```

[106th Congress Public Law 541]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ541.106]

[[Page 114 STAT. 2572]]

Public Law 106-541
106th Congress

                                 An Act

 
  To provide for the conservation and development of water and related 
 resources, to authorize the Secretary of the Army to construct various 
 projects for improvements to rivers and harbors of the United States, 
      and for other purposes. <<NOTE: Dec. 11, 2000 -  [S. 2796]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Water Resources Development 
Act of 2000. Inter- governmental relations.>> assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short <<NOTE: 33 USC 2201 note.>> Title.--This Act may be cited 
as the ``Water Resources Development Act of 2000''.

    (b) Table of Contents.--

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.

                    TITLE I--WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.
Sec. 102. Small projects for flood damage reduction.
Sec. 103. Small projects for emergency streambank protection.
Sec. 104. Small projects for navigation.
Sec. 105. Small projects for improvement of the quality of the 
           environment.
Sec. 106. Small projects for aquatic ecosystem restoration.
Sec. 107. Small projects for shoreline protection.
Sec. 108. Small projects for snagging and sediment removal.
Sec. 109. Small project for mitigation of shore damage.
Sec. 110. Beneficial uses of dredged material.
Sec. 111. Disposal of dredged material on beaches.
Sec. 112. Petaluma River, Petaluma, California.

                      TITLE II--GENERAL PROVISIONS

Sec. 201. Cooperation agreements with counties.
Sec. 202. Watershed and river basin assessments.
Sec. 203. Tribal partnership program.
Sec. 204. Ability to pay.
Sec. 205. Property protection program.
Sec. 206. National recreation reservation service.
Sec. 207. Interagency and international support authority.
Sec. 208. Reburial and conveyance authority.
Sec. 209. Floodplain management requirements.
Sec. 210. Nonprofit entities.
Sec. 211. Performance of specialized or technical services.
Sec. 212. Hydroelectric power project funding.
Sec. 213. Assistance programs.
Sec. 214. Funding to process permits.
Sec. 215. Dredged material marketing and recycling.
Sec. 216. National academy of sciences study.
Sec. 217. Rehabilitation of Federal flood control levees.
Sec. 218. Maximum program expenditures for small flood control projects.
Sec. 219. Engineering consulting services.
Sec. 220. Beach recreation.
Sec. 221. Design-build contracting.
Sec. 222. Enhanced public participation.
Sec. 223. Monitoring.
Sec. 224. Fish and wildlife mitigation.

[[Page 114 STAT. 2573]]

Sec. 225. Feasibility studies and planning, engineering, and design.
Sec. 226. Administrative costs of land conveyances.
Sec. 227. Flood mitigation and riverine restoration.

                  TITLE III--PROJECT-RELATED PROVISIONS

Sec. 301. Tennessee-Tombigbee Waterway Wildlife Mitigation Project, 
           Alabama and Mississippi.
Sec. 302. Nogales Wash and tributaries, Nogales, Arizona.
Sec. 303. Boydsville, Arkansas.
Sec. 304. White River Basin, Arkansas and Missouri.
Sec. 305. Sacramento Deep Water Ship Channel, California.
Sec. 306. Delaware River Mainstem and Channel Deepening, Delaware, New 
           Jersey, and Pennsylvania.
Sec. 307. Rehoboth Beach and Dewey Beach, Delaware.
Sec. 308. Fernandina Harbor, Florida.
Sec. 309. Gasparilla and Estero Islands, Florida.
Sec. 310. East Saint Louis and vicinity, Illinois.
Sec. 311. Kaskaskia River, Kaskaskia, Illinois.
Sec. 312. Waukegan Harbor, Illinois.
Sec. 313. Upper Des Plaines River and tributaries, Illinois.
Sec. 314. Cumberland, Kentucky.
Sec. 315. Atchafalaya Basin, Louisiana.
Sec. 316. Red River Waterway, Louisiana.
Sec. 317. Thomaston Harbor, Georges River, Maine.
Sec. 318. Poplar Island, Maryland.
Sec. 319. William Jennings Randolph Lake, Maryland.
Sec. 320. Breckenridge, Minnesota.
Sec. 321. Duluth Harbor, Minnesota.
Sec. 322. Little Falls, Minnesota.
Sec. 323. New Madrid County, Missouri.
Sec. 324. Pemiscot County Harbor, Missouri.
