67–474

106TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 106–1020

WATER RESOURCES DEVELOPMENT ACT OF 2000

OCTOBER 31, 2000.—Ordered to be printed

Mr. SHUSTER, from the committee of conference,

submitted the following

CONFERENCE REPORT

[To accompany S. 2796]

The committee of conference on the disagreeing votes of the

two Houses on the amendment of the House to the bill (S. 2796),

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, having met, after full and

free conference, have agreed to recommend and do recommend to

their respective Houses as follows:

That the Senate recede from its disagreement to the amendment of the House and agree to the same with an amendment as

follows:

In lieu of the matter proposed to be inserted by the House

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water Resources Development Act of 2000’’.

(b) TABLE OF CONTENTS.—

Sec. 1. Short title; 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.

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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.

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.

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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. 408–409. Arkansas River navigation system.

Sec. 410. Cache Creek basin, California.

Sec. 411. Estudillo Canal, San Leandro, California.

Sec. 412. Laguna Creek, Fremont, California.

Sec. 413. Lake Merritt, Oakland, California.

Sec. 414. Lancaster, California.

Sec. 415. Oceanside, California.

Sec. 416. San Jacinto watershed, California.

Sec. 417. Suisun Marsh, California.

Sec. 418. Delaware River watershed.

Sec. 419. Brevard County, Florida.

Sec. 420. Choctawhatchee River, Florida.

Sec. 421. Egmont Key, Florida.

Sec. 422. Upper Ocklawaha River and Apopka/Palatlakaha River basins, Florida.

Sec. 423. Lake Allatoona watershed, Georgia.

Sec. 424. Boise River, Idaho.

Sec. 425. Wood River, Idaho.

Sec. 426. Chicago, Illinois.

Sec. 427. Chicago sanitary and ship canal system, Chicago, Illinois.

Sec. 428. Long Lake, Indiana.

Sec. 429. Brush and Rock Creeks, Mission Hills and Fairway, Kansas.

Sec. 430. Atchafalaya River, Bayous Chene, Boeuf, and Black, Louisiana.

Sec. 431. Boeuf and Black, Louisiana.

Sec. 432. Iberia Port, Louisiana.

Sec. 433. Lake Pontchartrain Seawall, Louisiana.

Sec. 434. Lower Atchafalaya Basin, Louisiana.

Sec. 435. St. John the Baptist Parish, Louisiana.

Sec. 436. South Louisiana.

Sec. 437. Portsmouth Harbor and Piscataqua River, Maine and New Hampshire.

Sec. 438. Merrimack River basin, Massachusetts and New Hampshire.

Sec. 439. Wild Rice River, Minnesota.

Sec. 440. Port of Gulfport, Mississippi.

Sec. 441. Las Vegas Valley, Nevada.

Sec. 442. Upland disposal sites in New Hampshire.

Sec. 443. Southwest Valley, Albuquerque, New Mexico.

Sec. 444. Buffalo Harbor, Buffalo, New York.

Sec. 445. Jamesville Reservoir, Onondaga County, New York.

Sec. 446. Bogue Banks, Carteret County, North Carolina.

Sec. 447. Duck Creek watershed, Ohio.

Sec. 448. Fremont, Ohio.

Sec. 449. Steubenville, Ohio.

Sec. 450. Grand Lake, Oklahoma.

Sec. 451. Columbia Slough, Oregon.

Sec. 452. Cliff Walk in Newport, Rhode Island.

Sec. 453. Quonset Point channel, Rhode Island.

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Sec. 454. Dredged material disposal site, Rhode Island.

Sec. 455. Reedy River, Greenville, South Carolina.

Sec. 456. Chickamauga Lock and Dam, Tennessee.

Sec. 457. Germantown, Tennessee.

Sec. 458. 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, Lasalle 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.

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.

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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. DEFINITION OF SECRETARY.

In this Act, the term ‘‘Secretary’’ means the Secretary of the

Army.

TITLE I—WATER RESOURCES PROJECTS

SEC. 101. PROJECT AUTHORIZATIONS.

(a) PROJECTS WITH CHIEF’S REPORTS.—The following projects

for water resources development and conservation and other purposes are authorized to be carried out by the Secretary substantially

in accordance with the plans, and subject to the conditions, described in the respective reports designated in this 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

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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 nonFederal 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 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 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 nonFederal 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 BarVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00006 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
7

bara 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 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.

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(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

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.

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(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 nonFederal 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 nonFederal 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.

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.

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(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.

(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.

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(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 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.

12

(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.

(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 approVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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priate, 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, LOU- ISIANA.—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, LOU- ISIANA.—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.

(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.

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(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.

(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.

15

(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.

(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):

16

(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.

(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 to protect, restore, and create aquatic and related habitat, East Harbor

State Park, Ottawa County, Ohio.

17

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 nonFederal 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. WATERSHED AND RIVER BASIN ASSESSMENTS.

‘‘(a) IN GENERAL.—The Secretary may assess the water resources needs of river basins and watersheds of the United States,

including needs relating to—

‘‘(1) ecosystem protection and restoration;

‘‘(2) flood damage reduction;

‘‘(3) navigation and ports;

‘‘(4) watershed protection;

‘‘(5) water supply; and

‘‘(6) drought preparedness.

‘‘(b) COOPERATION.—An assessment under subsection (a) shall

be carried out in cooperation and coordination with—

‘‘(1) the Secretary of the Interior;

‘‘(2) the Secretary of Agriculture;

18

‘‘(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. TRIBAL PARTNERSHIP PROGRAM.

(a) DEFINITION OF INDIAN TRIBE.—In this section, the term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

450b).

(b) PROGRAM.—

(1) IN GENERAL.—In cooperation with Indian tribes and the

heads of other Federal agencies, the Secretary may study and

determine the feasibility of carrying out water resources development projects that—

(A) will substantially benefit Indian tribes; and

(B) are located primarily within Indian country (as defined in section 1151 of title 18, United States Code) or in

proximity to Alaska Native villages.

(2) MATTERS TO BE STUDIED.—A study conducted under

paragraph (1) may address—

(A) projects for flood damage reduction, environmental

restoration and protection, and preservation of cultural and

natural resources; and

19

(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 water supply project, shall be subject to the ability of

the non-Federal interest to pay.

‘‘(2) CRITERIA AND PROCEDURES.—The ability of a non-Federal interest to pay shall be determined by the Secretary in accordance with criteria and procedures in effect 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 proceVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00019 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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dures 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. 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. 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 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. REBURIAL AND CONVEYANCE AUTHORITY.

(a) DEFINITION OF INDIAN TRIBE.—In this section, the term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

450b).

(b) REBURIAL.—

(1) REBURIAL AREAS.—In consultation with affected Indian

tribes, the Secretary may identify and set aside areas at civil

works projects of the Department of the Army that may be used

to rebury Native American remains that—

(A) have been discovered on project land; and

(B) have been rightfully claimed by a lineal descendant

or Indian tribe in accordance with applicable Federal law.

(2) REBURIAL.—In consultation with and with the consent

of the lineal descendant or the affected Indian tribe, the SecVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00020 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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retary 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 nonFederal interests to preserve the level of flood protection

provided by a project to which subsection (a) applies.’’.

(b) APPLICABILITY.—The amendments made by subsection (a)

shall apply to any project or separable element of a project with respect to which the Secretary and the non-Federal interest have not

entered a project cooperation agreement on or before the date of enactment of this Act.

(c) TECHNICAL AMENDMENTS.—Section 402(b) of the Water Resources Development Act of 1986 (33 U.S.C. 701b–12(b)) is

amended—

(1) in the subsection heading by striking ‘‘FLOOD PLAIN’’

and inserting ‘‘FLOODPLAIN’’; and

(2) in the first sentence by striking ‘‘flood plain’’ and inserting ‘‘floodplain’’.

SEC. 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 carVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00021 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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ried 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 ENVIRON- MENT.—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. 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 GENERAL.—Not later than the last day of each calendar year, the Secretary shall provide to the Committee on

Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of

the Senate a report identifying any request submitted by a Federal agency (other than 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)—

23

(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. 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, 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.

24

SEC. 214. 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. DREDGED MATERIAL MARKETING AND RECYCLING.

(a) DREDGED MATERIAL MARKETING.—

(1) IN 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 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 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.

SEC. 216. 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.

25

(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 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 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 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;

(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 subparaVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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graph (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 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. 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. BEACH RECREATION.

Not 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. 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, 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 ‘‘designbuild’’ means an agreement between the Federal Government and a

27

contractor that provides for both the design and construction of a

project by a single contract.

(c) REPORT.—Not 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 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. 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 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—

(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:

28

‘‘(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 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) 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 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. 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 is necessary to complete the conveyance based on the entity’s ability to

pay.

29

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) 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 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, removal, and sale may

occur assuming acreage acquisitions pursuant to subsection (d) are

at least equal to the total acreage of the lands removed.

30

(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 in

31

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 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 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.

32

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.

33

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

34

(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 nonFederal interest to provide 50 percent of the costs of designing and

constructing the recreational facilities under subsection (a).

SEC. 320. BRECKENRIDGE, MINNESOTA.

(a) IN GENERAL.—The Secretary may complete the project for

flood damage reduction, Breckenridge, Minnesota, substantially in

35

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;

(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;

36

(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.

(C) REQUIRED CREDITING.—The Secretary shall credit

toward the non-Federal share of the costs of the hatchery

project—

37

(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.—

(1) IN GENERAL.—The Secretary shall reevaluate the acquisition, from willing sellers, for flood protection purposes, of wetVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00037 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
38

lands 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.

(5) EXPENDITURE OF FUNDS.—The Secretary may use funds

made available to carry out the Passaic River basin flood manVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00038 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
39

agement 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 nonFederal 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 the damage is

the result of a design deficiency, shall correct the deficiency.

40

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 nonFederal 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.

(H) Thence north along that line to a point on the

south line of First Avenue of that Addition.

41

(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 Resources

Development Act of 1990 (33 U.S.C. 2324), water supply storage

42

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 and Virginia if the reefs are preserved as permanent sanctuaries by the non-Federal interests, consistent with the recVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00042 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
43

ommendations 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. 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 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);

(3) ensure that dredged material from Long Island Sound

that is treated under the demonstration project is disposed of by

44

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. DECLARATION OF NONNAVIGABILITY FOR LAKE ERIE, NEW

YORK.

