3 years a report on the performance of each project
selected under this section.
(d) Eligible Project Defined.--In this section, the term ``eligible
project'' means a water resources project, or separable element
thereof--
(1) for which a contract for physical construction has not
been awarded before the date of enactment of this Act;
(2) that has a total cost of more than $25,000,000; and
(3)(A) that has as a benefit-to-cost ratio of less than 1.5
to 1; or
(B) that has significant environmental benefits or
significant environmental mitigation components.
(e) Costs.--The cost of conducting monitoring under this section
shall be a Federal expense.
SEC. 224. FISH AND WILDLIFE MITIGATION.
(a) Design of Mitigation Projects.--Section 906(d) of the Water
Resources Development Act of 1986 (33 U.S.C. 2283(d)) is amended--
[[Page 114 STAT. 2598]]
(1) by striking ``(1)'' and inserting ``(A)'';
(2) by striking ``(2)'' and inserting ``(B)'';
(3) by striking ``(d) After the date of enactment of this
Act,'' and inserting the following:
``(d) Mitigation Plans as Part of Project Proposals.--
``(1) In general.--After November 17, 1986,'';
(4) by adding at the end the following:
``(2) Design of mitigation projects.--The Secretary shall
design mitigation projects to reflect contemporary understanding
of the science of mitigating the adverse environmental impacts
of water resources projects.''; and
(5) by aligning the remainder of the text of paragraph (1)
(as designated by paragraph (3) of this subsection) with
paragraph (2) (as added by paragraph (4) of this subsection).
(b) Concurrent <<NOTE: 33 USC 2283 note.>> Mitigation.--
(1) Investigation.--
(A) In general.--The Comptroller General shall
conduct an investigation of the effectiveness of the
concurrent mitigation requirements of section 906 of the
Water Resources Development Act of 1986 (33 U.S.C.
2283). In carrying out the investigation, the
Comptroller General shall determine--
(i) whether or not there are instances in
which less than 50 percent of required mitigation
is completed before initiation of project
construction and the number of such instances; and
(ii) the extent to which mitigation projects
restore natural hydrologic conditions, restore
native vegetation, and otherwise support native
fish and wildlife species.
(B) Special rule.--In carrying out subparagraph
(A)(ii), the Comptroller General shall--
(i) <<NOTE: Establishment.>> establish a panel
of independent scientists, comprised of
individuals with expertise and experience in
applicable scientific disciplines, to assist the
Comptroller General; and
(ii) assess methods used by the Corps of
Engineers to monitor and evaluate mitigation
projects, and compare Corps of Engineers
mitigation project design, construction,
monitoring, and evaluation practices with those
used in other publicly and privately financed
mitigation projects.
(2) Report.--Not <<NOTE: Deadline.>> later than 1 year after
the date of enactment of this Act, the Comptroller General shall
transmit to Congress a report on the results of the
investigation.
SEC. 225. FEASIBILITY STUDIES AND PLANNING, ENGINEERING, AND
DESIGN.
Section 105(a)(1)(E) of the Water Resources Development Act of 1986
(33 U.S.C. 2215(a)(1)(E)) is amended by striking ``Not more than \1/2\
of the'' and inserting ``The''.
SEC. 226. <<NOTE: 10 USC 2695 note.>> ADMINISTRATIVE COSTS OF LAND
CONVEYANCES.
Notwithstanding any other provision of law, the administrative costs
associated with the conveyance of property by the Secretary to a non-
Federal governmental or nonprofit entity shall be limited to the extent
that the Secretary determines that such limitation
[[Page 114 STAT. 2599]]
is necessary to complete the conveyance based on the entity's ability to
pay.
SEC. 227. FLOOD MITIGATION AND RIVERINE RESTORATION.
Section 212(e) of the Water Resources Development Act of 1999 (33
U.S.C. 2332(e)) is amended--
(1) by striking ``and'' at the end of paragraph (22);
(2) by striking the period at the end of paragraph (23) and
inserting ``; and''; and
(3) by adding at the end the following:
``(24) Perry Creek, Iowa;
``(25) Lester, St. Louis, East Savanna, and Floodwood
Rivers, Duluth, Minnesota;
``(26) Lower Hudson River and tributaries, New York;
``(27) Susquehanna River watershed, Bradford County,
Pennsylvania; and
``(28) Clear Creek, Harris, Galveston, and Brazoria
Counties, Texas.''.
TITLE III--PROJECT-RELATED PROVISIONS
SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE MITIGATION
PROJECT, ALABAMA AND MISSISSIPPI.
(a) In General.--The Tennessee-Tombigbee Waterway Wildlife
Mitigation Project, Alabama and Mississippi, authorized by section
601(a) of Public Law 99-662 (100 Stat. 4138) is modified to authorize
the Secretary to--
(1) remove the wildlife mitigation purpose designation from
up to 3,000 acres of land as necessary over the life of the
project from lands originally acquired for water resource
development projects included in the Mitigation Project in
accordance with the Report of the Chief of Engineers dated
August 31, 1985;
(2) sell or exchange such lands in accordance with
subsection (c)(1) and under such conditions as the Secretary
determines to be necessary to protect the interests of the
United States, utilize such lands as the Secretary determines to
be appropriate in connection with development, operation,
maintenance, or modification of the water resource development
projects, or grant such other interests as the Secretary may
determine to be reasonable in the public interest; and
(3) acquire, in accordance with subsections (c) and (d),
lands from willing sellers to offset the removal of any lands
from the Mitigation Project for the purposes listed in
subsection (a)(2) of this section.
(b) Removal <<NOTE: Effective date.>> Process.--Beginning on the
date of enactment of this Act, the locations of these lands to be
removed will be determined at appropriate time intervals at the
discretion of the Secretary, in consultation with appropriate Federal
and State fish and wildlife agencies, to facilitate the operation of the
water resource development projects and to respond to regional needs
related to the project. Removals under this subsection shall be
restricted to Project Lands designated for mitigation and shall not
include lands purchased exclusively for mitigation purposes (known as
Separable Mitigation Lands). Parcel identification,
[[Page 114 STAT. 2600]]
removal, and sale may occur assuming acreage acquisitions pursuant to
subsection (d) are at least equal to the total acreage of the lands
removed.
(c) Lands To Be Sold.--(1) Lands to be sold or exchanged pursuant to
subsection (a)(2) shall be made available for related uses consistent
with other uses of the water resource development project lands
(including port, industry, transportation, recreation, and other
regional needs for the project).
(2) Any valuation of land sold or exchanged pursuant to this section
shall be at fair market value as determined by the Secretary.
(3) The Secretary is authorized to accept monetary consideration and
to use such funds without further appropriation to carry out subsection
(a)(3). All monetary considerations made available to the Secretary
under subsection (a)(2) from the sale of lands shall be used for and in
support of acquisitions pursuant to subsection (d). The Secretary is
further authorized for purposes of this section to purchase up to 1,000
acres from funds otherwise available.
(d) Criteria for Land To Be Acquired.--The Secretary shall consult
with the appropriate Federal and State fish and wildlife agencies in
selecting the lands to be acquired pursuant to subsection (a)(3). In
selecting the lands to be acquired, bottomland hardwood and associated
habitats will receive primary consideration. The lands shall be adjacent
to lands already in the Mitigation Project unless otherwise agreed to by
the Secretary and the fish and wildlife agencies.
(e) Dredged Material Disposal Sites.--The Secretary shall utilize
dredged material disposal areas in such a manner as to maximize their
reuse by disposal and removal of dredged materials, in order to conserve
undisturbed disposal areas for wildlife habitat to the maximum extent
practicable. Where the habitat value loss due to reuse of disposal areas
cannot be offset by the reduced need for other unused disposal sites,
the Secretary shall determine, in consultation with Federal and State
fish and wildlife agencies, and ensure full mitigation for any habitat
value lost as a result of such reuse.
(f) Other Mitigation Lands.--The Secretary is also authorized to
transfer by lease, easement, license, or permit lands acquired for the
Wildlife Mitigation Project pursuant to section 601(a) of Public Law 99-
662, in consultation with Federal and State fish and wildlife agencies,
when such transfers are necessary to address transportation, utility,
and related activities. The Secretary shall ensure full mitigation for
any wildlife habitat value lost as a result of such sale or transfer.
Habitat value replacement requirements shall be determined by the
Secretary in consultation with the appropriate fish and wildlife
agencies.
(g) Repeal.--Section 102 of the Water Resources Development Act of
1992 (106 Stat. 4804) is amended by striking subsection (a).
SEC. 302. NOGALES WASH AND TRIBUTARIES, NOGALES, ARIZONA.
The project for flood control, Nogales Wash and tributaries,
Nogales, Arizona, authorized by section 101(a)(4) of the Water Resources
Development Act of 1990 (104 Stat. 4606), and modified by section 303 of
the Water Resources Development Act of 1996 (110 Stat. 3711), is further
modified to provide that the Federal share of the costs associated with
addressing flood control problems
[[Page 114 STAT. 2601]]
in Nogales, Arizona, arising from floodwater flows originating in Mexico
shall be 100 percent.
SEC. 303. BOYDSVILLE, ARKANSAS.
The Secretary shall credit toward the non-Federal share of the cost
of the study to determine the feasibility of the reservoir and
associated improvements in the vicinity of Boydsville, Arkansas,
authorized by section 402 of the Water Resources Development Act of 1999
(113 Stat. 322), not more than $250,000 of the costs of the planning and
engineering investigations carried out by State and local agencies if
the Secretary determines that the investigations are integral to the
study.
SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.
(a) In General.--Subject to subsection (b), the project for flood
control, power generation, and other purposes at the White River Basin,
Arkansas and Missouri, authorized by section 4 of the Rivers and Harbors
Act of June 28, 1938 (52 Stat. 1218), and modified by House Document
917, 76th Congress, 3d Session, and House Document 290, 77th Congress,
1st Session, approved August 18, 1941, and House Document 499, 83d
Congress, 2d Session, approved September 3, 1954, and by section 304 of
the Water Resources Development Act of 1996 (110 Stat. 3711), is further
modified to authorize the Secretary to provide minimum flows necessary
to sustain tail water trout fisheries by reallocating the following
recommended amounts of project storage:
(1) Beaver Lake, 1.5 feet.
(2) Table Rock, 2 feet.
(3) Bull Shoals Lake, 5 feet.
(4) Norfolk Lake, 3.5 feet.
(5) Greers Ferry Lake, 3 feet.
(b) Report.--
(1) In general.--No funds may be obligated to carry out work
on the modification under subsection (a) until the Chief of
Engineers, through completion of a final report, determines that
the work is technically sound, environmentally acceptable, and
economically justified.
(2) Timing.--Not <<NOTE: Deadline.>> later than January 1,
2002, the Secretary shall transmit to Congress the final report.
(3) Contents.--The final report shall include determinations
concerning whether--
(A) the modification under subsection (a) adversely
affects other authorized project purposes; and
(B) Federal costs will be incurred in connection
with the modification.
SEC. 305. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.
The project for navigation, Sacramento Deep Water Ship Channel,
California, authorized by section 202(a) of the Water Resources
Development Act of 1986 (100 Stat. 4092), is modified to authorize the
Secretary to credit toward the non-Federal share of the cost of the
project the value of dredged material from the project that is purchased
by public agencies or nonprofit entities for environmental restoration
or other beneficial uses if the Secretary determines that the use of
such dredged material is technically sound, environmentally acceptable,
and economically justified.
[[Page 114 STAT. 2602]]
SEC. 306. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING, DELAWARE,
NEW JERSEY, AND PENNSYLVANIA.
The project for navigation, Delaware River Mainstem and Channel
Deepening, Delaware, New Jersey, and Pennsylvania, authorized by section
101(6) of the Water Resources Development Act of 1992 (106 Stat. 4802)
and modified by section 308 of the Water Resources Development Act of
1999 (113 Stat. 300), is further modified to authorize the Secretary to
credit toward the non-Federal share of the cost of the project under
section 101(a)(2) of the Water Resources Development Act of 1986 (33
U.S.C. 2211(a)(2)) the costs incurred by the non-Federal interests in
providing additional capacity at dredged material disposal areas,
providing community access to the project (including such disposal
areas), and meeting applicable beautification requirements.
SEC. 307. REHOBOTH BEACH AND DEWEY BEACH, DELAWARE.
The project for storm damage reduction and shoreline protection,
Rehoboth Beach and Dewey Beach, Delaware, authorized by section
101(b)(6) of the Water Resources Development Act of 1996 (110 Stat.
3667), is modified to authorize the project to be carried out at a total
cost of $13,997,000, with an estimated Federal cost of $9,098,000 and an
estimated non-Federal cost of $4,899,000, and an estimated average
annual cost of $1,320,000 for periodic nourishment over the 50-year life
of the project, with an estimated annual Federal cost of $858,000 and an
estimated annual non-Federal cost of $462,000.
SEC. 308. FERNANDINA HARBOR, FLORIDA.
The project for navigation, Fernandina Harbor, Florida, authorized
by the first section of the Act entitled ``An Act making appropriations
for the construction, repair, completion, and preservation of certain
works on rivers and harbors, and for other purposes'', approved June 14,
1880 (21 Stat. 186), is modified to authorize the Secretary to realign
the access channel in the vicinity of the Fernandina Beach Municipal
Marina 100 feet to the west. The cost of the realignment, including
acquisition of lands, easements, rights-of-way, and dredged material
disposal areas and relocations, shall be a non-Federal expense.
SEC. 309. GASPARILLA AND ESTERO ISLANDS, FLORIDA.
The project for shore protection, Gasparilla and Estero Island
segments, Lee County, Florida, authorized under section 201 of the Flood
Control Act of 1965 (79 Stat. 1073) by Senate Resolution dated December
17, 1970, and by House Resolution dated December 15, 1970, is modified
to authorize the Secretary to enter into an agreement with the non-
Federal interest to carry out the project in accordance with section 206
of the Water Resources Development Act of 1992 (33 U.S.C. 426i-1) if the
Secretary determines that the project is technically sound,
environmentally acceptable, and economically justified.
SEC. 310. EAST SAINT LOUIS AND VICINITY, ILLINOIS.
The project for flood protection, East Saint Louis and vicinity,
Illinois (East Side levee and sanitary district), authorized by section
204 of the Flood Control Act of 1965 (79 Stat. 1082), is modified to
include ecosystem restoration as a project purpose.
[[Page 114 STAT. 2603]]
SEC. 311. KASKASKIA RIVER, KASKASKIA, ILLINOIS.
The project for navigation, Kaskaskia River, Kaskaskia, Illinois,
authorized by section 101 of the River and Harbor Act of 1962 (76 Stat.
1175), is modified to include recreation as a project purpose.
SEC. 312. WAUKEGAN HARBOR, ILLINOIS.
The project for navigation, Waukegan Harbor, Illinois, authorized by
the first section of the Act entitled ``An Act making appropriations for
the construction, repair, completion, and preservation of certain works
on rivers and harbors, and for other purposes'', approved June 14, 1880
(21 Stat. 192), is modified to authorize the Secretary to extend the
upstream limit of the project 275 feet to the north at a width of 375
feet if the Secretary determines that the extension is feasible.
SEC. 313. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.
The Secretary shall credit toward the non-Federal share of the cost
of the study to determine the feasibility of improvements to the upper
Des Plaines River and tributaries, phase 2, Illinois and Wisconsin,
authorized by section 419 of the Water Resources Development Act of 1999
(113 Stat. 324), the cost of work carried out by the non-Federal
interests before the date of execution of the study cost-sharing
agreement if--
(1) the Secretary and the non-Federal interests enter into a
cost-sharing agreement for the study; and
(2) the Secretary determines that the work is integral to
the study.
SEC. 314. CUMBERLAND, KENTUCKY.
The Secretary shall initiate construction, using continuing
contracts, of the city of Cumberland, Kentucky, flood control project,
authorized by section 202(a) of the Energy and Water Development
Appropriation Act, 1981 (94 Stat. 1339), in accordance with option 4 in
the detailed project report, dated September 1998, as modified, to
prevent losses from a flood equal in magnitude to the April 1977 level
by providing protection from the 100-year frequency event and to share
all costs in accordance with section 103 of Public Law 99-662, as
amended.
SEC. 315. ATCHAFALAYA BASIN, LOUISIANA.
(a) In General.--Notwithstanding the report of the Chief of
Engineers, dated February 28, 1983, for the project for flood control,
Atchafalaya Basin Floodway System, Louisiana, authorized by section
601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142),
which report refers to recreational development in the Lower Atchafalaya
Basin Floodway, the Secretary--
(1) shall initiate, in collaboration with the State of
Louisiana, construction of the visitors center, authorized as
part of the project, at or near Lake End Park in Morgan City,
Louisiana; and
(2) shall construct other recreational features, authorized
as part of the project, within, and in the vicinity of, the
Lower Atchafalaya Basin protection levees.
(b) Authorities.--The Secretary shall carry out subsection (a) in
accordance with--
(1) the feasibility study for the Atchafalaya Basin Floodway
System, Louisiana, dated January 1982; and
[[Page 114 STAT. 2604]]
(2) the recreation cost-sharing requirements of section
103(c) of the Water Resources Development Act of 1986 (33 U.S.C.
2213(c)).
SEC. 316. RED RIVER WATERWAY, LOUISIANA.
The project for mitigation of fish and wildlife losses, Red River
Waterway, Louisiana, authorized by section 601(a) of the Water Resources
Development Act of 1986 (100 Stat. 4142) and modified by section 4(h) of
the Water Resources Development Act of 1988 (102 Stat. 4016), section
102(p) of the Water Resources Development Act of 1990 (104 Stat. 4613),
and section 301(b)(7) of the Water Resources Development Act of 1996
(110 Stat. 3710), is further modified to authorize the purchase of
mitigation land from willing sellers in any of the parishes that
comprise the Red River Waterway District, consisting of Avoyelles,
Bossier, Caddo, Grant, Natchitoches, Rapides, and Red River Parishes.
SEC. 317. THOMASTON HARBOR, GEORGES RIVER, MAINE.
The project for navigation, Georges River, Maine (Thomaston Harbor),
authorized by the first section of the Act entitled ``An Act making
appropriations for the construction, repair, and preservation of certain
public works on rivers and harbors, and for other purposes'', approved
June 3, 1896 (29 Stat. 215), is modified to redesignate the following
portion of the project as an anchorage area: The portion lying
northwesterly of a line commencing at point N86,946.770, E321,303.830
thence running northeasterly about 203.67 feet to a point N86,994.750,
E321,501.770.
SEC. 318. POPLAR ISLAND, MARYLAND.
(a) In General.--The project for the beneficial use of dredged
material at Poplar Island, Maryland, authorized by section 537 of the
Water Resources Development Act of 1996 (110 Stat. 3776), is modified--
(1) to provide that the non-Federal share of the cost of the
project may be provided in cash or in the form of in-kind
services or materials; and
(2) to direct the Secretary to credit toward the non-Federal
share of the cost of a project the cost of design and
construction work carried out by the non-Federal interest before
the date of execution of a cooperation agreement for the project
if the Secretary determines that the work is integral to the
project.
(b) Reduction.--The private sector performance goals for engineering
work of the Baltimore District of the Corps of Engineers shall be
reduced by the amount of the credit under subsection (a)(2).
SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.
(a) In General.--The Secretary may provide design and construction
assistance for recreational facilities in the State of Maryland at the
William Jennings Randolph Lake (Bloomington Dam), Maryland and West
Virginia, project authorized by section 203 of the Flood Control Act of
1962 (76 Stat. 1182).
(b) Non-Federal Share.--The Secretary shall require the non-Federal
interest to provide 50 percent of the costs of designing and
constructing the recreational facilities under subsection (a).
[[Page 114 STAT. 2605]]
SEC. 320. BRECKENRIDGE, MINNESOTA.
(a) In General.--The Secretary may complete the project for flood
damage reduction, Breckenridge, Minnesota, substantially in accordance
with the detailed project report dated September 2000, at a total cost
of $21,000,000, with an estimated Federal cost of $13,650,000 and an
estimated non-Federal cost of $7,350,000.
(b) In-Kind Services.--The non-Federal interest may provide its
share of project costs in cash or in the form of in-kind services or
materials.
(c) Credit.--The Secretary shall credit toward the non-Federal share
of the cost of the project the cost of design and construction work
carried out on the project by the non-Federal interest before the date
of the cooperation agreement for the modified project or execution of a
new cooperation agreement for the project if the Secretary determines
that the work is integral to the project.
SEC. 321. DULUTH HARBOR, MINNESOTA.
The project for navigation, Duluth Harbor, Minnesota, carried out
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
is modified to include the relocation of Scenic Highway 61, including
any required bridge construction.
SEC. 322. LITTLE FALLS, MINNESOTA.
The project for clearing, snagging, and sediment removal, East Bank
of the Mississippi River, Little Falls, Minnesota, authorized under
section 3 of the Act entitled ``An Act authorizing the construction,
repair, and preservation of certain public works on rivers and harbors,
and for other purposes'', approved March 2, 1945 (33 U.S.C. 603a), is
modified to direct the Secretary to construct the project substantially
in accordance with the plans contained in the feasibility report of the
District Engineer, dated June 2000.
SEC. 323. NEW MADRID COUNTY, MISSOURI.
(a) In General.--The project for navigation, New Madrid County
Harbor, New Madrid County, Missouri, carried out under section 107 of
the River and Harbor Act of 1960 (33 U.S.C. 577), is authorized as
described in the feasibility report for the project, including both
phase 1 and phase 2 of the project.
(b) Credit.--The Secretary shall credit toward the non-Federal share
of the cost of the project the costs of construction work for phase 1 of
the project carried out by the non-Federal interest if the Secretary
determines that the construction work is integral to the project.
SEC. 324. PEMISCOT COUNTY HARBOR, MISSOURI.
The Secretary shall credit toward the non-Federal share of the cost
of the project for navigation, Pemiscot County Harbor, Missouri, carried
out under section 107 of the River and Harbor Act of 1960 (33 U.S.C.
577), the cost of construction work carried out for the project after
December 31, 1997, by the non-Federal interest if the Secretary
determines that the work is integral to the project.
SEC. 325. FORT PECK FISH HATCHERY, MONTANA.
(a) Findings.--Congress finds that--
(1) Fort Peck Lake, Montana, is in need of a multispecies
fish hatchery;
[[Page 114 STAT. 2606]]
(2) the burden of carrying out efforts to raise and stock
fish species in Fort Peck Lake has been disproportionately borne
by the State of Montana despite the existence of a Federal
project at Fort Peck Lake;
(3)(A) as of the date of enactment of this Act, eastern
Montana has only 1 warm water fish hatchery, which is inadequate
to meet the demands of the region; and
(B) a disease or infrastructure failure at that hatchery
could imperil fish populations throughout the region;
(4) although the multipurpose project at Fort Peck, Montana,
authorized by the first section of the Act of August 30, 1935
(49 Stat. 1034, chapter 831), was intended to include irrigation
projects and other activities designed to promote economic
growth, many of those projects were never completed, to the
detriment of the local communities flooded by the Fort Peck Dam;
(5) the process of developing an environmental impact
statement for the update of the Corps of Engineers Master Manual
for the operation of the Missouri River recognized the need for
greater support of recreation activities and other authorized
purposes of the Fort Peck project;
(6)(A) although fish stocking is included among the
authorized purposes of the Fort Peck project, the State of
Montana has funded the stocking of Fort Peck Lake since 1947;
and
(B) the obligation to fund the stocking constitutes an undue
burden on the State; and
(7) a viable multispecies fishery would spur economic
development in the region.
(b) Purposes.--The purposes of this section are--
(1) to authorize and provide funding for the design and
construction of a multispecies fish hatchery at Fort Peck Lake,
Montana; and
(2) to ensure stable operation and maintenance of the fish
hatchery.
(c) Definitions.--In this section, the following definitions apply:
(1) Fort peck lake.--The term ``Fort Peck Lake'' means the
reservoir created by the damming of the upper Missouri River in
northeastern Montana.
(2) Hatchery project.--The term ``hatchery project'' means
the project authorized by subsection (d).
(d) Authorization.--The Secretary shall carry out a project at Fort
Peck Lake, Montana, for the design and construction of a fish hatchery
and such associated facilities as are necessary to sustain a
multispecies fishery.
(e) Cost Sharing.--
(1) Design and construction.--
(A) Federal share.--The Federal share of the costs
of design and construction of the hatchery project shall
be 75 percent.
(B) Form of non-federal share.--The non-Federal
share of the costs of the hatchery project may be
provided in the form of cash or in the form of land,
easements, rights-of-way, services, roads, or any other
form of in-kind contribution determined by the Secretary
to be appropriate.
[[Page 114 STAT. 2607]]
(C) Required crediting.--The Secretary shall credit
toward the non-Federal share of the costs of the
hatchery project--
(i) the costs to the State of Montana of
stocking Fort Peck Lake during the period
beginning January 1, 1947; and
(ii) the costs to the State of Montana and the
counties having jurisdiction over land surrounding
Fort Peck Lake of construction of local access
roads to the lake.
(2) Operation, maintenance, repair, and replacement.--
(A) In general.--Except as provided in subparagraph
(B), the operation, maintenance, repair, and replacement
of the hatchery project shall be a non-Federal
responsibility.
(B) Costs associated with threatened and endangered
species.--The costs of operation and maintenance
associated with raising threatened or endangered species
shall be a Federal responsibility.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated--
(A) $20,000,000 to carry out this section (other
than subsection (e)(2)(B)); and
(B) such sums as are necessary to carry out
subsection (e)(2)(B).
(2) Availability of funds.--Sums made available to carry out
this section shall remain available until expended.
SEC. 326. SAGAMORE CREEK, NEW HAMPSHIRE.
The Secretary shall carry out maintenance dredging of the Sagamore
Creek Channel, New Hampshire.
SEC. 327. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY.
(a) In General.--The project for flood control, Passaic River, New
Jersey and New York, authorized by section 101(a)(18) of the Water
Resources Development Act of 1990 (104 Stat. 4607), is modified to
direct the Secretary to give priority to nonstructural approaches for
flood control as alternatives to the construction of the Passaic River
tunnel element, while maintaining the integrity of other separable
mainstream project elements, wetland banks, and other independent
projects that were authorized to be carried out in the Passaic River
basin before the date of enactment of this Act.
(b) Reevaluation of Floodway Study.--The Secretary shall review the
Passaic River floodway buyout study, dated October 1995, to calculate
the benefits of a buyout and environmental restoration using the method
used to calculate the benefits of structural projects under section
308(b) of the Water Resources Development Act of 1990 (33 U.S.C.
2318(b)).
(c) Reevaluation of 10-Year Floodplain Study.--The Secretary shall
review the Passaic River buyout study of the 10-year floodplain beyond
the floodway of the central Passaic River basin, dated September 1995,
to calculate the benefits of a buyout and environmental restoration
using the method used to calculate the benefits of structural projects
under section 308(b) of the Water Resources Development Act of 1990 (33
U.S.C. 2318(b)).
(d) Preservation of Natural Storage Areas.--
[[Page 114 STAT. 2608]]
(1) In general.--The Secretary shall reevaluate the
acquisition, from willing sellers, for flood protection
purposes, of wetlands in the central Passaic River basin to
supplement the wetland acquisition authorized by section
101(a)(18)(C)(vi) of the Water Resources Development Act of 1990
(104 Stat. 4609).
(2) Purchase.--If the Secretary determines that the
acquisition of wetlands evaluated under paragraph (1) is
economically justified, the Secretary shall purchase the
wetlands, with the goal of purchasing not more than 8,200 acres.
(e) Streambank Erosion Control Study.--The Secretary shall review
relevant reports and conduct a study to determine the feasibility of
carrying out a project for environmental restoration, erosion control,
and streambank restoration along the Passaic River, from Dundee Dam to
Kearny Point, New Jersey.
(f) Passaic River Flood Management Task Force.--
(1) Establishment.--The Secretary, in cooperation with the
non-Federal interest, shall establish a task force, to be known
as the ``Passaic River Flood Management Task Force'', to provide
advice to the Secretary concerning all aspects of the Passaic
River flood management project.
(2) Membership.--The task force shall be composed of 22
members, appointed as follows:
(A) Appointment by secretary.--The Secretary shall
appoint 1 member to represent the Corps of Engineers and
to provide technical advice to the task force.
(B) Appointments by governor of new jersey.--The
Governor of New Jersey shall appoint 20 members to the
task force, as follows:
(i) 2 representatives of the New Jersey
legislature who are members of different political
parties.
(ii) 3 representatives of the State of New
Jersey.
(iii) 1 representative of each of Bergen,
Essex, Morris, and Passaic Counties, New Jersey.
(iv) 6 representatives of governments of
municipalities affected by flooding within the
Passaic River basin.
(v) 1 representative of the Palisades
Interstate Park Commission.
(vi) 1 representative of the North Jersey
District Water Supply Commission.
(vii) 1 representative of each of the
Association of New Jersey Environmental
Commissions, the Passaic River Coalition, and the
Sierra Club.
(C) Appointment by governor of new york.--The
Governor of New York shall appoint 1 representative of
the State of New York to the task force.
(3) Meetings.--
(A) Regular meetings.--The task force shall hold
regular meetings.
(B) Open meetings.--The meetings of the task force
shall be open to the public.
(4) Annual report.--The task force shall transmit annually
to the Secretary and to the non-Federal interest a report
describing the achievements of the Passaic River flood
management project in preventing flooding and any impediments to
completion of the project.
[[Page 114 STAT. 2609]]
(5) Expenditure of funds.--The Secretary may use funds made
available to carry out the Passaic River basin flood management
project to pay the administrative expenses of the task force.
(6) Termination.--The task force shall terminate on the date
on which the Passaic River flood management project is
completed.
(g) Acquisition of Lands in the Floodway.--Section 1148 of the Water
Resources Development Act of 1986 (100 Stat. 4254; 110 Stat. 3718) is
amended by adding at the end the following:
``(e) Consistency With New Jersey Blue Acres Program.--The Secretary
shall carry out this section in a manner that is consistent with the
Blue Acres Program of the State of New Jersey.''.
(h) Study of Highlands Land Conservation.--The Secretary, in
cooperation with the Secretary of Agriculture and the State of New
Jersey, may study the feasibility of conserving land in the Highlands
region of New Jersey and New York to provide additional flood protection
for residents of the Passaic River basin in accordance with section 212
of the Water Resources Development Act of 1999 (33 U.S.C. 2332).
(i) Restriction on Use of Funds.--The Secretary shall not obligate
any funds to carry out design or construction of the tunnel element of
the Passaic River flood control project, as authorized by section
101(a)(18)(A) of the Water Resources Development Act of 1990 (104 Stat.
4607).
SEC. 328. TIMES BEACH NATURE PRESERVE, BUFFALO, NEW YORK.
The project for improving the quality of the environment, Times
Beach Nature Preserve, Buffalo, New York, carried out under section 1135
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), is
modified to include recreation as a project purpose.
SEC. 329. ROCKAWAY INLET TO NORTON POINT, NEW YORK.
(a) In General.--The project for shoreline protection, Atlantic
Coast of New York City from Rockaway Inlet to Norton Point (Coney Island
Area), New York, authorized by section 501(a) of the Water Resources
Development Act of 1986 (100 Stat. 4135), is modified to authorize the
Secretary to construct T-groins to improve sand retention down drift of
the West 37th Street groin, in the Sea Gate area of Coney Island, New
York, as identified in the March 1998 report prepared for the Corps of
Engineers, entitled ``Field Data Gathering Project Performance Analysis
and Design Alternative Solutions to Improve Sandfill Retention'', at a
total cost of $9,000,000, with an estimated Federal cost of $5,850,000
and an estimated non-Federal cost of $3,150,000.
(b) Cost Sharing.--The non-Federal share of the costs of
constructing the T-groins under subsection (a) shall be 35 percent.
(c) Conforming Amendment.--Section 541 of the Water Resources
Development Act of 1999 (113 Stat. 350) is repealed.
SEC. 330. GARRISON DAM, NORTH DAKOTA.
The Secretary shall conduct a study of the Garrison Dam, North
Dakota, feature of the project for flood control, Missouri River Basin,
authorized by section 9(a) of the Flood Control Act of December 22, 1944
(58 Stat. 891), to determine if the damage to the water transmission
line for Williston, North Dakota, is the result of a design deficiency
and, if the Secretary determines that
[[Page 114 STAT. 2610]]
the damage is the result of a design deficiency, shall correct the
deficiency.
SEC. 331. DUCK CREEK, OHIO.
(a) In General.--The project for flood control, Duck Creek, Ohio,
authorized by section 101(a)(24) of the Water Resources Development Act
of 1996 (110 Stat. 3665), is modified to authorize the Secretary to
carry out the project at a total cost of $36,323,000.
(b) Non-Federal Share.--Notwithstanding section 103 of the Water
Resources Development Act of 1986 (33 U.S.C. 2213), the non-Federal
share of the cost of the project shall not exceed $4,200,000.
SEC. 332. JOHN DAY POOL, OREGON AND WASHINGTON.
(a) Extinguishment of Reversionary Interests and Use Restrictions.--
With respect to the land described in each deed specified in subsection
(b)--
(1) the reversionary interests and the use restrictions
relating to port or industrial purposes are extinguished;
(2) the human habitation or other building structure use
restriction is extinguished in each area where the elevation is
above the standard project flood elevation; and
(3) the use of fill material to raise low areas above the
standard project flood elevation is authorized, except in any
low area constituting wetland for which a permit under section
404 of the Federal Water Pollution Control Act (33 U.S.C. 1344)
would be required.
(b) Affected Deeds.--Subsection (a) applies to deeds with the
following county auditors' numbers:
(1) Auditor's Microfilm Numbers 229 and 16226 of Morrow
County, Oregon, executed by the United States.
(2) The portion of the land conveyed in a deed executed by
the United States and bearing Benton County, Washington,
Auditor's File Number 601766, described as a tract of land lying
in sec. 7, T. 5 N., R. 28 E., Willamette meridian, Benton
County, Washington, being more particularly described by the
following boundaries:
(A) Commencing at the point of intersection of the
centerlines of Plymouth Street and Third Avenue in the
First Addition to the Town of Plymouth (according to the
duly recorded plat thereof).
(B) Thence west along the centerline of Third
Avenue, a distance of 565 feet.
(C) Thence south 54/ 10' west, to a point on the
west line of Tract 18 of that Addition and the true
point of beginning.
(D) Thence north, parallel with the west line of
that sec. 7, to a point on the north line of that sec.
7.
(E) Thence west along the north line thereof to the
northwest corner of that sec. 7.
(F) Thence south along the west line of that sec. 7
to a point on the ordinary high water line of the
Columbia River.
(G) Thence northeast along that high water line to a
point on the north and south coordinate line of the
Oregon Coordinate System, North Zone, that coordinate
line being east 2,291,000 feet.
[[Page 114 STAT. 2611]]
(H) Thence north along that line to a point on the
south line of First Avenue of that Addition.
(I) Thence west along First Avenue to a point on the
southerly extension of the west line of T. 18.
(J) Thence north along that west line of T. 18 to
the point of beginning.
SEC. 333. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND.
Section 352 of the Water Resources Development Act of 1999 (113
Stat. 310) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Credit Toward Non-Federal Share.--The Secretary shall credit
toward the non-Federal share of the cost of the project, or reimburse
the non-Federal interest, for the Federal share of the costs of repairs
authorized under subsection (a) that are incurred by the non-Federal
interest before the date of execution of the project cooperation
agreement.''.