Sec. 325. Fort Peck fish hatchery, Montana.
Sec. 326. Sagamore Creek, New Hampshire.
Sec. 327. Passaic River basin flood management, New Jersey.
Sec. 328. Times Beach Nature Preserve, Buffalo, New York.
Sec. 329. Rockaway Inlet to Norton Point, New York.
Sec. 330. Garrison Dam, North Dakota.
Sec. 331. Duck Creek, Ohio.
Sec. 332. John Day Pool, Oregon and Washington.
Sec. 333. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 334. Nonconnah Creek, Tennessee and Mississippi.
Sec. 335. San Antonio Channel, San Antonio, Texas.
Sec. 336. Buchanan and Dickenson Counties, Virginia.
Sec. 337. Buchanan, Dickenson, and Russell Counties, Virginia.
Sec. 338. Sandbridge Beach, Virginia Beach, Virginia.
Sec. 339. Mount St. Helens, Washington.
Sec. 340. Lower Mud River, Milton, West Virginia.
Sec. 341. Fox River System, Wisconsin.
Sec. 342. Chesapeake Bay oyster restoration.
Sec. 343. Great Lakes dredging levels adjustment.
Sec. 344. Great Lakes remedial action plans and sediment remediation.
Sec. 345. Treatment of dredged material from Long Island Sound.
Sec. 346. Declaration of nonnavigability for Lake Erie, New York.
Sec. 347. Project deauthorizations.
Sec. 348. Land conveyances.
Sec. 349. Project reauthorizations.
Sec. 350. Continuation of project authorizations.
Sec. 351. Water quality projects.

                            TITLE IV--STUDIES

Sec. 401. Studies of completed projects.
Sec. 402. Lower Mississippi River resource assessment.
Sec. 403. Upper Mississippi River basin sediment and nutrient study.
Sec. 404. Upper Mississippi River comprehensive plan.
Sec. 405. Ohio River system.
Sec. 406. Baldwin County, Alabama.
Sec. 407. Bridgeport, Alabama.
Sec. 408. Arkansas River navigation system.
Sec. 409. Cache Creek basin, California.
Sec. 410. Estudillo Canal, San Leandro, California.
Sec. 411. Laguna Creek, Fremont, California.

[[Page 114 STAT. 2574]]

Sec. 412. Lake Merritt, Oakland, California.
Sec. 413. Lancaster, California.
Sec. 414. Oceanside, California.
Sec. 415. San Jacinto watershed, California.
Sec. 416. Suisun Marsh, California.
Sec. 417. Delaware River watershed.
Sec. 418. Brevard County, Florida.
Sec. 419. Choctawhatchee River, Florida.
Sec. 420. Egmont Key, Florida.
Sec. 421. Upper Ocklawaha River and Apopka/Palatlakaha River basins, 
           Florida.
Sec. 422. Lake Allatoona watershed, Georgia.
Sec. 423. Boise River, Idaho.
Sec. 424. Wood River, Idaho.
Sec. 425. Chicago, Illinois.
Sec. 426. Chicago sanitary and ship canal system, Chicago, Illinois.
Sec. 427. Long Lake, Indiana.
Sec. 428. Brush and Rock Creeks, Mission Hills and Fairway, Kansas.
Sec. 429. Atchafalaya River, Bayous Chene, Boeuf, and Black, Louisiana.
Sec. 430. Boeuf and Black, Louisiana.
Sec. 431. Iberia Port, Louisiana.
Sec. 432. Lake Pontchartrain Seawall, Louisiana.
Sec. 433. Lower Atchafalaya basin, Louisiana.
Sec. 434. St. John the Baptist Parish, Louisiana.
Sec. 435. South Louisiana.
Sec. 436. Portsmouth Harbor and Piscataqua River, Maine and New 
           Hampshire.
Sec. 437. Merrimack River basin, Massachusetts and New Hampshire.
Sec. 438. Wild Rice River, Minnesota.
Sec. 439. Port of Gulfport, Mississippi.
Sec. 440. Las Vegas Valley, Nevada.
Sec. 441. Upland disposal sites in New Hampshire.
Sec. 442. Southwest Valley, Albuquerque, New Mexico.
Sec. 443. Buffalo Harbor, Buffalo, New York.
Sec. 444. Jamesville Reservoir, Onondaga County, New York.
Sec. 445. Bogue Banks, Carteret County, North Carolina.
Sec. 446. Duck Creek watershed, Ohio.