(a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC INTER- EST.—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;

(12) South 18°30′00′′ East a distance of 38.00 feet;

45

(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.

46

Thence southerly along the westerly formerly highway boundary

of Lake Shore Road, South 4°35′35′′ West a distance 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°l0′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;

47

(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;

(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;

48

(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;

(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. 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, ALA- BAMA.—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,

49

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 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 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

50

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-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).

51

(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).

(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

52

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 in paragraph (2) for public ownership and use by the town for fire

fighting 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.

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(3) REVERSION.—If the Secretary determines that the parcel

described in paragraph (2) ceases to be held in public ownership or used for fire fighting 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 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-ofway 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

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(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

(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-ofway 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

55

(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

(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.

56

(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 NE1⁄4, S11, T33N, R3E 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.

57

(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;

(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

58

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 subsection (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 subsection (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 improvements on the parcel of land described in subsection (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).

59

(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.—

(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

60

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

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

61

(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.

(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

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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:

(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.

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(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:

(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.

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(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 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;

(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. 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

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(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) 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).

(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. 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.

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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. 408–409. 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. 410. CACHE CREEK BASIN, CALIFORNIA.

(a) IN GENERAL.—The Secretary shall conduct a study to determine the feasibility of modifying the project for flood control, Cache

Creek Basin, California, authorized by section 401(a) of the Water

Resources Development Act of 1986 (100 Stat. 4112), to authorize

construction of features to mitigate impacts of the project on the

storm drainage system of the city of Woodland, California, that

have been caused by construction of a new south levee of the Cache

Creek Settling Basin.

(b) REQUIRED ELEMENTS.—The study shall include consideration of—

(1) an outlet works through the Yolo Bypass capable of receiving up to 1,600 cubic feet per second of storm drainage from

the city of Woodland and Yolo County;

(2) a low-flow cross-channel across the Yolo Bypass, including all appurtenant features, that is sufficient to route storm

flows of 1,600 cubic feet per second between the old and new

south levees of the Cache Creek Settling Basin, across the Yolo

Bypass, and into the Tule Canal; and

(3) such other features as the Secretary determines to be appropriate.

SEC. 411. 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. 412. 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. 413. 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. 414. 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

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corridors located at 52nd Street West, 35th Street West, North

Armargosa, and 20th Street East.

(b) REPORT.—Not later than September 30, 2001, the Secretary

shall transmit to Congress a report on the results of the evaluation.

SEC. 415. OCEANSIDE, CALIFORNIA.

Not 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. 416. 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. 417. 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. 418. 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.

(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. 419. BREVARD COUNTY, FLORIDA.

The 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.

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SEC. 420. 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. 421. 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. 422. 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. 423. 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

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. 424. 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. 425. 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. 426. 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.

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(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. 427. 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. 428. 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. 429. 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. 430. 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 of the River

and Harbor Act of 1968 (82 Stat. 731), and recommend a solution

to the problems.

SEC. 431. 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. 432. IBERIA PORT, LOUISIANA.

The Secretary shall conduct a study to determine the feasibility

of carrying out a project for navigation, Iberia Port, Louisiana.

SEC. 433. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.

Not 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. 434. 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. 435. 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

70

bank of the Mississippi River in St. John the Baptist Parish, Louisiana.

SEC. 436. 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. 437. 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. 438. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW

HAMPSHIRE.

(a) IN GENERAL.—The Secretary shall conduct a comprehensive

study of the water resources needs of the Merrimack River basin,

Massachusetts and New Hampshire, in the manner described in section 729 of the Water Resources Development Act of 1986 (100 Stat.

4164).

(b) CONSIDERATION OF OTHER STUDIES.—In carrying out this

section, the Secretary may take into consideration any studies conducted by the University of New Hampshire on environmental restoration of the Merrimack River System.

SEC. 439. WILD RICE RIVER, MINNESOTA.

The 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. 440. 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. 441. 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. 442. 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. 443. 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:

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‘‘(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. 444. 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. 445. 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.

SEC. 446. 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. 447. 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. 448. 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. 449. 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. 450. 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) 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—

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(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. 451. COLUMBIA SLOUGH, OREGON.

Not 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.

SEC. 452. 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. 453. 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. 454. 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. 455. 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. 456. 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. 457. 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.

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(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.

SEC. 458. 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 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.

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‘‘(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—

(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.

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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 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 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 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. 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:

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(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 GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary shall develop a plan

for activities of the Corps of Engineers that support the

management of Great Lakes fisheries.

(B) USE OF EXISTING DOCUMENTS.—To the maximum

extent practicable, the plan shall make use of and incorporate documents that relate to the Great Lakes and are in

existence on the date of enactment of this Act, such as

lakewide management plans and remedial action plans.

(C) COOPERATION.—The Secretary shall develop the

plan in cooperation with—

(i) the signatories to the Joint Strategic Plan for

Management of the Great Lakes Fisheries; and

(ii) other affected interests.

(2) PROJECTS.—The Secretary shall plan, design, and construct projects to support the restoration of the fishery, ecosystem, and beneficial uses of the Great Lakes.

(3) EVALUATION PROGRAM.—

(A) IN GENERAL.—The Secretary shall develop a program to evaluate the success of the projects carried out

under paragraph (2) in meeting fishery and ecosystem restoration goals.

(B) STUDIES.—Evaluations under subparagraph (A)

shall be conducted in consultation with the Great Lakes

Fishery Commission and appropriate Federal, State, and

local agencies.

(d) COOPERATIVE AGREEMENTS.—In carrying out this section,

the Secretary may enter into a cooperative agreement with the Great

Lakes Commission or any other agency established to facilitate active State participation in management of the Great Lakes.

(e) RELATIONSHIP TO OTHER GREAT LAKES ACTIVITIES.—No activity under this section shall affect the date of completion of any

other activity relating to the Great Lakes that is authorized under

other law.

(f) COST SHARING.—

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(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 EVAL- UATION.—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.—

(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

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(B) a framework for development of watershed or regional restoration plans.

(3) USE OF EXISTING INFORMATION.—In performing the assessment, the Secretary shall, to the maximum extent practicable, use—

(A) information that is available on the date of enactment of this Act; and

(B) ongoing efforts of all participating agencies.

(4) CRITERIA; FRAMEWORK.—

(A) IN GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary shall develop and

make available for public review and comment—

(i) criteria for identifying and prioritizing critical

problems and needs; and

(ii) a framework for development of watershed or

regional restoration plans.

(B) USE OF RESOURCES.—In developing the criteria

and framework, the Secretary shall make full use of all

available Federal, State, tribal, regional, and local resources.

(5) REPORT.—Not later than October 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—

(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.

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(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;

(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-ofway, 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

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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

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.

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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

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 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—

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(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—

(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—

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(A) 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, LASALLE 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, LaSalle 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.

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

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(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 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 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 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.

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(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.

(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

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serve 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 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.

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 AdministraVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00086 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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tion, 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 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’’.

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, MinVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00087 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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neapolis, 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

implement projects described in subsection (a) after entering into an

agreement with an appropriate non-Federal interest in accordance

with this section.

(c) COST 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 nonFederal 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.

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(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.

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 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

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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.

(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. 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

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(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. 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 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

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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.—

(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.

93

(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

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

94

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 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-OFWAY.—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).

(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.

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(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

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)—

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(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.

‘‘(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.

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‘‘(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 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 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 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;

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‘‘(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, 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 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.—

‘‘(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.

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‘‘(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 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 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 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 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.

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‘‘(j) SEDIMENT CONTAMINATION.—

‘‘(1) IN 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.—

‘‘(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

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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

(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’’.

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(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 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 maintaining or enhancing water quality in the Lake Champlain

watershed;

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(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 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, except any claim or damage that may arise from the negVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00103 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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ligence 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-OFWAY.—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.

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(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 Secretary may carry out projects

identified under subsection (c) after entering into an agreement with

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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.

(e) COST SHARING.— (1) IN 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 nonFederal interest for the value of any land, easement, rightof-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.

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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) 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

to in subsection (a), including any liability that may arise

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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 conVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00108 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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struction of the facilities referred to in subsection (a), 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,

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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. HYDROGRAPHIC SURVEY.

The Secretary shall enter into an agreement with the Administrator of the National Oceanic and Atmospheric Administration—

(1) 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 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 Judge

of Morgan County, Alabama, which are owned or may be acquired

by the Alabama Farmers Cooperative, Inc.

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TITLE 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.—

(A) IN GENERAL.—Except as modified by this section,

the Plan is approved as a framework for modifications and

112

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 nonFederal 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.

113

(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 nonFederal 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.

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(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 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.

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(2) PROJECT IMPLEMENTATION REPORTS.—Before implementation of any project feature authorized under this subsection,

the Secretary shall review and approve for the project feature

a project implementation report prepared in accordance with

subsections (f) and (h).

(3) FUNDING.—

(A) INDIVIDUAL PROJECT FUNDING.—

(i) FEDERAL COST.—The total Federal cost of each

project carried out under this subsection shall not exceed $12,500,000.

(ii) OVERALL COST.—The total cost of each project

carried out under this subsection shall not exceed

$25,000,000.

(B) AGGREGATE 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 nonFederal 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

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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

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

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(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.

(E) AUDITS.—Credit for land (including land value

and incidental costs) or work provided under this subsection shall be subject to audit by the Secretary.

(f) EVALUATION OF PROJECTS.—

(1) IN GENERAL.—Before implementation of a project authorized by subsection (c) or (d) or any of clauses (i) through (x)

of subsection (b)(2)(C), the Secretary, in cooperation with the

non-Federal sponsor, shall 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 nonFederal 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;

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(ii) an assessment of the requirements to divert

and treat the water;

(iii) an assessment of delivery alternatives;

(iv) an assessment of the feasibility of delivering

the water downstream while maintaining current levels

of flood protection to affected property; and

(v) any other assessments that are determined by

the Secretary to be necessary to complete the study.

(2) WASTEWATER REUSE.—

(A) IN GENERAL.—On completion and evaluation of the

wastewater reuse pilot project described in subsection

(b)(2)(B)(iv), the Secretary, in an appropriately timed 5-year

report, shall describe the results of the evaluation of advanced wastewater reuse in meeting, in a cost-effective

manner, the requirements of restoration of the natural system.