SEC. 334. NONCONNAH CREEK, TENNESSEE AND MISSISSIPPI.
The project for flood control, Nonconnah Creek, Tennessee and
Mississippi, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4124), is modified to authorize the
Secretary--
(1) to extend the area protected by the flood control
element of the project upstream approximately 5 miles to
Reynolds Road; and
(2) to extend the hiking and biking trails of the
recreational element of the project from 8.8 to 27 miles;
if the Secretary determines that it is technically sound,
environmentally acceptable, and economically justified.
SEC. 335. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.
The project for flood control, San Antonio channel, Texas,
authorized by section 203 of the Flood Control Act of 1954 (68 Stat.
1259) as part of the comprehensive plan for flood protection on the
Guadalupe and San Antonio Rivers in Texas, and modified by section 103
of the Water Resources Development Act of 1976 (90 Stat. 2921), is
further modified to include environmental restoration and recreation as
project purposes.
SEC. 336. BUCHANAN AND DICKENSON COUNTIES, VIRGINIA.
The project for flood control, Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River, authorized by section 202 of the
Energy and Water Development Appropriation Act, 1981 (94 Stat. 1339),
and modified by section 352 of the Water Resources Development Act of
1996 (110 Stat. 3724-3725), is further modified to direct the Secretary
to determine the ability of Buchanan and Dickenson Counties, Virginia,
to pay the non-Federal share of the cost of the project based solely on
the criterion specified in section 103(m)(3)(A)(i) of the Water
Resources Development Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)).
SEC. 337. BUCHANAN, DICKENSON, AND RUSSELL COUNTIES, VIRGINIA.
(a) In General.--Subject to subsection (b), at the request of the
John Flannagan Water Authority, Dickenson County, Virginia, the
Secretary may reallocate, under section 322 of the Water
[[Page 114 STAT. 2612]]
Resources Development Act of 1990 (33 U.S.C. 2324), water supply storage
space in the John Flannagan Reservoir, Dickenson County, Virginia,
sufficient to yield water withdrawals in amounts not to exceed 3,000,000
gallons per day in order to provide water for the communities in
Buchanan, Dickenson, and Russell Counties, Virginia, notwithstanding the
limitation in section 322(b) of such Act.
(b) Limitation.--The Secretary may only make the reallocation under
subsection (a) to the extent the Secretary determines that such
reallocation will not have an adverse impact on other project purposes
of the John Flannagan Reservoir.
SEC. 338. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.
The project for beach erosion control and hurricane protection,
Sandbridge Beach, Virginia Beach, Virginia, authorized by section
101(22) of the Water Resources Development Act of 1992 (106 Stat. 4804),
is modified to direct the Secretary to provide 50 years of periodic
beach nourishment beginning on the date on which construction of the
project was initiated in 1998.
SEC. 339. MOUNT ST. HELENS, WASHINGTON.
The project for sediment control, Mount St. Helens, Washington,
authorized by chapter IV of title I of the Supplemental Appropriations
Act, 1985 (99 Stat. 318), is modified to authorize the Secretary to
maintain, for Longview, Kelso, Lexington, and Castle Rock on the Cowlitz
River, Washington, the flood protection levels specified in the October
1985 report of the Chief of Engineers entitled ``Mount St. Helens,
Washington, Decision Document (Toutle, Cowlitz, and Columbia Rivers)'',
published as House Document No. 135, 99th Congress.
SEC. 340. LOWER MUD RIVER, MILTON, WEST VIRGINIA.
The project for flood damage reduction, Lower Mud River, Milton,
West Virginia, authorized by section 580 of the Water Resources
Development Act of 1996 (110 Stat. 3790), is modified to direct the
Secretary to carry out the project.
SEC. 341. FOX RIVER SYSTEM, WISCONSIN.
Section 332(a) of the Water Resources Development Act of 1992 (106
Stat. 4852) is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(1) In general.--The Secretary''; and
(2) by adding at the end the following:
``(2) Payments to state.--The terms and conditions of the
transfer may include 1 or more payments to the State of
Wisconsin to assist the State in paying the costs of repair and
rehabilitation of the transferred locks and appurtenant
features.''.
SEC. 342. CHESAPEAKE BAY OYSTER RESTORATION.
Section 704(b) of the Water Resources Development Act of 1986 (33
U.S.C. 2263(b)) is amended--
(1) in the second sentence by striking ``$7,000,000'' and
inserting ``$20,000,000'';
(2) by striking paragraph (4) and inserting the following:
``(4) the construction of reefs and related clean shell
substrate for fish habitat, including manmade 3-dimensional
oyster reefs, in the Chesapeake Bay and its tributaries in
Maryland
[[Page 114 STAT. 2613]]
and Virginia if the reefs are preserved as permanent sanctuaries
by the non-Federal interests, consistent with the
recommendations of the scientific consensus document on
Chesapeake Bay oyster restoration dated June 1999.''; and
(3) by inserting after ``25 percent.'' the following: ``In
carrying out paragraph (4), the Chief of Engineers may solicit
participation by and the services of commercial watermen in the
construction of the reefs.''.
SEC. 343. <<NOTE: 33 USC 426o-1.>> GREAT LAKES DREDGING LEVELS
ADJUSTMENT.
(a) Definition of Great Lake.--In this section, the term ``Great
Lake'' means Lake Superior, Lake Michigan, Lake Huron (including Lake
St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence
River to the 45th parallel of latitude).
(b) Dredging Levels.--In operating and maintaining Federal channels
and harbors of, and the connecting channels between, the Great Lakes,
the Secretary shall conduct such dredging as is necessary to ensure
minimal operation depths consistent with the original authorized depths
of the channels and harbors when water levels in the Great Lakes are, or
are forecast to be, below the International Great Lakes Datum of 1985.
SEC. 344. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT
REMEDIATION.
Section 401 of the Water Resources Development Act of 1990 (33
U.S.C. 1268 note; 104 Stat. 4644; 110 Stat. 3763; 113 Stat. 338) is
amended--
(1) in subsection (a)(2)(A) by striking ``50 percent'' and
inserting ``35 percent'';
(2) in subsection (b)--
(A) by striking paragraph (3);
(B) in the first sentence of paragraph (4) by
striking ``50 percent'' and inserting ``35 percent'';
and
(C) by redesignating paragraph (4) as paragraph (3);
and
(3) in subsection (c) by striking ``$5,000,000 for each of
fiscal years 1998 through 2000.'' and inserting ``$10,000,000
for each of fiscal years 2001 through 2006.''.
SEC. 345. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND SOUND.
(a) In <<NOTE: Deadline.>> General.--Not later than December 31,
2002, the Secretary shall carry out a demonstration program for the use
of innovative sediment treatment technologies for the treatment of
dredged material from Long Island Sound.
(b) Project Considerations.--In carrying out subsection (a), the
Secretary shall, to the maximum extent practicable--
(1) encourage partnerships between the public and private
sectors;
(2) build on treatment technologies that have been used
successfully in demonstration or full-scale projects (including
projects carried out in the States of New York, New Jersey, and
Illinois), such as technologies described in--
(A) section 405 of the Water Resources Development
Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863); and
(B) section 503 of the Water Resources Development
Act of 1999 (33 U.S.C. 2314 note; 113 Stat. 337);
[[Page 114 STAT. 2614]]
(3) ensure that dredged material from Long Island Sound that
is treated under the demonstration project is disposed of by
beneficial reuse, by open water disposal, or at a licensed waste
facility, as appropriate; and
(4) ensure that the demonstration project is consistent with
the findings and requirements of any draft environmental impact
statement on the designation of 1 or more dredged material
disposal sites in Long Island Sound that is scheduled for
completion in 2001.
(c) Non-Federal Share.--The non-Federal share of the cost of each
project carried out under the demonstration program authorized by this
section shall be 35 percent.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000.
SEC. 346. <<NOTE: 33 USC 59bb-1.>> DECLARATION OF NONNAVIGABILITY
FOR LAKE ERIE, NEW YORK.
(a) Area To Be Declared Nonnavigable; Public Interest.--Unless the
Secretary finds, after consultation with local and regional public
officials (including local and regional public planning organizations),
that the proposed projects to be undertaken within the boundaries in the
portion of Erie County, New York, described in subsection (b), are not
in the public interest then, subject to subsection (c), those portions
of such county that were once part of Lake Erie and are now filled are
declared to be nonnavigable waters of the United States.
(b) Boundaries.--The portion of Erie County, New York, referred to
in subsection (a) is all that tract or parcel of land, situated in the
town of Hamburg and the city of Lackawanna, Erie County, New York, being
part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25
of the Ogden Gore Tract and part of Lots 23, 24, and 36 of the Buffalo
Creek Reservation, Township 10, Range 8 of the Holland Land Company's
Survey and more particularly bounded and described as follows:
Beginning at a point on the westerly highway boundary of
Hamburg Turnpike (66.0 feet wide), said point being 547.89 feet
South 19/36'46'' East from the intersection of the westerly
highway boundary of Hamburg Turnpike (66.0 feet wide) and the
northerly line of the City of Lackawanna (also being the
southerly line of the City of Buffalo); thence South 19/36'46''
East along the westerly highway boundary of Hamburg Turnpike
(66.0 feet wide) a distance of 628.41 feet; thence along the
westerly highway boundary of Hamburg Turnpike as appropriated by
the New York State Department of Public Works as shown on Map
No. 40-R2, Parcel No. 44 the following 20 courses and distances:
(1) South 10/00'07'' East a distance of 164.30 feet;
(2) South 18/40'45'' East a distance of 355.00 feet;
(3) South 71/23'35'' West a distance of 2.00 feet;
(4) South 18/40'45'' East a distance of 223.00 feet;
(5) South 22/29'36'' East a distance of 150.35 feet;
(6) South 18/40'45'' East a distance of 512.00 feet;
(7) South 16/49'53'' East a distance of 260.12 feet;
(8) South 18/34'20'' East a distance of 793.00 feet;
(9) South 71/23'35'' West a distance of 4.00 feet;
(10) South 18/13'24'' East a distance of 132.00
feet;
(11) North 71/23'35'' East a distance of 4.67 feet;
[[Page 114 STAT. 2615]]
(12) South 18/30'00'' East a distance of 38.00 feet;
(13) South 71/23'35'' West a distance of 4.86 feet;
(14) South 18/13'24'' East a distance of 160.00
feet;
(15) South 71/23'35'' East a distance of 9.80 feet;
(16) South 18/36'25'' East a distance of 159.00
feet;
(17) South 71/23'35'' West a distance of 3.89 feet;
(18) South 18/34'20'' East a distance of 180.00
feet;
(19) South 20/56'05'' East a distance of 138.11
feet;
(20) South 22/53'55'' East a distance of 272.45 feet
to a point on the westerly highway boundary of Hamburg
Turnpike.
Thence southerly along the westerly highway boundary of Hamburg
Turnpike, South 18/36'25'' East, a distance of 2228.31 feet;
thence along the westerly highway boundary of Hamburg Turnpike
as appropriated by the New York State Department of Public Works
as shown on Map No. 27 Parcel No. 31 the following 2 courses and
distances:
(1) South 16/17'25'' East a distance of 74.93 feet;
(2) along a curve to the right having a radius of
1004.74 feet; a chord distance of 228.48 feet along a
chord bearing of South 08/12'16'' East, a distance of
228.97 feet to a point on the westerly highway boundary
of Hamburg Turnpike.
Thence southerly along the westerly highway boundary of Hamburg
Turnpike, South 4/35'35'' West a distance of 940.87 feet; thence
along the westerly highway boundary of Hamburg Turnpike as
appropriated by the New York State Department of Public Works as
shown on Map No. 1 Parcel No. 1 and Map No. 5 Parcel No. 7 the
following 18 courses and distances:
(1) North 85/24'25'' West a distance of 1.00 feet;
(2) South 7/01'17'' West a distance of 170.15 feet;
(3) South 5/02'54'' West a distance of 180.00 feet;
(4) North 85/24'25'' West a distance of 3.00 feet;
(5) South 5/02'54'' West a distance of 260.00 feet;
(6) South 5/09'11'' West a distance of 110.00 feet;
(7) South 0/34'35'' West a distance of 110.27 feet;
(8) South 4/50'37'' West a distance of 220.00 feet;
(9) South 4/50'37'' West a distance of 365.00 feet;
(10) South 85/24'25'' East a distance of 5.00 feet;
(11) South 4/06'20'' West a distance of 67.00 feet;
(12) South 6/04'35'' West a distance of 248.08 feet;
(13) South 3/18'27'' West a distance of 52.01 feet;
(14) South 4/55'58'' West a distance of 133.00 feet;
(15) North 85/24'25'' West a distance of 1.00 feet;
(16) South 4/55'58'' West a distance of 45.00 feet;
(17) North 85/24'25'' West a distance of 7.00 feet;
(18) South 4/56'12'' West a distance of 90.00 feet.
Thence continuing along the westerly highway boundary of Lake
Shore Road as appropriated by the New York State Department of
Public Works as shown on Map No. 7, Parcel No. 7 the following 2
courses and distances:
(1) South 4/55'58'' West a distance of 127.00 feet;
(2) South 2/29'25'' East a distance of 151.15 feet
to a point on the westerly former highway boundary of
Lake Shore Road.
Thence southerly along the westerly formerly highway boundary of
Lake Shore Road, South 4/35'35'' West a distance
[[Page 114 STAT. 2616]]
of 148.90 feet; thence along the westerly highway boundary of
Lake Shore Road as appropriated by the New York State Department
of Public Works as shown on Map No. 7, Parcel No. 8 the
following 3 courses and distances:
(1) South 55/34'35'' West a distance of 12.55 feet;
(2) South 4/35'35'' West a distance of 118.50 feet;
(3) South 3/04'00'' West a distance of 62.95 feet to
a point on the south line of the lands of South Buffalo
Railway Company.
Thence southerly and easterly along the lands of South Buffalo
Railway Company the following 5 courses and distances:
(1) North 89/25'14'' West a distance of 697.64 feet;
(2) along a curve to the left having a radius of
645.0 feet; a chord distance of 214.38 feet along a
chord bearing of South 40/16'48'' West, a distance of
215.38 feet;
(3) South 30/42'49'' West a distance of 76.96 feet;
(4) South 22/06'03'' West a distance of 689.43 feet;
(5) South 36/09'23'' West a distance of 30.93 feet
to the northerly line of the lands of Buffalo Crushed
Stone, Inc.
Thence North 87/13'38'' West a distance of 2452.08 feet to the
shore line of Lake Erie; thence northerly along the shore of
Lake Erie the following 43 courses and distances:
(1) North 16/29'53'' West a distance of 267.84 feet;
(2) North 24/25'00'' West a distance of 195.01 feet;
(3) North 26/45'00'' West a distance of 250.00 feet;
(4) North 31/15'00'' West a distance of 205.00 feet;
(5) North 21/35'00'' West a distance of 110.00 feet;
(6) North 44/00'53'' West a distance of 26.38 feet;
(7) North 33/49'18'' West a distance of 74.86 feet;
(8) North 34/26'26'' West a distance of 12.00 feet;
(9) North 31/06'16'' West a distance of 72.06 feet;
(10) North 22/35'00'' West a distance of 150.00
feet;
(11) North 16/35'00'' West a distance of 420.00
feet;
(12) North 21/10'00'' West a distance of 440.00
feet;
(13) North 17/55'00'' West a distance of 340.00
feet;
(14) North 28/05'00'' West a distance of 375.00
feet;
(15) North 16/25'00'' West a distance of 585.00
feet;
(16) North 22/10'00'' West a distance of 160.00
feet;
(17) North 2/46'36'' West a distance of 65.54 feet;
(18) North 16/01'08'' West a distance of 70.04 feet;
(19) North 49/07'00'' West a distance of 79.00 feet;
(20) North 19/16'00'' West a distance of 425.00
feet;
(21) North 16/37'00'' West a distance of 285.00
feet;
(22) North 25/20'00'' West a distance of 360.00
feet;
(23) North 33/00'00'' West a distance of 230.00
feet;
(24) North 32/40'00'' West a distance of 310.00
feet;
(25) North 27/10'00'' West a distance of 130.00
feet;
(26) North 23/20'00'' West a distance of 315.00
feet;
(27) North 18/20'04'' West a distance of 302.92
feet;
(28) North 20/15'48'' West a distance of 387.18
feet;
(29) North 14/20'00'' West a distance of 530.00
feet;
(30) North 16/40'00'' West a distance of 260.00
feet;
(31) North 28/35'00'' West a distance of 195.00
feet;
(32) North 18/30'00'' West a distance of 170.00
feet;
(33) North 26/30'00'' West a distance of 340.00
feet;
(34) North 32/07'52'' West a distance of 232.38
feet;
[[Page 114 STAT. 2617]]
(35) North 30/04'26'' West a distance of 17.96 feet;
(36) North 23/19'13'' West a distance of 111.23
feet;
(37) North 7/07'58'' West a distance of 63.90 feet;
(38) North 8/11'02'' West a distance of 378.90 feet;
(39) North 15/01'02'' West a distance of 190.64
feet;
(40) North 2/55'00'' West a distance of 170.00 feet;
(41) North 6/45'00'' West a distance of 240.00 feet;
(42) North 0/10'00'' East a distance of 465.00 feet;
(43) North 2/00'38'' West a distance of 378.58 feet
to the northerly line of Letters Patent dated February
21, 1968 and recorded in the Erie County Clerk's Office
under Liber 7453 of Deeds at Page 45.
Thence North 71/23'35'' East along the north line of the
aforementioned Letters Patent a distance of 154.95 feet to the
shore line; thence along the shore line the following 6 courses
and distances:
(1) South 80/14'01'' East a distance of 119.30 feet;
(2) North 46/15'13'' East a distance of 47.83 feet;
(3) North 59/53'02'' East a distance of 53.32 feet;
(4) North 38/20'43'' East a distance of 27.31 feet;
(5) North 68/12'46'' East a distance of 48.67 feet;
(6) North 26/11'47'' East a distance of 11.48 feet
to the northerly line of the aforementioned Letters
Patent.
Thence along the northerly line of said Letters Patent, North
71/23'35'' East a distance of 1755.19 feet; thence South
35/27'25'' East a distance of 35.83 feet to a point on the U.S.
Harbor Line; thence, North 54/02'35'' East along the U.S. Harbor
Line a distance of 200.00 feet; thence continuing along the U.S.
Harbor Line, North 50/01'45'' East a distance of 379.54 feet to
the westerly line of the lands of Gateway Trade Center, Inc.;
thence along the lands of Gateway Trade Center, Inc. the
following 27 courses and distances:
(1) South 18/44'53'' East a distance of 623.56 feet;
(2) South 34/33'00'' East a distance of 200.00 feet;
(3) South 26/18'55'' East a distance of 500.00 feet;
(4) South 19/06'40'' East a distance of 1074.29
feet;
(5) South 28/03'18'' East a distance of 242.44 feet;
(6) South 18/38'50'' East a distance of 1010.95
feet;
(7) North 71/20'51'' East a distance of 90.42 feet;
(8) South 18/49'20'' East a distance of 158.61 feet;
(9) South 80/55'10'' East a distance of 45.14 feet;
(10) South 18/04'45'' East a distance of 52.13 feet;
(11) North 71/07'23'' East a distance of 102.59
feet;
(12) South 18/41'40'' East a distance of 63.00 feet;
(13) South 71/07'23'' West a distance of 240.62
feet;
(14) South 18/38'50'' East a distance of 668.13
feet;
(15) North 71/28'46'' East a distance of 958.68
feet;
(16) North 18/42'31'' West a distance of 1001.28
feet;
(17) South 71/17'29'' West a distance of 168.48
feet;
(18) North 18/42'31'' West a distance of 642.00
feet;
(19) North 71/17'37'' East a distance of 17.30 feet;
(20) North 18/42'31'' West a distance of 574.67
feet;
(21) North 71/17'29'' East a distance of 151.18
feet;
(22) North 18/42'31'' West a distance of 1156.43
feet;
(23) North 71/29'21'' East a distance of 569.24
feet;
(24) North 18/30'39'' West a distance of 314.71
feet;
(25) North 70/59'36'' East a distance of 386.47
feet;
[[Page 114 STAT. 2618]]
(26) North 18/30'39'' West a distance of 70.00 feet;
(27) North 70/59'36'' East a distance of 400.00 feet
to the place or point of beginning.
Containing 1,142.958 acres.
(c) Limits on Applicability; Regulatory Requirements.--The
declaration under subsection (a) shall apply to those parts of the areas
described in subsection (b) that are filled portions of Lake Erie. Any
work on these filled portions shall be subject to all applicable Federal
statutes and regulations, including sections 9 and 10 of the Act of
March 3, 1899 (33 U.S.C. 401 and 403), section 404 of the Federal Water
Pollution Control Act (33 U.S.C. 1344), and the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(d) Expiration Date.--If, 20 years from the date of enactment of
this Act, any area or part thereof described in subsection (a) is not
occupied by permanent structures in accordance with the requirements set
out in subsection (c), or if work in connection with any activity
permitted in subsection (c) is not commenced within 5 years after
issuance of such permits, then the declaration of nonnavigability for
such area or part thereof shall expire.
SEC. 347. <<NOTE: 33 USC 59ee-1.>> PROJECT DEAUTHORIZATIONS.
(a) In General.--The following projects or portions of projects are
not authorized after the date of enactment of this Act:
(1) Black warrior and tombigbee rivers, jackson, alabama.--
The project for navigation, Black Warrior and Tombigbee Rivers,
vicinity of Jackson, Alabama, authorized by section 106 of the
Energy and Water Development Appropriations Act, 1987 (100 Stat.
3341-199).
(2) Sacramento deep water ship channel, california.--The
portion of the project for navigation, Sacramento Deep Water
Ship Channel, California, authorized by section 202(a) of the
Water Resources Development Act of 1986 (100 Stat. 4092),
beginning from the confluence of the Sacramento River and the
Barge Canal to a point 3,300 feet west of the William G. Stone
Lock western gate (including the William G. Stone Lock and the
Bascule Bridge and Barge Canal). All waters within such portion
of the project are declared to be nonnavigable waters of the
United States solely for the purposes of the General Bridge Act
of 1946 (33 U.S.C. 525 et seq.) and section 9 of the Act of
March 3, 1899 (33 U.S.C. 401).
(3) Bay island channel, quincy, illinois.--The access
channel across Bay Island into Quincy Bay at Quincy, Illinois,
constructed under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577).
(4) Warsaw boat harbor, illinois.--The portion of the
project for navigation, Illinois Waterway, Illinois and Indiana,
authorized by section 101 of the River and Harbor Act of 1962
(76 Stat. 1175), known as the ``Warsaw Boat Harbor, Illinois''.
(5) Kennebunk river, kennebunk and kennebunkport, maine.--
The following portion of the project for navigation, Kennebunk
River, Maine, authorized by section 101 of the River and Harbor
Act of 1962 (76 Stat. 1173): The portion of the northernmost 6-
foot deep anchorage the boundaries of which begin at a point
with coordinates N1904693.6500, E418084.2700, thence running
south 01 degree 04 minutes
[[Page 114 STAT. 2619]]
50.3 seconds 35 feet to a point with coordinates N190434.6562,
E418084.9301, thence running south 15 degrees 53 minutes 45.5
seconds 416.962 feet to a point with coordinates N190033.6386,
E418199.1325, thence running north 03 degrees 11 minutes 30.4
seconds 70 feet to a point with coordinates N190103.5300,
E418203.0300, thence running north 17 degrees 58 minutes 18.3
seconds west 384.900 feet to the point of origin.
(6) Rockport harbor, massachusetts.--The following portions
of the project for navigation, Rockport Harbor, Massachusetts,
carried out under section 107 of the River and Harbor Act of
1960 (33 U.S.C. 577):
(A) The portion of the 10-foot harbor channel the
boundaries of which begin at a point with coordinates
N605,741.948, E838,031.378, thence running north 36
degrees 04 minutes 40.9 seconds east 123.386 feet to a
point N605,642.226, E838,104.039, thence running south
05 degrees 08 minutes 35.1 seconds east 24.223 feet to a
point N605,618.100, E838,106.210, thence running north
41 degrees 05 minutes 10.9 seconds west 141.830 feet to
a point N605,725.000, E838,013.000, thence running north
47 degrees 19 minutes 04.1 seconds east 25.000 feet to
the point of origin.
(B) The portion of the 8-foot north basin entrance
channel the boundaries of which begin at a point with
coordinates N605,742.699, E837,977.129, thence running
south 89 degrees 12 minutes 27.1 seconds east 54.255
feet to a point N605,741.948, E838,031.378, thence
running south 47 degrees 19 minutes 04.1 seconds west
25.000 feet to a point N605,725.000, E838,013.000,
thence running north 63 degrees 44 minutes 19.0 seconds
west 40.000 feet to the point of origin.
(C) The portion of the 8-foot south basin anchorage
the boundaries of which begin at a point with
coordinates N605,563.770, E838,111.100, thence running
south 05 degrees 08 minutes 35.1 seconds east 53.460
feet to a point N605,510.525, E838,115.892, thence
running south 52 degrees 10 minutes 55.5 seconds west
145.000 feet to a point N605,421.618, E838,001.348,
thence running north 37 degrees 49 minutes 04.5 seconds
west 75.121 feet to a point N605,480.960, E837,955.287,
thence running south 64 degrees 52 minutes 33.9 seconds
east 33.823 feet to a point N605,466.600, E837,985.910,
thence running north 52 degrees 10 minutes 55.5 seconds
east 158.476 feet to the point of origin.
(7) Scituate harbor, massachusetts.--The portion of the
project for navigation, Scituate Harbor, Massachusetts,
authorized by section 101 of the River and Harbor Act of 1954
(68 Stat. 1249), consisting of an 8-foot anchorage basin and
described as follows: Beginning at a point with coordinates
N438,739.53, E810,354.75, thence running northwesterly about
200.00 feet to coordinates N438,874.02, E810,206.72, thence
running northeasterly about 400.00 feet to coordinates
N439,170.07, E810,475.70, thence running southwesterly about
447.21 feet to the point of origin.
(8) Duluth-superior harbor, minnesota and wisconsin.--The
portion of the project for navigation, Duluth-
[[Page 114 STAT. 2620]]
Superior Harbor, Minnesota and Wisconsin, authorized by the
first section of the Act entitled ``An Act making appropriations
for the construction, repair, and preservation of certain public
works on rivers and harbors, and for other purposes'', approved
June 3, 1896 (29 Stat. 212), known as the 21st Avenue West
Channel, beginning at the most southeasterly point of the
channel N423074.09, E2871635.43 thence running north-northwest
about 1854.83 feet along the easterly limit of the project to a
point N424706.69, E2870755.48, thence running northwesterly
about 111.07 feet to a point on the northerly limit of the
project N424777.27, E2870669.46, thence west-southwest 157.88
feet along the north limit of the project to a point N424703.04,
E2870530.38, thence south-southeast 1978.27 feet to the most
southwesterly point N422961.45, E2871469.07, thence
northeasterly 201.00 feet along the southern limit of the
project to the point of origin.
(9) Tremley point, new jersey.--The portion of the Federal
navigation channel, New York and New Jersey Channels, New York
and New Jersey, authorized by the first section of the Act
entitled ``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved August 30, 1935 (49 Stat. 1030),
and modified by section 101 of the River and Harbor Act of 1950
(64 Stat. 164), that consists of a 35-foot deep channel
beginning at a point along the western limit of the authorized
project, N644100.411, E129256.91, thence running southeasterly
about 38.25 feet to a point N644068.885, E129278.565, thence
running southerly about 1,163.86 feet to a point N642912.127,
E129150.209, thence running southwesterly about 56.89 feet to a
point N642864.09, E2129119.725, thence running northerly along
the existing western limit of the existing project to the point
of origin.
(10) Angola, new york.--The project for erosion protection,
Angola Water Treatment Plant, Angola, New York, constructed
under section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r).
(11) Wallabout channel, brooklyn, new york.--
(A) In general.--The northeastern portion of the
project for navigation, Wallabout Channel, Brooklyn, New
York, authorized by the Rivers and Harbors
Appropriations Act of March 3, 1899 (30 Stat. 1124),
beginning at a point N682,307.40, E638,918.10, thence
running along the courses and distances described in
subparagraph (B).
(B) Courses and distances.--The courses and
distances referred to in subparagraph (A) are the
following:
(i) South 85 degrees, 44 minutes, 13 seconds
East 87.94 feet (coordinate: N682,300.86,
E639,005.80).
(ii) North 74 degrees, 41 minutes, 30 seconds
East 271.54 feet (coordinate: N682,372.55,
E639,267.71).
(iii) South 4 degrees, 46 minutes, 02 seconds
West 170.95 feet (coordinate: N682,202.20,
E639,253.50).
(iv) South 4 degrees, 46 minutes, 02 seconds
West 239.97 feet (coordinate: N681,963.06,
E639,233.56).
(v) North 50 degrees, 48 minutes, 26 seconds
West 305.48 feet (coordinate: N682,156.10,
E638,996.80).
(vi) North 3 degrees, 33 minutes, 25 seconds
East 145.04 feet (coordinate: N682,300.86,
E639,005.80).
[[Page 114 STAT. 2621]]
(12) New york and new jersey channels, new york and new
jersey.--The portion of the project for navigation, New York and
New Jersey Channels, New York and New Jersey, authorized by the
first section of the Act of August 30, 1935 (49 Stat. 1030,
chapter 831), and modified by section 101 of the River and
Harbor Act of 1950 (64 Stat. 164), consisting of a 35-foot-deep
channel beginning at a point along the western limit of the
authorized project, N644100.411, E2129256.91, thence running
southeast about 38.25 feet to a point N644068.885, E2129278.565,
thence running south about 1163.86 feet to a point N642912.127,
E2129150.209, thence running southwest about 56.9 feet to a
point N642864.09, E2129119.725, thence running north along the
western limit of the project to the point of origin.
(13) Warwick cove, rhode island.--The portion of the project
for navigation, Warwick Cove, Rhode Island, carried out under
section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577),
that is located within the 5-acre, 6-foot anchorage area west of
the channel: beginning at a point with coordinates N221,150.027,
E528,960.028, thence running southerly about 257.39 feet to a
point with coordinates N220,892.638, E528,960.028, thence
running northwesterly about 346.41 feet to a point with
coordinates N221,025.270, E528,885.780, thence running
northeasterly about 145.18 feet to the point of origin.
(b) Rockport Harbor, Massachusetts.--The project for navigation,
Rockport Harbor, Massachusetts, carried out under section 107 of the
River and Harbor Act of 1960 (33 U.S.C. 577), is modified--
(1) to redesignate a portion of the 8-foot north outer
anchorage as part of the 8-foot approach channel to the north
inner basin described as follows: The perimeter of the area
starts at a point with coordinates N605,792.110, E838,020.009,
thence running south 89 degrees 12 minutes 27.1 seconds east
64.794 feet to a point N605,791.214, E838,084.797, thence
running south 47 degrees 18 minutes 54.0 seconds west 40.495
feet to a point N605,763.760, E838,055.030, thence running north
68 degrees 26 minutes 49.0 seconds west 43.533 feet to a point
N605,779.750, E838,014.540, thence running north 23 degrees 52
minutes 08.4 seconds east 13.514 feet to the point of origin;
and
(2) to realign a portion of the 8-foot north inner basin
approach channel by adding an area described as follows: the
perimeter of the area starts at a point with coordinates
N605,792.637, E837,981.920, thence running south 89 degrees 12
minutes 27.1 seconds east 38.093 feet to a point N605,792.110,
E838,020.009, thence running south 23 degrees 52 minutes 08.4
seconds west 13.514 feet to a point N605,779.752, E838,014.541,
thence running north 68 degrees 26 minutes 49.0 seconds west
35.074 feet to the point of origin.
SEC. 348. LAND CONVEYANCES.
(a) Thompson, Connecticut.--
(1) In general.--The Secretary shall convey by quitclaim
deed without consideration to the town of Thompson, Connecticut,
all right, title, and interest of the United States in and to
the approximately 1.36-acre parcel of land described
[[Page 114 STAT. 2622]]
in paragraph (2) for public ownership and use by the town for
firefighting and related emergency services purposes.
(2) Land description.--The parcel of land referred to in
paragraph (1) is located in the town of Thompson, county of
Windham, State of Connecticut, on the northerly side of West
Thompson Road owned by the United States and shown as Parcel A
on a plan by Provost, Rovero, Fitzback entitled ``Property
Survey Prepared for West Thompson Independent Firemen
Association #1'' dated August 24, 1998, bounded and described as
follows:
Beginning at a bound labeled WT-276 on the northerly
side line of West Thompson Road, so called, at the most
south corner of the Parcel herein described and at land
now or formerly of West Thompson Independent Firemen
Association No. 1;
Thence in a generally westerly direction by said
northerly side line of West Thompson Road, by a curve to
the left, having a radius of 640.00 feet a distance of
169.30 feet to a point;
Thence North 13 degrees, 08 minutes, 37 seconds East
by the side line of said West Thompson Road a distance
of 10.00 feet to a point;
Thence in a generally westerly direction by the
northerly side line of said West Thompson Road, by a
curve to the left having a radius of 650.00 feet a
distance of 109.88 feet to a bound labeled WT-123, at
land now or formerly of the United States of America;
Thence North 44 degrees, 43 minutes, 07 seconds East
by said land now or formerly of the United States of
America a distance of 185.00 feet to a point;
Thence North 67 degrees, 34 minutes, 13 seconds East
by said land now or formerly of the United States of
America a distance of 200.19 feet to a point in a
stonewall;
Thence South 20 degrees, 49 minutes, 17 seconds East
by a stonewall and by said land now or formerly of the
United States of America a distance of 253.10 feet to a
point at land now or formerly of West Thompson
Independent Firemen Association No. 1;
Thence North 57 degrees, 45 minutes, 25 seconds West
by land now or formerly of said West Thompson
Independent Firemen Association No. 1 a distance of
89.04 feet to a bound labeled WT-277;
Thence South 32 degrees, 14 minutes, 35 seconds West
by land now or formerly of said West Thompson
Independent Firemen Association No. 1 a distance of
123.06 feet to the point of beginning.
(3) Reversion.--If the Secretary determines that the parcel
described in paragraph (2) ceases to be held in public ownership
or used for firefighting and related emergency services, all
right, title, and interest in and to the parcel shall revert to
the United States, at the option of the United States.
(b) Washington, District of Columbia.--
(1) In general.--The Secretary shall convey to the Lucy Webb
Hayes National Training School for Deaconesses and Missionaries
Conducting Sibley Memorial Hospital (in this subsection referred
to as the ``Hospital'') by quitclaim deed under the terms of a
negotiated sale, all right, title, and interest
[[Page 114 STAT. 2623]]
of the United States in and to the 8.864-acre parcel of land
described in paragraph (2) for medical care and parking
purposes. The consideration paid under such negotiated sale
shall reflect the value of the parcel, taking into consideration
the terms and conditions of the conveyance imposed under this
subsection.