Sec. 447. Fremont, Ohio.
Sec. 448. Steubenville, Ohio.
Sec. 449. Grand Lake, Oklahoma.
Sec. 450. Columbia Slough, Oregon.
Sec. 451. Cliff Walk in Newport, Rhode Island.
Sec. 452. Quonset Point channel, Rhode Island.
Sec. 453. Dredged material disposal site, Rhode Island.
Sec. 454. Reedy River, Greenville, South Carolina.
Sec. 455. Chickamauga Lock and Dam, Tennessee.
Sec. 456. Germantown, Tennessee.
Sec. 457. Milwaukee, Wisconsin.

                    TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Lakes program.
Sec. 502. Restoration projects.
Sec. 503. Support of Army civil works program.
Sec. 504. Export of water from Great Lakes.
Sec. 505. Great Lakes tributary model.
Sec. 506. Great Lakes fishery and ecosystem restoration.
Sec. 507. New England water resources and ecosystem restoration.
Sec. 508. Visitors centers.
Sec. 509. CALFED Bay-Delta program assistance, California.
Sec. 510. Seward, Alaska.
Sec. 511. Clear Lake basin, California.
Sec. 512. Contra Costa Canal, Oakley and Knightsen, California.
Sec. 513. Huntington Beach, California.
Sec. 514. Mallard Slough, Pittsburg, California.
Sec. 515. Port Everglades, Florida.
Sec. 516. Lake Sidney Lanier, Georgia, home preservation.
Sec. 517. Ballard's Island, La Salle County, Illinois.
Sec. 518. Lake Michigan diversion, Illinois.
Sec. 519. Illinois River basin restoration.
Sec. 520. Koontz Lake, Indiana.
Sec. 521. West View Shores, Cecil County, Maryland.
Sec. 522. Muddy River, Brookline and Boston, Massachusetts.
Sec. 523. Soo Locks, Sault Ste. Marie, Michigan.

[[Page 114 STAT. 2575]]

Sec. 524. Minnesota dam safety.
Sec. 525. Bruce F. Vento Unit of the Boundary Waters Canoe Area 
           Wilderness, Minnesota.
Sec. 526. Duluth, Minnesota, alternative technology project.
Sec. 527. Minneapolis, Minnesota.
Sec. 528. Coastal Mississippi wetlands restoration projects.
Sec. 529. Las Vegas, Nevada.
Sec. 530. Urbanized peak flood management research, New Jersey.
Sec. 531. Nepperhan River, Yonkers, New York.
Sec. 532. Upper Mohawk River basin, New York.
Sec. 533. Flood damage reduction.
Sec. 534. Cuyahoga River, Ohio.
Sec. 535. Crowder Point, Crowder, Oklahoma.
Sec. 536. Lower Columbia River and Tillamook Bay ecosystem restoration, 
           Oregon and Washington.
Sec. 537. Access improvements, Raystown Lake, Pennsylvania.
Sec. 538. Upper Susquehanna River basin, Pennsylvania and New York.
Sec. 539. Charleston Harbor, South Carolina.
Sec. 540. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and South 
           Dakota terrestrial wildlife habitat restoration.
Sec. 541. Horn Lake Creek and tributaries, Tennessee and Mississippi.
Sec. 542. Lake Champlain watershed, Vermont and New York.
Sec. 543. Vermont dams remediation.
Sec. 544. Puget Sound and adjacent waters restoration, Washington.
Sec. 545. Willapa Bay, Washington.
Sec. 546. Wynoochee Lake, Wynoochee River, Washington.
Sec. 547. Bluestone, West Virginia.
Sec. 548. Lesage/Greenbottom Swamp, West Virginia.
Sec. 549. Tug Fork River, West Virginia.
Sec. 550. Southern West Virginia.
Sec. 551. Surfside/Sunset and Newport Beach, California.
Sec. 552. Watershed management, restoration, and development.
Sec. 553. Maintenance of navigation channels.
Sec. 554. Hydrographic survey.
Sec. 555. Columbia River treaty fishing access.
Sec. 556. Release of use restriction.

             TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION

Sec. 601. Comprehensive Everglades restoration plan.
Sec. 602. Sense of Congress concerning Homestead Air Force Base.

           TITLE VII--MISSOURI RIVER RESTORATION, NORTH DAKOTA

Sec. 701. Short title.
Sec. 702. Findings and purposes.