(B) SUBMISSION.—The Secretary shall submit to Congress the report described in subparagraph (A) before congressional authorization for advanced wastewater reuse is

sought.

(3) PROJECTS APPROVED WITH LIMITATIONS.—The following

projects in the Plan are approved for implementation with limitations:

(A) LOXAHATCHEE NATIONAL WILDLIFE REFUGE.—The

Federal share for land acquisition in the project to enhance

existing wetland systems along the Loxahatchee National

Wildlife Refuge, including the Stazzulla tract, should be

funded through the budget of the Department of the Interior.

(B) SOUTHERN CORKSCREW REGIONAL ECOSYSTEM.—

The Southern Corkscrew regional ecosystem watershed addition should be accomplished outside the scope of the

Plan.

(h) ASSURANCE OF PROJECT BENEFITS.—

(1) IN GENERAL.—The overarching objective of the Plan is

the restoration, preservation, and protection of the South Florida Ecosystem while providing for other water-related needs of

the region, including water supply and flood protection. The

Plan shall be implemented to ensure the protection of water

quality in, the reduction of the loss of fresh water from, the improvement of the environment of the South Florida Ecosystem

and to achieve and maintain the benefits to the natural system

and human environment described in the Plan, and required

pursuant to this 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

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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 (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 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 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

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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

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.

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(ii) COORDINATION.—In developing a project implementation report, the Secretary and the non-Federal

sponsor shall coordinate with appropriate Federal,

State, tribal, and local governments.

(iii) REQUIREMENTS.—A project implementation report shall—

(I) be consistent with the Plan and the programmatic regulations promulgated under paragraph (3);

(II) describe how each of the requirements stated in paragraph (3)(B) is satisfied;

(III) comply with the National Environmental

Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(IV) identify the appropriate quantity, timing,

and distribution of water dedicated and managed

for the natural system;

(V) identify the amount of water to be reserved

or allocated for the natural system necessary to implement, under State law, subclauses (IV) and

(VI);

(VI) comply with applicable water quality

standards and applicable water quality permitting

requirements under subsection (b)(2)(A)(ii);

(VII) be based on the best available science;

and

(VIII) include an analysis concerning the costeffectiveness 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 impleVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00121 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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mentation 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—

(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 GENERAL.—The Secretary and the Governor shall

within 180 days from the date of enactment of this Act develop

an agreement for resolving disputes between the Corps of Engineers and the State associated with the implementation of the

Plan. Such agreement shall establish a mechanism for the timely and efficient resolution of disputes, including—

(A) a preference for the resolution of disputes between

the Jacksonville District of the Corps of Engineers and the

South Florida Water Management District;

(B) a mechanism for the Jacksonville District of the

Corps of Engineers or the South Florida Water Management District to initiate the dispute resolution process for

unresolved issues;

(C) the establishment of appropriate timeframes and

intermediate steps for the elevation of disputes to the Governor and the Secretary; and

(D) a mechanism for the final resolution of disputes,

within 180 days from the date that the dispute resolution

process is initiated under subparagraph (B).

(2) CONDITION FOR REPORT APPROVAL.—The Secretary shall

not approve a project implementation report under this 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.—

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(1) IN 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.—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 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

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(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 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 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.

(2) FUNDING FROM CORPS OF ENGINEERS CIVIL WORKS PRO- GRAM.—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 longterm 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

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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 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) 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 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;

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(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;

(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.

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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.

(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;

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(3) review projects to meet the goals of the plan; and

(4) recommend to the Secretary critical projects for implementation.

(d) ASSESSMENT.—

(1) IN 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

(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 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 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.

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(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 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 inkind 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 nonFederal interest shall—

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(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 nonFederal 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

(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).

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(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 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 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

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(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, or substitute for, an existing cabin site lease under paragraph (2).

(2) DETERMINATION; 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 opporVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00132 Fmt 6659 Sfmt 6603 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
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tunity to acquire a comparable cabin site within the same cabin

site area.

(b) RESPONSE.—

(1) NOTICE OF INTEREST.—

(A) IN 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;

(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

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(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

(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—

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(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 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

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(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 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).

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

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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

(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

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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.

TITLE 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;

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(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;

(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).

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(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;

(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 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—

141

(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 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 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.

142

(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 inkind contributions.

(3) CRITICAL RESTORATION PROJECTS.—

(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 nonFederal 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.

143

(iii) CREDIT.—The Secretary shall credit the nonFederal 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.);

(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

144

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.

And the House agree to the same.

BUD SHUSTER,

DON YOUNG,

SHERWOOD BOEHLERT,

CLAY SHAW,

JIM OBERSTAR,

BOB BORSKI,

ROBERT MENENDEZ,

Managers on the Part of the House.

BOB SMITH,

JOHN WARNER,

MAX BAUCUS,

BOB GRAHAM,

Managers on the Part of the Senate.

(145)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF

CONFERENCE

The Managers on the part of the House and Senate at the conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2796), 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, submit the following joint statement to the House and

Senate in explanation of the effect of the action agreed upon by the

managers and recommended in the accompanying conference report:

The House amendment struck all of the Senate bill after the

enacting clause and inserted a substitute text.

The Senate recedes from its disagreement to the amendment

of the House with an amendment that is a substitute for the Senate bill and the House amendment. The differences among the Senate bill, the House amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming

changes made necessary by agreements reached by the Managers,

and minor drafting and clerical changes.

TITLE I—WATER RESOURCES PROJECTS

SECTION 101. PROJECT AUTHORIZATIONS

101(a) Projects with Chief’s Reports

101(a)(1) Barnegat Inlet to Little Egg Inlet, New Jersey. House

§ 101(a)(1), Senate § 101(a)(1).—House recedes.

101(a)(2) Port of New York and New Jersey, New York and

New Jersey. House § 101(a)(2), Senate § 101(a)(2).—House recedes,

with an amendment.

This provision allows the Secretary to provide credit for cash

or in-kind services and materials provided by the local sponsor of

the navigation project, as well as betterments or other work done

prior to the execution of the project cooperation agreement, to expedite the project and reduce overall project costs. Nothing in this

section limits the availability of credit provided by the Secretary to

the local sponsor of the project under section 204 of the Water Resources Development Act of 1986. Such credit would be applied to

the non-Federal share of the project cost.

101(b) Projects subject to report

The conference report includes project authorizations for which

the Chief of Engineers has not yet completed a final report, but for

which such reports are anticipated by December 31, 2000. These

projects have been included in order to assure that projects anticipated to satisfy the necessary technical documentation by DecemVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00145 Fmt 6601 Sfmt 6601 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
146

ber 31, 2000 are not delayed in each case that the final favorable

reports can be completed by the end of 2000.

101(b)(1) False Pass Harbor, Alaska. House § 101(b)(1), Senate

§ 101(b)(1).—House recedes, with an amendment.

101(b)(2) Unalaska Harbor, Alaska. House § 101(b)(2), Senate

§ 101(b)(2).—House recedes, with an amendment.

101(b)(3) Rio De Flag, Flagstaff, Arizona. House § 101(b)(3),

Senate § 101(b)(3).—Same.

101(b)(4) Tres Rios, Arizona. House § 101(b)(4), Senate

§ 101(b)(4).—Same.

101(b)(5) Los Angeles Harbor, California. House § 101(b)(5),

Senate § 101(b)(5).—Same.

101(b)(6) Murrieta Creek, California. House § 101(b)(6), Senate

§ 101(b)(6).—House recedes, with an amendment.

101(b)(7) Pine Flat Dam, California. Senate § 101(b)(7). No

comparable House section.—House recedes.

101(b)(8) Santa Barbara Streams, Lower Mission Creek, California. House § 101(b)(7), Senate § 101(b)(9).—Same.

101(b)(9) Upper Newport Bay, California. House § 101(b)(8),

Senate § 101(b)(10).—Same.

101(b)(10) Whitewater River Basin, California. House

§ 101(b)(9), Senate § 101(b)(11).—Same.

101(b)(11) Delaware Coast from Cape Henlopen to Fenwick Island. House § 101(b)(10), Senate § 101(b)(12).—House recedes.

101(b)(12) Port Sutton, Florida. House § 101(b)(11), Senate

§ 101(b)(13).—Senate recedes, with an amendment.

101(b)(13) Barbers Point Harbor, Hawaii. House § 101(b)(12).

No comparable Senate section.—Senate recedes.

101(b)(14) John Myers Lock and Dam, Indiana and Kentucky.

House § 101(b)(13), Senate § 101(b)(14).—House recedes, with an

amendment.

101(b)(15) Greenup Lock and Dam, Kentucky and Ohio. House

§ 101(b)(14), Senate § 101(b)(15).—House recedes.

101(b)(16) Ohio River Mainstem, Kentucky, Illinois, Indiana,

Ohio, Pennsylvania, and West Virginia. House § 101(b)(15), Senate

§ 101(b)(21).—House recedes, with an amendment.

101(b)(17) Morganza, Louisiana. Senate § 101(b)(16). No comparable House section.—House recedes.

101(b)(18) Monarch-Chesterfield, Missouri. House § 101(b)(16),

Senate § 101(b)(17).—Senate recedes, with an amendment.

101(b)(19) Antelope Creek, Lincoln, Nebraska. House

§ 101(b)(17). No comparable Senate section.—Senate recedes.

101(b)(20) Sand Creek Watershed, Wahoo, Nebraska. House

§ 101(b)(18). No comparable Senate section.—Senate recedes.

101(b)(21) Western Sarpy and Clear Creek, Nebraska. House

§ 101(b)(19). No comparable Senate section.—Senate recedes.

101(b)(22) Raritan Bay and Sandy Hook Bay, Cliffwood Beach,

New Jersey. House § 101(b)(20). No comparable Senate section.—

Senate recedes, with an amendment.

101(b)(23) Raritan Bay and Sandy Hook Bay, Port Monmouth,

New Jersey. House § 101(b)(21), Senate § 101(b)(18).—House recedes, with an amendment.

147

101(b)(24) Dare County Beaches, North Carolina. House

§ 101(b)(22). No comparable Senate section.—Senate recedes, with

an amendment.

101(b)(25) Wolf River, Tennessee. House § 101(b)(23), Senate

§ 101(b)(19).—Senate recedes, with an amendment.

101(b)(26) Duwamish/Green, Washington. House § 101(b)(24).