(2) Land description.--The parcel of land referred to in
paragraph (1) is the parcel described as follows: Beginning at a
point on the westerly right-of-way line of Dalecarlia Parkway,
said point also being on the southerly division line of part of
Square N1448, A&T Lot 801 as recorded in A&T 2387 and part of
the property of the United States Government, thence with said
southerly division line now described:
(A) North 35/ 05' 40'' West--436.31 feet to a point,
thence
(B) South 89/ 59' 30'' West--550 feet to a point,
thence
(C) South 53/ 48' 00'' West--361.08 feet to a point,
thence
(D) South 89/ 59' 30'' West--466.76 feet to a point
at the southwesterly corner of the aforesaid A&T Lot
801, said point also being on the easterly right-of-way
line of MacArthur Boulevard, thence with a portion of
the westerly division line of said A&T Lot 801 and the
easterly right-of-way line of MacArthur Boulevard, as
now described
(E) 78.62 feet along the arc of a curve to the right
having a radius of 650.98 feet, chord bearing and
distance of North 06/ 17' 20'' West--78.57 feet to a
point, thence crossing to include a portion of aforesaid
A&T Lot 801 and a portion of the aforesaid Dalecarlia
Reservoir Grounds, as now described
(F) North 87/ 18' 21'' East--258.85 feet to a point,
thence
(G) North 02/ 49' 16'' West--214.18 feet to a point,
thence
(H) South 87/ 09' 00'' West--238.95 feet to a point
on the aforesaid easterly right-of-way line of MacArthur
Boulevard, thence with said easterly right-of-way line,
as now described
(I) North 08/ 41' 30'' East--30.62 feet to a point,
thence crossing to include a portion of aforesaid A&T
Lot 801 and a portion of the aforesaid Dalecarlia
Reservoir Grounds, as now described
(J) North 87/ 09' 00'' East--373.96 feet to a point,
thence
(K) North 88/ 42' 48'' East--374.92 feet to a point,
thence
(L) North 56/ 53' 40'' East--53.16 feet to a point,
thence
(M) North 86/ 00' 15'' East--26.17 feet to a point,
thence
(N) South 87/ 24' 50'' East--464.01 feet to a point,
thence
(O) North 83/ 34' 31'' East--212.62 feet to a point,
thence
(P) South 30/ 16' 12'' East--108.97 feet to a point,
thence
[[Page 114 STAT. 2624]]
(Q) South 38/ 30' 23'' East--287.46 feet to a point,
thence
(R) South 09/ 03' 38'' West--92.74 feet to the point
on the aforesaid westerly right-of-way line of
Dalecarlia Parkway, thence with said westerly right-of-
way line, as now described
(S) 197.74 feet along the arc of a curve to the
right having a radius of 916.00 feet, chord bearing and
distance of South 53/ 54' 43'' West--197.35 feet to the
place of beginning.
(3) Terms and conditions.--The conveyance under this
subsection shall be subject to the following terms and
conditions:
(A) Limitation on the use of certain portions of the
parcel.--The Secretary shall include in any deed
conveying the parcel under this section a restriction to
prevent the Hospital, and its successors and assigns,
from constructing any structure, other than a structure
used exclusively for the parking of motor vehicles, on
the portion of the parcel that lies between the
Washington Aqueduct and Little Falls Road.
(B) Limitation on certain legal challenges.--The
Secretary shall require the Hospital, and its successors
and assigns, to refrain from raising any legal challenge
to the operations of the Washington Aqueduct arising
from any impact such operations may have on the
activities conducted by the Hospital on the parcel.
(C) Easement.--The Secretary shall require that the
conveyance be subject to the retention of an easement
permitting the United States, and its successors and
assigns, to use and maintain the portion of the parcel
described as follows: Beginning at a point on the
easterly or South 35/ 05' 40'' East--436.31 foot plat
line of Lot 25 as shown on a subdivision plat recorded
in book 175 page 102 among the records of the Office of
the Surveyor of the District of Columbia, said point
also being on the northerly right-of-way line of
Dalecarlia Parkway, thence running with said easterly
line of Lot 25 and crossing to include a portion of the
aforesaid Dalecarlia Reservoir Grounds as now described:
(i) North 35/ 05' 40'' West--495.13 feet to a
point, thence
(ii) North 87/ 24' 50'' West--414.43 feet to a
point, thence
(iii) South 81/ 08' 00'' West--69.56 feet to a
point, thence
(iv) South 88/ 42' 48'' West--367.50 feet to a
point, thence
(v) South 87/ 09' 00'' West--379.68 feet to a
point on the easterly right-of-way line of
MacArthur Boulevard, thence with said easterly
right-of-way line, as now described
(vi) North 08/ 41' 30'' East--30.62 feet to a
point, thence crossing to include a portion of the
aforesaid Dalecarlia Reservoir Grounds, as now
described
(vii) North 87/ 09' 00'' East--373.96 feet to
a point, thence
[[Page 114 STAT. 2625]]
(viii) North 88/ 42' 48'' East--374.92 feet to
a point, thence
(ix) North 56/ 53' 40'' East--53.16 feet to a
point, thence
(x) North 86/ 00' 15'' East--26.17 feet to a
point, thence
(xi) South 87/ 24' 50'' East--464.01 feet to a
point, thence
(xii) North 83/ 34' 31'' East--50.62 feet to a
point, thence
(xiii) South 02/ 35' 10'' West--46.46 feet to
a point, thence
(xiv) South 13/ 38' 12'' East--107.83 feet to
a point, thence
(xv) South 35/ 05' 40'' East--347.97 feet to a
point on the aforesaid northerly right-of-way line
of Dalecarlia Parkway, thence with said right-of-
way line, as now described
(xvi) 44.12 feet along the arc of a curve to
the right having a radius of 855.00 feet, chord
bearing and distance of South 58/ 59' 22'' West--
44.11 feet to the place of beginning containing
1.7157 acres of land more or less as now described
by Maddox Engineers and Surveyors, Inc., June
2000, Job #00015.
(4) Appraisal.--Before conveying any right, title, or
interest under this subsection, the Secretary shall obtain an
appraisal of the fair market value of the parcel.
(c) Joliet, Illinois.--
(1) In general.--Subject to the provisions of this
subsection, the Secretary shall convey by quitclaim deed without
consideration to the Joliet Park District in Joliet, Illinois,
all right, title, and interest of the United States in and to
the parcel of real property located at 622 Railroad Street in
the city of Joliet, consisting of approximately 2 acres,
together with any improvements thereon, for public ownership and
use as the site of the headquarters of the park district.
(2) Survey to obtain legal description.--The exact acreage
and the legal description of the real property described in
paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(3) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership or to be used as headquarters of the park
district or for related purposes, all right, title, and interest
in and to the property shall revert to the United States, at the
option of the United States.
(d) Ottawa, Illinois.--
(1) Conveyance of property.--Subject to the terms,
conditions, and reservations of paragraph (2), the Secretary
shall convey by quitclaim deed to the Young Men's Christian
Association of Ottawa, Illinois (in this subsection referred to
as the ``YMCA''), all right, title, and interest of the United
States in and to a portion of the easements acquired for the
improvement of the Illinois Waterway project over a parcel of
real property owned by the YMCA, known as the ``Ottawa,
Illinois, YMCA Site'', and located at 201 E. Jackson Street,
Ottawa, La Salle County, Illinois (portion of NE\1/4\, S11,
T33N, R3E
[[Page 114 STAT. 2626]]
3PM), except that portion lying below the elevation of 461 feet
National Geodetic Vertical Datum.
(2) Conditions.--The following conditions apply to the
conveyance under paragraph (1):
(A) The exact acreage and the legal description of
the real property described in paragraph (1) shall be
determined by a survey that is satisfactory to the
Secretary.
(B) The YMCA shall agree to hold and save the United
States harmless from liability associated with the
operation and maintenance of the Illinois Waterway
project on the property described in paragraph (1).
(C) If the Secretary determines that any portion of
the property that is the subject of the easement
conveyed under paragraph (1) ceases to be used for the
purposes for which the YMCA was established, all right,
title, and interest in and to such easement shall revert
to the United States, at the option of the United
States.
(e) Bayou Teche, Louisiana.--
(1) In general.--After renovations of the Keystone Lock
facility have been completed, the Secretary may convey by
quitclaim deed without consideration to St. Martin Parish,
Louisiana, all rights, title, and interests of the United States
in the approximately 12.03 acres of land under the
administrative jurisdiction of the Secretary in Bayou Teche,
Louisiana, together with improvements thereon. The dam and the
authority to retain upstream pool elevations shall remain under
the jurisdiction of the Secretary. The Secretary shall
relinquish all operations and maintenance of the lock to St.
Martin Parish.
(2) Conditions.--The following conditions apply to the
transfer under paragraph (1):
(A) St. Martin Parish shall operate, maintain,
repair, replace, and rehabilitate the lock in accordance
with regulations prescribed by the Secretary that are
consistent with the project's authorized purposes.
(B) The Parish shall provide the Secretary access to
the dam whenever the Secretary notifies the Parish of a
need for access to the dam.
(C) If the Parish fails to comply with subparagraph
(A), the Secretary shall notify the Parish of such
failure. If the Parish does not correct such failure
during the 1-year period beginning on the date of such
notification, the Secretary shall have a right of
reverter to reclaim possession and title to the land and
improvements conveyed under this section or, in the case
of a failure to make necessary repairs, the Secretary
may effect the repairs and require payment from the
Parish for the repairs made by the Secretary.
(f) Ontonagon, Michigan.--
(1) In general.--The Secretary may convey to the Ontonagon
County Historical Society, at Federal expense--
(A) the lighthouse at Ontonagon, Michigan; and
(B) the land underlying and adjacent to the
lighthouse (including any improvements on the land) that
is under the jurisdiction of the Secretary.
(2) Map.--The Secretary shall--
(A) determine the extent of the land conveyance
under this subsection;
[[Page 114 STAT. 2627]]
(B) determine the exact acreage and legal
description of the land to be conveyed under this
subsection; and
(C) prepare a map that clearly identifies any land
to be conveyed.
(3) Environmental response.--To the extent required under
any applicable law, the Secretary shall be responsible for any
necessary environmental response required as a result of the
prior Federal use or ownership of the land and improvements
conveyed under this subsection.
(4) Responsibilities after conveyance.--After the conveyance
of land under this subsection, the Ontonagon County Historical
Society shall be responsible for any additional operation,
maintenance, repair, rehabilitation, or replacement costs
associated with the lighthouse or the conveyed land and
improvements.
(5) Applicability of environmental law.--Nothing in this
section affects the potential liability of any person under any
applicable environmental law.
(6) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be owned by the
Ontonagon County Historical Society or to be used for public
purposes, all right, title, and interest in and to such property
shall revert to the United States, at the option of the United
States.
(g) Pike County, Missouri.--
(1) In general.--Subject to paragraphs (3) and (4), at such
time as S.S.S., Inc. conveys all right, title, and interest in
and to the parcel of land described in paragraph (2)(A) to the
United States, the Secretary shall convey all right, title, and
interest of the United States in and to the parcel of land
described in paragraph (2)(B) to S.S.S., Inc.
(2) Land description.--The parcels of land referred to in
paragraph (1) are the following:
(A) Non-federal land.--8.99 acres with existing
flowage easements, located in Pike County, Missouri,
adjacent to land being acquired from Holnam, Inc. by the
Corps of Engineers.
(B) Federal land.--8.99 acres located in Pike
County, Missouri, known as ``Government Tract Numbers
FM-46 and FM-47'', administered by the Corps of
Engineers.
(3) Conditions.--The land exchange under paragraph (1) shall
be subject to the following conditions:
(A) Deeds.--
(i) Non-federal land.--The conveyance of the
parcel of land described in paragraph (2)(A) to
the Secretary shall be by a warranty deed
acceptable to the Secretary.
(ii) Federal land.--The instrument of
conveyance used to convey the parcel of land
described in paragraph (2)(B) to S.S.S., Inc.,
shall contain such reservations, terms, and
conditions as the Secretary considers necessary to
allow the United States to operate and maintain
the Mississippi River 9-Foot Navigation Project.
(B) Removal of improvements.--
(i) In general.--S.S.S., Inc. may remove, and
the Secretary may require S.S.S., Inc. to remove,
any
[[Page 114 STAT. 2628]]
improvements on the parcel of land described in
paragraph (2)(A).
(ii) No liability.--If S.S.S., Inc.,
voluntarily or under direction from the Secretary,
removes an improvement on the parcel of land
described in paragraph (2)(A)--
(I) S.S.S., Inc., shall have no
claim against the United States for
liability; and
(II) the United States shall not
incur or be liable for any cost
associated with the removal or
relocation of the improvement.
(C) Time limit for land exchange.--Not later than 2
years after the date of enactment of this Act, the land
exchange under paragraph (1) shall be completed.
(D) Legal description.--The Secretary shall provide
legal descriptions of the parcels of land described in
paragraph (2), which shall be used in the instruments of
conveyance of the parcels.
(4) Value of properties.--If the appraised fair market
value, as determined by the Secretary, of the parcel of land
conveyed to S.S.S., Inc., by the Secretary under paragraph (1)
exceeds the appraised fair market value, as determined by the
Secretary, of the parcel of land conveyed to the United States
by S.S.S., Inc., under paragraph (1), S.S.S., Inc., shall pay to
the United States, in cash or a cash equivalent, an amount equal
to the difference between the 2 values.
(h) St. Clair and Benton Counties, Missouri.--
(1) In general.--The Secretary shall convey to the Iconium
Fire Protection District, St. Clair and Benton counties,
Missouri, by quitclaim deed and without consideration, all
right, title, and interest of the United States in and to the
parcel of land described in paragraph (2).
(2) Land description.--The parcel of land to be conveyed
under paragraph (1) is the tract of land located in the
Southeast \1/4\ of Section 13, Township 39 North, Range 25 West,
of the Fifth Principal Meridian, St. Clair County, Missouri,
more particularly described as follows: Commencing at the
Southwest corner of Section 18, as designated by Corps survey
marker AP 18-1, thence northerly 11.22 feet to the southeast
corner of Section 13, thence 657.22 feet north along the east
line of Section 13 to Corps monument 18 1-C lying within the
right-of-way of State Highway C, being the point of beginning of
the tract of land herein described; thence westerly
approximately 210 feet, thence northerly 150 feet, thence
easterly approximately 210 feet to the east line of Section 13,
thence southerly along said east line, 150 feet to the point of
beginning, containing 0.723 acres, more or less.
(3) Reversion.--If the Secretary determines that the
property conveyed under paragraph (1) ceases to be held in
public ownership or to be used as a site for a fire station, all
right, title, and interest in and to the property shall revert
to the United States, at the option of the United States.
(i) Candy Lake Project, Osage County, Oklahoma.--Section
563(c)(1)(B) of the Water Resources Development Act of 1999 (113 Stat.
357) is amended by striking ``a deceased individual'' and inserting ``an
individual''.
(j) Manor Township, Pennsylvania.--
[[Page 114 STAT. 2629]]
(1) In general.--In accordance with this subsection, the
Secretary shall convey by quitclaim deed to the township of
Manor, Pennsylvania, all right, title, and interest of the
United States in and to the approximately 113 acres of real
property located at Crooked Creek Lake, together with any
improvements on the land.
(2) Survey to obtain legal description.--The exact acreage
and the legal description of the real property described in
paragraph (1) shall be determined by a survey that is
satisfactory to the Secretary.
(3) Consideration.--The Secretary may convey under this
subsection without consideration any portion of the real
property described in paragraph (1) if the portion is to be
retained in public ownership and be used for public park and
recreation or other public purposes.
(4) Reversion.--If the Secretary determines that any portion
of the property conveyed under paragraph (3) ceases to be held
in public ownership or to be used for public park and recreation
or other public purposes, all right, title, and interest in and
to such portion of property shall revert to the United States,
at the option of the United States.
(k) Richard B. Russell Dam and Lake, South Carolina.--Section 563(i)
of the Water Resources Development Act of 1999 (113 Stat. 360-361) is
amended to read as follows:
``(i) Richard B. Russell Dam and Lake, South Carolina.--
``(1) In general.--The Secretary shall convey to the State
of South Carolina all right, title, and interest of the United
States in and to the parcels of land described in paragraph
(2)(A) that are being managed, as of August 17, 1999, by the
South Carolina Department of Natural Resources for fish and
wildlife mitigation purposes for the Richard B. Russell Dam and
Lake, South Carolina, project authorized by section 203 of the
Flood Control Act of 1966 (80 Stat. 1420).
``(2) Land description.--
``(A) In general.--The parcels of land to be
conveyed are described in Exhibits A, F, and H of Army
Lease No. DACW21-1-93-0910 and associated supplemental
agreements.
``(B) Survey.--The exact acreage and legal
description of the land shall be determined by a survey
satisfactory to the Secretary, with the cost of the
survey borne by the State.
``(3) Costs of conveyance.--The State shall be responsible
for all costs, including real estate transaction and
environmental compliance costs, associated with the conveyance.
``(4) Perpetual status.--
``(A) In general.--All land conveyed under this
subsection shall be retained in public ownership and
shall be managed in perpetuity for fish and wildlife
mitigation purposes in accordance with a plan approved
by the Secretary.
``(B) Reversion.--If any parcel of land is not
managed for fish and wildlife mitigation purposes in
accordance with the plan, title to the parcel shall
revert to the United States, at the option of the United
States.
``(5) Additional terms and conditions.--The Secretary may
require such additional terms and conditions in connection
[[Page 114 STAT. 2630]]
with the conveyance under this subsection as the Secretary
considers appropriate to protect the interests of the United
States.
``(6) Fish and wildlife mitigation agreement.--
``(A) In general.--The Secretary shall pay the State
of South Carolina $4,850,000, subject to the Secretary
and the State entering into a contract for the State to
manage for fish and wildlife mitigation purposes in
perpetuity the parcels of land conveyed under this
subsection.
``(B) Failure of performance.--The agreement shall
specify the terms and conditions under which payment
will be made and the rights of, and remedies available
to, the Federal Government to recover all or a portion
of the payment if the State fails to manage any parcel
in a manner satisfactory to the Secretary.''.
(l) Savannah River, South Carolina.--
(1) Definition of new savannah bluff lock and dam.--In this
subsection, the term ``New Savannah Bluff Lock and Dam'' means--
(A) the lock and dam at New Savannah Bluff, Savannah
River, Georgia and South Carolina; and
(B) the appurtenant features to the lock and dam,
including--
(i) the adjacent approximately 50-acre park
and recreation area with improvements made under
the project for navigation, Savannah River below
Augusta, Georgia, authorized by the first section
of the Act of July 3, 1930 (46 Stat. 924) and the
first section of the Act of August 30, 1935 (49
Stat. 1032); and
(ii) other land that is part of the project
and that the Secretary determines to be
appropriate for conveyance under this subsection.
(2) Repair and conveyance.--After execution of an agreement
between the Secretary and the city of North Augusta and Aiken
County, South Carolina, the Secretary--
(A) shall repair and rehabilitate the New Savannah
Bluff Lock and Dam, at Federal expense of an estimated
$5,300,000; and
(B) after repair and rehabilitation, may convey the
New Savannah Bluff Lock and Dam, without consideration,
to the city of North Augusta and Aiken County, South
Carolina.
(3) Treatment of new savannah bluff lock and dam.--The New
Savannah Bluff Lock and Dam shall not be considered to be part
of any Federal project after the conveyance under paragraph (2).
(4) Operation and maintenance.--
(A) Before conveyance.--Before the conveyance under
paragraph (2), the Secretary shall continue to operate
and maintain the New Savannah Bluff Lock and Dam.
(B) After conveyance.--After the conveyance under
paragraph (2), operation and maintenance of all features
of the project for navigation, Savannah River below
Augusta, Georgia, described in paragraph (1)(B)(i),
other than the New Savannah Bluff Lock and Dam, shall
continue to be a Federal responsibility.
[[Page 114 STAT. 2631]]
(m) Tri-Cities Area, Washington.--Section 501(i) of the Water
Resources Development Act of 1996 (110 Stat. 3752-3753) is amended--
(1) by inserting before the period at the end of paragraph
(1) the following: ``; except that any of such local
governments, with the agreement of the appropriate district
engineer, may exempt from the conveyance to the local government
all or any part of the property to be conveyed to the local
government''; and
(2) by inserting before the period at the end of paragraph
(2)(C) the following: ``; except that approximately 7.4 acres in
Columbia Park, Kennewick, Washington, consisting of the historic
site located in the Park and known and referred to as the
``Kennewick Man Site'' and such adjacent wooded areas as the
Secretary determines are necessary to protect the historic site,
shall remain in Federal ownership''.
(n) Generally Applicable Provisions.--
(1) Applicability of property screening provisions.--Section
2696 of title 10, United States Code, shall not apply to any
conveyance under this section.
(2) Additional terms and conditions.--The Secretary may
require that any conveyance under this section be subject to
such additional terms and conditions as the Secretary considers
appropriate and necessary to protect the interests of the United
States.
(3) Costs of conveyance.--An entity to which a conveyance is
made under this section shall be responsible for all reasonable
and necessary costs, including real estate transaction and
environmental compliance costs, associated with the conveyance.
(4) Liability.--An entity to which a conveyance is made
under this section shall hold the United States harmless from
any liability with respect to activities carried out, on or
after the date of the conveyance, on the real property conveyed.
The United States shall remain responsible for any liability
with respect to activities carried out, before such date, on the
real property conveyed.
SEC. 349. PROJECT REAUTHORIZATIONS.
(a) In General.--Each of the following projects may be carried out
by the Secretary, and no construction on any such project may be
initiated until the Secretary determines that the project is technically
sound, environmentally acceptable, and economically justified, as
appropriate:
(1) Narraguagus river, milbridge, maine.--Only for the
purpose of maintenance as anchorage, those portions of the
project for navigation, Narraguagus River, Milbridge, Maine,
authorized by section 2 of the Act entitled ``An Act making
appropriations for the construction, repair, completion, and
preservation of certain works on rivers and harbors, and for
other purposes'', approved June 14, 1880 (21 Stat. 195), and
deauthorized under section 101 of the River and Harbor Act of
1962 (75 Stat. 1173), lying adjacent to and outside the limits
of the 11-foot and 9-foot channel authorized as part of the
project for navigation, authorized by such section 101, as
follows:
[[Page 114 STAT. 2632]]
(A) An area located east of the 11-foot channel
starting at a point with coordinates N248,060.52,
E668,236.56, thence running south 36 degrees 20 minutes
52.3 seconds east 1567.242 feet to a point N246,798.21,
E669,165.44, thence running north 51 degrees 30 minutes
06.2 seconds west 839.855 feet to a point N247,321.01,
E668,508.15, thence running north 20 degrees 09 minutes
58.1 seconds west 787.801 feet to the point of origin.
(B) An area located west of the 9-foot channel
starting at a point with coordinates N249,673.29,
E667,537.73, thence running south 20 degrees 09 minutes
57.8 seconds east 1341.616 feet to a point N248,413.92,
E668,000.24, thence running south 01 degrees 04 minutes
26.8 seconds east 371.688 feet to a point N248,042.30,
E668,007.21, thence running north 22 degrees 21 minutes
20.8 seconds west 474.096 feet to a point N248,480.76,
E667,826.88, thence running north 79 degrees 09 minutes
31.6 seconds east 100.872 feet to a point N248,499.73,
E667,925.95, thence running north 13 degrees 47 minutes
27.6 seconds west 95.126 feet to a point N248,592.12,
E667,903.28, thence running south 79 degrees 09 minutes
31.6 seconds west 115.330 feet to a point N248,570.42,
E667,790.01, thence running north 22 degrees 21 minutes
20.8 seconds west 816.885 feet to a point N249,325.91,
E667,479.30, thence running north 07 degrees 03 minutes
00.3 seconds west 305.680 feet to a point N249,629.28,
E667,441.78, thence running north 65 degrees 21 minutes
33.8 seconds east 105.561 feet to the point of origin.
(2) Cedar bayou, texas.--The project for navigation, Cedar
Bayou, Texas, authorized by the first section of the Act
entitled ``An Act making appropriations for the construction,
repair, and preservation of certain public works on rivers and
harbors, and for other purposes'', approved September 19, 1890
(26 Stat. 444), and modified by the first section of the Act
entitled ``An Act authorizing the construction, repair, and
preservation of certain public works on rivers and harbors, and
for other purposes'', approved July 3, 1930 (46 Stat. 926), and
deauthorized by section 1002 of the Water Resources Development
Act of 1986 (100 Stat. 4219), except that the project is
authorized only for construction of a navigation channel 12 feet
deep by 125 feet wide from mile -2.5 (at the junction with the
Houston Ship Channel) to mile 11.0 on Cedar Bayou.
(b) Redesignation.--The following portion of the 11-foot channel of
the project for navigation, Narraguagus River, Milbridge, Maine,
referred to in subsection (a)(1) is redesignated as anchorage: Starting
at a point with coordinates N248,413.92, E668,000.24, thence running
south 20 degrees 09 minutes 57.8 seconds east 1325.205 feet to a point
N247,169.95, E668,457.09, thence running north 51 degrees 30 minutes
05.7 seconds west 562.33 feet to a point N247,520.00, E668,017.00,
thence running north 01 degrees 04 minutes 26.8 seconds west 894.077
feet to the point of origin.
SEC. 350. CONTINUATION OF PROJECT AUTHORIZATIONS.
(a) In General.--Notwithstanding section 1001(b)(2) of the Water
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the following
projects shall remain authorized to be carried out by the Secretary:
[[Page 114 STAT. 2633]]
(1) The projects for flood control, Sacramento River,
California, modified by section 10 of the Flood Control Act of
December 22, 1944 (58 Stat. 900-901).
(2) The project for flood protection, Sacramento River from
Chico Landing to Red Bluff, California, authorized by section
203 of the Flood Control Act of 1958 (72 Stat. 314).
(b) Limitation.--A project described in subsection (a) shall not be
authorized for construction after the last day of the 7-year period
beginning on the date of enactment of this Act, unless, during such
period, funds have been obligated for the construction (including
planning and design) of the project.
SEC. 351. WATER QUALITY PROJECTS.
Section 307(a) of the Water Resources Development Act of 1992 (106
Stat. 4841) is amended by striking ``Jefferson and Orleans Parishes''
and inserting ``Jefferson, Orleans, and St. Tammany Parishes''.
TITLE IV--STUDIES
SEC. 401. STUDIES OF COMPLETED PROJECTS.
The Secretary shall conduct a study under section 216 of the Flood
Control Act of 1970 (84 Stat. 1830) of each of the following completed
projects:
(1) Escambia bay and river, florida.--Project for
navigation, Escambia Bay and River, Florida.
(2) Illinois river, havana, illinois.--Project for flood
control, Illinois River, Havana, Illinois, authorized by section
5 of the Flood Control Act of June 22, 1936 (49 Stat. 1583).
(3) Spring lake, illinois.--Project for flood control,
Spring Lake, Illinois, authorized by section 5 of the Flood
Control Act of June 22, 1936 (49 Stat. 1584).
(4) Port orford, oregon.--Project for navigation, Port
Orford, Oregon, authorized by section 301 of the River and
Harbor Act of 1965 (79 Stat. 1092).
SEC. 402. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT.
(a) Assessments.--The Secretary, in cooperation with the Secretary
of the Interior and the States of Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee, shall undertake for the
Lower Mississippi River system--
(1) an assessment of information needed for river-related
management;
(2) an assessment of natural resource habitat needs; and
(3) an assessment of the need for river-related recreation
and access.
(b) Period.--Each assessment referred to in subsection (a) shall be
carried out for 2 years.
(c) Reports.--Before the last day of the second year of an
assessment under subsection (a), the Secretary, in cooperation with the
Secretary of the Interior and the States of Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee, shall
transmit to Congress a report on the results of the assessment to
Congress. The report shall contain recommendations for--
(1) the collection, availability, and use of information
needed for river-related management;
[[Page 114 STAT. 2634]]
(2) the planning, construction, and evaluation of potential
restoration, protection, and enhancement measures to meet
identified habitat needs; and
(3) potential projects to meet identified river access and
recreation needs.
(d) Lower Mississippi River System Defined.--In this section, the
term ``Lower Mississippi River system'' means those river reaches and
adjacent floodplains within the Lower Mississippi River alluvial valley
having commercial navigation channels on the Mississippi mainstem and
tributaries south of Cairo, Illinois, and the Atchafalaya basin floodway
system.
(e) Authorization of Appropriations.--There is authorized to be
appropriated $1,750,000 to carry out this section.
SEC. 403. <<NOTE: 33 USC 652 note.>> UPPER MISSISSIPPI RIVER BASIN
SEDIMENT AND NUTRIENT STUDY.
(a) In General.--In conjunction with the Secretary of Agriculture
and the Secretary of the Interior, the Secretary shall conduct a study
to--
(1) identify and evaluate significant sources of sediment
and nutrients in the upper Mississippi River basin;
(2) quantify the processes affecting mobilization,
transport, and fate of those sediments and nutrients on land and
in water; and
(3) quantify the transport of those sediments and nutrients
to the upper Mississippi River and the tributaries of the upper
Mississippi River.
(b) Study Components.--
(1) Computer modeling.--In carrying out the study under this
section, the Secretary shall develop computer models of the
upper Mississippi River basin, at the subwatershed and basin
scales, to--
(A) identify and quantify sources of sediment and
nutrients; and
(B) examine the effectiveness of alternative
management measures.
(2) Research.--In carrying out the study under this section,
the Secretary shall conduct research to improve the
understanding of--
(A) fate processes and processes affecting sediment
and nutrient transport, with emphasis on nitrogen and
phosphorus cycling and dynamics;
(B) the influences on sediment and nutrient losses
of soil type, slope, climate, vegetation cover, and
modifications to the stream drainage network; and
(C) river hydrodynamics, in relation to sediment and
nutrient transformations, retention, and transport.
(c) Use of Information.--On request of a Federal agency, the
Secretary may provide information for use in applying sediment and
nutrient reduction programs associated with land-use improvements and
land management practices.
(d) <<NOTE: Deadlines.>> Reports.--
(1) Preliminary report.--Not later than 2 years after the
date of enactment of this Act, the Secretary shall transmit to
Congress a preliminary report that outlines work being conducted
on the study components described in subsection (b).
[[Page 114 STAT. 2635]]
(2) Final report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall transmit to Congress
a report describing the results of the study under this section,
including any findings and recommendations of the study.
(e) Funding.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to carry out this section $4,000,000 for each of
fiscal years 2001 through 2005.
(2) Federal share.--The Federal share of the cost of
carrying out this section shall be 50 percent.
SEC. 404. <<NOTE: 33 USC 652 note.>> UPPER MISSISSIPPI RIVER
COMPREHENSIVE PLAN.
Section 459(e) of the Water Resources Development Act of 1999 (113
Stat. 333) is amended by striking ``date of enactment of this Act'' and
inserting ``first date on which funds are appropriated to carry out this
section''.
SEC. 405. OHIO RIVER SYSTEM.
The Secretary may conduct a study of commodity flows on the Ohio
River system. The study shall include an analysis of the commodities
transported on the Ohio River system, including information on the
origins and destinations of these commodities and market trends, both
national and international.
SEC. 406. BALDWIN COUNTY, ALABAMA.
The Secretary shall conduct a study to determine the feasibility of
carrying out beach erosion control, storm damage reduction, and other
measures along the shores of Baldwin County, Alabama.
SEC. 407. BRIDGEPORT, ALABAMA.
The Secretary shall review the construction of a channel performed
by the non-Federal interest at the project for navigation, Tennessee
River, Bridgeport, Alabama, to determine the Federal navigation interest
in such work.
SEC. 408. ARKANSAS RIVER NAVIGATION SYSTEM.
The Secretary shall expedite completion of the Arkansas River
navigation study, including the feasibility of increasing the authorized
channel from 9 feet to 12 feet.
SEC. 409. CACHE CREEK BASIN, CALIFORNIA.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of modifying the project for flood control, Cache Creek
Basin, California, authorized by section 401(a) of the Water Resources
Development Act of 1986 (100 Stat. 4112), to authorize construction of
features to mitigate impacts of the project on the storm drainage system
of the city of Woodland, California, that have been caused by
construction of a new south levee of the Cache Creek Settling Basin.
(b) Required Elements.--The study shall include consideration of--
(1) an outlet works through the Yolo Bypass capable of
receiving up to 1,600 cubic feet per second of storm drainage
from the city of Woodland and Yolo County;
(2) a low-flow cross-channel across the Yolo Bypass,
including all appurtenant features, that is sufficient to route
storm flows of 1,600 cubic feet per second between the old
[[Page 114 STAT. 2636]]
and new south levees of the Cache Creek Settling Basin, across
the Yolo Bypass, and into the Tule Canal; and
(3) such other features as the Secretary determines to be
appropriate.
SEC. 410. ESTUDILLO CANAL, SAN LEANDRO, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Estudillo
Canal, San Leandro, California.
SEC. 411. LAGUNA CREEK, FREMONT, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction in the Laguna Creek
watershed, Fremont, California.
SEC. 412. LAKE MERRITT, OAKLAND, CALIFORNIA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, flood damage
reduction, and recreation at Lake Merritt, Oakland, California.
SEC. 413. LANCASTER, CALIFORNIA.
(a) In General.--The Secretary shall evaluate the report of the city
of Lancaster, California, entitled ``Master Plan of Drainage'', to
determine whether the plans contained in the report are feasible and in
the Federal interest, including plans relating to drainage corridors
located at 52nd Street West, 35th Street West, North Armargosa, and 20th
Street East.
(b) Report.--Not <<NOTE: Deadline.>> later than September 30, 2001,
the Secretary shall transmit to Congress a report on the results of the
evaluation.
SEC. 414. OCEANSIDE, CALIFORNIA.
Not <<NOTE: Deadline.>> later than 32 months after the date of
enactment of this Act, the Secretary shall conduct a study, at Federal
expense, of plans--
(1) to mitigate for the erosion and other impacts resulting
from the construction of Camp Pendleton Harbor, Oceanside,
California, as a wartime measure; and
(2) to restore beach conditions along the affected public
and private shores to the conditions that existed before the
construction of Camp Pendleton Harbor.
SEC. 415. SAN JACINTO WATERSHED, CALIFORNIA.
(a) In General.--The Secretary shall conduct a watershed study for
the San Jacinto watershed, California.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $250,000.
SEC. 416. SUISUN MARSH, CALIFORNIA.
The investigation for Suisun Marsh, California, authorized under the
Energy and Water Development Appropriations Act, 2000 (Public Law 106-
60), shall be limited to evaluating the feasibility of the levee
enhancement and managed wetlands protection program for Suisun Marsh,
California.
SEC. 417. DELAWARE RIVER WATERSHED.
(a) Study.--The Secretary shall conduct studies and assessments to
analyze the sources and impacts of sediment contamination in the
Delaware River watershed.
[[Page 114 STAT. 2637]]
(b) Activities.--Activities authorized under this section may be
conducted by a university with expertise in research in contaminated
sediment sciences.
(c) Authorization of Appropriations.--
(1) Authorization of appropriations.--There is authorized to
be appropriated to the Secretary to carry out this section
$5,000,000. Such sums shall remain available until expended.
(2) Corps of engineers expenses.--10 percent of the amounts
appropriated to carry out this section may be used by the Corps
of Engineers district offices to administer and implement
studies and assessments under this section.
SEC. 418. BREVARD COUNTY, FLORIDA.