Sec. 703. Definitions.
Sec. 704. Missouri River Trust.
Sec. 705. Missouri River Task Force.
Sec. 706. Administration.
Sec. 707. Authorization of appropriations.

                 TITLE VIII--WILDLIFE REFUGE ENHANCEMENT

Sec. 801. Short title.
Sec. 802. Purpose.
Sec. 803. Definitions.
Sec. 804. Conveyance of cabin sites.
Sec. 805. Rights of nonparticipating lessees.
Sec. 806. Conveyance to third parties.
Sec. 807. Use of proceeds.
Sec. 808. Administrative costs.
Sec. 809. Revocation of withdrawals.
Sec. 810. Authorization of appropriations.

           TITLE IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA

Sec. 901. Short title.
Sec. 902. Findings and purposes.
Sec. 903. Definitions.
Sec. 904. Missouri River Trust.
Sec. 905. Missouri River Task Force.
Sec. 906. Administration.
Sec. 907. Authorization of appropriations.

SEC. 2. <<NOTE: 33 USC 2201 note.>> DEFINITION OF SECRETARY.

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

[[Page 114 STAT. 2576]]

                    TITLE I--WATER RESOURCES PROJECTS

SEC. 101. PROJECT AUTHORIZATIONS.

    (a) Projects With Chief's Reports.--The following projects for water 
resources development and conservation and other purposes are authorized 
to be carried out by the Secretary substantially in accordance with the 
plans, and subject to the conditions, described in the respective 
reports designated in this subsection:
            (1) Barnegat inlet to little egg inlet, new jersey.--The 
        project for hurricane and storm damage reduction, Barnegat Inlet 
        to Little Egg Inlet, New Jersey: Report of the Chief of 
        Engineers dated July 26, 2000, at a total cost of $51,203,000, 
        with an estimated Federal cost of $33,282,000 and an estimated 
        non-Federal cost of $17,921,000, and at an estimated average 
        annual cost of $1,751,000 for periodic nourishment over the 50-
        year life of the project, with an estimated annual Federal cost 
        of $1,138,000 and an estimated annual non-Federal cost of 
        $613,000.
            (2) Port of new york and new jersey, new york and new 
        jersey.--
                    (A) In general.--The project for navigation, Port of 
                New York and New Jersey, New York and New Jersey: Report 
                of the Chief of Engineers dated May 2, 2000, at a total 
                cost of $1,781,234,000, with an estimated Federal cost 
                of $743,954,000 and an estimated non-Federal cost of 
                $1,037,280,000.
                    (B) Non-federal share.--
                          (i) In general.--The non-Federal share of the 
                      costs of the project may be provided in cash or in 
                      the form of in-kind services or materials.
                          (ii) Credit.--The Secretary shall credit 
                      toward the non-Federal share of the cost of the 
                      project the cost of design and construction work 
                      carried out by the non-Federal interest before the 
                      date of execution of a cooperation agreement for 
                      the project if the Secretary determines that the 
                      work is integral to the project.

    (b) Projects <<NOTE: Deadline.>> Subject to Final Report.--The 
following projects for water resources development and conservation and 
other purposes are authorized to be carried out by the Secretary 
substantially in accordance with the plans, and subject to the 
conditions, recommended in a final report of the Chief of Engineers if a 
favorable report of the Chief is completed not later than December 31, 
2000:
            (1) False pass harbor, alaska.--The project for navigation, 
        False Pass Harbor, Alaska, at a total cost of $15,552,000, with 
        an estimated Federal cost of $9,374,000 and an estimated non-
        Federal cost of $6,178,000.
            (2) Unalaska harbor, alaska.--The project for navigation, 
        Unalaska Harbor, Alaska, at a total cost of $20,000,000, with an 
        estimated Federal cost of $12,000,000 and an estimated non-
        Federal cost of $8,000,000, except that the date for completion 
        of the favorable report of the Chief of Engineers shall be 
        December 31, 2001, instead of December 31, 2000.
            (3) Rio de flag, flagstaff, arizona.--The project for flood 
        damage reduction, Rio de Flag, Flagstaff, Arizona, at a total

[[Page 114 STAT. 2577]]

        cost of $24,072,000, with an estimated Federal cost of 
        $15,576,000 and an estimated non-Federal cost of $8,496,000.