No comparable Senate section.—Senate recedes, with an amendment.

101(b)(27) Stillagumaish River Basin, Washington. House

§ 101(b)(25). No comparable Senate section.—Senate recedes.

101(b)(28) Jackson Hole, Wyoming. House § 101(b)(26), Senate

§ 101(b)(20).—House recedes.

SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION

102(a)(1) Buffalo Island, Arkansas. House § 102(a)(1). No comparable Senate section.—Senate recedes.

102(a)(2) Anaverde Creek, Palmdale, California. House

§ 102(a)(2). No comparable Senate section.—Senate recedes.

102(a)(3) Castaic Creek, Old Road Bridge, Santa Clarita, California. House § 102(a)(3). No comparable Senate section.—Senate

recedes.

102(a)(4) Santa Clara River, Old Road Bridge, Santa Clarita,

California. House § 102(a)(4). No comparable Senate section.—Senate recedes.

102(a)(5) Weiser River, Idaho. Senate § 106(1). No comparable

House section.—House recedes.

102(a)(6) Columbia Levee, Columbia, Illinois. House § 102(a)(5).

No comparable Senate section.—Senate recedes.

102(a)(7) East-West Creek, Riverton, Illinois. House § 102(a)(6).

No comparable Senate section.—Senate recedes.

102(a)(8) Prairie Du Pont, Illinois. House § 102(a)(7). No comparable Senate section.—Senate recedes.

102(a)(9) Monroe County, Illinois. House § 102(a)(8). No comparable Senate section.—Senate recedes.

102(a)(10) Willow Creek, Meredosia, Illinois. House § 102(a)(9).

No comparable Senate section.—Senate recedes.

102(a)(11) Dykes Branch Channel, Leawood, Kansas. House

§ 102(a)(10). No comparable Senate section.—Senate recedes.

102(a)(12) Dykes Branch Tributaries, Leawood, Kansas. House

§ 102(a)(11). No comparable Senate section.—Senate recedes.

102(a)(13) Kentucky River, Frankfort, Kentucky. House

§ 102(a)(12). No comparable Senate section.—Senate recedes.

102(a)(14) Bayou Tete L’Ours, Louisiana. Senate § 106(2). No

comparable House section.—House recedes.

102(a)(15) Bossier City, Louisiana. Senate § 106(3). No comparable House section.—House recedes.

102(a)(16) Bossier Parish, Louisiana. Senate § 105(5). No comparable House section.—House recedes.

102(a)(17) Braithwaite Park, Louisiana. Senate § 106(4). No

comparable House section.—House recedes.

102(a)(18) Crown Point, Louisiana. Senate § 106(6). No comparable House section.—House recedes.

102(a)(19) Donaldsonville Canals, Louisiana. Senate § 106(7).

No comparable House section.—House recedes.

148

102(a)(20) Goose Bayou, Louisiana. Senate § 106(8). No comparable House section.—House recedes.

102(a)(21) Gumby Dam, Louisiana. Senate § 106(9). No comparable House section.—House recedes.

102(a)(22) Hope Canal, Louisiana. Senate § 106(10). No comparable House section.—House recedes.

102(a)(23) Jean Lafitte, Louisiana. Senate § 106(11). No comparable House section.—House Recedes.

102(a)(24) Lakes Maurepas and Pontchartrain Canals, St. John

the Baptist Parish, Louisiana. House § 102(a)(13). No comparable

Senate section.—Senate recedes.

In conducting the study for this flood damage reduction project,

the Managers expect that the Secretary will consider improvements

to Hope, DuPont, Bourgeois, Belpoint, Dufresne, Guillot, Godchaux

Canals.

102(a)(25) Lockport to Larose, Louisiana. Senate § 106(12). No

comparable House section.—House recedes.

102(a)(26) Lower Lafitte Basin, Louisiana. Senate § 106(13). No

comparable House section.—House recedes.

102(a)(27) Oakville to Lareussite, Louisiana. Senate § 106(14).

No comparable House section.—House recedes.

102(a)(28) Pailet Basin, Louisiana. Senate § 106(15). No comparable House section.—House recedes.

102(a)(29) Pochitolawa Creek, Louisiana. Senate § 106(16). No

comparable House section.—House recedes.

102(a)(30) Rosethorn Basin, Louisiana. Senate § 106(17). No

comparable House section.—House recedes.

102(a)(31) Shreveport, Louisiana. Senate § 106(18). No comparable House section.—House recedes.

102(a)(32) Stephensville, Louisiana. Senate § 106(19). No comparable House section.—House recedes.

102(2)(33) St. John the Baptist Parish, Louisiana. Senate

§ 106(20), House § 425.—House recedes.

102(a)(34) Magby Creek and Vernon Branch, Mississippi. Senate § 106(21). No comparable House section.—House recedes.

102(a)(35) Pennsville Township, Salem County, New Jersey.

House § 102(a)(14). No comparable Senate section.—Senate recedes.

102(a)(36) Hempstead, New York. House § 102(a)(15). No comparable Senate section.—Senate recedes.

102(a)(37) Highland Brook, Highland Falls, New York. House

§ 102(a)(16). No comparable Senate section.—Senate recedes.

102(a)(38) Lafayette Township, Ohio. House § 102(a)(17). No

comparable Senate section.—Senate recedes.

102(a)(39) West Lafayette, Ohio. House § 102(a)(18). No comparable Senate section.—Senate recedes.

102(a)(40) Bear Creek and Tributaries, Medford, Oregon.

House § 102(a)(19). No comparable Senate section.—Senate recedes.

102(a)(41) Delaware Canal and Brock Creek, Yardley Borough,

Pennsylvania. House § 102(a)(20). No comparable Senate section.—

Senate recedes.

102(a)(42) Fritz Landing, Tennessee. Senate § 106(22). No comparable House section.—House recedes.

102(a)(43) First Creek, Fountain City, Knoxville, Tennessee.

House § 102(a)(21). No comparable Senate section.—Senate recedes.

149

102(a)(44) Mississippi River, Ridgely, Tennessee. House

§ 102(22). No comparable Senate section.—Senate recedes.

102(b) MAGPIE CREEK, SACRAMENTO COUNTY, CALIFORNIA. House § 102(b). No comparable Senate section.—Senate

recedes, with an amendment.

SEC. 103. SMALL PROJECTS FOR EMERGENCY STREAMBANK

PROTECTION

103(1) Maumee River, Fort Wayne, Indiana. House § 103(1). No

comparable Senate section.—Senate recedes.

103(2) Bayou De Glaises, Louisiana. Senate § 105(1). No comparable House section.—House recedes.

103(3) Bayou Plaquemine, Louisiana. Senate § 105(2). No comparable House section.—House recedes.

103(4) Bayou Sorrell, Iberville Parish, Louisiana. House

§ 103(2). No comparable Senate section.—Senate recedes.

103(5) Hammond, Louisiana. Senate § 105(3). No comparable

House section.—House recedes.

103(6) Iberville Parish, Louisiana. Senate § 105(4). No comparable House section.—House recedes.

103(7) Lake Arthur, Louisiana. Senate § 105(5). No comparable

House section.—House recedes.

103(8) Lake Charles, Louisiana. Senate § 105(6). No comparable House section.—House recedes.

103(9) Loggy Bayou, Louisiana. Senate § 105(7). No comparable

House section.—House recedes.

103(10) Scotlandville Bluff, Louisiana. Senate § 105(8). No comparable House section.—House recedes.

SEC. 104. SMALL PROJECTS FOR NAVIGATION

104(1) Whittier, Alaska. House § 104(1). No comparable Senate

section.—Senate recedes.

104(2) Cape Coral, Florida. House § 104(2), Senate § 103(1).—

Same.

104(3) Houma Navigation, Louisiana. Senate § 103(2). No comparable House section.—House recedes.

104(4) Vidalia Port, Louisiana. Senate § 103(3). No comparable

House section.—House recedes.

104(5) East Two Rivers, Tower, Minnesota. House § 104(3). No

comparable Senate section.—Senate recedes.

104(6) Erie Basin Marina, Buffalo, New York. House § 104(4).

No comparable Senate section.—Senate recedes.

104(7) Lake Michigan, Lakeshore State Park, Milwaukee, Wisconsin. House § 104(5). No comparable Senate section.—Senate recedes.

104(8) Saxon Harbor, Francis, Wisconsin. House § 104(6). No

comparable Senate section.—Senate recedes.

SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF

THE ENVIRONMENT

105(1) Nahant Marsh, Davenport, Iowa. House § 105. No comparable Senate section.—Senate recedes.

150

105(2) Bayou Sauvage National Wildlife Refuge, Louisiana.

Senate § 107(1). No comparable House section.—House recedes.

105(3) Gulf Intracoastal Waterway, Bayou Plaquemine, Louisiana. Senate § 107(2). No comparable House section.—House recedes.

105(4) Gulf Intracoastal Waterway, Miles 220 to 225.5, Louisiana. Senate § 107(3). No comparable House section.—House recedes.

105(5) Gulf Intracoastal Waterway, Weeks Bay, Louisiana.

Senate § 107(4). No comparable House section.—House recedes.

105(6) Lake Fausse Point, Louisiana. Senate § 107(5). No comparable House section.—House recedes.

105(7) Lake Providence, Louisiana. Senate § 107(6). No comparable House section.—House recedes.

105(8) New River, Louisiana. Senate § 107(7). No comparable

House section.—House recedes.

105(9) Erie County, Ohio. Senate § 107(8). No comparable

House section.—House recedes.

105(10) Muskingum County, Ohio. Senate § 107(9). No comparable House section.—House recedes.

SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION

106(a)(1) Arkansas River, Pueblo, Colorado. House § 106(1). No

comparable Senate section.—Senate recedes.

106(a)(2) Hayden Diversion Project, Yampa River, Colorado.

House § 106(2). No comparable Senate section.—Senate recedes.

106(a)(3) Little Econlockhatchee River Basin, Florida. House

§ 106(3). No comparable Senate section.—Senate recedes.

106(a)(4) Loxahatchee Slough, Palm Beach County, Florida.

House § 106(4). No comparable Senate section.—Senate recedes.

106(a)(5) Stevenson Creek Estuary, Florida. House § 106(5). No

comparable Senate section.—Senate recedes.

106(a)(6) Chouteau Island, Madison County, Illinois. House

§ 106(6). No comparable Senate section.—Senate recedes.