The <<NOTE: Reports.>> Secretary shall prepare a general
reevaluation report on the project for shoreline protection, Brevard
County, Florida, authorized by section 101(b)(7) of the Water Resources
Development Act of 1996 (110 Stat. 3667), to determine, if the project
were modified to direct the Secretary to incorporate in the project any
or all of the 7.1-mile reach of the project that was deleted from the
south reach of the project, as described in paragraph (5) of the Report
of the Chief of Engineers, dated December 23, 1996, whether the project
as modified would be technically sound, environmentally acceptable, and
economically justified.
SEC. 419. CHOCTAWHATCHEE RIVER, FLORIDA.
The Secretary shall conduct a study to determine the Federal
interest in dredging the mouth of the Choctawhatchee River, Florida, to
remove the sand plug.
SEC. 420. EGMONT KEY, FLORIDA.
The Secretary shall conduct a study to determine the feasibility of
stabilizing the historic fortifications and beach areas of Egmont Key,
Florida, that are threatened by erosion.
SEC. 421. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER
BASINS, FLORIDA.
(a) In General.--The Secretary shall conduct a restudy of flooding
and water quality issues in--
(1) the upper Ocklawaha River basin, south of the Silver
River; and
(2) the Apopka River and Palatlakaha River basins.
(b) Required Elements.--In carrying out subsection (a), the
Secretary shall review the report of the Chief of Engineers on the Four
River Basins, Florida, project, published as House Document No. 585,
87th Congress, and other pertinent reports to determine the feasibility
of measures relating to comprehensive watershed planning for water
conservation, flood control, environmental restoration and protection,
and other issues relating to water resources in the river basins
described in subsection (a).
SEC. 422. LAKE ALLATOONA WATERSHED, GEORGIA.
Section 413 of the Water Resources Development Act of 1999 (113
Stat. 324) is amended to read as follows:
``SEC. 413. LAKE ALLATOONA WATERSHED, GEORGIA.
``(a) In General.--The Secretary shall conduct a comprehensive study
of the Lake Allatoona watershed, Georgia, to determine the
[[Page 114 STAT. 2638]]
feasibility of undertaking ecosystem restoration and resource protection
measures.
``(b) Matters To Be Addressed.--The study shall address streambank
and shoreline erosion, sedimentation, water quality, fish and wildlife
habitat degradation, and other problems relating to ecosystem
restoration and resource protection in the Lake Allatoona watershed.''.
SEC. 423. BOISE RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Boise River,
Idaho.
SEC. 424. WOOD RIVER, IDAHO.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction along the Wood River
in Blaine County, Idaho.
SEC. 425. CHICAGO, ILLINOIS.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for shoreline protection along
the Chicago River, Chicago, Illinois.
(b) Sites.--Under subsection (a), the Secretary shall study--
(1) the USX/Southworks site;
(2) Calumet Lake and River;
(3) the Canal Origins Heritage Corridor; and
(4) Ping Tom Park.
(c) Use of Information; Consultation.--In carrying out this section,
the Secretary shall use available information from, and consult with,
appropriate Federal, State, and local agencies.
SEC. 426. CHICAGO SANITARY AND SHIP CANAL SYSTEM, CHICAGO,
ILLINOIS.
The Secretary shall conduct a study to determine the feasibility of
reducing the use of the waters of Lake Michigan to support navigation in
the Chicago sanitary and ship canal system, Chicago, Illinois.
SEC. 427. LONG LAKE, INDIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for ecosystem restoration, Long Lake, Indiana.
SEC. 428. BRUSH AND ROCK CREEKS, MISSION HILLS AND FAIRWAY,
KANSAS.
The Secretary shall evaluate the preliminary engineering report for
the project for flood control, Mission Hills and Fairway, Kansas,
entitled ``Preliminary Engineering Report: Brush Creek/Rock Creek
Drainage Improvements, 66th Street to State Line Road'', to determine
whether the plans contained in the report are feasible and in the
Federal interest.
SEC. 429. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK,
LOUISIANA.
The Secretary shall investigate the problems associated with the
mixture of freshwater, saltwater, and fine river silt in the channel of
the project for navigation, Atchafalaya River and Bayous Chene, Boeuf,
and Black, Louisiana, authorized by section 101
[[Page 114 STAT. 2639]]
of the River and Harbor Act of 1968 (82 Stat. 731), and recommend a
solution to the problems.
SEC. 430. BOEUF AND BLACK, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
deepening the navigation channel of the Atchafalaya River and Bayous
Chene, Boeuf and Black, Louisiana, from 20 feet to 35 feet.
SEC. 431. IBERIA PORT, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for navigation, Iberia Port, Louisiana.
SEC. 432. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.
Not <<NOTE: Deadline. Reports.>> later than 180 days after the date
of enactment of this Act, the Secretary shall complete a post-
authorization change report on the project for hurricane-flood
protection, Lake Pontchartrain, Louisiana, authorized by section 204 of
the Flood Control Act of 1965 (79 Stat. 1077), to include structural
modifications to the seawall providing protection along the south shore
of Lake Pontchartrain from the New Basin Canal on the west to the Inner
Harbor Navigation Canal on the east.
SEC. 433. LOWER ATCHAFALAYA BASIN, LOUISIANA.
As part of the Lower Atchafalaya basin reevaluation study, the
Secretary shall determine the feasibility of carrying out a project for
flood damage reduction, Stephensville, Louisiana.
SEC. 434. ST. JOHN THE BAPTIST PARISH, LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for flood damage reduction on the east bank of
the Mississippi River in St. John the Baptist Parish, Louisiana.
SEC. 435. SOUTH LOUISIANA.
The Secretary shall conduct a study to determine the feasibility of
carrying out projects for hurricane protection in the coastal area of
the State of Louisiana between Morgan City and the Pearl River.
SEC. 436. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND NEW
HAMPSHIRE.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Portsmouth Harbor and Piscataqua
River, Maine and New Hampshire, authorized by section 101 of the River
and Harbor Act of 1962 (76 Stat. 1173) and modified by section 202(a) of
the Water Resources Development Act of 1986 (100 Stat. 4095), to
increase the authorized width of turning basins in the Piscataqua River
to 1,000 feet.
SEC. 437. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW HAMPSHIRE.
(a) In General.--The Secretary shall conduct a comprehensive study
of the water resources needs of the Merrimack River basin, Massachusetts
and New Hampshire, in the manner described in section 729 of the Water
Resources Development Act of 1986 (100 Stat. 4164).
[[Page 114 STAT. 2640]]
(b) Consideration of Other Studies.--In carrying out this section,
the Secretary may take into consideration any studies conducted by the
University of New Hampshire on environmental restoration of the
Merrimack River System.
SEC. 438. WILD RICE RIVER, MINNESOTA.
The <<NOTE: Reports.>> Secretary shall prepare a general
reevaluation report on the project for flood control, Wild Rice River,
Minnesota, authorized by section 201 of the Flood Control Act of 1970
(84 Stat. 1825). In carrying out the reevaluation, the Secretary shall
include river dredging as a component of the study.
SEC. 439. PORT OF GULFPORT, MISSISSIPPI.
The Secretary shall conduct a study to determine the feasibility of
modifying the project for navigation, Gulfport Harbor, Mississippi,
authorized by section 202(a) of the Water Resources Development Act of
1986 (100 Stat. 4094) and modified by section 4(n) of the Water
Resources Development Act of 1988 (102 Stat. 4017).
SEC. 440. LAS VEGAS VALLEY, NEVADA.
Section 432(b) of the Water Resources Development Act of 1999 (113
Stat. 327) is amended by inserting ``recreation,'' after ``runoff),''.
SEC. 441. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.
In conjunction with the State of New Hampshire, the Secretary shall
conduct a study to identify and evaluate potential upland disposal sites
for dredged material originating from harbor areas located within the
State.
SEC. 442. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.
Section 433 of the Water Resources Development Act of 1999 (113
Stat. 327) is amended--
(1) by inserting ``(a) In General.--'' before ``The''; and
(2) by adding at the end the following:
``(b) Evaluation of Flood Damage Reduction Measures.--In conducting
the study, the Secretary shall evaluate flood damage reduction measures
that would otherwise be excluded from the feasibility analysis based on
policies of the Corps of Engineers concerning the frequency of flooding,
the drainage area, and the amount of runoff.''.
SEC. 443. BUFFALO HARBOR, BUFFALO, NEW YORK.
(a) In General.--The Secretary shall conduct a study to determine
the advisability and potential impacts of declaring as nonnavigable a
portion of the channel at Control Point Draw, Buffalo Harbor, Buffalo
New York.
(b) Contents.--The study conducted under this section shall include
an examination of other options to meet intermodal transportation needs
in the area.
SEC. 444. JAMESVILLE RESERVOIR, ONONDAGA COUNTY, NEW YORK.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration, flood damage
reduction, and water quality, Jamesville Reservoir, Onondaga County, New
York.
[[Page 114 STAT. 2641]]
SEC. 445. BOGUE BANKS, CARTERET COUNTY, NORTH CAROLINA.
The Secretary shall expedite completion of a study under section 145
of the Water Resources Development Act of 1976 (33 U.S.C. 426j) on the
expedited renourishment, through sharing of the costs of deposition of
sand and other material used for beach renourishment, of the beaches of
Bogue Banks in Carteret County, North Carolina, including Atlantic
Beach, Pine Knoll Shores Beach, Salter Path Beach, Indian Beach, and
Emerald Isle Beach.
SEC. 446. DUCK CREEK WATERSHED, OHIO.
The Secretary shall conduct a study to determine the feasibility of
carrying out flood control, environmental restoration, and aquatic
ecosystem restoration measures in the Duck Creek watershed, Ohio.
SEC. 447. FREMONT, OHIO.
In consultation with appropriate Federal, State, and local agencies,
the Secretary shall conduct a study to determine the feasibility of
carrying out projects for water supply and environmental restoration at
the Ballville Dam on the Sandusky River at Fremont, Ohio.
SEC. 448. STEUBENVILLE, OHIO.
The Secretary shall conduct a study to determine the feasibility of
developing a public port along the Ohio River in the vicinity of
Steubenville, Ohio.
SEC. 449. GRAND LAKE, OKLAHOMA.
(a) Evaluation.--The Secretary shall--
(1) evaluate the backwater effects specifically due to flood
control operations on land around Grand Lake, Oklahoma; and
(2) <<NOTE: Deadline. Reports.>> transmit, not later than
180 days after the date of enactment of this Act, to Congress a
report on whether Federal actions have been a significant cause
of the backwater effects.
(b) Feasibility Study.--
(1) In general.--The Secretary shall conduct a study to
determine the feasibility of--
(A) addressing the backwater effects of the
operation of the Pensacola Dam, Grand/Neosho River
basin, Oklahoma; and
(B) purchasing easements for any land that has been
adversely affected by backwater flooding in the Grand/
Neosho River basin.
(2) Cost sharing.--If the Secretary determines under
subsection (a)(2) that Federal actions have been a significant
cause of the backwater effects, the Federal share of the costs
of the feasibility study under paragraph (1) shall be 100
percent.
SEC. 450. COLUMBIA SLOUGH, OREGON.
Not <<NOTE: Deadline.>> later than 180 days after the date of
enactment of this Act, the Secretary shall complete under section 1135
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) a
feasibility study for the ecosystem restoration project at Columbia
Slough, Oregon. If the Secretary determines that the project is
appropriate, the Secretary may carry out the project on an expedited
basis under such section.
[[Page 114 STAT. 2642]]
SEC. 451. CLIFF WALK IN NEWPORT, RHODE ISLAND.
The Secretary shall conduct a study to determine the project
deficiencies and identify the necessary measures to restore the project
for Cliff Walk in Newport, Rhode Island, to meet its authorized purpose.
SEC. 452. QUONSET POINT CHANNEL, RHODE ISLAND.
The Secretary shall conduct a study to determine the Federal
interest in dredging the Quonset Point navigation channel in
Narragansett Bay, Rhode Island.
SEC. 453. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND.
In consultation with the Administrator of the Environmental
Protection Agency, the Secretary shall conduct a study to determine the
feasibility of designating a permanent site in the State of Rhode Island
for the disposal of dredged material.
SEC. 454. REEDY RIVER, GREENVILLE, SOUTH CAROLINA.
The Secretary shall conduct a study to determine the feasibility of
carrying out a project for aquatic ecosystem restoration, flood damage
reduction, and streambank stabilization on the Reedy River, Cleveland
Park West, Greenville, South Carolina.
SEC. 455. CHICKAMAUGA LOCK AND DAM, TENNESSEE.
(a) In General.--The Secretary shall use $200,000, from funds
transferred from the Tennessee Valley Authority, to prepare a report of
the Chief of Engineers for a replacement lock at Chickamauga Lock and
Dam, Tennessee.
(b) Funding.--As soon as practicable after the date of enactment of
this Act, the Tennessee Valley Authority shall transfer to the Secretary
the funds necessary to carry out subsection (a).
SEC. 456. GERMANTOWN, TENNESSEE.
(a) In General.--The Secretary shall conduct a study to determine
the feasibility of carrying out a project for flood control and related
purposes along Miller Farms Ditch, Howard Road Drainage, and Wolf River
Lateral D, Germantown, Tennessee.
(b) Justification Analysis.--The Secretary shall include
environmental and water quality benefits in the justification analysis
for the project.
(c) Credit.--The Secretary--
(1) shall credit toward the non-Federal share of the cost of
the feasibility study the value of the in-kind services provided
by the non-Federal interests relating to the planning,
engineering, and design of the project, whether carried out
before, on, or after the date of execution of the feasibility
study cost-sharing agreement; and
(2) shall consider, for the purposes of paragraph (1), the
feasibility study to be conducted as part of the Memphis Metro
Tennessee and Mississippi study authorized by resolution of the
Committee on Transportation and Infrastructure of the House of
Representatives, dated March 7, 1996.
(d) Limitation.--The Secretary may not reject the project under the
feasibility study based solely on a minimum amount of stream runoff.
[[Page 114 STAT. 2643]]
SEC. 457. MILWAUKEE, WISCONSIN.
(a) In General.--The Secretary shall evaluate the report for the
project for flood damage reduction and environmental restoration,
Milwaukee, Wisconsin, entitled ``Interim Executive Summary: Menominee
River Flood Management Plan'', dated September 1999, to determine
whether the plans contained in the report are cost-effective,
technically sound, environmentally acceptable, and in the Federal
interest.
(b) Report.--Not <<NOTE: Deadline.>> later than September 30, 2001,
the Secretary shall transmit to Congress a report on the results of the
evaluation.
TITLE V--MISCELLANEOUS PROVISIONS
SEC. 501. LAKES PROGRAM.
Section 602 of the Water Resources Development Act of 1986 (100
Stat. 4148-4149), as amended in section 210(b) of this Act, is further
amended--
(1) in subsection (b) by inserting ``and activity'' after
``project'';
(2) in subsection (c) by inserting ``and activities under
subsection (f)'' before the comma; and
(3) by adding at the end the following:
``(f) Center for Lake Education and Research, Otsego Lake, New
York.--
``(1) In general.--The Secretary shall construct an
environmental education and research facility at Otsego Lake,
New York. The purpose of the Center shall be to--
``(A) conduct nationwide research on the impacts of
water quality and water quantity on lake hydrology and
the hydrologic cycle;
``(B) develop technologies and strategies for
monitoring and improving water quality in the Nation's
lakes; and
``(C) provide public education regarding the
biological, economic, recreational, and aesthetic value
of the Nation's lakes.
``(2) Use of research.--The results of research and
education activities carried out at the Center shall be applied
to the program under subsection (a) and to other Federal
programs, projects, and activities that are intended to improve
or otherwise affect lakes.
``(3) Biological monitoring station.--A central function of
the Center shall be to research, develop, test, and evaluate
biological monitoring technologies and techniques for potential
use at lakes listed in subsection (a) and throughout the Nation.
``(4) Credit.--The non-Federal sponsor shall receive credit
for lands, easements, rights-of-way, and relocations toward its
share of project costs.
``(5) Authorization of appropriations.--In addition to sums
authorized by subsection (d), there is authorized to be
appropriated to carry out this subsection $3,000,000. Such sums
shall remain available until expended.''.
SEC. 502. RESTORATION PROJECTS.
(a) In General.--Section 539 of the Water Resources Development Act
of 1996 (110 Stat. 3776-3777) is amended--
[[Page 114 STAT. 2644]]
(1) in the section heading by striking ``maryland,
pennsylvania, and west virginia'';
(2) by striking ``and'' at the end of subsection (a)(1)(A);
(3) by striking the period at the end of subsection
(a)(1)(B) and inserting a semicolon; and
(4) by adding at the end of subsection (a)(1) the following:
``(C) the Lackawanna River, Pennsylvania;
``(D) the Soda Butte Creek, Silver Creek, and
Elkhorn Mountain drainages, Montana;
``(E) the Pemigewasset River watershed, New
Hampshire;
``(F) the Hocking River, Ohio; and
``(G) the Clinch River watershed and Powell River
watershed, Virginia.''.
(b) Authorization of Appropriations.--Section 539(d) of such Act
(110 Stat. 3776-3777) is amended--
(1) by striking ``(a)(1)(A) and'' and inserting
``(a)(1)(A),''; and
(2) by inserting ``, $5,000,000 for projects undertaken
under subsection (a)(1)(C), $5,000,000 for projects undertaken
under subsection (a)(1)(D), $1,500,000 for projects undertaken
under subsection (a)(1)(E), $2,500,000 for projects undertaken
under subsection (a)(1)(F), and $5,000,000 for projects
undertaken under subsection (a)(1)(G)'' before the period at the
end.
SEC. 503. SUPPORT OF ARMY CIVIL WORKS PROGRAM.
The requirements of section 2361 of title 10, United States Code,
shall not apply to any contract, cooperative research and development
agreement, cooperative agreement, or grant entered into under section
229 of the Water Resources Development Act of 1996 (33 U.S.C. 2313b)
between the Secretary and Marshall University or entered into under
section 350 of the Water Resources Development Act of 1999 (113 Stat.
310) between the Secretary and Juniata College, Pennsylvania.
SEC. 504. EXPORT OF WATER FROM GREAT LAKES.
(a) Additional Finding.--Section 1109(b) of the Water Resources
Development Act of 1986 (42 U.S.C. 1962d-20(b)) is amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(2) by inserting after paragraph (1) the following:
``(2) to encourage the Great Lakes States, in consultation
with the Provinces of Ontario and Quebec, to develop and
implement a mechanism that provides a common conservation
standard embodying the principles of water conservation and
resource improvement for making decisions concerning the
withdrawal and use of water from the Great Lakes Basin;''.
(b) Approval of Governors for Export of Water.--Section 1109(d) of
the Water Resources Development Act of 1986 (42 U.S.C. 1962d-20(d)) is
amended by--
(1) inserting ``or exported'' after ``diverted''; and
(2) inserting ``or export'' after ``diversion''.
(c) Sense of Congress.--It is the sense of Congress that the
Secretary of State should work with the Canadian Government to encourage
and support the Provinces in the development and implementation of a
mechanism and standard concerning the withdrawal and use of water from
the Great Lakes Basin consistent
[[Page 114 STAT. 2645]]
with those mechanisms and standards developed by the Great Lakes States.
SEC. 505. GREAT LAKES TRIBUTARY MODEL.
Section 516 of the Water Resources Development Act of 1996 (33
U.S.C. 2326b) is amended--
(1) by adding at the end of subsection (e) the following:
``(3) Report.--Not <<NOTE: Deadline.>> later than December
31, 2003, the Secretary shall transmit to Congress a report on
the Secretary's activities under this subsection.''; and
(2) in subsection (g)--
(A) by striking ``There is authorized'' and
inserting the following:
``(1) In general.--There is authorized'';
(B) by adding at the end the following:
``(2) Great <<NOTE: Appropriation authorization.>> lakes
tributary model.--In addition to amounts made available under
paragraph (1), there is authorized to be appropriated to carry
out subsection (e) $5,000,000 for each of fiscal years 2002
through 2006.''; and
(C) by aligning the remainder of the text of
paragraph (1) (as designated by subparagraph (A) of this
paragraph) with paragraph (2) (as added by subparagraph
(B) of this paragraph).
SEC. 506. <<NOTE: 42 USC 1962d-22.>> GREAT LAKES FISHERY AND ECOSYSTEM
RESTORATION.
(a) Findings.--Congress finds that--
(1) the Great Lakes comprise a nationally and
internationally significant fishery and ecosystem;
(2) the Great Lakes fishery and ecosystem should be
developed and enhanced in a coordinated manner; and
(3) the Great Lakes fishery and ecosystem provides a
diversity of opportunities, experiences, and beneficial uses.
(b) Definitions.--In this section, the following definitions apply:
(1) Great lake.--
(A) In general.--The term ``Great Lake'' means Lake
Superior, Lake Michigan, Lake Huron (including Lake St.
Clair), Lake Erie, and Lake Ontario (including the St.
Lawrence River to the 45th parallel of latitude).
(B) Inclusions.--The term ``Great Lake'' includes
any connecting channel, historically connected
tributary, and basin of a lake specified in subparagraph
(A).
(2) Great lakes commission.--The term ``Great Lakes
Commission'' means the Great Lakes Commission established by the
Great Lakes Basin Compact (82 Stat. 414).
(3) Great lakes fishery commission.--The term ``Great Lakes
Fishery Commission'' has the meaning given the term
``Commission'' in section 2 of the Great Lakes Fishery Act of
1956 (16 U.S.C. 931).
(4) Great lakes state.--The term ``Great Lakes State'' means
each of the States of Illinois, Indiana, Michigan, Minnesota,
Ohio, Pennsylvania, New York, and Wisconsin.
(c) Great Lakes Fishery and Ecosystem Restoration.--
(1) Support plan.--
(A) In <<NOTE: Deadline.>> general.--Not later than
1 year after the date of enactment of this Act, the
Secretary shall develop a plan for activities of the
Corps of Engineers that support the management of Great
Lakes fisheries.
[[Page 114 STAT. 2646]]
(B) Use of existing documents.--To the maximum
extent practicable, the plan shall make use of and
incorporate documents that relate to the Great Lakes and
are in existence on the date of enactment of this Act,
such as lakewide management plans and remedial action
plans.
(C) Cooperation.--The Secretary shall develop the
plan in cooperation with--
(i) the signatories to the Joint Strategic
Plan for Management of the Great Lakes Fisheries;
and
(ii) other affected interests.
(2) Projects.--The Secretary shall plan, design, and
construct projects to support the restoration of the fishery,
ecosystem, and beneficial uses of the Great Lakes.
(3) Evaluation program.--
(A) In general.--The Secretary shall develop a
program to evaluate the success of the projects carried
out under paragraph (2) in meeting fishery and ecosystem
restoration goals.
(B) Studies.--Evaluations under subparagraph (A)
shall be conducted in consultation with the Great Lakes
Fishery Commission and appropriate Federal, State, and
local agencies.
(d) Cooperative Agreements.--In carrying out this section, the
Secretary may enter into a cooperative agreement with the Great Lakes
Commission or any other agency established to facilitate active State
participation in management of the Great Lakes.
(e) Relationship to Other Great Lakes Activities.--No activity under
this section shall affect the date of completion of any other activity
relating to the Great Lakes that is authorized under other law.
(f) Cost Sharing.--
(1) Development of plan.--The Federal share of the cost of
development of the plan under subsection (c)(1) shall be 65
percent.
(2) Project planning, design, construction, and
evaluation.--The Federal share of the cost of planning, design,
construction, and evaluation of a project under paragraph (2) or
(3) of subsection (c) shall be 65 percent.
(3) Non-federal share.--
(A) Credit for land, easements, and rights-of-way.--
The Secretary shall credit the non-Federal interest for
the value of any land, easement, right-of-way, dredged
material disposal area, or relocation provided for
carrying out a project under subsection (c)(2).
(B) Form.--The non-Federal interest may provide up
to 50 percent of the non-Federal share required under
paragraphs (1) and (2) in the form of services,
materials, supplies, or other in-kind contributions.
(4) Operation and maintenance.--The operation, maintenance,
repair, rehabilitation, and replacement of projects carried out
under this section shall be a non-Federal responsibility.
(5) Non-federal interests.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal interest
may include a private interest and a nonprofit entity.
(g) Authorization of Appropriations.--
[[Page 114 STAT. 2647]]
(1) Development of plan.--There is authorized to be
appropriated for development of the plan under subsection (c)(1)
$300,000.
(2) Other activities.--There is authorized to be
appropriated to carry out paragraphs (2) and (3) of subsection
(c) $100,000,000.
SEC. 507. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Critical restoration project.--The term ``critical
restoration project'' means a project that will produce,
consistent with Federal programs, projects, and activities,
immediate and substantial ecosystem restoration, preservation,
and protection benefits.
(2) New england.--The term ``New England'' means all
watersheds, estuaries, and related coastal areas in the States
of Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, and Vermont.
(b) Assessment.--
(1) In general.--The Secretary, in coordination with
appropriate Federal, State, tribal, regional, and local
agencies, shall perform an assessment of the condition of water
resources and related ecosystems in New England to identify
problems and needs for restoring, preserving, and protecting
water resources, ecosystems, wildlife, and fisheries.
(2) Matters to be addressed.--The assessment shall include--
(A) development of criteria for identifying and
prioritizing the most critical problems and needs; and
(B) a framework for development of watershed or
regional restoration plans.
(3) Use of existing information.--In performing the
assessment, the Secretary shall, to the maximum extent
practicable, use--
(A) information that is available on the date of
enactment of this Act; and
(B) ongoing efforts of all participating agencies.
(4) Criteria; framework.--
(A) In <<NOTE: Deadline. Public
information.>> general.--Not later than 1 year after the
date of enactment of this Act, the Secretary shall
develop and make available for public review and
comment--
(i) criteria for identifying and prioritizing
critical problems and needs; and
(ii) a framework for development of watershed
or regional restoration plans.
(B) Use of resources.--In developing the criteria
and framework, the Secretary shall make full use of all
available Federal, State, tribal, regional, and local
resources.
(5) Report.--Not <<NOTE: Deadline.>> later than October 1,
2002, the Secretary shall transmit to Congress a report on the
assessment.
(c) Restoration Plans.--
(1) In general.--After the report is transmitted under
subsection (b)(5), the Secretary, in coordination with
appropriate Federal, State, tribal, regional, and local
agencies, shall--
[[Page 114 STAT. 2648]]
(A) develop a comprehensive plan for restoring,
preserving, and protecting the water resources and
ecosystem in each watershed and region in New England;
and
(B) transmit the plan to Congress.
(2) Contents.--Each restoration plan shall include--
(A) a feasibility report; and
(B) a programmatic environmental impact statement
covering the proposed Federal action.
(d) Critical Restoration Projects.--
(1) In general.--After the restoration plans are transmitted
under subsection (c)(1)(B), the Secretary, in coordination with
appropriate Federal, State, tribal, regional, and local
agencies, shall identify critical restoration projects that will
produce independent, immediate, and substantial restoration,
preservation, and protection benefits.
(2) Agreements.--The Secretary may carry out a critical
restoration project after entering into an agreement with an
appropriate non-Federal interest in accordance with section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this
section.
(3) Project justification.--Notwithstanding section 209 of
the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other
provision of law, in carrying out a project under this
subsection, the Secretary may determine that the project--
(A) is justified by the environmental benefits
derived from the ecosystem; and
(B) shall not need further economic justification if
the Secretary determines that the project is cost
effective.
(4) Time limitation.--No critical restoration project may be
initiated under this subsection after September 30, 2005.
(5) Cost limitation.--Not more than $5,000,000 in Federal
funds may be used to carry out a project under this subsection.
(e) Cost Sharing.--
(1) Assessment.--
(A) In general.--The non-Federal share of the cost
of the assessment under subsection (b) shall be 25
percent.
(B) In-kind contributions.--The non-Federal share
may be provided in the form of services, materials, or
other in-kind contributions.
(2) Restoration plans.--
(A) In general.--The non-Federal share of the cost
of developing the restoration plans under subsection (c)
shall be 35 percent.
(B) In-kind contributions.--Up to 50 percent of the
non-Federal share may be provided in the form of
services, materials, or other in-kind contributions.
(3) Critical restoration projects.--
(A) In general.--The non-Federal share of the cost
of carrying out a project under subsection (d) shall be
35 percent.
(B) In-kind contributions.--Up to 50 percent of the
non-Federal share may be provided in the form of
services, materials, or other in-kind contributions.
(C) Required non-federal contribution.--For any
critical restoration project, the non-Federal interest
shall--
(i) provide all land, easements, rights-of-
way, dredged material disposal areas, and
relocations;
[[Page 114 STAT. 2649]]
(ii) pay all operation, maintenance,
replacement, repair, and rehabilitation costs; and
(iii) hold the United States harmless from all
claims arising from the construction, operation,
and maintenance of the project.
(D) Credit.--The Secretary shall credit the non-
Federal interest for the value of the land, easements,
rights-of-way, dredged material disposal areas, and
relocations provided under subparagraph (C).
(f) Authorization of Appropriations.--
(1) Assessment and restoration plans.--There is authorized
to be appropriated to carry out subsections (b) and (c)
$4,000,000 for each of fiscal years 2001 through 2005.
(2) Critical restoration projects.--There is authorized to
be appropriated to carry out subsection (d) $55,000,000.
SEC. 508. VISITORS CENTERS.
(a) John Paul Hammerschmidt Visitors Center, Arkansas.--Section
103(e) of the Water Resources Development Act of 1992 (106 Stat. 4813)
is amended by striking ``Arkansas River, Arkansas.'' and inserting
``Fort Smith, Arkansas, on land provided by the city of Fort Smith.''.
(b) Lower Mississippi River Museum and Riverfront Interpretive Site,
Mississippi.--Section 103(c)(2) of the Water Resources Development Act
of 1992 (106 Stat. 4811) is amended in the first sentence by striking
``in the vicinity of the Mississippi River Bridge in Vicksburg,
Mississippi.'' and inserting ``between the Mississippi River Bridge and
the waterfront in downtown Vicksburg, Mississippi.''.
SEC. 509. CALFED BAY-DELTA PROGRAM ASSISTANCE, CALIFORNIA.
(a) In General.--The Secretary--
(1) may participate with the appropriate Federal and State
agencies in the planning and management activities associated
with the CALFED Bay-Delta Program referred to in the California
Bay-Delta Environmental Enhancement and Water Security Act
(division E of Public Law 104-208; 110 Stat. 3009-748); and
(2) shall integrate, to the maximum extent practicable and
in accordance with applicable law, the activities of the Corps
of Engineers in the San Joaquin and Sacramento River basins with
the long-term goals of the CALFED Bay-Delta Program.
(b) Cooperative Activities.--In participating in the CALFED Bay-
Delta Program under subsection (a), the Secretary may--
(1) accept and expend funds from other Federal agencies and
from non-Federal public, private, and nonprofit entities to
carry out ecosystem restoration projects and activities
associated with the CALFED Bay-Delta Program; and
(2) in carrying out the projects and activities, enter into
contracts, cooperative research and development agreements, and
cooperative agreements with Federal and non-Federal private,
public, and nonprofit entities.
(c) Area Covered by Program.--For the purposes of this section, the
area covered by the CALFED Bay-Delta Program shall be the San Francisco
Bay/Sacramento-San Joaquin Delta Estuary and its watershed (known as the
``Bay-Delta Estuary''), as identified in the Framework Agreement Between
the Governor's Water Policy
[[Page 114 STAT. 2650]]
Council of the State of California and the Federal Ecosystem
Directorate.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000 for fiscal years 2002
through 2005.
SEC. 510. SEWARD, ALASKA.
The Secretary shall carry out, on an emergency one-time basis,
necessary repairs of the Lowell Creek Tunnel in Seward, Alaska, at
Federal expense and a total cost of $3,000,000.
SEC. 511. CLEAR LAKE BASIN, CALIFORNIA.
Amounts made available to the Secretary by the Energy and Water
Development Appropriations Act, 2000 (113 Stat. 483 et seq.) for the
project for aquatic ecosystem restoration, Clear Lake basin, California,
to be carried out under section 206 of the Water Resources Development
Act of 1996 (33 U.S.C. 2330), may be used only for the wetlands
restoration and creation elements of the project.
SEC. 512. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN, CALIFORNIA.
The Secretary shall carry out a project for flood damage reduction
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) at
the Contra Costa Canal, Oakley and Knightsen, California, if the
Secretary determines that the project is technically sound,
environmentally acceptable, and economically justified.
SEC. 513. HUNTINGTON BEACH, CALIFORNIA.
The Secretary shall carry out under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) a project for flood damage reduction in
Huntington Beach, California, if the Secretary determines that the
project is technically sound, environmentally acceptable, and
economically justified.
SEC. 514. MALLARD SLOUGH, PITTSBURG, CALIFORNIA.
The Secretary shall carry out under section 205 of the Flood Control
Act of 1948 (33 U.S.C. 701s) a project for flood damage reduction in
Mallard Slough, Pittsburg, California, if the Secretary determines that
the project is technically sound, environmentally acceptable, and
economically justified.
SEC. 515. PORT EVERGLADES, FLORIDA.
Notwithstanding the absence of a project cooperation agreement, the
Secretary shall reimburse the non-Federal interest for the project for
navigation, Port Everglades Harbor, Florida, $15,003,000 for the Federal
share of costs incurred by the non-Federal interest in carrying out the
project and determined by the Secretary to be eligible for reimbursement
under the limited reevaluation report of the Corps of Engineers, dated
April 1998.
SEC. 516. LAKE SIDNEY LANIER, GEORGIA, HOME PRESERVATION.
(a) Definitions.--In this section, the following definitions apply:
(1) Easement prohibition.--The term ``easement prohibition''
means the rights acquired by the United States in the flowage
easements to prohibit structures for human habitation.
(2) Eligible property owner.--The term ``eligible property
owner'' means a person that owns a structure for human
[[Page 114 STAT. 2651]]
habitation that was constructed before January 1, 2000, and is
located on fee land or in violation of the flowage easement.
(3) Fee land.--The term ``fee land'' means the land acquired
in fee title by the United States for the Lake.
(4) Flowage easement.--The term ``flowage easement'' means
an interest in land that the United States acquired that
provides the right to flood, to the elevation of 1,085 feet
above mean sea level (among other rights), land surrounding the
Lake.
(5) Lake.--The term ``Lake'' means the Lake Sidney Lanier,
Georgia, project of the Corps of Engineers authorized by the
first section of the Rivers and Harbors Act of July 24, 1946 (60
Stat. 635).
(b) Establishment <<NOTE: Deadline. Public notice.>> of Program.--
Not later than 120 days after the date of enactment of this Act, the
Secretary shall establish, and provide public notice of, a program--
(1) to convey to eligible property owners the right to
maintain existing structures for human habitation on fee land;
or
(2) to release eligible property owners from the easement
prohibition as it applies to existing structures for human
habitation on the flowage easements (if the floor elevation of
the human habitation area is above the elevation of 1,085 feet
above mean sea level).