            (4) Tres rios, arizona.--The project for ecosystem 
        restoration, Tres Rios, Arizona, at a total cost of $99,320,000, 
        with an estimated Federal cost of $62,755,000 and an estimated 
        non-Federal cost of $36,565,000.
            (5) Los angeles harbor, california.--The project for 
        navigation, Los Angeles Harbor, California, at a total cost of 
        $153,313,000, with an estimated Federal cost of $43,735,000 and 
        an estimated non-Federal cost of $109,578,000.
            (6) Murrieta creek, california.--The project for flood 
        damage reduction and ecosystem restoration, Murrieta Creek, 
        California, described as alternative 6, based on the District 
        Engineer's Murrieta Creek feasibility report and environmental 
        impact statement dated October 2000, at a total cost of 
        $89,846,000, with an estimated Federal cost of $25,556,000 and 
        an estimated non-Federal cost of $64,290,000.
            (7) Pine flat dam, california.--The project for ecosystem 
        restoration, Pine Flat Dam, California, at a total cost of 
        $34,000,000, with an estimated Federal cost of $22,000,000 and 
        an estimated non-Federal cost of $12,000,000.
            (8) Santa barbara streams, lower mission creek, 
        california.--The project for flood damage reduction, Santa 
        Barbara streams, Lower Mission Creek, California, at a total 
        cost of $18,300,000, with an estimated Federal cost of 
        $9,200,000 and an estimated non-Federal cost of $9,100,000.
            (9) Upper newport bay, california.--The project for 
        ecosystem restoration, Upper Newport Bay, California, at a total 
        cost of $32,475,000, with an estimated Federal cost of 
        $21,109,000 and an estimated non-Federal cost of $11,366,000.
            (10) Whitewater river basin, california.--The project for 
        flood damage reduction, Whitewater River basin, California, at a 
        total cost of $28,900,000, with an estimated Federal cost of 
        $18,800,000 and an estimated non-Federal cost of $10,100,000.
            (11) Delaware coast from cape henlopen to fenwick island.--
        The project for hurricane and storm damage reduction, Delaware 
        Coast from Cape Henlopen to Fenwick Island, at a total cost of 
        $5,633,000, with an estimated Federal cost of $3,661,000 and an 
        estimated non-Federal cost of $1,972,000, and at an estimated 
        average annual cost of $920,000 for periodic nourishment over 
        the 50-year life of the project, with an estimated annual 
        Federal cost of $460,000 and an estimated annual non-Federal 
        cost of $460,000.
            (12) Port sutton, florida.--The project for navigation, Port 
        Sutton, Florida, at a total cost of $7,600,000, with an 
        estimated Federal cost of $4,900,000 and an estimated non-
        Federal cost of $2,700,000.
            (13) Barbers point harbor, hawaii.--The project for 
        navigation, Barbers Point Harbor, Hawaii, at a total cost of 
        $30,003,000, with an estimated Federal cost of $18,524,000 and 
        an estimated non-Federal cost of $11,479,000.
            (14) John myers lock and dam, indiana and kentucky.--The 
        project for navigation, John Myers Lock and Dam, Indiana and 
        Kentucky, at a total cost of $181,700,000. The costs of

[[Page 114 STAT. 2578]]

        construction of the project shall be paid \1/2\ from amounts 
        appropriated from the general fund of the Treasury and \1/2\ 
        from amounts appropriated from the Inland Waterways Trust Fund.
            (15) Greenup lock and dam, kentucky and ohio.--The project 
        for navigation, Greenup Lock and Dam, Kentucky and Ohio, at a 
        total cost of $175,500,000. The costs of construction of the 
        project shall be paid \1/2\ from amounts appropriated from the 
        general fund of the Treasury and \1/2\ from amounts appropriated 
        from the Inland Waterways Trust Fund.
            (16) Ohio river, kentucky, illinois, indiana, ohio, 
        pennsylvania, and west virginia.--
                    (A) In general.--Projects for ecosystem restoration, 
                Ohio River Mainstem, Kentucky, Illinois, Indiana, Ohio, 
                Pennsylvania, and West Virginia, at a total cost of 
                $307,700,000, with an estimated Federal cost of 
                $200,000,000 and an estimated non-Federal cost of 
                $107,700,000.
                    (B) Non-federal share.--
                          (i) In general.--The non-Federal share of the 
                      costs of any project under this paragraph may be 
                      provided in cash or in the form of in-kind 
                      services or materials.