106(a)(7) Braud Bayou, Louisiana. Senate § 109(a)(1). No comparable House section.—House recedes.

106(a)(8) Buras Marina, Louisiana. Senate § 109(a)(2). No comparable House section.—House recedes.

106(a)(9) Comite River, Louisiana. Senate § 109(a)(3). No comparable House section.—House recedes.

106(a)(10) Department of Energy 21-Inch Pipeline Canal, Louisiana. Senate § 109(a)(4). No comparable House section.—House

recedes.

106(a)(11) Lake Borgne, Louisiana. Senate § 109(a)(5). No comparable House section.—House recedes.

106(a)(12) Lake Martin, Louisiana. Senate § 109(a)(6). No comparable House section.—House recedes.

106(a)(13) Luling, Louisiana. Senate § 109(a)(7). No comparable

House section.—House recedes.

106(a)(14) Mandeville, Louisiana. Senate § 109(a)(8). No comparable House section.—House recedes.

106(a)(15) St. James, Louisiana. Senate § 109(a)(9). No comparable House section.—House recedes.

151

106(a)(16) Saginaw Bay, Bay City, Michigan. House § 106(7).

No comparable Senate section.—Senate recedes.

106(a)(17) Rainwater Basin, Nebraska. House § 106(8). No comparable Senate section.—Senate recedes.

106(a)(18) Mines Falls Park, New Hampshire. Senate

§ 109(a)(10). No comparable House section.—House recedes.

106(a)(19) North Hampton, New Hampshire. Senate

§ 109(a)(11). No comparable House section.—House recedes.

106(a)(20) Cazenovia Lake, Madison County, New York. House

§ 106(9). No comparable Senate section.—Senate recedes.

106(a)(21) Chenango Lake, Chenango County, New York.

House § 106(10). No comparable Senate section.—Senate recedes.

106(a)(22) Eagle Lake, New York. House § 106(11). No comparable Senate section.—Senate recedes.

106(a)(23) Ossining, New York. House § 106(12). No comparable Senate section.—Senate recedes.

106(a)(24) Saratoga Lake, New York. House § 106(13). No comparable Senate section.—Senate recedes.

106(a)(25) Schroon Lake, New York. House § 106(14). No comparable Senate section.—Senate recedes.

106(a)(26) Highland County, Ohio. Senate § 109(a)(12). No comparable House section.—House recedes.

106(a)(27) Hocking County, Ohio. Senate § 109(a)(13). No comparable House section.—House recedes.

106(a)(28) Middle Cuyahoga River, Kent, Ohio. House

§ 106(15). No comparable Senate section.—Senate recedes.

106(a)(29) Tuscarawas County, Ohio. Senate § 109(a)(14). No

comparable House section.—House recedes.

106(a)(30) Delta Ponds, Oregon. Senate § 109(a)(16). No comparable House section.—House recedes.

106(a)(31) Central Amazon Creek, Eugene, Oregon. House

§ 106(16), Senate § 109(a)(15).—Same.

106(a)(32) Eugene Millrace, Eugene, Oregon. House § 106(17),

Senate § 109(a)(17).—Same.

106(a)(33) Bear Creek Watershed, Medford, Oregon. Senate

§ 109(a)(18). No comparable House section.—House recedes.

106(a)(34) Lone Pine and Lazy Creeks, Medford, Oregon.

House § 106(18). No comparable Senate section.—Senate recedes.

106(a)(35) Roslyn Lake, Oregon. Senate § 109(a)(19). No comparable House section.—House recedes.

106(a)(36) Tullytown Borough, Pennsylvania. House § 106(19).

No comparable Senate section.—Senate recedes.

106(b) Salmon River, Idaho. Senate § 106(b). No comparable

House section.—House recedes.

SEC. 107. SMALL PROJECTS FOR SHORELINE PROTECTION

107(1) Lake Palourde, Louisiana. Senate § 102(1). No comparable House section.—House recedes.

107(2) St. Bernard, Louisiana. Senate § 102(2). No comparable

House section.—House recedes.

107(3) Hudson River, Dutchess County, New York. House

§ 107. No comparable Senate section.—Senate recedes.

152

SEC. 108. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL

108(1) Sangamon River and Tributaries, Riverton, Illinois.

House § 108. No comparable Senate section.—Senate recedes.

108(2) Bayou Manchac, Louisiana. Senate § 104(1). No comparable House section.—House recedes, with an amendment.

108(3) Black Bayou and Hippolyte Coulee, Louisiana. Senate

§ 104(2). No comparable House section.—House recedes, with an

amendment.

SEC. 109. SMALL PROJECT FOR MITIGATION OF SHORE DAMAGE

109. Puget Island, Columbia River. House § 344. No comparable Senate section.—Senate recedes, with an amendment.

SEC. 110. BENEFICIAL USES OF DREDGED MATERIAL

110 (1) Houma Navigation Canal, Louisiana. Senate § 108(1).

No comparable House section.—House recedes.

110 (2) Mississippi River Gulf Outlet, Mile -3 to Mile -9, Louisiana. Senate § 108(2). No comparable House section.—House recedes.

110(3) Mississippi River Gulf Outlet, Mile 11 to Mile 4, Louisiana. Senate § 108(3). No comparable House section.—House recedes.

110(4) Plaquemines Parish, Louisiana. Senate § 108(4). No

comparable House section.—House recedes.

110(5) St. Louis County, Minnesota. House § 528. No comparable Senate section.—Senate recedes, with an amendment.

110(6) Ottawa County, Ohio. Senate § 108(5). No comparable

House section.—House recedes.

SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES

House § 557, Senate § 111.—House recedes, with an amendment.

SEC. 112. PETALUMA RIVER, PETALUMA, CALIFORNIA

House § 109, Senate § 304.—Senate recedes, with an amendment.

TITLE II—GENERAL PROVISIONS

SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES

Senate § 201. No comparable House section.—House recedes,

with an amendment.

SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS

House § 402, Senate § 202.—House recedes, with an amendment.

SEC. 203. TRIBAL PARTNERSHIP PROGRAM

House § 206, Senate § 203.—House recedes, with an amendment.

153

SEC. 204. ABILITY TO PAY

House § 208, Senate § 204.—House recedes, with an amendment.

SEC. 205. PROPERTY PROTECTION PROGRAM

Senate § 205, House § 210.—House recedes.

SEC. 206. NATIONAL RECREATION RESERVATION SERVICE

Senate § 206, House § 577.—House recedes.

SEC. 207. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY

House § 209, Senate § 208.—Senate recedes.

SEC. 208. REBURIAL AND CONVEYANCE AUTHORITY

House § 207, Senate § 209.—House recedes.

SEC. 209. FLOODPLAIN MANAGEMENT REQUIREMENTS

Senate § 212. No comparable House section.—House recedes,

with an amendment.

SEC. 210. NONPROFIT ENTITIES

Senate § 213, House § 203.—Senate recedes, with an amendment.

SEC. 211. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES

Senate § 215, House § 213.—House recedes.

SEC. 212. HYDROELECTRIC POWER PROJECT FUNDING

Senate § 216. No comparable House section.—House recedes,

with an amendment.

SEC. 213. ASSISTANCE PROGRAMS

Senate § 217. No comparable House section.—House recedes.

SEC. 214. FUNDING TO PROCESS PERMITS

Senate § 218. No comparable House section.—House recedes,

with an amendment.

SEC. 215. DREDGED MATERIAL MARKETING AND RECYCLING

House § 573, Senate § 219.—House recedes, with an amendment.

SEC. 216. NATIONAL ACADEMY OF SCIENCES STUDY

Senate § 220. No comparable House section.—House recedes.

SEC. 217. REHABILITATION OF FEDERAL FLOOD CONTROL LEVEES

House § 204. No comparable Senate section.—Senate recedes.

154

SEC. 218. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD

CONTROL PROJECTS

House § 222. No comparable Senate section.—Senate recedes.

SEC. 219. ENGINEERING CONSULTING SERVICES

House § 211. No comparable Senate section.—Senate recedes.

The Managers recognize that there exist a potential for a conflict of interest where the Secretary and the non-Federal sponsor

of a project each hire the same person for engineering and consulting services during a feasibility study. Therefore the Managers

encourage the Secretary to take appropriate action to ensure that

the Secretary and the non-Federal sponsor of a project do not employ the same person for engineering and consulting services unless there is only one qualified and responsive bidder for such services.

SEC. 220. BEACH RECREATION

House § 212. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 221. DESIGN-BUILD CONTRACTING

House § 214. No comparable Senate section.—Senate recedes,

with an amendment.

The Managers have included this section that will test the design-build method of project delivery on various civil works projects

of the Corps of Engineers. In carrying out this section, the Managers expect that the Corps will employ the two-phase design-build

selection procedures enacted by Congress in the Federal Acquisition Reform Act (FARA) of 1996 (110 Stat. 642).

SEC. 222. ENHANCED PUBLIC PARTICIPATION

House § 216. No comparable Senate section.—Senate recedes.

SEC. 223. MONITORING

House § 217. No comparable Senate section.—Senate recedes.

SEC. 224. FISH AND WILDLIFE MITIGATION

House § 219. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 225. FEASIBILITY STUDIES AND PLANNING, ENGINEERING, AND

DESIGN

House § 223. No comparable Senate section.—Senate recedes.

The Managers recognize the difficulties some non-Federal partners may have in fulfilling their financial obligation related to the

cost sharing of feasibility studies. The non-Federal share is 50 percent. This section gives non-Federal sponsors the option of providing up to 100 percent of their share of the feasibility study cost

through in-kind contributions which could be services, materials,

supplies, or other in-kind contributions necessary to prepare the

feasibility report.

155

SEC. 226. ADMINISTRATIVE COSTS OF LAND CONVEYANCES

House § 224. No comparable Senate section.—Senate recedes,

with an amendment.

When the Corps is given authority to convey land to non-federal governmental, nonprofit, or not-for-profit entities, the administrative costs of the transfer, to include real estate transaction and

environmental compliance costs, are generally the responsibility of

the entity receiving the property. The Managers are aware of a few

instances where the imposition of these administrative costs poses

a hardship to entities in economically deprived areas. It is apparent in some cases that the administrative cost associated with

these transfers exceeds the value of the land. The Managers believe

that this requirement to pay administrative costs should not be a

precluding factor when land that is excess to Corps project purposes can be put to beneficial use. Therefore, the Managers have

provided in this section that in such cases, the Secretary may limit

the administrative costs.