(c) Regulations.--To carry out subsection (b), the Secretary shall
issue regulations that--
(1) require the Corps of Engineers to suspend any activities
to require eligible property owners to remove structures for
human habitation that encroach on fee land or flowage easements;
(2) provide that a person that owns a structure for human
habitation on land adjacent to the Lake shall have a period of 1
year after the date of enactment of this Act--
(A) to request that the Corps of Engineers resurvey
the property of the person to determine if the person is
an eligible property owner under this section; and
(B) to pay the costs of the resurvey to the
Secretary for deposit in the Corps of Engineers account
in accordance with section 2695 of title 10, United
States Code;
(3) provide that when a determination is made, through a
private survey or through a boundary line maintenance survey
conducted by the Federal Government, that a structure for human
habitation is located on the fee land or a flowage easement--
(A) the Corps of Engineers shall immediately notify
the property owner by certified mail; and
(B) the property owner shall have a period of 90
days from receipt of the notice in which to establish
that the structure was constructed before January 1,
2000, and that the property owner is an eligible
property owner under this section;
(4) provide that any private survey shall be subject to
review and approval by the Corps of Engineers to ensure that the
private survey conforms to the boundary line established by the
Federal Government;
(5) require the Corps of Engineers to offer to an eligible
property owner a conveyance or release that--
[[Page 114 STAT. 2652]]
(A) on fee land, conveys by quitclaim deed the
minimum land required to maintain the human habitation
structure, reserving the right to flood to the elevation
of 1,085 feet above mean sea level, if applicable;
(B) in a flowage easement, releases by quitclaim
deed the easement prohibition;
(C) provides that--
(i) the existing structure shall not be
extended further onto fee land or into the flowage
easement; and
(ii) additional structures for human
habitation shall not be placed on fee land or in a
flowage easement; and
(D) provides that--
(i)(I) the United States shall not be liable
or responsible for damage to property or injury to
persons caused by operation of the Lake; and
(II) no claim to compensation shall accrue
from the exercise of the flowage easement rights;
and
(ii) the waiver described in clause (i) of any
and all claims against the United States shall be
a covenant running with the land and shall be
binding on heirs, successors, assigns, and
purchasers of the property subject to the waiver;
and
(6) provide that the eligible property owner shall--
(A) <<NOTE: Deadline.>> agree to an offer under
paragraph (5) not later than 90 days after the offer is
made by the Corps of Engineers; or
(B) comply with the real property rights of the
United States and remove the structure for human
habitation and any other unauthorized real or personal
property.
(d) Option To Purchase Insurance.--Nothing in this section precludes
a property owner from purchasing flood insurance to which the property
owner may be eligible.
(e) Prior Encroachment Resolutions.--Nothing in this section affects
any resolution, before the date of enactment of this Act, of an
encroachment at the Lake, whether the resolution was effected through
sale, exchange, voluntary removal, or alteration or removal through
litigation.
(f) Prior Real Property Rights.--Nothing in this section--
(1) takes away, diminishes, or eliminates any other real
property rights acquired by the United States at the Lake; or
(2) affects the ability of the United States to require the
removal of any and all encroachments that are constructed or
placed on United States real property or flowage easements at
the Lake after December 31, 1999.
SEC. 517. BALLARD'S ISLAND, LA SALLE COUNTY, ILLINOIS.
The Secretary may provide the non-Federal interest for the project
for the improvement of the quality of the environment, Ballard's Island,
La Salle County, Illinois, carried out under section 1135 of the Water
Resources Development Act of 1986 (33 U.S.C. 2309a), credit toward the
non-Federal share of the cost of the project for work performed by the
non-Federal interest after July 1, 1999, if the Secretary determines
that the work is integral to the project.
[[Page 114 STAT. 2653]]
SEC. 518. LAKE MICHIGAN DIVERSION, ILLINOIS.
Section 1142(b) of the Water Resources Development Act of 1986 (42
U.S.C. 1962d-20 note; 100 Stat. 4253; 113 Stat. 339) is amended by
inserting after ``2003'' the following: ``and $800,000 for each fiscal
year beginning after September 30, 2003,''.
SEC. 519. ILLINOIS RIVER BASIN RESTORATION.
(a) Illinois River Basin Defined.--In this section, the term
``Illinois River basin'' means the Illinois River, Illinois, its
backwaters, its side channels, and all tributaries, including their
watersheds, draining into the Illinois River.
(b) Comprehensive Plan.--
(1) Development.--The Secretary shall develop, as
expeditiously as practicable, a proposed comprehensive plan for
the purpose of restoring, preserving, and protecting the
Illinois River basin.
(2) Technologies and innovative approaches.--The
comprehensive plan shall provide for the development of new
technologies and innovative approaches--
(A) to enhance the Illinois River as a vital
transportation corridor;
(B) to improve water quality within the entire
Illinois River basin;
(C) to restore, enhance, and preserve habitat for
plants and wildlife; and
(D) to increase economic opportunity for agriculture
and business communities.
(3) Specific components.--The comprehensive plan shall
include such features as are necessary to provide for--
(A) the development and implementation of a program
for sediment removal technology, sediment
characterization, sediment transport, and beneficial
uses of sediment;
(B) the development and implementation of a program
for the planning, conservation, evaluation, and
construction of measures for fish and wildlife habitat
conservation and rehabilitation, and stabilization and
enhancement of land and water resources in the basin;
(C) the development and implementation of a long-
term resource monitoring program; and
(D) the development and implementation of a
computerized inventory and analysis system.
(4) Consultation.--The comprehensive plan shall be developed
by the Secretary in consultation with appropriate Federal
agencies, the State of Illinois, and the Illinois River
Coordinating Council.
(5) Report <<NOTE: Deadline.>> to congress.--Not later than
2 years after the date of enactment of this Act, the Secretary
shall transmit to Congress a report containing the comprehensive
plan.
(6) Additional studies and analyses.--After transmission of
a report under paragraph (5), the Secretary shall continue to
conduct such studies and analyses related to the comprehensive
plan as are necessary, consistent with this subsection.
(c) Critical Restoration Projects.--
(1) In general.--If the Secretary, in cooperation with
appropriate Federal agencies and the State of Illinois,
determines that a restoration project for the Illinois River
basin
[[Page 114 STAT. 2654]]
will produce independent, immediate, and substantial
restoration, preservation, and protection benefits, the
Secretary shall proceed expeditiously with the implementation of
the project.
(2) Authorization of appropriations.--There is authorized to
be appropriated to carry out projects under this subsection
$100,000,000 for fiscal years 2001 through 2004.
(3) Federal share.--The Federal share of the cost of
carrying out any project under this subsection shall not exceed
$5,000,000.
(d) General Provisions.--
(1) Water quality.--In carrying out projects and activities
under this section, the Secretary shall take into account the
protection of water quality by considering applicable State
water quality standards.
(2) Public <<NOTE: Procedures.>> participation.--In
developing the comprehensive plan under subsection (b) and
carrying out projects under subsection (c), the Secretary shall
implement procedures to facilitate public participation,
including providing advance notice of meetings, providing
adequate opportunity for public input and comment, maintaining
appropriate records, and making a record of the proceedings of
meetings available for public inspection.
(e) Coordination.--The Secretary shall integrate and coordinate
projects and activities carried out under this section with ongoing
Federal and State programs, projects, and activities, including the
following:
(1) Upper Mississippi River System-Environmental Management
Program authorized under section 1103 of the Water Resources
Development Act of 1986 (33 U.S.C. 652).
(2) Upper Mississippi River Illinois Waterway System Study.
(3) Kankakee River Basin General Investigation.
(4) Peoria Riverfront Development General Investigation.
(5) Illinois River Ecosystem Restoration General
Investigation.
(6) Conservation Reserve Program (and other farm programs of
the Department of Agriculture).
(7) Conservation Reserve Enhancement Program (State) and
Conservation 2000 Ecosystem Program of the Illinois Department
of Natural Resources.
(8) Conservation 2000 Conservation Practices Program and the
Livestock Management Facilities Act administered by the Illinois
Department of Agriculture.
(9) National Buffer Initiative of the Natural Resources
Conservation Service.
(10) Nonpoint source grant program administered by the
Illinois Environmental Protection Agency.
(f) Justification.--
(1) In general.--Notwithstanding section 209 of the Flood
Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of
law, in carrying out activities to restore, preserve, and
protect the Illinois River basin under this section, the
Secretary may determine that the activities--
(A) are justified by the environmental benefits
derived by the Illinois River basin; and
(B) shall not need further economic justification if
the Secretary determines that the activities are cost-
effective.
[[Page 114 STAT. 2655]]
(2) Applicability.--Paragraph (1) shall not apply to any
separable element intended to produce benefits that are
predominantly unrelated to the restoration, preservation, and
protection of the Illinois River basin.
(g) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of
projects and activities carried out under this section shall be
35 percent.
(2) Operation, maintenance, rehabilitation, and
replacement.--The operation, maintenance, rehabilitation, and
replacement of projects carried out under this section shall be
a non-Federal responsibility.
(3) In-kind services.--The Secretary may credit the value of
in-kind services provided by the non-Federal interest for a
project or activity carried out under this section toward not
more than 80 percent of the non-Federal share of the cost of the
project or activity. In-kind services shall include all State
funds expended on programs and projects that accomplish the
goals of this section, as determined by the Secretary. The
programs and projects may include the Illinois River
Conservation Reserve Program, the Illinois Conservation 2000
Program, the Open Lands Trust Fund, and other appropriate
programs carried out in the Illinois River basin.
(4) Credit.--
(A) Value of lands.--If the Secretary determines
that lands or interests in land acquired by a non-
Federal interest, regardless of the date of acquisition,
are integral to a project or activity carried out under
this section, the Secretary may credit the value of the
lands or interests in land toward the non-Federal share
of the cost of the project or activity. Such value shall
be determined by the Secretary.
(B) Work.--If the Secretary determines that any work
completed by a non-Federal interest, regardless of the
date of completion, is integral to a project or activity
carried out under this section, the Secretary may credit
the value of the work toward the non-Federal share of
the cost of the project or activity. Such value shall be
determined by the Secretary.
SEC. 520. KOONTZ LAKE, INDIANA.
The Secretary shall provide the non-Federal interest for the project
for aquatic ecosystem restoration, Koontz Lake, Indiana, carried out
under section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330), credit toward the non-Federal share of the cost of the
project for the value of work performed by the non-Federal interest
before the date of execution of the project cooperation agreement if the
Secretary determines that the work is integral to the project.
SEC. 521. WEST VIEW SHORES, CECIL COUNTY, MARYLAND.
Not <<NOTE: Deadline.>> later than 1 year after the date of
enactment of this Act, the Secretary shall carry out an investigation of
the contamination of the well system in West View Shores, Cecil County,
Maryland. If the Secretary determines that a disposal site for a Federal
navigation project has contributed to the contamination of the well
system, the Secretary may provide alternative water supplies, including
replacement of wells.
[[Page 114 STAT. 2656]]
SEC. 522. MUDDY RIVER, BROOKLINE AND BOSTON, MASSACHUSETTS.
The Secretary shall carry out the project for flood damage reduction
and environmental restoration, Muddy River, Brookline and Boston,
Massachusetts, substantially in accordance with the plans, and subject
to the conditions, described in the draft evaluation report of the New
England District Engineer entitled ``Phase I Muddy River Master Plan'',
dated June 2000.
SEC. 523. SOO LOCKS, SAULT STE. MARIE, MICHIGAN.
The Secretary may not require a cargo vessel equipped with bow
thrusters and friction winches that is transiting the Soo Locks in Sault
Ste. Marie, Michigan, to provide more than 2 crew members to serve as
line handlers on the pier of a lock, except in adverse weather
conditions or if there is a mechanical failure on the vessel.
SEC. 524. MINNESOTA DAM SAFETY.
(a) Inventory and Assessment of Other Dams.--
(1) Inventory.--The Secretary shall establish an inventory
of dams constructed in the State of Minnesota by and using funds
made available through the Works Progress Administration, the
Works Projects Administration, and the Civilian Conservation
Corps.
(2) Assessment of rehabilitation needs.--In establishing the
inventory required under paragraph (1), the Secretary shall
assess the condition of the dams on the inventory and the need
for rehabilitation or modification of the dams.
(b) Report <<NOTE: Deadline.>> to Congress.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall transmit to
Congress a report containing the inventory and assessment required by
this section.
(c) Interim Actions.--
(1) In general.--If the Secretary determines that a dam
referred to in subsection (a) presents an imminent and
substantial risk to public safety, the Secretary may carry out
measures to prevent or mitigate against that risk.
(2) Federal share.--The Federal share of the cost of
assistance provided under this subsection shall be 65 percent.
(d) Coordination.--In carrying out this section, the Secretary shall
coordinate with the appropriate State dam safety officials and the
Director of the Federal Emergency Management Agency.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $7,000,000.
SEC. 525. BRUCE F. VENTO UNIT OF THE BOUNDARY WATERS CANOE AREA
WILDERNESS, MINNESOTA.
(a) Designation.--The portion of the Boundary Waters Canoe Area
Wilderness, Minnesota, that is situated north and east of the Gunflint
Corridor and bounded by the United States border with Canada to the
north shall be known and designated as the ``Bruce F. Vento Unit of the
Boundary Waters Canoe Area Wilderness''.
(b) Legal Reference.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the area
referred to in subsection (a) shall be deemed to be a reference to the
``Bruce F. Vento Unit of the Boundary Waters Canoe Area Wilderness''.
[[Page 114 STAT. 2657]]
SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY PROJECT.
(a) Project Authorization.--Section 541(a) of the Water Resources
Development Act of 1996 (110 Stat. 3777) is amended--
(1) by striking ``implement'' and inserting ``conduct full
scale demonstrations of''; and
(2) by inserting before the period the following: ``,
including technologies evaluated for the New York/New Jersey
Harbor under section 405 of the Water Resources Development Act
of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863)''.
(b) Authorization of Appropriations.--Section 541(b) of such Act is
amended by striking ``$1,000,000'' and inserting ``$3,000,000''.
SEC. 527. MINNEAPOLIS, MINNESOTA.
(a) In General.--The Secretary, in cooperation with the State of
Minnesota, shall design and construct the project for environmental
restoration and recreation, Minneapolis, Minnesota, substantially in
accordance with the plans described in the report entitled ``Feasibility
Study for Mississippi Whitewater Park, Minneapolis, Minnesota'',
prepared for the State of Minnesota Department of Natural Resources,
dated June 30, 1999.
(b) Cost Sharing.--
(1) In general.--The non-Federal share of the cost of the
project shall be 35 percent.
(2) Lands, easements, and rights-of-way.--The non-Federal
interest shall provide all lands, easements, rights-of-way,
relocations, and dredged material disposal areas necessary for
construction of the project and shall receive credit for the
cost of providing such lands, easements, rights-of-way,
relocations, and dredged material disposal areas toward the non-
Federal share of the cost of the project.
(3) Operation, maintenance, repair, rehabilitation, and
replacement.--The operation, maintenance, repair,
rehabilitation, and replacement of the project shall be a non-
Federal responsibility.
(4) Credit for non-federal work.--The non-Federal interest
shall receive credit toward the non-Federal share of the cost of
the project for work performed by the non-Federal interest
before the date of execution of the project cooperation
agreement if the Secretary determines that the work is integral
to the project.
(c) Authorization of Appropriations.--There is authorized to be
appropriated $10,000,000 to carry out this section.
SEC. 528. COASTAL MISSISSIPPI WETLANDS RESTORATION PROJECTS.
(a) In General.--In order to further the purposes of section 204 of
the Water Resources Development Act of 1992 (33 U.S.C. 2326) and section
206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), the
Secretary shall participate in restoration projects for critical coastal
wetlands and coastal barrier islands in the State of Mississippi that
will produce, consistent with existing Federal programs, projects, and
activities, immediate and substantial restoration, preservation, and
ecosystem protection benefits, including the beneficial use of dredged
material if such use is a cost-effective means of disposal of such
material.
(b) Project Selection.--The Secretary, in coordination with other
Federal, tribal, State, and local agencies, may identify and
[[Page 114 STAT. 2658]]
implement projects described in subsection (a) after entering into an
agreement with an appropriate non-Federal interest in accordance with
this section.
(c) Cost <<NOTE: Contracts.>> Sharing.--Before implementing any
project under this section, the Secretary shall enter into a binding
agreement with the non-Federal interests. The agreement shall provide
that the non-Federal responsibility for the project shall be as follows:
(1) To acquire any lands, easements, rights-of-way,
relocations, and dredged material disposal areas necessary for
implementation of the project.
(2) To hold and save harmless the United States free from
claims or damages due to implementation of the project, except
for the negligence of the Federal Government or its contractors.
(3) To pay 35 percent of project costs.
(d) Nonprofit Entity.--For any project undertaken under this
section, a non-Federal interest may include a nonprofit entity with the
consent of the affected local government.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000.
SEC. 529. LAS VEGAS, NEVADA.
(a) Definitions.--In this section, the following definitions apply:
(1) Committee.--The term ``Committee'' means the Las Vegas
Wash Coordinating Committee.
(2) Plan.--The term ``Plan'' means the Las Vegas Wash
comprehensive adaptive management plan, developed by the
Committee and dated January 20, 2000.
(3) Project.--The term ``Project'' means the Las Vegas Wash
wetlands restoration and Lake Mead improvement project and
includes the programs, features, components, projects, and
activities identified in the Plan.
(b) Participation in Project.--
(1) In general.--The Secretary, in conjunction with the
Administrator of the Environmental Protection Agency, the
Secretary of Agriculture, and the Secretary of the Interior and
in partnership with the Committee, shall participate in the
implementation of the Project at Las Vegas Wash and Lake Mead in
accordance with the Plan.
(2) Cost sharing requirements.--
(A) In general.--The non-Federal interests shall pay
35 percent of the cost of any project carried out under
this section.
(B) Operation and maintenance.--The non-Federal
interests shall be responsible for all costs associated
with operating, maintaining, replacing, repairing, and
rehabilitating all projects carried out under this
section.
(C) Federal lands.--Notwithstanding any other
provision of this subsection, the Federal share of the
cost of a project carried out under this section on
Federal lands shall be 100 percent, including the costs
of operation and maintenance.
(3) Authorization of appropriations.--There is authorized to
be appropriated $10,000,000 to carry out this section.
[[Page 114 STAT. 2659]]
SEC. 530. URBANIZED PEAK FLOOD MANAGEMENT RESEARCH, NEW JERSEY.
(a) In General.--The Secretary shall develop and implement a
research program to evaluate opportunities to manage peak flood flows in
urbanized watersheds located in the State of New Jersey.
(b) Scope of Research.--The research program authorized by
subsection (a) shall be accomplished through the New York District of
the Corps of Engineers. The research shall include the following:
(1) Identification of key factors in the development of an
urbanized watershed that affect peak flows in the watershed and
downstream.
(2) Development of peak flow management models for 4 to 6
watersheds in urbanized areas with widely differing geology,
shapes, and soil types that can be used to determine optimal
flow reduction factors for individual watersheds.
(c) Report <<NOTE: Deadline.>> to Congress.--The Secretary shall
evaluate policy changes in the planning process for flood damage
reduction projects based on the results of the research under this
section and transmit to Congress a report on such results not later than
3 years after the date of enactment of this Act.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $3,000,000.
SEC. 531. NEPPERHAN RIVER, YONKERS, NEW YORK.
The Secretary shall provide technical assistance to the city of
Yonkers, New York, in support of activities relating to the dredging of
the Nepperhan River outlet, New York.
SEC. 532. UPPER MOHAWK RIVER BASIN, NEW YORK.
(a) In General.--The Secretary, in cooperation with the Secretary of
Agriculture and the State of New York, shall conduct a study, develop a
strategy, and implement a project to reduce flood damages and create
wildlife habitat through wetlands restoration, soil and water
conservation practices, nonstructural measures, and other appropriate
means in the Upper Mohawk River Basin, at an estimated Federal cost of
$10,000,000.
(b) Implementation of Strategy.--The Secretary shall implement the
strategy under this section in cooperation with local landowners and
local government. Projects to implement the strategy shall be designed
to take advantage of ongoing or planned actions by other agencies, local
municipalities, or nonprofit, nongovernmental organizations with
expertise in wetlands restoration that would increase the effectiveness
or decrease the overall cost of implementing recommended projects and
may include the acquisition of wetlands, from willing sellers, that
contribute to the Upper Mohawk River basin ecosystem.
(c) Cooperation Agreements.--In carrying out activities under this
section, the Secretary shall enter into cooperation agreements to
provide financial assistance to appropriate Federal, State, and local
government agencies and appropriate nonprofit, nongovernmental
organizations with expertise in wetland restoration, with the consent of
the affected local government. Financial assistance provided may include
activities for the implementation of wetlands restoration projects and
soil and water conservation measures.
[[Page 114 STAT. 2660]]
(d) Non-Federal Share.--The non-Federal share of the cost of
activities carried out under this section shall be 35 percent and may be
provided through in-kind services and materials.
(e) Upper Mohawk River Basin Defined.--In this section, the term
``Upper Mohawk River basin'' means the Mohawk River, its tributaries,
and associated lands upstream of the confluence of the Mohawk River and
Canajoharie Creek, and including Canajoharie Creek, New York.
SEC. 533. <<NOTE: North Carolina. Ohio.>> FLOOD DAMAGE REDUCTION.
(a) In General.--In order to assist the States of North Carolina and
Ohio and local governments in mitigating damages resulting from a major
disaster, the Secretary shall carry out flood damage reduction projects
by protecting, clearing, and restoring channel dimensions (including
removing accumulated snags and other debris)--
(1) in eastern North Carolina, in--
(A) New River and tributaries;
(B) White Oak River and tributaries;
(C) Neuse River and tributaries; and
(D) Pamlico River and tributaries; and
(2) in Ohio, in--
(A) Symmes Creek;
(B) Duck Creek; and
(C) Brush Creek.
(b) Cost Share.--The non-Federal interest for a project under this
section shall--
(1) pay 35 percent of the cost of the project; and
(2) provide any lands, easements, rights-of-way,
relocations, and material disposal areas necessary for
implementation of the project.
(c) Conditions.--The Secretary may not reject a project based solely
on a minimum amount of stream runoff.
(d) Major Disaster Defined.--In this section, the term ``major
disaster'' means a major disaster declared under title IV of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170
et seq.) before the date of enactment of this Act.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $6,000,000 for fiscal years 2001
through 2003.
SEC. 534. CUYAHOGA RIVER, OHIO.
(a) In General.--The Secretary shall provide technical assistance to
non-Federal interests for an evaluation of the structural integrity of
the bulkhead system located along the Cuyahoga River in the vicinity of
Cleveland, Ohio, at a total cost of $500,000.
(b) Evaluation.--The evaluation described in subsection (a) shall
include design analysis, plans and specifications, and cost estimates
for repair or replacement of the bulkhead system.
SEC. 535. <<NOTE: Contracts.>> CROWDER POINT, CROWDER, OKLAHOMA.
At the request of the city of Crowder, Oklahoma, the Secretary shall
enter into a long-term lease, not to exceed 99 years, with the city
under which the city may develop, operate, and maintain as a public park
all or a portion of approximately 260 acres of land known as Crowder
Point on Lake Eufaula, Oklahoma. The lease shall include such terms and
conditions as the Secretary determines are necessary to protect the
interest of the United
[[Page 114 STAT. 2661]]
States and project purposes and shall be made without consideration to
the United States.
SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM
RESTORATION, OREGON AND WASHINGTON.
(a) In General.--The Secretary shall conduct studies and ecosystem
restoration projects for the lower Columbia River and Tillamook Bay
estuaries, Oregon and Washington.
(b) Use of Management Plans.--
(1) Lower columbia river estuary.--
(A) In general.--In carrying out ecosystem
restoration projects under this section, the Secretary
shall use as a guide the Lower Columbia River estuary
program's comprehensive conservation and management plan
developed under section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330).
(B) Consultation.--The Secretary shall carry out
ecosystem restoration projects under this section for
the lower Columbia River estuary in consultation with
the Governors of the States of Oregon and Washington and
the heads of appropriate Indian tribes, the
Environmental Protection Agency, the United States Fish
and Wildlife Service, the National Marine Fisheries
Service, and the Forest Service.
(2) Tillamook bay estuary.--
(A) In general.--In carrying out ecosystem
restoration projects under this section, the Secretary
shall use as a guide the Tillamook Bay national estuary
project's comprehensive conservation and management plan
developed under section 320 of the Federal Water
Pollution Control Act (33 U.S.C. 1330).
(B) Consultation.--The Secretary shall carry out
ecosystem restoration projects under this section for
the Tillamook Bay estuary in consultation with the
Governor of the State of Oregon and the heads of
appropriate Indian tribes, the Environmental Protection
Agency, the United States Fish and Wildlife Service, the
National Marine Fisheries Service, and the Forest
Service.
(c) Authorized Activities.--
(1) In general.--In carrying out ecosystem restoration
projects under this section, the Secretary shall undertake
activities necessary to protect, monitor, and restore fish and
wildlife habitat.
(2) Limitations.--The Secretary may not carry out any
activity under this section that adversely affects--
(A) the water-related needs of the lower Columbia
River estuary or the Tillamook Bay estuary, including
navigation, recreation, and water supply needs; or
(B) private property rights.
(d) Priority.--In determining the priority of projects to be carried
out under this section, the Secretary shall consult with the
Implementation Committee of the Lower Columbia River Estuary Program and
the Performance Partnership Council of the Tillamook Bay National
Estuary Project, and shall consider the recommendations of such
entities.
(e) Cost-Sharing Requirements.--
[[Page 114 STAT. 2662]]
(1) Studies.--Studies conducted under this section shall be
subject to cost sharing in accordance with section 105 of the
Water Resources Development Act of 1986 (33 U.S.C. 2215).
(2) Ecosystem restoration projects.--
(A) In general.--Non-Federal interests shall pay 35
percent of the cost of any ecosystem restoration project
carried out under this section.
(B) Items provided by non-federal interests.--Non-
Federal interests shall provide all land, easements,
rights-of-way, dredged material disposal areas, and
relocations necessary for ecosystem restoration projects
to be carried out under this section. The value of such
land, easements, rights-of-way, dredged material
disposal areas, and relocations shall be credited toward
the payment required under this paragraph.
(C) In-kind contributions.--Not more than 50 percent
of the non-Federal share required under this subsection
may be satisfied by the provision of in-kind services.
(3) Operation and maintenance.--Non-Federal interests shall
be responsible for all costs associated with operating,
maintaining, replacing, repairing, and rehabilitating all
projects carried out under this section.
(4) Federal lands.--Notwithstanding any other provision of
this subsection, the Federal share of the cost of a project
carried out under this section on Federal lands shall be 100
percent, including costs of operation and maintenance.
(f) Definitions.--In this section, the following definitions apply:
(1) Lower columbia river estuary.--The term ``lower Columbia
River estuary'' means those river reaches having navigation
channels on the mainstem of the Columbia River in Oregon and
Washington west of Bonneville Dam, and the tributaries of such
reaches to the extent such tributaries are tidally influenced.
(2) Tillamook bay estuary.--The term ``Tillamook Bay
estuary'' means those waters of Tillamook Bay in Oregon and its
tributaries that are tidally influenced.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $30,000,000.
SEC. 537. ACCESS IMPROVEMENTS, RAYSTOWN LAKE, PENNSYLVANIA.
The Commonwealth of Pennsylvania may transfer any unobligated funds
made available to the Commonwealth for item number 1278 of the table
contained in section 1602 of Public Law 105-178 (112 Stat. 305) to the
Secretary for access improvements at the Raystown Lake project,
Pennsylvania.
SEC. 538. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW
YORK.
Section 567 of the Water Resources Development Act of 1996 (110
Stat. 3787-3788) is amended--
(1) by striking subsection (a)(2) and inserting the
following:
``(2) The Susquehanna River watershed upstream of the
Chemung River, New York, at an estimated Federal cost of
$10,000,000.''; and
(2) by striking subsections (c) and (d) and inserting the
following:
``(c) Cooperation Agreements.--In conducting the study and
developing the strategy under this section, the Secretary shall enter
[[Page 114 STAT. 2663]]
into cooperation agreements to provide financial assistance to
appropriate Federal, State, and local government agencies and
appropriate nonprofit, nongovernmental organizations with expertise in
wetland restoration, with the consent of the affected local government.
Financial assistance provided may include activities for the
implementation of wetlands restoration projects and soil and water
conservation measures.
``(d) Implementation of Strategy.--The Secretary shall undertake
development and implementation of the strategy under this section in
cooperation with local landowners and local government officials.
Projects to implement the strategy shall be designed to take advantage
of ongoing or planned actions by other agencies, local municipalities,
or nonprofit, nongovernmental organizations with expertise in wetlands
restoration that would increase the effectiveness or decrease the
overall cost of implementing recommended projects and may include the
acquisition of wetlands, from willing sellers, that contribute to the
Upper Susquehanna River basin ecosystem.''.
SEC. 539. CHARLESTON HARBOR, SOUTH CAROLINA.
(a) Estuary Restoration.--
(1) Support plan.--
(A) In <<NOTE: Deadline.>> general.--Not later than
1 year after the date of enactment of this Act, the
Secretary shall develop a plan for activities of the
Corps of Engineers to support the restoration of the
ecosystem of the Charleston Harbor estuary, South
Carolina.
(B) Cooperation.--The Secretary shall develop the
plan in cooperation with--
(i) the State of South Carolina; and
(ii) other affected Federal and non-Federal
interests.
(2) Projects.--The Secretary shall plan, design, and
construct projects to support the restoration of the ecosystem
of the Charleston Harbor estuary.
(3) Evaluation program.--
(A) In general.--The Secretary shall develop a
program to evaluate the success of the projects carried
out under paragraph (2) in meeting ecosystem restoration
goals.
(B) Studies.--Evaluations under subparagraph (A)
shall be conducted in consultation with the appropriate
Federal, State, and local agencies.
(b) Cost Sharing.--
(1) Development of plan.--The Federal share of the cost of
development of the plan under subsection (a)(1) shall be 65
percent.
(2) Project planning, design, construction, and
evaluation.--The Federal share of the cost of planning, design,
construction, and evaluation of a project under paragraphs (2)
and (3) of subsection (a) shall be 65 percent.
(3) Non-federal share.--
(A) Credit for land, easements, and rights-of-way.--
The Secretary shall credit the non-Federal interest for
the value of any land, easement, right-of-way, dredged
material disposal area, or relocation provided for
carrying out a project under subsection (a)(2).
[[Page 114 STAT. 2664]]
(B) Form.--The non-Federal interest may provide up
to 50 percent of the non-Federal share in the form of
services, materials, supplies, or other in-kind
contributions.
(4) Operation and maintenance.--The operation, maintenance,
repair, rehabilitation, and replacement of projects carried out
under this section shall be a non-Federal responsibility.
(5) Non-federal interests.--Notwithstanding section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any
project carried out under this section, a non-Federal interest
may include a private interest and a nonprofit entity.
(c) Authorization of Appropriations.--
(1) Development of plan.--There is authorized to be
appropriated to carry out subsection (a)(1) $300,000.
(2) Other activities.--There is authorized to be
appropriated to carry out paragraphs (2) and (3) of subsection
(a) $5,000,000 for each of fiscal years 2001 through 2004.
SEC. 540. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND
SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT
RESTORATION.
(a) Terrestrial Wildlife Habitat Restoration.--Section 602 of the
Water Resources Development Act of 1999 (113 Stat. 385-388) is amended--
(1) in subsection (a)(4)(C)(i) by striking subclause (I) and
inserting the following:
``(I) fund, from funds made
available for operation and maintenance
under the Pick-Sloan Missouri River
Basin program and through grants to the
State of South Dakota, the Cheyenne
River Sioux Tribe, and the Lower Brule
Sioux Tribe--
``(aa) the terrestrial
wildlife habitat restoration
programs being carried out as of
August 17, 1999, on Oahe and Big
Bend project land at a level
that does not exceed the
greatest amount of funding that
was provided for the programs
during a previous fiscal year;
and
``(bb) the carrying out of
plans developed under this
section; and''; and
(2) in subsection (b)(4)(B) by striking ``section
604(d)(3)(A)(iii)'' and inserting ``section 604(d)(3)(A)''.
(b) South Dakota Terrestrial Wildlife Habitat Restoration Trust
Fund.--Section 603 of the Water Resources Development Act of 1999 (113
Stat. 388-389) is amended--
(1) in subsection (c)(2) by striking ``The'' and inserting
``In consultation with the State of South Dakota, the''; and
(2) in subsection (d)--
(A) in paragraph (2) by inserting ``Department of
Game, Fish and Parks of the'' before ``State of''; and
(B) in paragraph (3)(A)(ii)--
(i) in subclause (I) by striking
``transferred'' and inserting ``transferred or to
be transferred''; and
(ii) by striking subclause (II) and inserting
the following:
``(II) fund all costs associated
with the lease, ownership, management,
operation, administration, maintenance,
or development of recreation
[[Page 114 STAT. 2665]]
areas and other land that are
transferred or to be transferred to the
State of South Dakota by the
Secretary;''.
(c) Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe
Terrestrial Wildlife Habitat Restoration Trust Funds.--Section 604 of
the Water Resources Development Act of 1999 (113 Stat. 389-390) is
amended--
(1) in subsection (c)(2) by striking ``The'' and inserting
``In consultation with the Cheyenne River Sioux Tribe and Lower
Brule Sioux Tribe, the''; and
(2) in subsection (d)--
(A) in paragraph (2) by inserting ``as tribal
funds'' after ``for use''; and
(B) in paragraph (3)(A)(ii)--
(i) in subclause (I) by striking
``transferred'' and inserting ``transferred or to
be transferred''; and
(ii) by striking subclause (II) and inserting
the following:
``(II) fund all costs associated
with the lease, ownership, management,
operation, administration, maintenance,
or development of recreation areas and
other land that are transferred or to be
transferred to the respective affected
Indian Tribe by the Secretary;''.
(d) Transfer of Federal Land to State of South Dakota.--Section 605
of the Water Resources Development Act of 1999 (113 Stat. 390-393) is
amended--
(1) in subsection (a)(1)--
(A) in subparagraph (B) by striking ``in
perpetuity'' and inserting ``for the life of the Mni
Wiconi project'';
(B) by redesignating subparagraph (B) as
subparagraph (C); and
(C) by inserting after subparagraph (A) the
following:
``(B) Deadline for transfer of recreation areas.--
Under subparagraph (A), the Secretary shall transfer
recreation areas not later than January 1, 2002.'';
(2) in subsection (c)--
(A) by redesignating paragraph (1) as paragraph
(1)(A);
(B) by redesignating paragraphs (2) through (4) as
subparagraphs (B) through (D), respectively, of
paragraph (1);
(C) in paragraph (1)--
(i) in subparagraph (C) (as redesignated by
subparagraph (B) of this paragraph) by inserting
``and'' after the semicolon; and
(ii) in subparagraph (D) (as redesignated by
subparagraph (B) of this paragraph) by striking
``and'' and inserting ``or''; and
(D) by redesignating paragraph (5) as paragraph (2);
(3) in subsection (d) by striking paragraph (2) and
inserting the following:
``(2) Structures.--
``(A) In general.--The map shall identify all land
and structures to be retained as necessary for
continuation of the operation, maintenance, repair,
replacement, rehabilitation, and structural integrity of
the dams and related flood control and hydropower
structures.
[[Page 114 STAT. 2666]]
``(B) Lease of recreation areas.--
``(i) In general.--The Secretary shall lease
to the State of South Dakota in perpetuity all or
part of the following recreation areas, within the
boundaries determined under clause (ii), that are
adjacent to land received by the State of South
Dakota under this title:
``(I) Oahe dam and lake.--
``(aa) Downstream Recreation
Area.
``(bb) West Shore Recreation
Area.