                          (ii) Credit.--The Secretary shall credit 
                      toward the non-Federal share of the cost of a 
                      project under this paragraph the cost of design 
                      and construction work carried out by the non-
                      Federal interest before the date of execution of a 
                      cooperation agreement for the project if the 
                      Secretary determines that the work is integral to 
                      the project.
            (17) Morganza, louisiana, to gulf of mexico.--
                    (A) In general.--The project for hurricane and storm 
                damage reduction, Morganza, Louisiana, to the Gulf of 
                Mexico, at a total cost of $550,000,000, with an 
                estimated Federal cost of $358,000,000 and an estimated 
                non-Federal cost of $192,000,000.
                    (B) Credit.--The Secretary shall credit toward the 
                non-Federal share of the cost of the project the cost of 
                work carried out by the non-Federal interest for interim 
                flood protection after March 31, 1989, if the Secretary 
                determines that the work is integral to the project.
            (18) Monarch-chesterfield, missouri.--The project for flood 
        damage reduction, Monarch-Chesterfield, Missouri, at a total 
        cost of $58,090,000, with an estimated Federal cost of 
        $37,758,500 and an estimated non-Federal cost of $20,331,500.
            (19) Antelope creek, lincoln, nebraska.--The project for 
        flood damage reduction, Antelope Creek, Lincoln, Nebraska, at a 
        total cost of $46,310,000, with an estimated Federal cost of 
        $23,155,000 and an estimated non-Federal cost of $23,155,000.
            (20) Sand creek watershed, wahoo, nebraska.--The project for 
        ecosystem restoration and flood damage reduction, Sand Creek 
        watershed, Wahoo, Nebraska, at a total cost of $29,840,000, with 
        an estimated Federal cost of $16,870,000 and an estimated non-
        Federal cost of $12,970,000.
            (21) Western sarpy and clear creek, nebraska.--The project 
        for flood damage reduction, Western Sarpy and Clear

[[Page 114 STAT. 2579]]

        Creek, Nebraska, at a total cost of $15,643,000, with an 
        estimated Federal cost of $9,518,000 and an estimated non-
        Federal cost of $6,125,000.
            (22) Raritan bay and sandy hook bay, cliffwood beach, new 
        jersey.--The project for hurricane and storm damage reduction, 
        Raritan Bay and Sandy Hook Bay, Cliffwood Beach, New Jersey, at 
        a total cost of $5,219,000, with an estimated Federal cost of 
        $3,392,000 and an estimated non-Federal cost of $1,827,000, and 
        at an estimated average annual cost of $110,000 for periodic 
        nourishment over the 50-year life of the project, with an 
        estimated annual Federal cost of $55,000 and an estimated annual 
        non-Federal cost of $55,000.
            (23) Raritan bay and sandy hook bay, port monmouth, new 
        jersey.--The project for hurricane and storm damage reduction, 
        Raritan Bay and Sandy Hook Bay, Port Monmouth, New Jersey, at a 
        total cost of $32,064,000, with an estimated Federal cost of 
        $20,842,000 and an estimated non-Federal cost of $11,222,000, 
        and at an estimated average annual cost of $173,000 for periodic 
        nourishment over the 50-year life of the project, with an 
        estimated annual Federal cost of $86,500 and an estimated annual 
        non-Federal cost of $86,500.
            (24) Dare county beaches, north carolina.--The project for 
        hurricane and storm damage reduction, Dare County beaches, North 
        Carolina, at a total cost of $71,674,000, with an estimated 
        Federal cost of $46,588,000 and an estimated non-Federal cost of 
        $25,086,000, and at an estimated average annual cost of 
        $34,990,000 for periodic nourishment over the 50-year life of 
        the project, with an estimated annual Federal cost of 
        $17,495,000 and an estimated annual non-Federal cost of 
        $17,495,000.
            (25) Wolf river, memphis, tennessee.--The project for 
        ecosystem restoration, Wolf River, Memphis, Tennessee, at a 
        total cost of $9,118,000, with an estimated Federal cost of 
        $5,849,000 and an estimated non-Federal cost of $3,269,000.
            (26) Duwamish/green, washington.--The project for ecosystem 
        restoration, Duwamish/Green, Washington, at a total cost of 
        $112,860,000, with an estimated Federal cost of $73,360,000 and 
        an estimated non-Federal cost of $39,500,000.