In carrying out this section the Managers believe the Secretary

should give priority consideration for a limitation on the administrative costs to Summerfield Cemetery Association, Wister, Oklahoma for a conveyance at Wister Lake, to the Choctaw County Industrial Authority, Hugo, Oklahoma for a conveyance at Lake

Hugo, and to recipients of the conveyance at Candy Lake, Oklahoma.

Also, the Managers find that the economic trends in southeastern Oklahoma related to unemployment and per capita income

are not conducive to local economic development, and efforts to improve the management of water in the region would have a positive

influence on the local economy, help reverse these trends, and improve the lives of local residents. The Managers believe that the

State of Oklahoma and the Choctaw Nation, Oklahoma, should establish a State-tribal commission composed equally of representatives of such Nations and residents of the water basins within the

boundaries of such Nations for the purpose of administering and

distributing from the sale of water any benefits and net revenues

to the tribes and local entities within the respective basins; any

sale of water to entities outside the basins should be consistent

with the procedures and requirements established by the commission; and if requested, the Secretary should provide assistance, as

appropriate, to facilitate the efforts of the commission. Such a commission focusing on the Kiamichi River Basin and other basins

within the Choctaw and Chickasaw Nations would allow all entities (State of Oklahoma, Choctaw and Chickasaw Nations, and

residents of local basin(s)) to work cooperatively to see that the

benefits and revenues being generated from the sale/use of water

to entities outside the respective basins are distributed in an agreeable manner.

SEC. 227. FLOOD MITIGATION AND RIVERINE RESTORATION

House § 205, Senate § 110.—Senate recedes, with an amendment.

156

TITLE III—PROJECT RELATED PROVISIONS

SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE MITIGATION

PROJECT, ALABAMA AND MISSISSIPPI

Senate § 301. No comparable House section.—House recedes.

SEC. 302. NOGALES WASH AND TRIBUTARIES, NOGALES, ARIZONA

House § 301. No comparable Senate section.—Senate recedes.

SEC. 303. BOYDSVILLE, ARKANSAS

Senate § 302. No comparable House section.—House recedes.

SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI

Senate § 303. No comparable House section.—House recedes.

SEC. 305. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA

House § 308. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 306. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING,

DELAWARE, NEW JERSEY, AND PENNSYLVANIA

House § 221. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 307. REHOBOTH BEACH AND DEWEY BEACH, DELAWARE

House § 355. No comparable Senate section.—Senate recedes.

SEC. 308. FERNANDINA HARBOR, FLORIDA

House § 312, Senate § 410.—Senate recedes.

SEC. 309. GASPARILLA AND ESTERO ISLANDS, FLORIDA

Senate § 305. No comparable House section.—House recedes.

SEC. 310. EAST SAINT LOUIS AND VICINITY, ILLINOIS

House § 314. No comparable Senate section.—Senate recedes.

SEC. 311. KASKASKIA RIVER, KASKASKIA, ILLINOIS

House § 315. No comparable Senate section.—Senate recedes.

SEC. 312. WAUKEGAN HARBOR, ILLINOIS

House § 316. No comparable Senate section.—Senate recedes.

SEC. 313. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS

Senate § 307, House § 439.—House recedes.

SEC. 315. ATCHAFALAYA BASIN, LOUISIANA

House § 322, Senate § 308.—House recedes.

SEC. 316. RED RIVER WATERWAY, LOUISIANA

House § 324, Senate § 309.—House recedes.

157

SEC. 317. THOMASTON HARBOR, GEORGES RIVER, MAINE

House § 325. No comparable Senate section.—Senate recedes.

SEC. 318. POPLAR ISLAND, MARYLAND

House § 329. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND

Senate § 311. No comparable House section.—House recedes.

SEC. 320. BRECKENRIDGE, MINNESOTA

House § 326, Senate § 312.—House recedes.

SEC. 321. DULUTH HARBOR, MINNESOTA

House § 327. No comparable Senate section.—Senate recedes.

SEC. 322. LITTLE FALLS, MINNESOTA

House § 328. No comparable Senate section.—Senate recedes.

SEC. 323. NEW MADRID COUNTY, MISSOURI

House § 532, Senate § 314.—House recedes, with an amendment.

SEC. 324. PEMISCOT COUNTY HARBOR, MISSOURI

House § 533, Senate § 315.—House recedes.

SEC. 325. FORT PECK FISH HATCHERY, MONTANA

Senate § 317. No comparable House section.—House recedes,

with an amendment.

SEC. 326. SAGAMORE CREEK, NEW HAMPSHIRE

Senate § 318. No comparable House section.—House recedes.

SEC. 327. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW JERSEY

House § 332, Senate § 319.—House recedes, with an amendment.

SEC. 328. TIMES BEACH NATURE PRESERVE, BUFFALO, NEW YORK

House § 333. No comparable Senate section.—Senate recedes.

SEC. 329. ROCKAWAY INLET TO NORTON POINT, NEW YORK

Senate § 320. No comparable House section.—House recedes.

SEC. 330. GARRISON DAM, NORTH DAKOTA

House § 334. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 331. DUCK CREEK, OHIO

House § 335. No comparable Senate section.—Senate recedes,

with an amendment.

158

SEC. 332. JOHN DAY POOL, OREGON AND WASHINGTON

House § 547, Senate § 321.—House recedes.

SEC. 333. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE

ISLAND

Senate § 322. No comparable House section.—House recedes.

SEC. 334. NONCONNAH CREEK, TENNESSEE AND MISSISSIPPI

House § 336. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 335. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS

House § 339, Senate § 436.—Senate recedes.

SEC. 336. BUCHANAN AND DICKENSON COUNTIES, VIRGINIA

House § 340. No comparable Senate section.—Senate recedes.

SEC. 337. BUCHANAN, DICKENSON, AND RUSSELL COUNTIES, VIRGINIA

House § 341. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 338. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA

House § 342. No comparable Senate section.—Senate recedes.

SEC. 339. MOUNT ST. HELENS, WASHINGTON

House § 345, Senate § 328.—House recedes, with an amendment.

SEC. 340. LOWER MUD RIVER, MILTON, WEST VIRGINIA

House § 348. No comparable Senate section.—Senate recedes.

SEC. 341. FOX RIVER SYSTEM, WISCONSIN

House § 567, Senate § 330.—House recedes.

Section 332 of the Water Resources Development Act of 1992

authorizes the Secretary to transfer to the State of Wisconsin certain locks and appurtenant features of the navigation portion of the

Fox River System, subject to the execution of an agreement by the

Secretary and the State that specifies the terms and conditions of

such transfer. This provision clarifies that the negotiated agreement may provide for payments to the State to be used toward the

repair and rehabilitation of the portions of the project which are

being transferred.

SEC. 342. CHESAPEAKE BAY OYSTER RESTORATION

House § 523, Senate § 331.—House recedes.

SEC. 343. GREAT LAKES DREDGING LEVELS ADJUSTMENT

House § 572, Senate § 332.—Same.

159

SEC. 344. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT

REMEDIATION

House § 571, Senate § 334.—House recedes, with an amendment.

SEC. 345. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND

SOUND

Senate § 336. No comparable House section.—House recedes.

SEC. 346. DECLARATION OF NONNAVIGABILITY FOR LAKE ERIE, NEW

YORK

House § 352. No comparable Senate section.—Senate recedes.

SEC. 347. PROJECT DEAUTHORIZATIONS

House § 353(a)(1), (2), (3), (4), (5), (6), (7), (8), (9), (b), Senate

§ 338(1), (2), (3), and (4).—Senate recedes, with an amendment.

SEC. 348. LAND CONVEYANCES

348(a) Thompson, Connecticut. House § 585(a). No comparable

Senate section.—Senate recedes.

348(b) Washington, District of Columbia. House § 585(b). No

comparable Senate section.—Senate recedes.

348(c) Joliet, Illinois. House § 585(j). No comparable Senate

section.—Senate recedes.

348(d) Ottawa, Illinois. House § 585(k). No comparable Senate

section.—Senate recedes.

348(e) Bayou Teche, Louisiana. House § 585(i). No comparable

Senate section.—Senate recedes.

Navigation on the upper portions of the Bayou Teche has dwindled over the past several years to a few vessels per month due to

the infrequent operation of the Keystone Lock by the Corps of Engineers. St. Martin Parish wishes to operate, maintain, repair, replace and rehabilitate the lock once the Corps completes renovation

of the lock to a safe and operable condition. This transfer will provide cost savings to the federal government and better service to

mariners navigating the bayou. The Managers have inserted language that requires the parish to 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. If the parish fails to comply with these conditions, the

Secretary may reclaim possession of the land and improvements or

may make the necessary repairs and require payment from the

parish.

348(f) Ontonagon, Michigan. House § 585(c), Senate § 504.—

House recedes.

348(g) Pike County, Missouri. House § 585(d), Senate § 316.—

Senate recedes.

348(h) St. Clair and Benton Counties, Missouri. House § 585(l).

No comparable Senate section.—Senate recedes.

348(i) Candy Lake, Oklahoma. House § 585(e), Senate § 505.—

Senate recedes, with an amendment.

160

The intent of the Managers is that the NEPA waiver provision

be considered in the context of section 226, Administrative Costs of

Land Conveyances.

348(j) Manor Township, Pennsylvania. House § 585(f). No comparable Senate section.—Senate recedes.

348(k) Richard B. Russell Dam and Lake, South Carolina. Senate § 506. No comparable House section.—House recedes, with an

amendment.

348(l) Savannah River, South Carolina. House § 585(g), Senate

§ 324.—House recedes.

348(m) Tri-Cities Area, Washington. House § 585(h). No comparable Senate section.—Senate recedes.

348(n) Generally Applicable Provisions. House § 585(m). No

comparable Senate section.—Senate recedes.

SEC. 349. PROJECT REAUTHORIZATIONS

(a)(1) Narraguagus River, Milbridge, Maine.—House

§ 350(a)(1), Senate § 310.—Senate recedes.

(a)(2) Cedar Bayou, Texas.—House § 350(a)(2), Senate § 434.—

Senate recedes.