``(cc) East Shore Recreation
Area.
``(dd) Tailrace Recreation
Area.
``(II) Fort randall dam and lake
francis case.--
``(aa) Randall Creek
Recreation Area.
``(bb) South Shore
Recreation Area.
``(cc) Spillway Recreation
Area.
``(III) Gavins point dam and lewis
and clark lake.--Pierson Ranch
Recreation Area.
``(ii) Lease boundaries.--The Secretary shall
determine the boundaries of the recreation areas
in consultation with the State of South Dakota.'';
(4) in subsection (f)(1) by striking ``Federal law'' and
inserting ``a Federal law specified in section 607(a)(6) or any
other Federal law'';
(5) in subsection (g) by striking paragraph (3) and
inserting the following:
``(3) Easements and access.--
``(A) In <<NOTE: Deadline.>> general.--Not later
than 180 days after a request by the State of South
Dakota, the Secretary shall provide to the State of
South Dakota 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).
``(B) No effect on mission.--The easements and
access referred to in subparagraph (A) shall not prevent
the Corps 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 (58
Stat. 887).'';
(6) in subsection (h) by striking ``of this Act'' and
inserting ``of law''; and
(7) by adding at the end the following:
``(j) Cleanup of Land and Recreation Areas.--
``(1) In <<NOTE: Deadline.>> general.--Not later than 10
years after the date of enactment of this subsection, the
Secretary shall clean up each open dump and hazardous waste site
identified by the Secretary and located on the land and
recreation areas described in subsections (b) and (c).
``(2) Funding.--Cleanup activities under paragraph (1) shall
be funded solely from funds made available for operation and
maintenance under the Pick-Sloan Missouri River Basin program.
``(k) Cultural Resources Advisory Commission.--
``(1) In general.--The State of South Dakota, the Cheyenne
River Sioux Tribe, and the Lower Brule Sioux Tribe
[[Page 114 STAT. 2667]]
may establish an advisory commission to be known as the
`Cultural Resources Advisory Commission' (referred to in this
subsection as the `Commission').
``(2) Membership.--The Commission shall be composed of--
``(A) 1 member representing the State of South
Dakota;
``(B) 1 member representing the Cheyenne River Sioux
Tribe;
``(C) 1 member representing the Lower Brule Sioux
Tribe; and
``(D) upon unanimous vote of the members of the
Commission described in subparagraphs (A) through (C), a
member representing a federally recognized Indian Tribe
located in the State of North Dakota or South Dakota
that is historically or traditionally affiliated with
the Missouri River basin in South Dakota.
``(3) Duty.--The duty of the Commission shall be to provide
advice on the identification, protection, and preservation of
cultural resources on the land and recreation areas described in
subsections (b) and (c) of this section and subsections (b) and
(c) of section 606.
``(4) Responsibilities, <<NOTE: Deadline.>> powers, and
administration.--The Governor of the State of South Dakota, the
Chairman of the Cheyenne River Sioux Tribe, and the Chairman of
the Lower Brule Sioux Tribe are encouraged to unanimously enter
into a formal written agreement, not later than 1 year after the
date of enactment of this subsection, to establish the role,
responsibilities, powers, and administration of the Commission.
``(l) Inventory and Stabilization of Cultural and Historic Sites.--
``(1) In <<NOTE: Deadline. Contracts.>> general.--Not later
than 10 years after the date of enactment of this subsection,
the Secretary, through contracts entered into with the State of
South Dakota, the affected Indian Tribes, and other Indian
Tribes in the States of North Dakota and South Dakota, shall
inventory and stabilize each cultural site and historic site
located on the land and recreation areas described in
subsections (b) and (c).
``(2) Funding.--Inventory and stabilization activities under
paragraph (1) shall be funded solely from funds made available
for operation and maintenance under the Pick-Sloan Missouri
River Basin program.''.
(e) Transfer of Corps of Engineers Land for Affected Indian
Tribes.--Section 606 of the Water Resources Development Act of 1999 (113
Stat. 393-395) is amended--
(1) in subsection (a)(1) by striking ``The Secretary'' and
inserting ``Not later than January 1, 2002, the Secretary'';
(2) in subsection (b)(1) by striking ``Big Bend and Oahe''
and inserting ``Oahe, Big Bend, and Fort Randall'';
(3) in subsection (d) by striking paragraph (2) and
inserting the following:
``(2) Structures.--
``(A) In general.--The map shall identify all land
and structures to be retained as necessary for
continuation of the operation, maintenance, repair,
replacement, rehabilitation, and structural integrity of
the dams and related flood control and hydropower
structures.
``(B) Lease of recreation areas.--
[[Page 114 STAT. 2668]]
``(i) In general.--The Secretary shall lease
to the Lower Brule Sioux Tribe in perpetuity all
or part of the following recreation areas at Big
Bend Dam and Lake Sharpe:
``(I) Left Tailrace Recreation Area.
``(II) Right Tailrace Recreation
Area.
``(III) Good Soldier Creek
Recreation Area.
``(ii) Lease boundaries.--The Secretary shall
determine the boundaries of the recreation areas
in consultation with the Lower Brule Sioux
Tribe.'';
(4) in subsection (f)--
(A) in paragraph (1) by striking ``Federal law'' and
inserting ``a Federal law specified in section 607(a)(6)
or any other Federal law'';
(B) in paragraph (2) by striking subparagraph (C)
and inserting the following:
``(C) Easements and access.--
``(i) In <<NOTE: Deadline.>> general.--Not
later than 180 days after a request by an affected
Indian Tribe, the Secretary shall provide to the
affected Indian Tribe easements and access on land
and water below the level of the exclusive flood
pool inside the Indian reservation of the affected
Indian Tribe for recreational and other purposes
(including for boat docks, boat ramps, and related
structures).
``(ii) No effect on mission.--The easements
and access referred to in clause (i) shall 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
(58 Stat. 887).''; and
(C) in paragraph (3)(B) by inserting before the
period at the end the following: ``that were
administered by the Corps of Engineers as of the date of
the land transfer.''; and
(5) by adding at the end the following:
``(h) Cleanup of Land and Recreation Areas.--
``(1) In <<NOTE: Deadline.>> general.--Not later than 10
years after the date of enactment of this subsection, the
Secretary shall clean up each open dump and hazardous waste site
identified by the Secretary and located on the land and
recreation areas described in subsections (b) and (c).
``(2) Funding.--Cleanup activities under paragraph (1) shall
be funded solely from funds made available for operation and
maintenance under the Pick-Sloan Missouri River Basin program.
``(i) Inventory and Stabilization of Cultural and Historic Sites.--
``(1) In <<NOTE: Deadline. Contracts.>> general.--Not later
than 10 years after the date of enactment of this subsection,
the Secretary, in consultation with the Cultural Resources
Advisory Commission established under section 605(k) and through
contracts entered into with the State of South Dakota, the
affected Indian Tribes, and other Indian Tribes in the States of
North Dakota and South Dakota, shall inventory and stabilize
each cultural site and
[[Page 114 STAT. 2669]]
historic site located on the land and recreation areas described
in subsections (b) and (c).
``(2) Funding.--Inventory and stabilization activities under
paragraph (1) shall be funded solely from funds made available
for operation and maintenance under the Pick-Sloan Missouri
River Basin program.
``(j) Sediment Contamination.--
``(1) In <<NOTE: Deadline.>> general.--Not later than 10
years after the date of enactment of this subsection, the
Secretary shall--
``(A) complete a study of sediment contamination in
the Cheyenne River; and
``(B) take appropriate remedial action to eliminate
any public health and environmental risk posed by the
contaminated sediment.
``(2) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
paragraph (1).''.
(f) Budget Considerations.--Section 607 of the Water Resources
Development Act of 1999 (113 Stat. 395-396) is amended by adding at the
end the following:
``(d) Budget Considerations.--
``(1) In general.--In developing an annual budget to carry
out this title, the Corps of Engineers shall consult with the
State of South Dakota and the affected Indian Tribes.
``(2) Inclusions; availability.--The budget referred to in
paragraph (1) shall--
``(A) be detailed;
``(B) include all necessary tasks and associated
costs; and
``(C) be made available to the State of South Dakota
and the affected Indian Tribes at the time at which the
Corps of Engineers submits the budget to Congress.''.
(g) Authorization of Appropriations.--Section 609 of the Water
Resources Development Act of 1999 (113 Stat. 396-397) is amended by
striking subsection (a) and inserting the following:
``(a) Secretary.--
``(1) In general.--There are authorized to be appropriated
to the Secretary for each fiscal year such sums as are
necessary--
``(A) to pay the administrative expenses incurred by
the Secretary in carrying out this title;
``(B) to fund the implementation of terrestrial
wildlife habitat restoration plans under section 602(a);
``(C) to fund activities described in sections
603(d)(3) and 604(d)(3) with respect to land and
recreation areas transferred or to be transferred to an
affected Indian Tribe or the State of South Dakota under
section 605 or 606; and
``(D) to fund the annual expenses (not to exceed the
Federal cost as of August 17, 1999) of operating
recreation areas transferred or to be transferred under
sections 605(c) and 606(c) to, or leased by, the State
of South Dakota or an affected Indian Tribe, until such
time as the trust funds under sections 603 and 604 are
fully capitalized.
``(2) Allocations.--
[[Page 114 STAT. 2670]]
``(A) In general.--For each fiscal year, the
Secretary shall allocate the amounts made available
under subparagraphs (B), (C), and (D) of paragraph (1)
as follows:
``(i) $1,000,000 (or, if a lesser amount is so
made available for the fiscal year, the lesser
amount) shall be allocated equally among the State
of South Dakota, the Cheyenne River Sioux Tribe,
and the Lower Brule Sioux Tribe, for use in
accordance with paragraph (1).
``(ii) Any amounts remaining after the
allocation under clause (i) shall be allocated as
follows:
``(I) 65 percent to the State of
South Dakota.
``(II) 26 percent to the Cheyenne
River Sioux Tribe.
``(III) 9 percent to the Lower Brule
Sioux Tribe.
``(B) Use of allocations.--Amounts allocated under
subparagraph (A) may be used at the option of the
recipient for any purpose described in subparagraph (B),
(C), or (D) of paragraph (1).''.
(h) Clarification of References to Indian Tribes.--
(1) Definitions.--Section 601 of the Water Resources
Development Act of 1999 (113 Stat. 385) is amended by striking
paragraph (1) and inserting the following:
``(1) Affected indian tribe.--The term `affected Indian
Tribe' means each of the Cheyenne River Sioux Tribe and the
Lower Brule Sioux Tribe.''.
(2) Terrestrial wildlife habitat restoration.--Section
602(b)(4)(B) of the Water Resources Development Act of 1999 (113
Stat. 388) is amended by striking ``the Tribe'' and inserting
``the affected Indian Tribe''.
(3) Cheyenne river sioux tribe and lower brule sioux tribe
terrestrial wildlife habitat restoration trust funds.--Section
604(d)(3)(A) of the Water Resources Development Act of 1999 (113
Stat. 390) is amended by striking ``the respective Tribe'' each
place it appears and inserting ``the respective affected Indian
Tribe''.
(4) Transfer of federal land to state of south dakota.--
Section 605 of the Water Resources Development Act of 1999 (113
Stat. 390-393) is amended--
(A) in subsection (b)(3) by striking ``an Indian
Tribe'' and inserting ``any Indian Tribe''; and
(B) in subsection (c)(1)(B) (as redesignated by
subsection (d)(2)(B) of this section) by striking ``an
Indian Tribe'' and inserting ``any Indian Tribe''.
(5) Transfer of corps of engineers land for affected indian
tribes.--Section 606 of the Water Resources Development Act of
1999 (113 Stat. 393-395) is amended--
(A) in the section heading by striking ``indian
tribes'' and inserting ``affected indian tribes'';
(B) in paragraphs (1) and (4) of subsection (a) by
striking ``the Indian Tribes'' each place it appears and
inserting ``the affected Indian Tribes'';
(C) in subsection (c)(2) by striking ``an Indian
Tribe'' and inserting ``any Indian Tribe'';
(D) in subsection (f)(2)(B)(i)--
(i) by striking ``the respective tribes'' and
inserting ``the respective affected Indian
Tribes''; and
[[Page 114 STAT. 2671]]
(ii) by striking ``the respective Tribe's''
and inserting ``the respective affected Indian
Tribe's''; and
(E) in subsection (g) by striking ``an Indian
Tribe'' and inserting ``any Indian Tribe''.
(6) Administration.--Section 607(a) of the Water Resources
Development Act of 1999 (113 Stat. 395) is amended by striking
``an Indian Tribe'' each place it appears and inserting ``any
Indian Tribe''.
SEC. 541. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND
MISSISSIPPI.
The <<NOTE: Reports.>> Secretary shall prepare a limited
reevaluation report of the project for flood control, Horn Lake Creek
and Tributaries, Tennessee and Mississippi, authorized by section 401(a)
of the Water Resources Development Act of 1986 (100 Stat. 4124), to
determine the feasibility of modifying the project to provide urban
flood protection along Horn Lake Creek and, if the Secretary determines
that the modification is technically sound, environmentally acceptable,
and economically justified, carry out the project as modified in
accordance with the report.
SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.
(a) Definitions.--In this section, the following definitions apply:
(1) Critical restoration project.--The term ``critical
restoration project'' means a project that will produce,
consistent with Federal programs, projects, and activities,
immediate and substantial ecosystem restoration, preservation,
and protection benefits.
(2) Lake champlain watershed.--The term ``Lake Champlain
watershed'' means--
(A) the land areas within Addison, Bennington,
Caledonia, Chittenden, Franklin, Grand Isle, Lamoille,
Orange, Orleans, Rutland, and Washington Counties in the
State of Vermont; and
(B)(i) the land areas that drain into Lake Champlain
and that are located within Essex, Clinton, Franklin,
Warren, and Washington Counties in the State of New
York; and
(ii) the near-shore areas of Lake Champlain within
the counties referred to in clause (i).
(b) Critical Restoration Projects.--
(1) In general.--The Secretary may participate in critical
restoration projects in the Lake Champlain watershed.
(2) Types of projects.--A critical restoration project shall
be eligible for assistance under this section if the critical
restoration project consists of--
(A) implementation of an intergovernmental agreement
for coordinating regulatory and management
responsibilities with respect to the Lake Champlain
watershed;
(B) acceleration of whole farm planning to implement
best management practices to maintain or enhance water
quality and to promote agricultural land use in the Lake
Champlain watershed;
(C) acceleration of whole community planning to
promote intergovernmental cooperation in the regulation
and management of activities consistent with the goal of
[[Page 114 STAT. 2672]]
maintaining or enhancing water quality in the Lake
Champlain watershed;
(D) natural resource stewardship activities on
public or private land to promote land uses that--
(i) preserve and enhance the economic and
social character of the communities in the Lake
Champlain watershed; and
(ii) protect and enhance water quality; or
(E) any other activity determined by the Secretary
to be appropriate.
(c) Public Ownership Requirement.--The Secretary may provide
assistance for a critical restoration project under this section only
if--
(1) the critical restoration project is publicly owned; or
(2) the non-Federal interest with respect to the critical
restoration project demonstrates that the critical restoration
project will provide a substantial public benefit in the form of
water quality improvement.
(d) Project Selection.--
(1) In general.--In consultation with the Lake Champlain
Basin Program and the heads of other appropriate Federal, State,
tribal, and local agencies, the Secretary may--
(A) identify critical restoration projects in the
Lake Champlain watershed; and
(B) carry out the critical restoration projects
after entering into an agreement with an appropriate
non-Federal interest in accordance with section 221 of
the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and
this section.
(2) Certification.--
(A) In general.--A critical restoration project
shall be eligible for financial assistance under this
section only if the appropriate State official for the
critical restoration project certifies to the Secretary
that the critical restoration project will contribute to
the protection and enhancement of the quality or
quantity of the water resources of the Lake Champlain
watershed.
(B) Special consideration.--In certifying critical
restoration projects to the Secretary, the appropriate
State officials shall give special consideration to
projects that implement plans, agreements, and measures
that preserve and enhance the economic and social
character of the communities in the Lake Champlain
watershed.
(e) Cost Sharing.--
(1) In <<NOTE: Contracts.>> general.--Before providing
assistance under this section with respect to a critical
restoration project, the Secretary shall enter into a project
cooperation agreement that shall require the non-Federal
interest--
(A) to pay 35 percent of the total costs of the
project;
(B) to provide any land, easements, rights-of-way,
dredged material disposal areas, and relocations
necessary to carry out the project;
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the project; and
(D) to hold the United States harmless from any
claim or damage that may arise from carrying out the
project,
[[Page 114 STAT. 2673]]
except any claim or damage that may arise from the
negligence of the Federal Government or a contractor of
the Federal Government.
(2) Non-federal share.--
(A) Credit for design work.--The non-Federal
interest shall receive credit for the reasonable costs
of design work carried out by the non-Federal interest
before the date of execution of a project cooperation
agreement for the critical restoration project, if the
Secretary finds that the design work is integral to the
project.
(B) Credit for land, easements, and rights-of-way.--
The Secretary shall credit the non-Federal interest for
the value of any land, easement, right-of-way, dredged
material disposal area, or relocation provided for
carrying out the project.
(C) Form.--The non-Federal interest may provide up
to 50 percent of the non-Federal share in the form of
services, materials, supplies, or other in-kind
contributions.
(f) Applicability of Other Federal and State Laws.--Nothing in this
section waives, limits, or otherwise affects the applicability of
Federal or State law with respect to a project carried out with
assistance provided under this section.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $20,000,000, to remain available
until expended.
SEC. 543. VERMONT DAMS REMEDIATION.
(a) In General.--The Secretary--
(1) shall conduct a study to evaluate the structural
integrity and need for modification or removal of each dam
located in the State of Vermont and described in subsection (b);
(2) shall provide to the non-Federal interest design
analysis, plans and specifications, and cost estimates for
repair, restoration, modification, and removal of each dam
described in subsection (b); and
(3) may carry out measures to prevent or mitigate against
such risk if the Secretary determines that a dam described in
subsection (b) presents an imminent and substantial risk to
public safety.
(b) Dams To Be Evaluated.--The dams referred to in subsection (a)
are the following:
(1) East Barre Dam, Barre Town.
(2) Wrightsville Dam, Middlesex-Montpelier.
(3) Lake Sadawga Dam, Whitingham.
(4) Dufresne Pond Dam, Manchester.
(5) Knapp Brook Site 1 Dam, Cavendish.
(6) Lake Bomoseen Dam, Castleton.
(7) Little Hosmer Dam, Craftsbury.
(8) Colby Pond Dam, Plymouth.
(9) Silver Lake Dam, Barnard.
(10) Gale Meadows Dam, Londonderry.
(c) Cost Sharing.--The non-Federal share of the cost of activities
under subsection (a) shall be 35 percent.
(d) Coordination.--In carrying out this section, the Secretary shall
coordinate with the appropriate State dam safety officials and the
Director of the Federal Emergency Management Agency.
[[Page 114 STAT. 2674]]
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $5,000,000.
SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON.
(a) Definition of Critical Restoration Project.--In this section,
the term ``critical restoration project'' means a project that will
produce, consistent with Federal programs, projects, and activities,
immediate and substantial ecosystem restoration, preservation, and
protection benefits.
(b) Critical Restoration Projects.--The Secretary may participate in
critical restoration projects in the area of Puget Sound, Washington,
and adjacent waters, including--
(1) the watersheds that drain directly into Puget Sound;
(2) Admiralty Inlet;
(3) Hood Canal;
(4) Rosario Strait; and
(5) the Strait of Juan de Fuca to Cape Flattery.
(c) Project Selection.--
(1) In general.--The Secretary may identify critical
restoration projects in the area described in subsection (b)
based on--
(A) studies to determine the feasibility of carrying
out the critical restoration projects; and
(B) analyses conducted before the date of enactment
of this Act by non-Federal interests.
(2) Criteria and procedures for review and approval.--
(A) In general.--In consultation with the Secretary
of Commerce, the Secretary of the Interior, the Governor
of the State of Washington, tribal governments, and the
heads of other appropriate Federal, State, and local
agencies, the Secretary may develop criteria and
procedures for prioritizing projects identified under
paragraph (1).
(B) Consistency with fish restoration goals.--The
criteria and procedures developed under subparagraph (A)
shall be consistent with fish restoration goals of the
National Marine Fisheries Service and the State of
Washington.
(C) Use of existing studies and plans.--In carrying
out subparagraph (A), the Secretary shall use, to the
maximum extent practicable, studies and plans in
existence on the date of enactment of this Act to
identify project needs and priorities.
(3) Local participation.--In prioritizing projects for
implementation under this section, the Secretary shall consult
with, and consider the priorities of, public and private
entities that are active in watershed planning and ecosystem
restoration in Puget Sound watersheds, including--
(A) the Salmon Recovery Funding Board;
(B) the Northwest Straits Commission;
(C) the Hood Canal Coordinating Council;
(D) county watershed planning councils; and
(E) salmon enhancement groups.
(d) Implementation.--The <<NOTE: Contracts.>> Secretary may carry
out projects identified under subsection (c) after entering into an
agreement with an appropriate non-Federal interest in accordance with
section
[[Page 114 STAT. 2675]]
221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this
section.
(e) Cost Sharing.--
(1) In <<NOTE: Contracts.>> general.--Before carrying out
any project under this section, the Secretary shall enter into a
binding agreement with the non-Federal interest that shall
require the non-Federal interest--
(A) to pay 35 percent of the total costs of the
project;
(B) to provide any land, easements, rights-of-way,
dredged material disposal areas and relocations
necessary to carry out the project;
(C) to pay 100 percent of the operation,
maintenance, repair, replacement, and rehabilitation
costs associated with the project; and
(D) to hold the United States harmless from any
claim or damage that may arise from carrying out the
project, except any claim or damage that may arise from
the negligence of the Federal Government or a contractor
of the Federal Government.
(2) Credit.--
(A) In general.--The Secretary shall credit the non-
Federal interest for the value of any land, easement,
right-of-way, dredged material disposal area, or
relocation provided for carrying out the project.
(B) Form.--The non-Federal interest may provide up
to 50 percent of the non-Federal share in the form of
services, materials, supplies, or other in-kind
contributions.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $40,000,000, of which not more
than $5,000,000 may be used to carry out any 1 critical restoration
project.
SEC. 545. WILLAPA BAY, WASHINGTON.
(a) Study.--The Secretary shall conduct a study to determine the
feasibility of providing coastal erosion protection for the tribal
reservation of the Shoalwater Bay Tribe on Willapa Bay, Washington.
(b) Project.--
(1) In general.--Notwithstanding any other provision of law
(including any requirement for economic justification), the
Secretary may construct and maintain a project to provide
coastal erosion protection for the tribal reservation of the
Shoalwater Bay Tribe on Willapa Bay, Washington, at Federal
expense, if the Secretary determines that the project--
(A) is a cost-effective means of providing erosion
protection;
(B) is environmentally acceptable and technically
feasible; and
(C) will improve the economic and social conditions
of the Shoalwater Bay Tribe.
(2) Land, easements, and rights-of-way.--As a condition of
the project described in paragraph (1), the Shoalwater Bay Tribe
shall provide lands, easements, rights-of-way, and dredged
material disposal areas necessary for implementation of the
project.
[[Page 114 STAT. 2676]]
SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASHINGTON.
(a) In General.--The city of Aberdeen, Washington, may transfer all
rights, title, and interests of the city in the land transferred to the
city under section 203 of the Water Resources Development Act of 1990
(104 Stat. 4632) to the city of Tacoma, Washington.
(b) Conditions.--The transfer under this section shall be subject to
the conditions set forth in section 203(b) of the Water Resources
Development Act of 1990 (104 Stat. 4632); except that the condition set
forth in paragraph (1) of such section shall apply to the city of Tacoma
only for so long as the city of Tacoma has a valid license with the
Federal Energy Regulatory Commission relating to operation of the
Wynoochee Dam, Washington.
(c) Limitation.--The transfer under subsection (a) may be made only
after the Secretary determines that the city of Tacoma will be able to
operate, maintain, repair, replace, and rehabilitate the project for
Wynoochee Lake, Wynoochee River, Washington, authorized by section 203
of the Flood Control Act of 1962 (76 Stat. 1193), in accordance with
such regulations as the Secretary may issue to ensure that such
operation, maintenance, repair, replacement, and rehabilitation is
consistent with project purposes.
(d) Water Supply Contract.--The water supply contract designated as
DACWD 67-68-C-0024 shall be null and void if the Secretary exercises the
reversionary right set forth in section 203(b)(3) of the Water Resources
Development Act of 1990 (104 Stat. 4632).
SEC. 547. BLUESTONE, WEST VIRGINIA.
(a) In General.--The project for flood control, Bluestone Lake, Ohio
River basin, West Virginia, authorized by section 4 of the Flood Control
Act of June 28, 1938 (52 Stat. 1217), is modified to authorize
construction of hydroelectric generating facilities at the project by
the Tri-Cities Power Authority of West Virginia under the terms and
conditions of the agreement referred to in subsection (b).
(b) Agreement.--
(1) Agreement terms.--The Secretary and the Secretary of
Energy, acting through the Southeastern Power Administration,
shall enter into a binding agreement with the Tri-Cities Power
Authority that contains mutually acceptable terms and conditions
and under which the Tri-Cities Power Authority agrees to each of
the following:
(A) <<NOTE: Deadline.>> To design and construct the
generating facilities referred to in subsection (a)
within 4 years after the date of such agreement.
(B) To reimburse the Secretary for--
(i) the cost of approving such design and
inspecting such construction;
(ii) the cost of providing any assistance
authorized under subsection (c)(2); and
(iii) the redistributed costs associated with
the original construction of the dam and dam
safety if all parties agree with the method of the
development of the chargeable amounts associated
with hydropower at the facility.
(C) To release and indemnify the United States from
any claims, causes of action, or liabilities that may
arise from such design and construction of the
facilities referred
[[Page 114 STAT. 2677]]
to in subsection (a), including any liability that may
arise out of the removal of the facility if directed by
the Secretary.
(2) Additional terms.--The agreement shall also specify each
of the following:
(A) The procedures and requirements for approval and
acceptance of design, construction, and operation and
maintenance of the facilities referred to in subsection
(a).
(B) The rights, responsibilities, and liabilities of
each party to the agreement.
(C) The amount of the payments under subsection (f)
and the procedures under which such payments are to be
made.
(c) Other Requirements.--
(1) Prohibition.--No Federal funds may be expended for the
design, construction, and operation and maintenance of the
facilities referred to in subsection (a) prior to the date on
which such facilities are accepted by the Secretary under
subsection (d).
(2) Reimbursement.--Notwithstanding any other provision of
law, if requested by the Tri-Cities Power Authority, the
Secretary may provide, on a reimbursable basis, assistance in
connection with the design and construction of the generating
facilities referred to in subsection (a).
(d) Completion of Construction.--
(1) Transfer of facilities.--Notwithstanding any other
provision of law, upon completion of the construction of the
facilities referred to in subsection (a) and final approval of
such facilities by the Secretary, the Tri-Cities Power Authority
shall transfer without consideration title to such facilities to
the United States, and the Secretary shall--
(A) accept the transfer of title to such facilities
on behalf of the United States; and
(B) operate and maintain the facilities.
(2) Certification.--The Secretary may accept title to the
facilities pursuant to paragraph (1) only after certifying that
the quality of the construction meets all standards established
for similar facilities constructed by the Secretary.
(3) Authorized project purposes.--The operation and
maintenance of the facilities shall be conducted in a manner
that is consistent with other authorized project purposes of the
Bluestone Lake facility.
(e) Excess Power.--Pursuant to any agreement under subsection (b),
the Southeastern Power Administration shall market the excess power
produced by the facilities referred to in subsection (a) in accordance
with section 5 of the Rivers and Harbors Act of December 22, 1944 (16
U.S.C. 825s; 58 Stat. 890).
(f) Payments.--Notwithstanding any other provision of law, the
Secretary of Energy, acting through the Southeastern Power
Administration, may pay, in accordance with the terms of the agreement
entered into under subsection (b), out of the revenues from the sale of
power produced by the generating facility of the interconnected systems
of reservoirs operated by the Secretary and marketed by the Southeastern
Power Administration--
(1) to the Tri-Cities Power Authority all reasonable costs
incurred by the Tri-Cities Power Authority in the design and
construction of the facilities referred to in subsection (a),
[[Page 114 STAT. 2678]]
including the capital investment in such facilities and a
reasonable rate of return on such capital investment; and
(2) to the Secretary, in accordance with the terms of the
agreement entered into under subsection (b) out of the revenues
from the sale of power produced by the generating facility of
the interconnected systems of reservoirs operated by the
Secretary and marketed by the Southeastern Power Administration,
all reasonable costs incurred by the Secretary in the operation
and maintenance of facilities referred to in subsection (a).
(g) Authority of Secretary of Energy.--Notwithstanding any other
provision of law, the Secretary of Energy, acting through the
Southeastern Power Administration, is authorized--
(1) to construct such transmission facilities as necessary
to market the power produced at the facilities referred to in
subsection (a) with funds contributed by the Tri-Cities Power
Authority; and
(2) to repay those funds, including interest and any
administrative expenses, directly from the revenues from the
sale of power produced by such facilities of the interconnected
systems of reservoirs operated by the Secretary and marketed by
the Southeastern Power Administration.
(h) Savings Clause.--Nothing in this section affects any requirement
under Federal or State environmental law relating to the licensing or
operation of the facilities referred to in subsection (a).
SEC. 548. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.
Section 30 of the Water Resources Development Act of 1988 (102 Stat.
4030) is amended by adding at the end the following:
``(d) Historic Structure.--The Secretary shall ensure the
preservation and restoration of the structure known as the `Jenkins
House' located within the Lesage/Greenbottom Swamp in accordance with
standards for sites listed on the National Register of Historic
Places.''.
SEC. 549. TUG FORK RIVER, WEST VIRGINIA.
(a) In General.--The Secretary may provide planning and design
assistance to non-Federal interests for projects located along the Tug
Fork River in West Virginia and identified by the master plan developed
pursuant to section 114(t) of the Water Resources Development Act of
1992 (106 Stat. 4820).
(b) Priorities.--In providing assistance under this section, the
Secretary shall give priority to the primary development demonstration
sites in West Virginia identified by the master plan referred to in
subsection (a).
(c) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 550. SOUTHERN WEST VIRGINIA.
Section 340(a) of the Water Resources Development Act of 1992 (106
Stat. 4856) is amended in the second sentence by inserting
``environmental restoration,'' after ``distribution facilities,''.
SEC. 551. SURFSIDE/SUNSET AND NEWPORT BEACH, CALIFORNIA.
The Secretary shall treat the Surfside/Sunset Newport Beach element
of the project for beach erosion, Orange County, California,
[[Page 114 STAT. 2679]]
authorized by section 101 of the River and Harbor Act of 1962 (76 Stat.
1177), as continuing construction.
SEC. 552. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.
Section 503(d) of the Water Resources Development Act of 1996 (110
Stat. 3756-3757; 113 Stat. 288) is amended by adding at the end the
following:
``(28) Tomales Bay watershed, California.
``(29) Kaskaskia River watershed, Illinois.
``(30) Sangamon River watershed, Illinois.
``(31) Upper Charles River watershed, Massachusetts.
``(32) Lackawanna River watershed, Pennsylvania.
``(33) Brazos River watershed, Texas.''.
SEC. 553. MAINTENANCE OF NAVIGATION CHANNELS.
Section 509(a) of the Water Resources Development Act of 1996 (110
Stat. 3759; 113 Stat. 339) is amended by adding at the end the
following:
``(16) Cameron Loop, Louisiana, as part of the Calcasieu
River and Pass Ship Channel.
``(17) Morehead City Harbor, North Carolina.''.
SEC. 554. <<NOTE: 33 USC 892a note.>> HYDROGRAPHIC SURVEY.
The <<NOTE: Contracts.>> Secretary shall enter into an agreement
with the Administrator of the National Oceanic and Atmospheric
Administration--
(1) <<NOTE: Deadline.>> to require the Secretary, not later
than 60 days after the Corps of Engineers completes a project
involving dredging of a channel, to provide data to the
Administration in a standard digital format on the results of a
hydrographic survey of the channel conducted by the Corps of
Engineers; and
(2) to require the Administrator to provide the final charts
with respect to the project to the Secretary in digital format,
at no charge, for the purpose of enhancing the mission of the
Corps of Engineers of maintaining Federal navigation projects.
SEC. 555. COLUMBIA RIVER TREATY FISHING ACCESS.
Section 401(d) of the Act entitled ``An Act to establish procedures
for review of tribal constitutions and bylaws or amendments thereto
pursuant to the Act of June 18, 1934 (48 Stat. 987)'', approved November
1, 1988 (102 Stat. 2944), is amended by striking ``$2,000,000'' and
inserting ``$4,000,000''.
SEC. 556. RELEASE OF USE RESTRICTION.
(a) Release.--Notwithstanding any other provision of law, the
Tennessee Valley Authority shall grant a release or releases, without
monetary consideration, from the restrictive covenant that requires that
property described in subsection (b) shall at all times be used solely
for the purpose of erecting docks and buildings for shipbuilding
purposes or for the manufacture or storage of products for the purpose
of trading or shipping in transportation.
(b) Description <<NOTE: Applicability. Alabama.>> of Property.--This
section shall apply only to those lands situated in the city of Decatur,
Morgan County, Alabama, and described in an indenture conveying such
lands to the Ingalls Shipbuilding Corporation dated July 29, 1954, and
recorded in deed book 535 at page 6 in the office of the Probate
[[Page 114 STAT. 2680]]
Judge of Morgan County, Alabama, which are owned or may be acquired by
the Alabama Farmers Cooperative, Inc.
TITLE <<NOTE: Florida.>> VI--COMPREHENSIVE EVERGLADES RESTORATION
SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.
(a) Definitions.--In this section, the following definitions apply:
(1) Central and southern florida project.--
(A) In general.--The term ``Central and Southern
Florida Project'' means the project for Central and
Southern Florida authorized under the heading ``central
and southern florida'' in section 203 of the Flood
Control Act of 1948 (62 Stat. 1176).
(B) Inclusion.--The term ``Central and Southern
Florida Project'' includes any modification to the
project authorized by this section or any other
provision of law.
(2) Governor.--The term ``Governor'' means the Governor of
the State of Florida.
(3) Natural system.--
(A) In general.--The term ``natural system'' means
all land and water managed by the Federal Government or
the State within the South Florida ecosystem.
(B) Inclusions.--The term ``natural system''
includes--
(i) water conservation areas;
(ii) sovereign submerged land;
(iii) Everglades National Park;
(iv) Biscayne National Park;
(v) Big Cypress National Preserve;
(vi) other Federal or State (including a
political subdivision of a State) land that is
designated and managed for conservation purposes;
and
(vii) any tribal land that is designated and
managed for conservation purposes, as approved by
the tribe.
(4) Plan.--The term ``Plan'' means the Comprehensive
Everglades Restoration Plan contained in the ``Final Integrated
Feasibility Report and Programmatic Environmental Impact
Statement'', dated April 1, 1999, as modified by this section.
(5) South florida ecosystem.--
(A) In general.--The term ``South Florida
ecosystem'' means the area consisting of the land and
water within the boundary of the South Florida Water
Management District in effect on July 1, 1999.
(B) Inclusions.--The term ``South Florida
ecosystem'' includes--
(i) the Everglades;
(ii) the Florida Keys; and
(iii) the contiguous near-shore coastal water
of South Florida.
(6) State.--The term ``State'' means the State of Florida.
(b) Comprehensive Everglades Restoration Plan.--
(1) Approval.--
[[Page 114 STAT. 2681]]
(A) In general.--Except as modified by this section,
the Plan is approved as a framework for modifications
and operational changes to the Central and Southern
Florida Project that are needed to restore, preserve,
and protect the South Florida ecosystem while providing
for other water-related needs of the region, including
water supply and flood protection. The Plan shall be
implemented to ensure the protection of water quality
in, the reduction of the loss of fresh water from, and
the improvement of the environment of the South Florida
ecosystem and to achieve and maintain the benefits to
the natural system and human environment described in
the Plan, and required pursuant to this section, for as
long as the project is authorized.
(B) Integration.--In carrying out the Plan, the
Secretary shall integrate the activities described in
subparagraph (A) with ongoing Federal and State projects
and activities in accordance with section 528(c) of the
Water Resources Development Act of 1996 (110 Stat.
3769). Unless specifically provided herein, nothing in
this section shall be construed to modify any existing
cost share or responsibility for projects as listed in
subsection (c) or (e) of section 528 of the Water
Resources Development Act of 1996 (110 Stat. 3769).
(2) Specific authorizations.--
(A) In general.--
(i) Projects.--The Secretary shall carry out
the projects included in the Plan in accordance
with subparagraphs (B), (C), (D), and (E).
(ii) Considerations.--In carrying out
activities described in the Plan, the Secretary
shall--
(I) take into account the protection
of water quality by considering
applicable State water quality
standards; and
(II) include such features as the
Secretary determines are necessary to
ensure that all ground water and surface
water discharges from any project
feature authorized by this subsection
will meet all applicable water quality
standards and applicable water quality
permitting requirements.
(iii) Review and comment.--In developing the
projects authorized under subparagraph (B), the
Secretary shall provide for public review and
comment in accordance with applicable Federal law.
(B) Pilot projects.--The following pilot projects
are authorized for implementation, after review and
approval by the Secretary, at a total cost of
$69,000,000, with an estimated Federal cost of
$34,500,000 and an estimated non-Federal cost of
$34,500,000:
(i) Caloosahatchee River (C-43) Basin ASR, at
a total cost of $6,000,000, with an estimated
Federal cost of $3,000,000 and an estimated non-
Federal cost of $3,000,000.
(ii) Lake Belt In-Ground Reservoir Technology,
at a total cost of $23,000,000, with an estimated
Federal cost of $11,500,000 and an estimated non-
Federal cost of $11,500,000.
[[Page 114 STAT. 2682]]
(iii) L-31N Seepage Management, at a total
cost of $10,000,000, with an estimated Federal
cost of $5,000,000 and an estimated non-Federal
cost of $5,000,000.
(iv) Wastewater Reuse Technology, at a total
cost of $30,000,000, with an estimated Federal
cost of $15,000,000 and an estimated non-Federal
cost of $15,000,000.
(C) Initial projects.--The following projects are
authorized for implementation, after review and approval
by the Secretary, subject to the conditions stated in
subparagraph (D), at a total cost of $1,100,918,000,
with an estimated Federal cost of $550,459,000 and an
estimated non-Federal cost of $550,459,000:
(i) C-44 Basin Storage Reservoir, at a total
cost of $112,562,000, with an estimated Federal
cost of $56,281,000 and an estimated non-Federal
cost of $56,281,000.
(ii) Everglades Agricultural Area Storage
Reservoirs--Phase I, at a total cost of
$233,408,000, with an estimated Federal cost of
$116,704,000 and an estimated non-Federal cost of
$116,704,000.
(iii) Site 1 Impoundment, at a total cost of
$38,535,000, with an estimated Federal cost of
$19,267,500 and an estimated non-Federal cost of
$19,267,500.
(iv) Water Conservation Areas 3A/3B Levee
Seepage Management, at a total cost of
$100,335,000, with an estimated Federal cost of
$50,167,500 and an estimated non-Federal cost of
$50,167,500.
(v) C-11 Impoundment and Stormwater Treatment
Area, at a total cost of $124,837,000, with an
estimated Federal cost of $62,418,500 and an
estimated non-Federal cost of $62,418,500.
(vi) C-9 Impoundment and Stormwater Treatment
Area, at a total cost of $89,146,000, with an
estimated Federal cost of $44,573,000 and an
estimated non-Federal cost of $44,573,000.
(vii) Taylor Creek/Nubbin Slough Storage and
Treatment Area, at a total cost of $104,027,000,
with an estimated Federal cost of $52,013,500 and
an estimated non-Federal cost of $52,013,500.
(viii) Raise and Bridge East Portion of
Tamiami Trail and Fill Miami Canal within Water
Conservation Area 3, at a total cost of
$26,946,000, with an estimated Federal cost of
$13,473,000 and an estimated non-Federal cost of
$13,473,000.
(ix) North New River Improvements, at a total
cost of $77,087,000, with an estimated Federal
cost of $38,543,500 and an estimated non-Federal
cost of $38,543,500.
(x) C-111 Spreader Canal, at a total cost of
$94,035,000, with an estimated Federal cost of
$47,017,500 and an estimated non-Federal cost of
$47,017,500.
[[Page 114 STAT. 2683]]
(xi) Adaptive Assessment and Monitoring
Program, at a total cost of $100,000,000, with an
estimated Federal cost of $50,000,000 and an
estimated non-Federal cost of $50,000,000.
(D) Conditions.--
(i) Project implementation reports.--Before
implementation of a project described in any of
clauses (i) through (x) of subparagraph (C), the
Secretary shall review and approve for the project
a project implementation report prepared in
accordance with subsections (f) and (h).
(ii) Submission of report.--The Secretary
shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives
and the Committee on Environment and Public Works
of the Senate the project implementation report
required by subsections (f) and (h) for each
project under this paragraph (including all
relevant data and information on all costs).
(iii) Funding contingent on approval.--No
appropriation shall be made to construct any
project under this paragraph if the project
implementation report for the project has not been
approved by resolutions adopted by the Committee
on Transportation and Infrastructure of the House
of Representatives and the Committee on
Environment and Public Works of the Senate.
(iv) Modified water delivery.--No
appropriation shall be made to construct the Water
Conservation Area 3 Decompartmentalization and
Sheetflow Enhancement Project (including component
AA, Additional S-345 Structures; component QQ
Phase 1, Raise and Bridge East Portion of Tamiami
Trail and Fill Miami Canal within WCA 3; component
QQ Phase 2, WCA 3 Decompartmentalization and
Sheetflow Enhancement; and component SS, North New
River Improvements) or the Central Lakebelt
Storage Project (including components S and EEE,
Central Lake Belt Storage Area) until the
completion of the project to improve water
deliveries to Everglades National Park authorized
by section 104 of the Everglades National Park
Protection and Expansion Act of 1989 (16 U.S.C.
410r-8).
(E) Maximum <<NOTE: Applicability.>> cost of
projects.--Section 902 of the Water Resources
Development Act of 1986 (33 U.S.C. 2280) shall apply to
each project feature authorized under this subsection.
(c) Additional Program Authority.--
(1) In general.--To expedite implementation of the Plan, the
Secretary may implement modifications to the Central and
Southern Florida Project that--
(A) are described in the Plan; and
(B) will produce a substantial benefit to the
restoration, preservation and protection of the South
Florida ecosystem.
(2) Project implementation reports.--Before implementation
of any project feature authorized under this subsection, the
Secretary shall review and approve for the project feature
[[Page 114 STAT. 2684]]
a project implementation report prepared in accordance with
subsections (f) and (h).
(3) Funding.--
(A) Individual project funding.--
(i) Federal cost.--The total Federal cost of
each project carried out under this subsection
shall not exceed $12,500,000.
(ii) Overall cost.--The total cost of each
project carried out under this subsection shall
not exceed $25,000,000.
(B) Aggregate cost.--The total cost of all projects
carried out under this subsection shall not exceed
$206,000,000, with an estimated Federal cost of
$103,000,000 and an estimated non-Federal cost of
$103,000,000.
(d) Authorization of Future Projects.--
(1) In general.--Except for a project authorized by
subsection (b) or (c), any project included in the Plan shall
require a specific authorization by Congress.
(2) Submission of report.--Before seeking congressional
authorization for a project under paragraph (1), the Secretary
shall submit to Congress--
(A) a description of the project; and
(B) a project implementation report for the project
prepared in accordance with subsections (f) and (h).
(e) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of
carrying out a project authorized by subsection (b), (c), or (d)
shall be 50 percent.
(2) Non-federal responsibilities.--The non-Federal sponsor
with respect to a project described in subsection (b), (c), or
(d), shall be--
(A) responsible for all land, easements, rights-of-
way, and relocations necessary to implement the Plan;
and
(B) afforded credit toward the non-Federal share of
the cost of carrying out the project in accordance with
paragraph (5)(A).
(3) Federal assistance.--
(A) In general.--The non-Federal sponsor with
respect to a project authorized by subsection (b), (c),
or (d) may use Federal funds for the purchase of any
land, easement, rights-of-way, or relocation that is
necessary to carry out the project if any funds so used
are credited toward the Federal share of the cost of the
project.
(B) Agriculture funds.--Funds provided to the non-
Federal sponsor under the Conservation Restoration and
Enhancement Program (CREP) and the Wetlands Reserve
Program (WRP) for projects in the Plan shall be credited
toward the non-Federal share of the cost of the Plan if
the Secretary of Agriculture certifies that the funds
provided may be used for that purpose. Funds to be
credited do not include funds provided under section 390
of the Federal Agriculture Improvement and Reform Act of
1996 (110 Stat. 1022).
(4) Operation and maintenance.--Notwithstanding section
528(e)(3) of the Water Resources Development Act of 1996 (110
Stat. 3770), the non-Federal sponsor shall be responsible
[[Page 114 STAT. 2685]]
for 50 percent of the cost of operation, maintenance, repair,
replacement, and rehabilitation activities authorized under this
section. Furthermore, the Seminole Tribe of Florida shall be
responsible for 50 percent of the cost of operation,
maintenance, repair, replacement, and rehabilitation activities
for the Big Cypress Seminole Reservation Water Conservation Plan
Project.
(5) Credit.--
(A) In general.--Notwithstanding section 528(e)(4)
of the Water Resources Development Act of 1996 (110
Stat. 3770) and regardless of the date of acquisition,
the value of lands or interests in lands and incidental
costs for land acquired by a non-Federal sponsor in
accordance with a project implementation report for any
project included in the Plan and authorized by Congress
shall be--
(i) included in the total cost of the project;
and
(ii) credited toward the non-Federal share of
the cost of the project.
(B) Work.--The Secretary may provide credit,
including in-kind credit, toward the non-Federal share
for the reasonable cost of any work performed in
connection with a study, preconstruction engineering and
design, or construction that is necessary for the
implementation of the Plan if--
(i)(I) the credit is provided for work
completed during the period of design, as defined
in a design agreement between the Secretary and
the non-Federal sponsor; or
(II) the credit is provided for work completed
during the period of construction, as defined in a
project cooperation agreement for an authorized
project between the Secretary and the non-Federal
sponsor;
(ii) the design agreement or the project
cooperation agreement prescribes the terms and
conditions of the credit; and
(iii) the Secretary determines that the work
performed by the non-Federal sponsor is integral
to the project.
(C) Treatment of credit between projects.--Any
credit provided under this paragraph may be carried over
between authorized projects in accordance with
subparagraph (D).
(D) Periodic monitoring.--
(i) In general.--To ensure that the
contributions of the non-Federal sponsor equal 50
percent proportionate share for projects in the
Plan, during each 5-year period, beginning with
commencement of design of the Plan, the Secretary
shall, for each project--
(I) monitor the non-Federal
provision of cash, in-kind services, and
land; and
(II) manage, to the maximum extent
practicable, the requirement of the non-
Federal sponsor to provide cash, in-kind
services, and land.
(ii) Other monitoring.--The Secretary shall
conduct monitoring under clause (i) separately for
the preconstruction engineering and design phase
and the construction phase.
[[Page 114 STAT. 2686]]
(E) Audits.--Credit for land (including land value
and incidental costs) or work provided under this
subsection shall be subject to audit by the Secretary.
(f) Evaluation of Projects.--
(1) In <<NOTE: Reports.>> general.--Before implementation of
a project authorized by subsection (c) or (d) or any of clauses
(i) through (x) of subsection (b)(2)(C), the Secretary, in
cooperation with the non-Federal sponsor, shall complete, after
notice and opportunity for public comment and in accordance with
subsection (h), a project implementation report for the project.
(2) Project justification.--
(A) In general.--Notwithstanding section 209 of the
Flood Control Act of 1970 (42 U.S.C. 1962-2) or any
other provision of law, in carrying out any activity
authorized under this section or any other provision of
law to restore, preserve, or protect the South Florida
ecosystem, the Secretary may determine that--
(i) the activity is justified by the
environmental benefits derived by the South
Florida ecosystem; and
(ii) no further economic justification for the
activity is required, if the Secretary determines
that the activity is cost-effective.
(B) Applicability.--Subparagraph (A) shall not apply
to any separable element intended to produce benefits
that are predominantly unrelated to the restoration,
preservation, and protection of the natural system.
(g) Exclusions and Limitations.--The following Plan components are
not approved for implementation:
(1) Water included in the plan.--
(A) In general.--Any project that is designed to
implement the capture and use of the approximately
245,000 acre-feet of water described in section 7.7.2 of
the Plan shall not be implemented until such time as--
(i) the project-specific feasibility study
described in subparagraph (B) on the need for and
physical delivery of the approximately 245,000
acre-feet of water, conducted by the Secretary, in
cooperation with the non-Federal sponsor, is
completed;
(ii) the project is favorably recommended in a
final report of the Chief of Engineers; and
(iii) the project is authorized by Act of
Congress.
(B) Project-specific feasibility study.--The
project-specific feasibility study referred to in
subparagraph (A) shall include--
(i) a comprehensive analysis of the structural
facilities proposed to deliver the approximately
245,000 acre-feet of water to the natural system;
(ii) an assessment of the requirements to
divert and treat the water;
(iii) an assessment of delivery alternatives;
(iv) an assessment of the feasibility of
delivering the water downstream while maintaining
current levels of flood protection to affected
property; and
(v) any other assessments that are determined
by the Secretary to be necessary to complete the
study.
(2) Wastewater reuse.--
[[Page 114 STAT. 2687]]
(A) In <<NOTE: Reports.>> general.--On completion
and evaluation of the wastewater reuse pilot project
described in subsection (b)(2)(B)(iv), the Secretary, in
an appropriately timed 5-year report, shall describe the
results of the evaluation of advanced wastewater reuse
in meeting, in a cost-effective manner, the requirements
of restoration of the natural system.
(B) Submission.--The Secretary shall submit to
Congress the report described in subparagraph (A) before
congressional authorization for advanced wastewater
reuse is sought.
(3) Projects approved with limitations.--The following
projects in the Plan are approved for implementation with
limitations:
(A) Loxahatchee national wildlife refuge.--The
Federal share for land acquisition in the project to
enhance existing wetland systems along the Loxahatchee
National Wildlife Refuge, including the Stazzulla tract,
should be funded through the budget of the Department of
the Interior.
(B) Southern corkscrew regional ecosystem.--The
Southern Corkscrew regional ecosystem watershed addition
should be accomplished outside the scope of the Plan.
(h) Assurance of Project Benefits.--
(1) In general.--The overarching objective of the Plan is
the restoration, preservation, and protection of the South
Florida Ecosystem while providing for other water-related needs
of the region, including water supply and flood protection. The
Plan shall be implemented to ensure the protection of water
quality in, the reduction of the loss of fresh water from, the
improvement of the environment of the South Florida Ecosystem
and to achieve and maintain the benefits to the natural system
and human environment described in the Plan, and required
pursuant to this section, for as long as the project is
authorized.
(2) Agreement.--
(A) In general.--In order to ensure that water
generated by the Plan will be made available for the
restoration of the natural system, no appropriations,
except for any pilot project described in subsection
(b)(2)(B), shall be made for the construction of a
project contained in the Plan until the President and
the Governor enter into a binding agreement under which
the State shall ensure, by regulation or other
appropriate means, that water made available by each
project in the Plan shall not be permitted for a
consumptive use or otherwise made unavailable by the
State until such time as sufficient reservations of
water for the restoration of the natural system are made
under State law in accordance with the project
implementation report for that project and consistent
with the Plan.
(B) Enforcement.--
(i) In general.--Any person or entity that is
aggrieved by a failure of the United States or any
other Federal Government instrumentality or
agency, or the Governor or any other officer of a
State instrumentality or agency, to comply with
any provision of the agreement entered into under
subparagraph
[[Page 114 STAT. 2688]]
(A) may bring a civil action in United States
district court for an injunction directing the
United States or any other Federal Government
instrumentality or agency or the Governor or any
other officer of a State instrumentality or
agency, as the case may be, to comply with the
agreement.
(ii) Limitations on commencement of civil
action.--No civil action may be commenced under
clause (i)--
(I) before the date that is 60 days
after the Secretary and the Governor
receive written notice of a failure to
comply with the agreement; or
(II) if the United States has
commenced and is diligently prosecuting
an action in a court of the United
States or a State to redress a failure
to comply with the agreement.
(C) Trust responsibilities.--In carrying out his
responsibilities under this subsection with respect to
the restoration of the South Florida ecosystem, the
Secretary of the Interior shall fulfill his obligations
to the Indian tribes in South Florida under the Indian
trust doctrine as well as other applicable legal
obligations.
(3) Programmatic regulations.--
(A) Issuance.--Not <<NOTE: Deadline.>> later than 2
years after the date of enactment of this Act, the
Secretary shall, after notice and opportunity for public
comment, with the concurrence of the Governor and the
Secretary of the Interior, and in consultation with the
Seminole Tribe of Florida, the Miccosukee Tribe of
Indians of Florida, the Administrator of the
Environmental Protection Agency, the Secretary of
Commerce, and other Federal, State, and local agencies,
promulgate programmatic regulations to ensure that the
goals and purposes of the Plan are achieved.
(B) Concurrency <<NOTE: Deadline.>> statement.--The
Secretary of the Interior and the Governor shall, not
later than 180 days from the end of the public comment
period on proposed programmatic regulations, provide the
Secretary with a written statement of concurrence or
nonconcurrence. A failure to provide a written statement
of concurrence or nonconcurrence within such time frame
will be deemed as meeting the concurrency requirements
of subparagraph (A)(i). A copy of any concurrency or
nonconcurrency statements shall be made a part of the
administrative record and referenced in the final
programmatic regulations. Any nonconcurrency statement
shall specifically detail the reason or reasons for the
nonconcurrence.
(C) Content of regulations.--
(i) In general.--Programmatic regulations
promulgated under this paragraph shall establish a
process--
(I) for the development of project
implementation reports, project
cooperation agreements, and operating
manuals that ensure that the goals and
objectives of the Plan are achieved;
(II) to ensure that new information
resulting from changed or unforeseen
circumstances, new scientific or
technical information or information
[[Page 114 STAT. 2689]]
that is developed through the principles
of adaptive management contained in the
Plan, or future authorized changes to
the Plan are integrated into the
implementation of the Plan; and
(III) to ensure the protection of
the natural system consistent with the
goals and purposes of the Plan,
including the establishment of interim
goals to provide a means by which the
restoration success of the Plan may be
evaluated throughout the implementation
process.
(ii) Limitation on applicability of
programmatic regulations.--Programmatic
regulations promulgated under this paragraph shall
expressly prohibit the requirement for concurrence
by the Secretary of the Interior or the Governor
on project implementation reports, project
cooperation agreements, operating manuals for
individual projects undertaken in the Plan, and
any other documents relating to the development,
implementation, and management of individual
features of the Plan, unless such concurrence is
provided for in other Federal or State laws.
(D) Schedule and transition rule.--
(i) In general.--All project implementation
reports approved before the date of promulgation
of the programmatic regulations shall be
consistent with the Plan.
(ii) Preamble.--The preamble of the
programmatic regulations shall include a statement
concerning the consistency with the programmatic
regulations of any project implementation reports
that were approved before the date of promulgation
of the regulations.
(E) Review of programmatic regulations.--Whenever
necessary to attain Plan goals and purposes, but not
less often than every 5 years, the Secretary, in
accordance with subparagraph (A), shall review the
programmatic regulations promulgated under this
paragraph.
(4) Project-specific assurances.--
(A) Project implementation reports.--
(i) In general.--The Secretary and the non-
Federal sponsor shall develop project
implementation reports in accordance with section
10.3.1 of the Plan.
(ii) Coordination.--In developing a project
implementation report, the Secretary and the non-
Federal sponsor shall coordinate with appropriate
Federal, State, tribal, and local governments.
(iii) Requirements.--A project implementation
report shall--
(I) be consistent with the Plan and
the programmatic regulations promulgated
under paragraph (3);
(II) describe how each of the
requirements stated in paragraph (3)(B)
is satisfied;
(III) comply with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
[[Page 114 STAT. 2690]]
(IV) identify the appropriate
quantity, timing, and distribution of
water dedicated and managed for the
natural system;
(V) identify the amount of water to
be reserved or allocated for the natural
system necessary to implement, under
State law, subclauses (IV) and (VI);
(VI) comply with applicable water
quality standards and applicable water
quality permitting requirements under
subsection (b)(2)(A)(ii);
(VII) be based on the best available
science; and
(VIII) include an analysis
concerning the cost-effectiveness and
engineering feasibility of the project.
(B) Project cooperation agreements.--
(i) In general.--The Secretary and the non-
Federal sponsor shall execute project cooperation
agreements in accordance with section 10 of the
Plan.
(ii) Condition.--The Secretary shall not
execute a project cooperation agreement until any
reservation or allocation of water for the natural
system identified in the project implementation
report is executed under State law.
(C) Operating manuals.--
(i) In general.--The Secretary and the non-
Federal sponsor shall develop and issue, for each
project or group of projects, an operating manual
that is consistent with the water reservation or
allocation for the natural system described in the
project implementation report and the project
cooperation agreement for the project or group of
projects.
(ii) Modifications.--Any significant
modification by the Secretary and the non-Federal
sponsor to an operating manual after the operating
manual is issued shall only be carried out subject
to notice and opportunity for public comment.
(5) Savings clause.--
(A) No elimination or transfer.--Until a new source
of water supply of comparable quantity and quality as
that available on the date of enactment of this Act is
available to replace the water to be lost as a result of
implementation of the Plan, the Secretary and the non-
Federal sponsor shall not eliminate or transfer existing
legal sources of water, including those for--
(i) an agricultural or urban water supply;
(ii) allocation or entitlement to the Seminole
Indian Tribe of Florida under section 7 of the
Seminole Indian Land Claims Settlement Act of 1987
(25 U.S.C. 1772e);
(iii) the Miccosukee Tribe of Indians of
Florida;
(iv) water supply for Everglades National
Park; or
(v) water supply for fish and wildlife.
(B) Maintenance of flood protection.--Implementation
of the Plan shall not reduce levels of service for flood
protection that are--
[[Page 114 STAT. 2691]]
(i) in existence on the date of enactment of
this Act; and
(ii) in accordance with applicable law.
(C) No effect on tribal compact.--Nothing in this
section amends, alters, prevents, or otherwise abrogates
rights of the Seminole Indian Tribe of Florida under the
compact among the Seminole Tribe of Florida, the State,
and the South Florida Water Management District,
defining the scope and use of water rights of the
Seminole Tribe of Florida, as codified by section 7 of
the Seminole Indian Land Claims Settlement Act of 1987
(25 U.S.C. 1772e).
(i) Dispute Resolution.--
(1) In <<NOTE: Deadline. Contracts.>> general.--The
Secretary and the Governor shall within 180 days from the date
of enactment of this Act develop an agreement for resolving
disputes between the Corps of Engineers and the State associated
with the implementation of the Plan. Such agreement shall
establish a mechanism for the timely and efficient resolution of
disputes, including--
(A) a preference for the resolution of disputes
between the Jacksonville District of the Corps of
Engineers and the South Florida Water Management
District;
(B) a mechanism for the Jacksonville District of the
Corps of Engineers or the South Florida Water Management
District to initiate the dispute resolution process for
unresolved issues;
(C) the establishment of appropriate timeframes and
intermediate steps for the elevation of disputes to the
Governor and the Secretary; and
(D) <<NOTE: Deadline.>> a mechanism for the final
resolution of disputes, within 180 days from the date
that the dispute resolution process is initiated under
subparagraph (B).
(2) Condition for report approval.--The Secretary shall not
approve a project implementation report under this section until
the agreement established under this subsection has been
executed.
(3) No effect on law.--Nothing in the agreement established
under this subsection shall alter or amend any existing Federal
or State law, or the responsibility of any party to the
agreement to comply with any Federal or State law.
(j) Independent Scientific Review.--
(1) In <<NOTE: Establishment.>> general.--The Secretary, the
Secretary of the Interior, and the Governor, in consultation
with the South Florida Ecosystem Restoration Task Force, shall
establish an independent scientific review panel convened by a
body, such as the National Academy of Sciences, to review the
Plan's progress toward achieving the natural system restoration
goals of the Plan.
(2) Report.--The panel described in paragraph (1) shall
produce a biennial report to Congress, the Secretary, the
Secretary of the Interior, and the Governor that includes an
assessment of ecological indicators and other measures of
progress in restoring the ecology of the natural system, based
on the Plan.
(k) Outreach and Assistance.--
(1) Small business concerns owned and operated by socially
and economically disadvantaged individuals.--
[[Page 114 STAT. 2692]]
In executing the Plan, the Secretary shall ensure that small
business concerns owned and controlled by socially and
economically disadvantaged individuals are provided
opportunities to participate under section 15(g) of the Small
Business Act (15 U.S.C. 644(g)).
(2) Community outreach and education.--
(A) In general.--The Secretary shall ensure that
impacts on socially and economically disadvantaged
individuals, including individuals with limited English
proficiency, and communities are considered during
implementation of the Plan, and that such individuals
have opportunities to review and comment on its
implementation.
(B) Provision of opportunities.--The Secretary shall
ensure, to the maximum extent practicable, that public
outreach and educational opportunities are provided,
during implementation of the Plan, to the individuals of
South Florida, including individuals with limited
English proficiency, and in particular for socially and
economically disadvantaged communities.
(l) Report <<NOTE: Effective date. Termination date.>> to
Congress.--Beginning on October 1, 2005, and periodically thereafter
until October 1, 2036, the Secretary and the Secretary of the Interior,
in consultation with the Environmental Protection Agency, the Department
of Commerce, and the State of Florida, shall jointly submit to Congress
a report on the implementation of the Plan. Such reports shall be
completed not less often than every 5 years. Such reports shall include
a description of planning, design, and construction work completed, the
amount of funds expended during the period covered by the report
(including a detailed analysis of the funds expended for adaptive
assessment under subsection (b)(2)(C)(xi)), and the work anticipated
over the next 5-year period. In addition, each report shall include--
(1) the determination of each Secretary, and the
Administrator of the Environmental Protection Agency, concerning
the benefits to the natural system and the human environment
achieved as of the date of the report and whether the completed
projects of the Plan are being operated in a manner that is
consistent with the requirements of subsection (h);
(2) progress toward interim goals established in accordance
with subsection (h)(3)(B); and
(3) a review of the activities performed by the Secretary
under subsection (k) as they relate to socially and economically
disadvantaged individuals and individuals with limited English
proficiency.
(m) Report <<NOTE: Deadline.>> on Aquifer Storage and Recovery
Project.--Not later than 180 days after the date of enactment of this
Act, the Secretary shall transmit to Congress a report containing a
determination as to whether the ongoing Biscayne Aquifer Storage and
Recovery Program located in Miami-Dade County has a substantial benefit
to the restoration, preservation, and protection of the South Florida
ecosystem.
(n) Full <<NOTE: President.>> Disclosure of Proposed Funding.--
(1) Funding from all sources.--The President, as part of the
annual budget of the United States Government, shall display
under the heading ``Everglades Restoration'' all proposed
funding for the Plan for all agency programs.
[[Page 114 STAT. 2693]]
(2) Funding from corps of engineers civil works program.--
The President, as part of the annual budget of the United States
Government, shall display under the accounts ``Construction,
General'' and ``Operation and Maintenance, General'' of the
title ``Department of Defense--Civil, Department of the Army,
Corps of Engineers--Civil'', the total proposed funding level
for each account for the Plan and the percentage such level
represents of the overall levels in such accounts. The President
shall also include an assessment of the impact such funding
levels for the Plan would have on the budget year and long-term
funding levels for the overall Corps of Engineers civil works
program.
(o) Surplus Federal Lands.--Section 390(f)(2)(A)(i) of the Federal
Agriculture Improvement and Reform Act of 1996 (110 Stat. 1023) is
amended by inserting after ``on or after the date of enactment of this
Act'' the following: ``and before the date of enactment of the Water
Resources Development Act of 2000''.
(p) Severability.--If any provision or remedy provided by this
section is found to be unconstitutional or unenforceable by any court of
competent jurisdiction, any remaining provisions in this section shall
remain valid and enforceable.
SEC. 602. SENSE OF CONGRESS CONCERNING HOMESTEAD AIR FORCE BASE.
(a) Findings.--Congress finds that--
(1) the Everglades is an American treasure and includes
uniquely-important and diverse wildlife resources and
recreational opportunities;
(2) the preservation of the pristine and natural character
of the South Florida ecosystem is critical to the regional
economy;
(3) as this legislation demonstrates, Congress believes it
to be a vital national mission to restore and preserve this
ecosystem and accordingly is authorizing a significant Federal
investment to do so;
(4) Congress seeks to have the remaining property at the
former Homestead Air Base conveyed and reused as expeditiously
as possible, and several options for base reuse are being
considered, including as a commercial airport; and
(5) Congress is aware that the Homestead site is located in
a sensitive environmental location, and that Biscayne National
Park is only approximately 1.5 miles to the east, Everglades
National Park approximately 8 miles to the west, and the Florida
Keys National Marine Sanctuary approximately 10 miles to the
south.
(b) Sense of Congress.--It is the sense of Congress that--
(1) development at the Homestead site could potentially
cause significant air, water, and noise pollution and result in
the degradation of adjacent national parks and other protected
Federal resources;
(2) in their decisionmaking, the Federal agencies charged
with determining the reuse of the remaining property at the
Homestead base should carefully consider and weigh all available
information concerning potential environmental impacts of
various reuse options;
(3) the redevelopment of the former base should be
consistent with restoration goals, provide desirable numbers of
[[Page 114 STAT. 2694]]
jobs and economic redevelopment for the community, and be
consistent with other applicable laws;
(4) consistent with applicable laws, the Secretary of the
Air Force should proceed as quickly as practicable to issue a
final SEIS and Record of Decision so that reuse of the former
air base can proceed expeditiously;
(5) following conveyance of the remaining surplus property,
the Secretary, as part of his oversight for Everglades
restoration, should cooperate with the entities to which the
various parcels of surplus property were conveyed so that the
planned use of those properties is implemented in such a manner
as to remain consistent with the goals of the Everglades
restoration plan; and
(6) <<NOTE: Deadline. Reports.>> not later than August 1,
2002, the Secretary should submit a report to the appropriate
committees of Congress on actions taken and make any
recommendations for consideration by Congress.
TITLE <<NOTE: Missouri River Protection and Improvement Act of
2000. Conservation.>> VII--MISSOURI RIVER RESTORATION, NORTH DAKOTA
SEC. 701. SHORT TITLE.
This title may be cited as the ``Missouri River Protection and
Improvement Act of 2000''.
SEC. 702. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Missouri River is--
(A) an invaluable economic, environmental,
recreational, and cultural resource to the people of the
United States; and
(B) a critical source of water for drinking and
irrigation;
(2) millions of people fish, hunt, and camp along the
Missouri River each year;
(3) thousands of sites of spiritual importance to Native
Americans line the shores of the Missouri River;
(4) the Missouri River provides critical wildlife habitat
for threatened and endangered species;
(5) in 1944, Congress approved the Pick-Sloan program--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(6) the Garrison Dam was constructed on the Missouri River
in North Dakota and the Oahe Dam was constructed in South Dakota
under the Pick-Sloan program;
(7) the dams referred to in paragraph (6)--
(A) generate low-cost electricity for millions of
people in the United States;
(B) provide revenue to the Treasury; and
(C) provide flood control that has prevented
billions of dollars of damage;
[[Page 114 STAT. 2695]]
(8) the Garrison and Oahe Dams have reduced the ability of
the Missouri River to carry sediment downstream, resulting in
the accumulation of sediment in the reservoirs known as Lake
Sakakawea and Lake Oahe;
(9) the sediment depositions--
(A) cause shoreline flooding;
(B) destroy wildlife habitat;
(C) limit recreational opportunities;
(D) threaten the long-term ability of dams to
provide hydropower and flood control under the Pick-
Sloan program;
(E) reduce water quality; and
(F) threaten intakes for drinking water and
irrigation; and
(10) to meet the objectives established by Congress for the
Pick-Sloan program, it is necessary to establish a Missouri
River Restoration Program--
(A) to improve conservation;
(B) to reduce the deposition of sediment; and
(C) to take other steps necessary for proper
management of the Missouri River.
(b) Purposes.--The purposes of this title are--
(1) to reduce the siltation of the Missouri River in the
State of North Dakota;
(2) to meet the objectives of the Pick-Sloan program by
developing and implementing a long-term strategy--
(A) to improve conservation in the Missouri River
watershed;
(B) to protect recreation on the Missouri River from
sedimentation;
(C) to improve water quality in the Missouri River;
(D) to improve erosion control along the Missouri
River; and
(E) to protect Indian and non-Indian historical and
cultural sites along the Missouri River from erosion;
and
(3) to meet the objectives described in paragraphs (1) and
(2) by developing and financing new programs in accordance with
the plan.
SEC. 703. DEFINITIONS.
In this title, the following definitions apply:
(1) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program authorized by
section 9 of the Flood Control Act of December 22, 1944 (58
Stat. 891).
(2) Plan.--The term ``plan'' means the plan for the use of
funds made available by this title that is required to be
prepared under section 705(e).
(3) State.--The term ``State'' means the State of North
Dakota.
(4) Task force.--The term ``Task Force'' means the North
Dakota Missouri River Task Force established by section 705(a).
(5) Trust.--The term ``Trust'' means the North Dakota
Missouri River Trust established by section 704(a).
SEC. 704. MISSOURI RIVER TRUST.
(a) Establishment.--There is established a committee to be known as
the North Dakota Missouri River Trust.
[[Page 114 STAT. 2696]]
(b) Membership.--The Trust shall be composed of 16 members to be
appointed by the Secretary, including--
(1) 12 members recommended by the Governor of North Dakota
that--
(A) represent equally the various interests of the
public; and
(B) include representatives of--
(i) the North Dakota Department of Health;
(ii) the North Dakota Department of Parks and
Recreation;
(iii) the North Dakota Department of Game and
Fish;
(iv) the North Dakota State Water Commission;
(v) the North Dakota Indian Affairs
Commission;
(vi) agriculture groups;
(vii) environmental or conservation
organizations;
(viii) the hydroelectric power industry;
(ix) recreation user groups;
(x) local governments; and
(xi) other appropriate interests;
(2) 4 members representing each of the 4 Indian tribes in
the State of North Dakota.