(b) Narraguagus River, Milbridge, Maine.—House § 350(b),

Senate § 310.—Senate recedes.

SEC. 350. CONTINUATION OF PROJECT AUTHORIZATIONS

House § 351. No comparable Senate section.—Senate recedes.

SEC. 351. WATER QUALITY PROJECTS

House § 349. No comparable Senate section.—Senate recedes.

TITLE IV—STUDIES

SEC. 401. STUDIES OF COMPLETED PROJECTS

House § 401. No comparable Senate section.—Senate recedes.

SEC. 402. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT

House § 403. No comparable Senate section.—Senate recedes.

The Managers recognize the Mississippi River System as a nationally significant ecosystem and a nationally significant commercial navigation and flood control system. The Managers further recognize that the System shall be administered and regulated in recognition of its several purposes. Nothing in this section shall be

construed to authorize the development or recommendation of a

means of flood control other than that specially authorized for this

project. Also, in carrying out this section the Secretary shall consult with the Governor or his designee as described in subsection

(c).

SEC. 403. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT

STUDY

House § 404, Senate § 440.—House recedes, with an amendment.

161

SEC. 404. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN

House § 405. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 405. OHIO RIVER SYSTEM

House § 406. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 406. BALDWIN COUNTY, ALABAMA

Senate § 401. No comparable House section.—House recedes.

SEC. 407. BRIDGEPORT, ALABAMA

House § 501. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 409. ARKANSAS RIVER NAVIGATION SYSTEM

House § 506. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 410. CACHE CREEK BASIN, CALIFORNIA

House § 305, Senate § 403.—House recedes.

The Secretary is directed to mitigate the impacts of the new

south levee of the Cache Creek settling basin on the City of Woodland’s storm drainage system, including all appurtenant features,

erosion control measures and environmental protection features.

Such mitigation shall restore the City’s pre-project capacity (1,360

cubic feet per second) to the bypass, including channel improvements, an outlet works through the west levee of the Yolo Bypass,

and a new low flow, cross channel to handle City and County storm

drainage and settling basin flows (1,760 cubic feet per second)

when the Yolo Bypass is in a low flow condition.

SEC. 411. ESTUDILLO CANAL, SAN LEANDRO, CALIFORNIA

House § 409, Senate § 404.—Same.

SEC. 412. LAGUNA CREEK, FREMONT, CALIFORNIA

House § 410, Senate § 405.—Senate recedes.

SEC. 413. LAKE MERRITT, OAKLAND, CALIFORNIA

House § 411. No comparable Senate section.—Senate recedes.

SEC. 414. LANCASTER, CALIFORNIA

House § 412, Senate § 406.—Same.

SEC. 415. OCEANSIDE, CALIFORNIA

House § 414, Senate § 406.—House recedes.

SEC. 416. SAN JACINTO WATERSHED, CALIFORNIA

Senate § 407. No comparable House section.—House recedes.

162

SEC. 417. SUISUN MARSH, CALIFORNIA

House § 415. No comparable Senate section.—Senate recedes.

SEC. 418. DELAWARE RIVER WATERSHED

House § 440. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 419. BREVARD COUNTY, FLORIDA

House § 311. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 420. CHOCTAWHATCHEE RIVER, FLORIDA

Senate § 408. No comparable House section.—House recedes.

SEC. 421. EGMONT KEY, FLORIDA

Senate § 409. No comparable House section.—House recedes.

SEC. 422. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER

BASINS, FLORIDA

Senate § 411. No comparable House section.—House recedes.

SEC. 423. LAKE ALLATOONA WATERSHED, GEORGIA

House § 416. No comparable Senate section.—Senate recedes.

SEC. 424. BOISE RIVER, IDAHO

Senate § 412. No comparable House section.—House recedes,

with an amendment.

SEC. 425. WOOD RIVER, IDAHO

Senate § 413. No comparable House section.—House recedes,

with an amendment.

SEC. 426. CHICAGO, ILLINOIS

Senate § 414, House § 417.—House recedes.

SEC. 427. CHICAGO SANITARY AND SHIP CANAL SYSTEM, CHICAGO,

ILLINOIS

House § 418. No comparable Senate section.—Senate recedes.

SEC. 428. LONG LAKE, INDIANA

House § 419. No comparable Senate section.—Senate recedes.

SEC. 429. BRUSH AND ROCK CREEKS, MISSION HILLS AND FAIRWAY, KANSAS

House § 420. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 430. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK,

LOUISIANA

House § 323. No comparable Senate section.—Senate recedes,

with an amendment.

163

The Secretary is directed to investigate the problems associated with ‘‘fluff’’ created by the mixture of freshwater, saltwater

and fine river silt in the channels. Fluff is a gel-like material that

makes steering and propulsion difficult and is both a navigation

hazard and an economic problem for boaters.

SEC. 431. BOEUF AND BLACK, LOUISIANA

Senate § 415. No comparable House section.—House recedes.

SEC. 432. IBERIA PORT, LOUISIANA

House § 422, Senate § 416.—Senate recedes.

SEC. 433. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA

House § 423. No comparable Senate section.—Senate recedes.

SEC. 434. LOWER ATCHAFALAYA BASIN, LOUISIANA

House § 424. No comparable Senate section.—Senate recedes.

SEC. 435. ST. JOHN THE BAPTIST PARISH, LOUISIANA

House § 425, Senate § 418.—Senate recedes.

SEC. 436. SOUTH LOUISIANA

Senate § 417. No comparable House section.—House recedes.

SEC. 437. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND

NEW HAMPSHIRE

Senate § 420. No comparable House section.—House recedes.

SEC. 438. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW

HAMPSHIRE

Senate § 422. No comparable House section.—House recedes.

SEC. 439. WILD RICE RIVER, MINNESOTA

House § 529. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 440. PORT OF GULFPORT, MISSISSIPPI

Senate § 423. No comparable House section.—House recedes,

with an amendment.

SEC. 441. LAS VEGAS VALLEY, NEVADA

House § 426. No comparable Senate section.—Senate recedes.

SEC. 442. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE

Senate § 424. No comparable House section.—House recedes.

SEC. 443. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO

House § 427, Senate § 425.—Same.

SEC. 444. BUFFALO HARBOR, BUFFALO, NEW YORK

House § 428. No comparable Senate section.—Senate recedes.

164

SEC. 445. JAMESVILLE RESERVOIR, ONONDAGA COUNTY, NEW YORK

House § 430. No comparable Senate section.—Senate recedes.

SEC. 446. BOGUE BANKS, CARTERET COUNTY, NORTH CAROLINA

Senate § 339. No comparable House section.—House recedes.

SEC. 447. DUCK CREEK WATERSHED, OHIO

Senate § 427. No comparable House section.—House recedes.

SEC. 448. FREMONT, OHIO

Senate § 428. No comparable House section.—House recedes.

SEC. 449. STEUBENVILLE, OHIO

House § 431. No comparable Senate section.—Senate recedes.

SEC. 450. GRAND LAKE, OKLAHOMA

House § 432, Senate § 429.—House recedes.

SEC. 451. COLUMBIA SLOUGH, OREGON

House § 433. No comparable Senate section.—Senate recedes.

The study of this project was authorized by section 439 of the

Water Resources Development Act of 1996 (110 Stat. 3747). Subsequent to the authorization, the Corps of Engineers and the City of

Portland, Oregon, agreed to carry out the project under the authority of ‘‘project modification to improve the environment’’, a continuing authority program authorized by section 1135(a) of the

Water Resources Development Act of 1986 (33 U.S.C. 2309a(a)).

Pursuant to a project cooperation agreement, the City of Portland

has provided substantial resources in cash and in-kind services toward a feasibility study for the project as required under section

1135(a). When the study was near completion, and preliminary results indicated that the project is appropriate for construction, the

Corps suspended the study due to an internal decision to reallocate

funds to other projects. The Corps should complete the study and

carry out the project expeditiously if the Secretary determines that

the project is appropriate.

SEC. 452. CLIFF WALK IN NEWPORT, RHODE ISLAND

Senate § 441. No comparable House section.—House recedes.

SEC. 453. QUONSET POINT CHANNEL, RHODE ISLAND

Senate § 442. No comparable House section.—House recedes,

with an amendment.

SEC. 454. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND

Senate § 440. No comparable House section.—House recedes.

SEC. 455. REEDY RIVER, GREENVILLE, SOUTH CAROLINA

House § 434. No comparable Senate section.—Senate recedes.

165

SEC. 456. CHICKAMAUGA LOCK AND DAM, TENNESSEE

House § 555, Senate § 431.—House recedes.

SEC. 457. GERMANTOWN, TENNESSEE

House § 435, Senate § 432.—Senate recedes, with an amendment.

SEC. 458. MILWAUKEE, WISCONSIN

House § 438. No comparable Senate section.—Senate recedes.

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. LAKES PROGRAM

House § 581. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 502. RESTORATION PROJECTS

House § 551. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 503. SUPPORT OF ARMY CIVIL WORKS PROGRAM

House § 576. No comparable Senate section.—Senate recedes.

SEC. 504. EXPORT OF WATER FROM GREAT LAKES

Senate § 508. No comparable House section.—House recedes.

SEC. 505. GREAT LAKES TRIBUTARY MODEL

House § 570, Senate § 335.—House recedes, with an amendment.

SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION

House § 570, Senate § 333.—House recedes, with an amendment.

SEC. 507. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM

RESTORATION

Senate § 337. No comparable House section.—House recedes,

with an amendment.

SEC. 508. VISITORS CENTERS

508(a) John Paul Hammerschmidt Visitors Center, Arkansas.

Senate § 501(a), House § 302.—House recedes.

508(b) Lower Missisippi River Museum and Riverfront Interpretive Site, Mississippi. Senate § 501(b). No comparable House

section.—House recedes.

SEC. 509. CALFED BAY-DELTA PROGRAM ASSISTANCE, CALIFORNIA

House § 507, Senate § 502.—House recedes, with an amendment.