SEC. 705. MISSOURI RIVER TASK FORCE.
(a) Establishment.--There is established the Missouri River Task
Force.
(b) Membership.--The Task Force shall be composed of--
(1) the Secretary (or a designee), who shall serve as
Chairperson;
(2) the Secretary of Agriculture (or a designee);
(3) the Secretary of Energy (or a designee);
(4) the Secretary of the Interior (or a designee); and
(5) the Trust.
(c) Duties.--The Task Force shall--
(1) meet at least twice each year;
(2) vote on approval of the plan, with approval requiring
votes in favor of the plan by a majority of the members;
(3) review projects to meet the goals of the plan; and
(4) recommend to the Secretary critical projects for
implementation.
(d) Assessment.--
(1) In <<NOTE: Deadline. Reports.>> general.--Not later than
18 months after the date on which funding authorized under this
title becomes available, the Secretary shall transmit to the
other members of the Task Force a report on--
(A) the impact of the siltation of the Missouri
River in the State, including the impact on--
(i) the Federal, State, and regional
economies;
(ii) recreation;
(iii) hydropower generation;
(iv) fish and wildlife; and
(v) flood control;
(B) the status of Indian and non-Indian historical
and cultural sites along the Missouri River;
(C) the extent of erosion along the Missouri River
(including tributaries of the Missouri River) in the
State; and
[[Page 114 STAT. 2697]]
(D) other issues, as requested by the Task Force.
(2) Consultation.--In preparing the report under paragraph
(1), the Secretary shall consult with--
(A) the Secretary of Energy;
(B) the Secretary of the Interior;
(C) the Secretary of Agriculture;
(D) the State; and
(E) Indian tribes in the State.
(e) Plan for Use of Funds Made Available by This Title.--
(1) In <<NOTE: Deadline.>> general.--Not later than 3 years
after the date on which funding authorized under this title
becomes available, the Task Force shall prepare a plan for the
use of funds made available under this title.
(2) Contents of plan.--The plan shall provide for the manner
in which the Task Force shall develop and recommend critical
restoration projects to promote--
(A) conservation practices in the Missouri River
watershed;
(B) the general control and removal of sediment from
the Missouri River;
(C) the protection of recreation on the Missouri
River from sedimentation;
(D) the protection of Indian and non-Indian
historical and cultural sites along the Missouri River
from erosion;
(E) erosion control along the Missouri River; or
(F) any combination of the activities described in
subparagraphs (A) through (E).
(3) Plan <<NOTE: Public information.>> review and
revision.--
(A) In general.--The Task Force shall make a copy of
the plan available for public review and comment before
the plan becomes final in accordance with procedures
established by the Task Force.
(B) Revision of plan.--
(i) In general.--The Task Force may, on an
annual basis, revise the plan.
(ii) Public review and comment.--In revising
the plan, the Task Force shall provide the public
the opportunity to review and comment on any
proposed revision to the plan.
(f) Critical Restoration Projects.--
(1) In general.--After the plan is approved by the Task
Force under subsection (c)(2), the Secretary, in coordination
with the Task Force, shall identify critical restoration
projects to carry out the plan.
(2) Agreement.--The Secretary may carry out a critical
restoration project after entering into an agreement with an
appropriate non-Federal interest in accordance with section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this
section.
(3) Indian projects.--To the maximum extent practicable, the
Secretary shall ensure that not less than 30 percent of the
funds made available for critical restoration projects under
this title shall be used exclusively for projects that are--
(A) within the boundary of an Indian reservation; or
(B) administered by an Indian tribe.
(g) Cost Sharing.--
(1) Assessment.--
[[Page 114 STAT. 2698]]
(A) Federal share.--The Federal share of the cost of
carrying out the assessment under subsection (d) shall
be 75 percent.
(B) Non-federal share.--The non-Federal share of the
cost of carrying out the assessment may be provided in
the form of services, materials, or other in-kind
contributions.
(2) Plan.--
(A) Federal share.--The Federal share of the cost of
preparing the plan shall be 75 percent.
(B) Non-federal share.--Not more than 50 percent of
the non-Federal share of the cost of preparing the plan
may be provided in the form of services, materials, or
other in-kind contributions.
(3) Critical restoration projects.--
(A) In general.--A non-Federal cost share shall be
required to carry out any project under subsection (f)
that does not primarily benefit the Federal Government,
as determined by the Task Force.
(B) Federal share.--The Federal share of the cost of
carrying out a project under subsection (f) for which
the Task Force requires a non-Federal cost share under
subparagraph (A) shall be 65 percent, not to exceed
$5,000,000 for any project.
(C) Non-federal share.--
(i) In general.--Not more than 50 percent of
the non-Federal share of the cost of carrying out
a project described in subparagraph (B) may be
provided in the form of services, materials, or
other in-kind contributions.
(ii) Required non-federal contributions.--For
any project described in subparagraph (B), the
non-Federal interest shall--
(I) provide all land, easements,
rights-of-way, dredged material disposal
areas, and relocations;
(II) pay all operation, maintenance,
replacement, repair, and rehabilitation
costs; and
(III) hold the United States
harmless from all claims arising from
the construction, operation, and
maintenance of the project.
(iii) Credit.--The Secretary shall credit the
non-Federal interest for all contributions
provided under clause (ii)(I).
SEC. 706. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian tribe;
(2) any other right of an Indian tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian tribe;
(5) any authority of the State that relates to the
protection, regulation, or management of fish, terrestrial
wildlife, and cultural and archaeological resources, except as
specifically provided in this title; or
[[Page 114 STAT. 2699]]
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law in
effect on the date of enactment of this Act, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private property
caused by the operation of the Pick-Sloan program.
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan program for the purposes of meeting the requirements of the Flood
Control Act of December 22, 1944 (33 U.S.C. 701-1 et seq.; 58 Stat.
887).
(d) Use of Funds.--Funds transferred to the Trust may be used to pay
the non-Federal share required under Federal programs.
SEC. 707. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this title $5,000,000 for each of fiscal years
2001 through 2005. Such sums shall remain available until expended.
(b) Existing Programs.--The Secretary shall fund programs authorized
under the Pick-Sloan program in existence on the date of enactment of
this Act at levels that are not less than funding levels for those
programs as of that date.
TITLE <<NOTE: Charles M. Russell National Wildlife Refuge Enhancement
Act of 2000. Montana. 16 USC 668dd note.>> VIII--WILDLIFE REFUGE
ENHANCEMENT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Charles M. Russell National
Wildlife Refuge Enhancement Act of 2000''.
SEC. 802. PURPOSE.
The purpose of this title is to direct the Secretary, working with
the Secretary of the Interior, to convey cabin sites at Fort Peck Lake,
Montana, and to acquire land with greater wildlife
[[Page 114 STAT. 2700]]
and other public value for the Charles M. Russell National Wildlife
Refuge, to--
(1) better achieve the wildlife conservation purposes for
which the Refuge was established;
(2) protect additional fish and wildlife habitat in and
adjacent to the Refuge;
(3) enhance public opportunities for hunting, fishing, and
other wildlife-dependent activities;
(4) improve management of the Refuge; and
(5) reduce Federal expenditures associated with the
administration of cabin site leases.
SEC. 803. DEFINITIONS.
In this title, the following definitions apply:
(1) Association.--The term ``Association'' means the Fort
Peck Lake Association.
(2) Cabin site.--
(A) In general.--The term ``cabin site'' means a
parcel of property within the Fort Peck, Hell Creek,
Pines, or Rock Creek Cabin Areas that is--
(i) managed by the Corps of Engineers;
(ii) located in or near the eastern portion of
Fort Peck Lake, Montana; and
(iii) leased for single family use or
occupancy.
(B) Inclusions.--The term ``cabin site'' includes
all right, title, and interest of the United States in
and to the property, including--
(i) any permanent easement that is necessary
to provide vehicular and utility access to the
cabin site;
(ii) the right to reconstruct, operate, and
maintain an easement described in clause (i); and
(iii) any adjacent parcel of land that the
Secretary determines should be conveyed under
section 804(c)(1).
(3) Cabin site area.--
(A) In general.--The term ``cabin site area'' means
a portion of the Fort Peck, Hell Creek, Pines, or Rock
Creek Cabin Areas referred to in paragraph (2) that is
occupied by 1 or more cabin sites.
(B) Inclusion.--The term ``cabin site area''
includes such immediately adjacent land, if any, as is
needed for the cabin site area to exist as a generally
contiguous parcel of land and for each cabin site in the
cabin site area to meet the requirements of section
804(e)(1), as determined by the Secretary, with the
concurrence of the Secretary of the Interior.
(4) Land.--The term ``land'' means land or an interest in
land.
(5) Lessee.--The term ``lessee'' means a person that is
leasing a cabin site.
(6) Refuge.--The term ``Refuge'' means the Charles M.
Russell National Wildlife Refuge in the State of Montana.
SEC. 804. CONVEYANCE OF CABIN SITES.
(a) In General.--
(1) Prohibition.--As soon as practicable after the date of
enactment of this Act, the Secretary and the Secretary of the
Interior shall prohibit the issuance of new cabin site leases
within the Refuge, except as is necessary to consolidate with,
[[Page 114 STAT. 2701]]
or substitute for, an existing cabin site lease under paragraph
(2).
(2) Determination; <<NOTE: Deadline.>> notice.--Not later
than 1 year after the date of enactment of this Act, and before
proceeding with any exchange under this title, the Secretary
shall--
(A)(i) with the concurrence of the Secretary of the
Interior, determine individual cabin sites that are not
suitable for conveyance to a lessee because the cabin
sites are isolated so that conveyance of 1 or more of
the cabin sites would create an inholding that would
impair management of the Refuge; and
(ii) with the concurrence of the Secretary of the
Interior and the lessee, determine individual cabin
sites that are not suitable for conveyance to a lessee
for any other reason that adversely impacts the future
habitability of the cabin sites; and
(B) provide written notice to each lessee that
specifies any requirements concerning the form of a
notice of interest in acquiring a cabin site that the
lessee may submit under subsection (b)(1) and an
estimate of the portion of administrative costs that
would be required to be reimbursed to the Secretary
under section 808(b), to--
(i) determine whether the lessee is interested
in acquiring the cabin site area of the lessee;
and
(ii) inform each lessee of the rights of the
lessee under this title.
(3) Offer of comparable cabin site.--If the Secretary
determines that a cabin site is not suitable for conveyance to a
lessee under paragraph (2)(A), the Secretary, in consultation
with the Secretary of the Interior, shall offer to the lessee
the opportunity to acquire a comparable cabin site within the
same cabin site area.
(b) Response.--
(1) Notice of interest.--
(A) In <<NOTE: Deadline.>> general.--Not later than
July 1, 2003, a lessee shall notify the Secretary in
writing of an interest in acquiring the cabin site of
the lessee.
(B) Form.--The notice under this paragraph shall be
submitted in such form as is required by the Secretary
under subsection (a)(2)(B).
(2) Unpurchased cabin sites.--If the Secretary receives no
notice of interest or offer to purchase a cabin site from the
lessee under paragraph (1) or the lessee declines an opportunity
to purchase a comparable cabin site under subsection (a)(3), the
cabin site shall be subject to sections 805 and 806.
(c) Process.--After providing notice to a lessee under subsection
(a)(2)(B), the Secretary, with the concurrence of the Secretary of the
Interior, shall--
(1) determine whether any small parcel of land adjacent to
any cabin site (not including shoreline or land needed to
provide public access to the shoreline of Fort Peck Lake) should
be conveyed as part of the cabin site to--
(A) protect water quality;
(B) eliminate an inholding; or
(C) facilitate administration of the land remaining
in Federal ownership;
[[Page 114 STAT. 2702]]
(2) if the Secretary and the Secretary of the Interior
determine that a conveyance should be completed under paragraph
(1), provide notice of the intent of the Secretary to complete
the conveyance to the lessee of each affected cabin site;
(3) survey each cabin site to determine the acreage and
legal description of the cabin site area, including land
identified under paragraph (1);
(4) take such actions as are necessary to ensure compliance
with all applicable environmental laws;
(5) prepare permanent easements or deed restrictions to be
enforceable by the Secretary of the Interior or an acceptable
third party, to be placed on a cabin site before conveyance out
of Federal ownership in order to--
(A) comply with the Act of May 18, 1938 (16 U.S.C.
833 et seq.);
(B) comply with any other laws (including
regulations);
(C) ensure the maintenance of existing and adequate
public access to and along Fort Peck Lake;
(D) limit future uses of the cabin site to--
(i) noncommercial, single-family use; and
(ii) the type and intensity of use of the
cabin site as of the date of enactment of this
Act; and
(E) maintain the values of the Refuge; and
(6) conduct an appraisal of each cabin site (including any
expansion of the cabin site under paragraph (1)) that--
(A) is carried out in accordance with the Uniform
Appraisal Standards for Federal Land Acquisition;
(B) excludes the value of any private improvement to
the cabin site; and
(C) takes into consideration--
(i) any easement or deed restriction
determined to be necessary under paragraph (5) and
subsection (h); and
(ii) the definition of ``cabin site'' under
section 803(2).
(d) Consultation and Public Involvement.--The Secretary shall--
(1) carry out subsections (b) and (c) in consultation with--
(A) affected lessees;
(B) affected counties in the State of Montana; and
(C) the Association; and
(2) hold public hearings, and provide all interested parties
with notice and an opportunity to comment, on the activities
carried out under this section.
(e) Conveyance.--Subject to subsections (h) and (i) and section
808(b), the Secretary or, if necessary, the Secretary of the Interior
shall convey a cabin site by individual patent or deed to the lessee
under this title--
(1) if the cabin site complies with Federal, State, and
county septic and water quality laws (including regulations);
(2) if the lessee complies with other requirements of this
section; and
(3) after receipt of the payment from the lessee for the
cabin site of an amount equal to the sum of--
(A) the appraised fair market value of the cabin
site as determined in accordance with subsection (c)(6);
and
[[Page 114 STAT. 2703]]
(B) the administrative costs required to be
reimbursed under section 808.
(f) Vehicular Access.--
(1) In general.--Nothing in this title authorizes any
addition to or improvement of vehicular access to a cabin site.
(2) Construction.--The Secretary and the Secretary of the
Interior--
(A) shall not construct any road for the sole
purpose of providing access to land conveyed under this
section; and
(B) shall be under no obligation to service or
maintain any existing road used primarily for access to
that land (or to a cabin site).
(3) Offer to convey.--The Secretary, with the concurrence of
the Secretary of the Interior, may offer to convey to the State
of Montana, any political subdivision of the State of Montana,
or the Association, any road determined by the Secretary to
primarily service the land conveyed under this section.
(g) Utilities and Infrastructure.--
(1) In general.--The purchaser of a cabin site shall be
responsible for acquiring or securing the use of all utilities
and infrastructure necessary to support the cabin site.
(2) No federal assistance.--The Secretary and the Secretary
of the Interior shall not provide any utilities or
infrastructure to the cabin site.
(h) Easements and Deed Restrictions.--
(1) In general.--Before conveying any cabin site under
subsection (e), the Secretary, with the concurrence of the
Secretary of the Interior, shall ensure that the deed of
conveyance--
(A) includes such easements and deed restrictions as
are determined, under subsection (c), to be necessary;
and
(B) makes the easements and deed restrictions
binding on all subsequent purchasers of the cabin site.
(2) Reservation of rights.--The Secretary may reserve the
perpetual right, power, privilege, and easement to permanently
overflow, flood, submerge, saturate, percolate, or erode a cabin
site (or any portion of a cabin site) that the Secretary
determines is necessary in the operation of the Fort Peck Dam.
(i) No Conveyance of Unsuitable Cabin Sites.--A cabin site that is
determined to be unsuitable for conveyance under subsection (a)(2)(A)
shall not be conveyed by the Secretary or the Secretary of the Interior
under this section.
(j) Identification of Land for Exchange.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
identify land that may be acquired that meets the purposes of
this title specified in paragraphs (1) through (4) of section
802 and for which 1 or more willing sellers exist.
(2) Appraisal.--On a request by a willing seller, the
Secretary of the Interior shall appraise the land identified
under paragraph (1).
(3) Acquisition.--If the Secretary of the Interior
determines that the acquisition of the land would meet the
purposes of this title specified in paragraphs (1) through (4)
of section 802, the Secretary of the Interior shall cooperate
with the
[[Page 114 STAT. 2704]]
willing seller to facilitate the acquisition of the land in
accordance with section 807.
(4) Public participation.--The Secretary of the Interior
shall hold public hearings, and provide all interested parties
with notice and an opportunity to comment, on the activities
carried out under this section.
SEC. 805. RIGHTS OF NONPARTICIPATING LESSEES.
(a) Continuation of Lease.--
(1) In general.--A lessee that does not provide the
Secretary with an offer to acquire the cabin site of the lessee
under section 804 (including a lessee who declines an offer of a
comparable cabin site under section 804(a)(3)) may elect to
continue to lease the cabin site for the remainder of the
current term of the lease, which, except as provided in
paragraph (2), shall not be renewed or otherwise extended.
(2) Expiration before 2010.--If the current term of a lessee
described in paragraph (1) expires or is scheduled to expire
before 2010, the Secretary shall offer to extend or renew the
lease through 2010.
(b) Improvements.--Any improvements and personal property of the
lessee that are not removed from the cabin site before the termination
of the lease shall be considered property of the United States in
accordance with the provisions of the lease.
(c) Option To Purchase.--Subject to subsections (d) and (e) and
section 808(b), if at any time before termination of the lease, a lessee
described in subsection (a)(1)--
(1) notifies the Secretary of the intent of the lessee to
purchase the cabin site of the lessee; and
(2) pays for an updated appraisal of the cabin site in
accordance with section 804(c)(6);
the Secretary or, if necessary, the Secretary of the Interior shall
convey the cabin site to the lessee, by individual patent or deed, on
receipt of payment from the lessee for the cabin site of an amount equal
to the sum of the appraised fair market value of the cabin site, as
determined by the updated appraisal, and the administrative costs
required to be reimbursed under section 808.
(d) Easements and Deed Restrictions.--Before conveying any cabin
site under subsection (c), the Secretary, with the concurrence of the
Secretary of the Interior, shall ensure that the deed of conveyance--
(1) includes such easements and deed restrictions as are
determined, under section 804(c), to be necessary; and
(2) makes the easements and deed restrictions binding on all
subsequent purchasers of the cabin site.
(e) No Conveyance of Unsuitable Cabin Sites.--A cabin site that is
determined to be unsuitable for conveyance under subsection 804(a)(2)(A)
shall not be conveyed by the Secretary or the Secretary of the Interior
under this section.
(f) Report.--Not <<NOTE: Deadline.>> later than July 1, 2003, the
Secretary shall submit to Congress a report that--
(1) describes progress made in implementing this title; and
(2) identifies cabin owners that have filed a notice of
interest under section 804(b) and have declined an opportunity
to acquire a comparable cabin site under section 804(a)(3).
[[Page 114 STAT. 2705]]
SEC. 806. CONVEYANCE TO THIRD PARTIES.
(a) Conveyances to Third Parties.--As soon as practicable after the
expiration or surrender of a lease, the Secretary, with the concurrence
of the Secretary of the Interior, may offer for sale, by public auction,
written invitation, or other competitive sales procedure, and at the
fair market value of the cabin site determined under section 804(c)(6),
any cabin site that--
(1) is not conveyed to a lessee under this title; and
(2) has not been determined to be unsuitable for conveyance
under section 804(a)(2)(A).
(b) Easements and Deed Restrictions.--Before conveying any cabin
site under subsection (a), the Secretary, with the concurrence of the
Secretary of the Interior, shall ensure that the deed of conveyance--
(1) includes such easements and deed restrictions as are
determined, under section 804(c), to be necessary; and
(2) makes the easements and deed restrictions binding on all
subsequent purchasers of the cabin site.
(c) Management of Remaining Land Within Cabin Site Areas.--
(1) Management by the secretary.--All land within the outer
boundaries of a cabin site area that is not conveyed under this
Act shall be managed by the Secretary, in consultation with the
Secretary of the Interior, in substantially the same manner as
that land is managed on the date of enactment of this Act and
consistent with the purposes for which the Refuge was
established.
(2) Construction and development.--The Secretary shall not
initiate or authorize any development or construction on land
under paragraph (1) except with the concurrence of the Secretary
of the Interior.
SEC. 807. USE OF PROCEEDS.
(a) Proceeds.--All payments for the conveyance of cabin sites under
this title, except costs reimbursed to the Secretary under section
808(b)--
(1) shall be deposited in a special fund within the Montana
Fish and Wildlife Conservation Trust established under section
1007 of division C of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (112 Stat. 2681-715) (as
amended by title IV of H.R. 3425 of the 106th Congress, as
enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat.
1536, 1501A-307); and
(2) notwithstanding title X of division C of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(112 Stat. 2681-710), shall be available for use by the
Secretary of the Interior, acting through the Director of the
United States Fish and Wildlife Service in the Director's sole
discretion and without further Act of appropriation, solely for
the acquisition from willing sellers of property that--
(A) is within or adjacent to the Refuge;
(B) would be suitable to carry out the purposes of
this title specified in paragraphs (1) through (4) of
section 802; and
[[Page 114 STAT. 2706]]
(C) on acquisition by the Secretary of the Interior,
would be accessible to the general public for use in
conducting activities consistent with approved uses of
the Refuge.
(b) Limitations.--
(1) In general.--To the extent practicable, acquisitions
under this title shall be of land within the Refuge.
(2) No effect on acquisition.--Nothing in this subsection
limits the ability of the Secretary of the Interior to acquire
land adjacent to the Refuge from a willing seller in cases in
which the Secretary of the Interior also acquires land within
the Refuge from the same willing seller.
SEC. 808. ADMINISTRATIVE COSTS.
(a) In General.--Except as provided in subsection (b), the Secretary
shall pay all administrative costs incurred in carrying out this title.
(b) Reimbursement.--As a condition of the conveyance of any cabin
site area under this title, the Secretary or the Secretary of the
Interior--
(1) may require the party to whom the property is conveyed
to reimburse the Secretary or the Secretary of the Interior for
a reasonable portion, as determined by the Secretary or the
Secretary of the Interior, of the direct administrative costs
(including survey costs) incurred in carrying out conveyance
activities under this title, taking into consideration any cost
savings achieved as a result of the party's agreeing to purchase
its cabin site as part of a single transaction for the
conveyance of multiple cabin sites; and
(2) shall require the party to whom the property is conveyed
to reimburse the Association for a proportionate share of the
costs (including interest) incurred by the Association in
carrying out transactions under this title.
SEC. 809. REVOCATION OF WITHDRAWALS.
(a) In General.--Upon execution of any patent or deed, by the
Secretary or the Secretary of the Interior, conveying land as
specifically authorized by this title, any public land withdrawal
affecting the land described in the conveyance document as being
conveyed shall be revoked with respect to that land.
(b) Exclusions.--Nothing in this section affects--
(1) the status of any public land withdrawal on land
retained by the Secretary or the Secretary of the Interior;
(2) the boundary of the Refuge as established by Executive
Order No. 7509 (December 11, 1936); or
(3) enforcement of any right retained by the United States.
(c) Reinstatement.--If, at any time after the date of enactment of
this Act, the Secretary or the Secretary of the Interior reacquires land
conveyed under this title, any public land withdrawal revoked under this
section shall be reinstated with respect to the reacquired land.
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this title.
[[Page 114 STAT. 2707]]
TITLE <<NOTE: Missouri River Restoration Act of
2000. Conservation.>> IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA
SEC. 901. SHORT TITLE.
This title may be cited as the ``Missouri River Restoration Act of
2000''.
SEC. 902. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the Missouri River is--
(A) an invaluable economic, environmental,
recreational, and cultural resource to the people of the
United States; and
(B) a critical source of water for drinking and
irrigation;
(2) millions of people fish, hunt, and camp along the
Missouri River each year;
(3) thousands of sites of spiritual importance to Native
Americans line the shores of the Missouri River;
(4) the Missouri River provides critical wildlife habitat
for threatened and endangered species;
(5) in 1944, Congress approved the Pick-Sloan program--
(A) to promote the general economic development of
the United States;
(B) to provide for irrigation above Sioux City,
Iowa;
(C) to protect urban and rural areas from
devastating floods of the Missouri River; and
(D) for other purposes;
(6) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams
were constructed on the Missouri River in South Dakota under the
Pick-Sloan program;
(7) the dams referred to in paragraph (6)--
(A) generate low-cost electricity for millions of
people in the United States;
(B) provide revenue to the Treasury; and
(C) provide flood control that has prevented
billions of dollars of damage;
(8) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams
have reduced the ability of the Missouri River to carry sediment
downstream, resulting in the accumulation of sediment in the
reservoirs known as Lake Oahe, Lake Sharpe, Lake Francis Case,
and Lewis and Clark Lake;
(9) the sediment depositions--
(A) cause shoreline flooding;
(B) destroy wildlife habitat;
(C) limit recreational opportunities;
(D) threaten the long-term ability of dams to
provide hydropower and flood control under the Pick-
Sloan program;
(E) reduce water quality; and
(F) threaten intakes for drinking water and
irrigation; and
(10) to meet the objectives established by Congress for the
Pick-Sloan program, it is necessary to establish a Missouri
River Restoration Program--
(A) to improve conservation;
[[Page 114 STAT. 2708]]
(B) to reduce the deposition of sediment; and
(C) to take other steps necessary for proper
management of the Missouri River.
(b) Purposes.--The purposes of this title are--
(1) to reduce the siltation of the Missouri River in the
State of South Dakota;
(2) to meet the objectives of the Pick-Sloan program by
developing and implementing a long-term strategy--
(A) to improve conservation in the Missouri River
watershed;
(B) to protect recreation on the Missouri River from
sedimentation;
(C) to improve water quality in the Missouri River;
(D) to improve erosion control along the Missouri
River; and
(E) to protect Indian and non-Indian historical and
cultural sites along the Missouri River from erosion;
and
(3) to meet the objectives described in paragraphs (1) and
(2) by developing and financing new programs in accordance with
the plan.
SEC. 903. DEFINITIONS.
In this title, the following definitions apply:
(1) Pick-sloan program.--The term ``Pick-Sloan program''
means the Pick-Sloan Missouri River Basin Program authorized by
section 9 of the Flood Control Act of December 22, 1944 (58
Stat. 891).
(2) Plan.--The term ``plan'' means the plan for the use of
funds made available by this title that is required to be
prepared under section 905(e).
(3) State.--The term ``State'' means the State of South
Dakota.
(4) Task force.--The term ``Task Force'' means the Missouri
River Task Force established by section 905(a).
(5) Trust.--The term ``Trust'' means the Missouri River
Trust established by section 904(a).
SEC. 904. MISSOURI RIVER TRUST.
(a) Establishment.--There is established a committee to be known as
the Missouri River Trust.
(b) Membership.--The Trust shall be composed of 25 members to be
appointed by the Secretary, including--
(1) 15 members recommended by the Governor of South Dakota
that--
(A) represent equally the various interests of the
public; and
(B) include representatives of--
(i) the South Dakota Department of Environment
and Natural Resources;
(ii) the South Dakota Department of Game,
Fish, and Parks;
(iii) environmental groups;
(iv) the hydroelectric power industry;
(v) local governments;
(vi) recreation user groups;
(vii) agricultural groups; and
(viii) other appropriate interests;
[[Page 114 STAT. 2709]]
(2) 9 members, 1 of each of whom shall be recommended by
each of the 9 Indian tribes in the State of South Dakota; and
(3) 1 member recommended by the organization known as the
``Three Affiliated Tribes of North Dakota'' (composed of the
Mandan, Hidatsa, and Arikara tribes).
SEC. 905. MISSOURI RIVER TASK FORCE.
(a) Establishment.--There is established the Missouri River Task
Force.
(b) Membership.--The Task Force shall be composed of--
(1) the Secretary (or a designee), who shall serve as
Chairperson;
(2) the Secretary of Agriculture (or a designee);
(3) the Secretary of Energy (or a designee);
(4) the Secretary of the Interior (or a designee); and
(5) the Trust.
(c) Duties.--The Task Force shall--
(1) meet at least twice each year;
(2) vote on approval of the plan, with approval requiring
votes in favor of the plan by a majority of the members;
(3) review projects to meet the goals of the plan; and
(4) recommend to the Secretary critical projects for
implementation.
(d) Assessment.--
(1) In <<NOTE: Deadline. Reports.>> general.--Not later than
18 months after the date on which funding authorized under this
title becomes available, the Secretary shall submit to the other
members of the Task Force a report on--
(A) the impact of the siltation of the Missouri
River in the State, including the impact on--
(i) the Federal, State, and regional
economies;
(ii) recreation;
(iii) hydropower generation;
(iv) fish and wildlife; and
(v) flood control;
(B) the status of Indian and non-Indian historical
and cultural sites along the Missouri River;
(C) the extent of erosion along the Missouri River
(including tributaries of the Missouri River) in the
State; and
(D) other issues, as requested by the Task Force.
(2) Consultation.--In preparing the report under paragraph
(1), the Secretary shall consult with--
(A) the Secretary of Energy;
(B) the Secretary of the Interior;
(C) the Secretary of Agriculture;
(D) the State; and
(E) Indian tribes in the State.
(e) Plan for Use of Funds Made Available by This Title.--
(1) In <<NOTE: Deadline.>> general.--Not later than 3 years
after the date on which funding authorized under this title
becomes available, the Task Force shall prepare a plan for the
use of funds made available under this title.
(2) Contents of plan.--The plan shall provide for the manner
in which the Task Force shall develop and recommend critical
restoration projects to promote--
[[Page 114 STAT. 2710]]
(A) conservation practices in the Missouri River
watershed;
(B) the general control and removal of sediment from
the Missouri River;
(C) the protection of recreation on the Missouri
River from sedimentation;
(D) the protection of Indian and non-Indian
historical and cultural sites along the Missouri River
from erosion;
(E) erosion control along the Missouri River; or
(F) any combination of the activities described in
subparagraphs (A) through (E).
(3) Plan <<NOTE: Public information.>> review and
revision.--
(A) In general.--The Task Force shall make a copy of
the plan available for public review and comment before
the plan becomes final, in accordance with procedures
established by the Task Force.
(B) Revision of plan.--
(i) In general.--The Task Force may, on an
annual basis, revise the plan.
(ii) Public review and comment.--In revising
the plan, the Task Force shall provide the public
the opportunity to review and comment on any
proposed revision to the plan.
(f) Critical Restoration Projects.--
(1) In general.--After the plan is approved by the Task
Force under subsection (c)(2), the Secretary, in coordination
with the Task Force, shall identify critical restoration
projects to carry out the plan.
(2) Agreement.--The Secretary may carry out a critical
restoration project after entering into an agreement with an
appropriate non-Federal interest in accordance with section 221
of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this
section.
(3) Indian projects.--To the maximum extent practicable, the
Secretary shall ensure that not less than 30 percent of the
funds made available for critical restoration projects under
this title shall be used exclusively for projects that are--
(A) within the boundary of an Indian reservation; or
(B) administered by an Indian tribe.
(g) Cost Sharing.--
(1) Assessment.--
(A) Federal share.--The Federal share of the cost of
carrying out the assessment under subsection (d) shall
be 75 percent.
(B) Non-federal share.--The non-Federal share of the
cost of carrying out the assessment may be provided in
the form of services, materials, or other in-kind
contributions.
(2) Plan.--
(A) Federal share.--The Federal share of the cost of
preparing the plan under subsection (e) shall be 75
percent.
(B) Non-federal share.--Not more than 50 percent of
the non-Federal share of the cost of preparing the plan
may be provided in the form of services, materials, or
other in-kind contributions.
(3) Critical restoration projects.--
[[Page 114 STAT. 2711]]
(A) In general.--A non-Federal cost share shall be
required to carry out any critical restoration project
under subsection (f) that does not primarily benefit the
Federal Government, as determined by the Task Force.
(B) Federal share.--The Federal share of the cost of
carrying out a project under subsection (f) for which
the Task Force requires a non-Federal cost share under
subparagraph (A) shall be 65 percent, not to exceed
$5,000,000 for any critical restoration project.
(C) Non-federal share.--
(i) In general.--Not more than 50 percent of
the non-Federal share of the cost of carrying out
a project described in subparagraph (B) may be
provided in the form of services, materials, or
other in-kind contributions.
(ii) Required non-federal contributions.--For
any project described in subparagraph (B), the
non-Federal interest shall--
(I) provide all land, easements,
rights-of-way, dredged material disposal
areas, and relocations;
(II) pay all operation, maintenance,
replacement, repair, and rehabilitation
costs; and
(III) hold the United States
harmless from all claims arising from
the construction, operation, and
maintenance of the project.
(iii) Credit.--The Secretary shall credit the
non-Federal interest for all contributions
provided under clause (ii)(I).
SEC. 906. ADMINISTRATION.
(a) In General.--Nothing in this title diminishes or affects--
(1) any water right of an Indian tribe;
(2) any other right of an Indian tribe, except as
specifically provided in another provision of this title;
(3) any treaty right that is in effect on the date of
enactment of this Act;
(4) any external boundary of an Indian reservation of an
Indian tribe;
(5) any authority of the State that relates to the
protection, regulation, or management of fish, terrestrial
wildlife, and cultural and archaeological resources, except as
specifically provided in this title; or
(6) any authority of the Secretary, the Secretary of the
Interior, or the head of any other Federal agency under a law in
effect on the date of enactment of this Act, including--
(A) the National Historic Preservation Act (16
U.S.C. 470 et seq.);
(B) the Archaeological Resources Protection Act of
1979 (16 U.S.C. 470aa et seq.);
(C) the Fish and Wildlife Coordination Act (16
U.S.C. 661 et seq.);
(D) the Act entitled ``An Act for the protection of
the bald eagle'', approved June 8, 1940 (16 U.S.C. 668
et seq.);
(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et
seq.);
(F) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
[[Page 114 STAT. 2712]]
(G) the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.);
(H) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(I) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.); and
(J) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.).
(b) Federal Liability for Damage.--Nothing in this title relieves
the Federal Government of liability for damage to private property
caused by the operation of the Pick-Sloan program.
(c) Flood Control.--Notwithstanding any other provision of this
title, the Secretary shall retain the authority to operate the Pick-
Sloan program for the purposes of meeting the requirements of the Flood
Control Act of December 22, 1944 (33 U.S.C. 701-1 et seq.; 58 Stat.
887).
(d) Use of Funds.--Funds transferred to the Trust may be used to pay
the non-Federal share required under Federal programs.
SEC. 907. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this title $10,000,000 for each of fiscal years
2001 through 2005. Such sums shall remain available until expended.
(b) Existing Programs.--The Secretary shall fund programs authorized
under the Pick-Sloan program in existence on the date of enactment of
this Act at levels that are not less than funding levels for those
programs as of that date.
Approved December 11, 2000.
LEGISLATIVE HISTORY--S. 2796:
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HOUSE REPORTS: No. 106-1020 (Comm. of Conference).
SENATE REPORTS: No. 106-362 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 146 (2000):
Sept. 21, 25 considered and passed Senate.
Oct. 19, considered and passed House, amended.
Oct. 31, Senate agreed to conference report.
Nov. 3, House agreed to conference report.
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