This section authorizes the Secretary to participate with the

appropriate Federal and State agencies in the planning and manVerDate 11-MAY-2000 16:58 Nov 01, 2000 Jkt 067474 PO 00000 Frm 00165 Fmt 6601 Sfmt 6601 E:\HR\OC\HR1020.XXX pfrm04 PsN: HR1020
166

agement activities associated with the CALFED Bay-Delta program

(‘‘CALFED’’). The Managers recognize the original authorization of

appropriations for the CALFED Bay-Delta Program (P.L. 104–333)

expired on September 30, 2000 and that Congress has not reauthorized, renewed or otherwise extended this authority for appropriations. The Managers do not intend for this language to explicitly or implicitly ratify or approve the CALFED Framework for Action or any of the projects set forth thereunder.

SEC. 510. SEWARD, ALASKA

House § 503. No comparable Senate section.—Senate recedes.

SEC. 511. CLEAR LAKE BASIN, CALIFORNIA

House § 508. No comparable Senate section.—Senate recedes.

SEC. 512. CONTRA COSTA CANAL, OAKLEY, AND KNIGHTSEN,

CALIFORNIA

House § 509. No comparable Senate section.—Senate recedes.

This provision requires that the Secretary use only the criteria

of technical soundness, environmental acceptability, and economic

justification to evaluate a small flood control project along the

Contra Costa Canal. By this provision, the Managers intend that

the Secretary not reject a project based solely on a policy of the

Corps of Engineers concerning amount of runoff.

SEC. 513. HUNTINGTON BEACH, CALIFORNIA

House § 510. No comparable Senate section.—Senate recedes.

This provision requires that the Secretary use only the criteria

of technical soundness, environmental acceptability, and economic

justification to evaluate a small flood control project at Huntington

Beach. By this provision, the Managers intend that the Secretary

not reject a project based solely on a policy of the Corps of Engineers concerning amount of runoff.

SEC. 514. MALLARD SLOUGH, PITTSBURG, CALIFORNIA

House § 511. No comparable Senate section.—Senate recedes.

This provision requires that the Secretary use only the criteria

of technical soundness, environmental acceptability, and economic

justification to evaluate a small flood control project along Mallard

Slough. By this provision, the Managers intend that the Secretary

not reject a project based solely on a policy of the Corps of Engineers concerning amount of runoff.

SEC. 515. PORT EVERGLADES, FLORIDA

House § 516. No comparable Senate section.—Senate recedes.

SEC. 516. LAKE SIDNEY LANIER, GEORGIA, HOME PRESERVATION

Senate § 503. No comparable House section.—House recedes.

SEC. 517. BALLARD’S ISLAND, LASALLE COUNTY, ILLINOIS

House § 518. No comparable Senate section.—Senate recedes,

with an amendment.

167

SEC. 518. LAKE MICHIGAN DIVERSION, ILLINOIS

House § 519. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 519. ILLINOIS RIVER BASIN RESTORATION

House § 569, Senate § 306.—Senate recedes.

SEC. 520. KOONTZ LAKE, INDIANA

House § 520. No comparable Senate section.—Senate recedes.

SEC. 521. WEST VIEW SHORES, CECIL COUNTY, MARYLAND

House § 522. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 522. MUDDY RIVER, BROOKLINE AND BOSTON, MASSACHUSETTS

House § 524. No comparable Senate section.—Senate recedes.

SEC. 523. SOO LOCKS, SAULT STE. MARIE, MICHIGAN

House § 525. No comparable Senate section.—Senate recedes.

SEC. 524. MINNESOTA DAM SAFETY

House § 225. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 525. BRUCE F. VENTO UNIT OF THE BOUNDARY WATERS CANOE

AREA WILDERNESS, MINNESOTA

House § 586. No comparable Senate section.—Senate recedes.

SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY PROJECT

House § 526. No comparable Senate section.—Senate recedes.

SEC. 527. MINNEAPOLIS, MINNESOTA

House § 527. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 528. COASTAL MISSISSIPPI WETLANDS RESTORATION PROJECTS

House § 530. No comparable Senate section.—Senate recedes.

SEC. 529. LAS VEGAS, NEVADA

House § 534. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 530. URBANIZED PEAK FLOOD MANAGEMENT RESEARCH, NEW

JERSEY

House § 536. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 531. NEPPERHAN RIVER, YONKERS, NEW YORK

House § 539. No comparable Senate section.—Senate recedes.

168

SEC. 532. UPPER MOHAWK RIVER BASIN, NEW YORK

House § 541. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 533. FLOOD DAMAGE REDUCTION

House § 542. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 534. CUYAHOGA RIVER, OHIO

House § 543, Senate § 426.—Senate recedes.

SEC. 535. CROWDER POINT, CROWDER, OKLAHOMA

House § 544. No comparable Senate section.—Senate recedes.

Crowder Point is a Corps of Engineers public park on the

southern end of Eufaula Lake in Oklahoma that is not being maintained due to budgetary constraints. The Managers favor a partnership between the Secretary and the City of Crowder, Oklahoma

that would involve a long-term lease under which the City would

develop, operate, and maintain the property as a public park. Recognizing the public benefits that would derive from the City’s participation in this partnership, the Secretary is directed to issue the

lease without cost. Also, to ensure that the development and operation of the park by the City are in the public interest, the Secretary is directed to include such terms and conditions as are necessary to achieve those ends.

SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM

RESTORATION, OREGON AND WASHINGTON

House § 548. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 537. ACCESS IMPROVEMENTS, RAYSTOWN LAKE, PENNSYLVANIA

House § 553. No comparable Senate section.—Senate recedes.

SEC. 538. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND

NEW YORK

House § 554. No comparable Senate section.—Senate recedes.

SEC. 539. CHARLESTON HARBOR, SOUTH CAROLINA

Senate § 323. No comparable House section.—House recedes.

SEC. 540. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE,

AND STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT

RESTORATION

Senate § 507. No comparable House section.—House recedes.

SEC. 541. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND

MISSISSIPPI

Senate § 433. No comparable House section.—House recedes,

with an amendment.

169

SEC. 542. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK

Senate § 327. No comparable House section.—House recedes.

SEC. 543. VERMONT DAMS REMEDIATION

Senate § 437. No comparable House section.—House recedes,

with an amendment.

SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION,

WASHINGTON

House § 558, Senate § 329.—House recedes, with an amendment.

SEC. 545. WILLAPA BAY, WASHINGTON

Senate § 439, House § 344.—House recedes.

SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASHINGTON

House § 560. No comparable Senate section.—Senate recedes.

SEC. 547. BLUESTONE, WEST VIRGINIA

House § 562. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 548. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA

House § 563. No comparable Senate section.—Senate recedes.

SEC. 549. TUG FORK RIVER, WEST VIRGINIA

House § 564. No comparable Senate section.—Senate recedes.

SEC. 550. SOUTHERN WEST VIRGINIA

House § 566. No comparable Senate section.—Senate recedes.

SEC. 551. SURFSIDE/SUNSET AND NEWPORT BEACH, CALIFORNIA

House § 568. No comparable Senate section.—Senate recedes.

SEC. 552. WATERSHED MANAGEMENT, RESTORATION, AND

DEVELOPMENT

House § 574. No comparable Senate section.—Senate recedes.

SEC. 553. MAINTENANCE OF NAVIGATION CHANNELS

House § 575. No comparable Senate section.—Senate recedes.

SEC. 554. HYDROGRAPHIC SURVEY

House § 578. No comparable Senate section.—Senate recedes,

with an amendment.

SEC. 555. COLUMBIA RIVER TREATY FISHING ACCESS

House § 588. No comparable Senate section.—Senate recedes.

170

SEC. 556. RELEASE OF USE RESTRICTION

House § 582. No comparable Senate section.—Senate recedes,

with an amendment.

TITLE VI—COMPREHENSIVE EVERGLADES RESTORATION

SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN

Senate Title VI, House Title VI.—House recedes, with an

amendment.

601(a) Definitions. House § 601(a), Senate § 601(a).—Same.

601(b) Comprehensive Everglades Restoration Plan. House

§ 601(b), Senate § 601(b).—Same.

601(c) Additional Program Authority. House § 601(c), Senate

§ 601(c).—Same.

601(d) Authorization of Future Projects. House § 601(d), Senate

§ 601(d).—Same.

601(e) Cost Sharing. House § 601(e), Senate § 601(e).—Senate

recedes.

601(f) Evaluation of Projects. House § 601(f), Senate § 601(f).—

Same.

601(g) Exclusions and Limitations. House § 601(g), Senate

§ 601(g).—Same.

601(h) Assurance of Project Benefits. House § 601(h), Senate

§ 601(h).—Senate recedes.

601(i) Dispute Resolution. House § 601(i), Senate § 601(i).—

Same.

601(j) Independent Scientific Review. House § 601(i), Senate

§ 601(i).—Same.

601(k) Outreach and Assistance. House § 601(k), Senate

§ 601(k).—Same.

601(l) Report to Congress. House § 601(l), Senate § 601(l).—

Same.

601(m) Report on Aquifer Storage and Recovery Project. House

§ 601(m), No comparable Senate section.—Senate recedes.

601(n) Full Disclosure of Proposed Funding. House § 601(m),

No comparable Senate section.—Senate recedes.

601(o) Surplus Federal Lands. House § 601(o), No comparable

Senate section.—Senate recedes.

601(p) Severability. House § 601(p), Senate § 601(m).—Same.

SEC. 602. SENSE OF CONGRESS CONCERNING HOMESTEAD AIR FORCE

BASE

602(a) Findings. House § 602(a), Senate § 602(a).—Senate recedes.

602(b) Sense of Congress. House § 602(b), Senate § 602(b).—

Senate recedes.

TITLE VII—MISSOURI RIVER RESTORATION, NORTH DAKOTA

Senate Title VII. No comparable House title—House recedes,

with an amendment.

The Managers encourage the Secretary to include the Vision

Group of the Missouri River Coordinated Resource Management

Program as members of the Missouri River Trust.

171

TITLE VIII—WILDLIFE REFUGE ENHANCEMENT

Senate Title VIII. No comparable House title.—House recedes,

with an amendment.

TITLE IX—MISSOURI RIVER RESTORATION, SOUTH DAKOTA

Senate Title IX, House Title VII—House recedes, with an

amendment.

BUD SHUSTER,

DON YOUNG,

SHERWOOD BOEHLERT,

CLAY SHAW,

JIM OBERSTAR,

BOB BORSKI,

ROBERT MENENDEZ,

Managers on the Part of the House.

BOB SMITH,

JOHN WARNER,

MAX BAUCUS,

BOB GRAHAM,

Managers on the Part of the Senate.

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