            (27) Stillagumaish river basin, washington.--The project for 
        ecosystem restoration, Stillagumaish River basin, Washington, at 
        a total cost of $23,590,000, with an estimated Federal cost of 
        $15,680,000 and an estimated non-Federal cost of $7,910,000.
            (28) Jackson hole, wyoming.--
                    (A) In general.--The project for ecosystem 
                restoration, Jackson Hole, Wyoming, at a total cost of 
                $52,242,000, with an estimated Federal cost of 
                $33,957,000 and an estimated non-Federal cost of 
                $18,285,000.
                    (B) Non-federal share.--
                          (i) In general.--The non-Federal share of the 
                      costs of the project may be provided in cash or in 
                      the form of in-kind services or materials.
                          (ii) Credit.--The Secretary shall credit 
                      toward the non-Federal share of the cost of the 
                      project the cost of design and construction work 
                      carried out by the non-Federal interest before the 
                      date of execution of

[[Page 114 STAT. 2580]]

                      a cooperation agreement for the project if the 
                      Secretary determines that the work is integral to 
                      the project.

SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUCTION.

    (a) In General.--The Secretary shall conduct a study for each of the 
following projects and, if the Secretary determines that a project is 
feasible, may carry out the project under section 205 of the Flood 
Control Act of 1948 (33 U.S.C. 701s):
            (1) Buffalo island, arkansas.--Project for flood damage 
        reduction, Buffalo Island, Arkansas.
            (2) Anaverde creek, palmdale, california.--Project for flood 
        damage reduction, Anaverde Creek, Palmdale, California.
            (3) Castaic creek, old road bridge, santa clarita, 
        california.--Project for flood damage reduction, Castaic Creek, 
        Old Road bridge, Santa Clarita, California.
            (4) Santa clara river, old road bridge, santa clarita, 
        california.--Project for flood damage reduction, Santa Clara 
        River, Old Road bridge, Santa Clarita, California.
            (5) Weiser river, idaho.--Project for flood damage 
        reduction, Weiser River, Idaho.
            (6) Columbia levee, columbia, illinois.--Project for flood 
        damage reduction, Columbia Levee, Columbia, Illinois.
            (7) East-west creek, riverton, illinois.--Project for flood 
        damage reduction, East-West Creek, Riverton, Illinois.
            (8) Prairie du pont, illinois.--Project for flood damage 
        reduction, Prairie Du Pont, Illinois.
            (9) Monroe county, illinois.--Project for flood damage 
        reduction, Monroe County, Illinois.
            (10) Willow creek, meredosia, illinois.--Project for flood 
        damage reduction, Willow Creek, Meredosia, Illinois.
            (11) Dykes branch channel, leawood, kansas.--Project for 
        flood damage reduction, Dykes Branch channel improvements, 
        Leawood, Kansas.
            (12) Dykes branch tributaries, leawood, kansas.--Project for 
        flood damage reduction, Dykes Branch tributary improvements, 
        Leawood, Kansas.
            (13) Kentucky river, frankfort, kentucky.--Project for flood 
        damage reduction, Kentucky River, Frankfort, Kentucky.
            (14) Bayou tete l'ours, louisiana.--Project for flood damage 
        reduction, Bayou Tete L'Ours, Louisiana.
            (15) Bossier city, louisiana.--Project for flood damage 
        reduction, Red Chute Bayou levee, Bossier City, Louisiana.
            (16) Bossier parish, louisiana.--Project for flood damage 
        reduction, Cane Bend Subdivision, Bossier Parish, Louisiana.
            (17) Braithwaite park, louisiana.--Project for flood damage 
        reduction, Braithwaite Park, Louisiana.
            (18) Crown point, louisiana.--Project for flood damage 
        reduction, Crown Point, Louisiana.
            (19) Donaldsonville canals, louisiana.--Project for flood 
        damage reduction, Donaldsonville Canals, Louisiana.
            (20) Goose bayou, louisiana.--Project for flood damage 
        reduction, Goose Bayou, Louisiana.
            (21) Gumby dam, louisiana.--Project for flood damage 
        reduction, Gumby Dam, Richland Parish, Louisiana.
            (22) Hope canal, louisiana.--Project for flood damage 
        reduction, Hope Canal, Louisiana.

[[Page 114 STAT. 2581]]

            (23) Jean lafitte, louisiana.--Project for flood damage 
        reduction, Jean Lafitte, Louisiana.
            (24) Lakes maurepas and pontchartrain canals, st. john the 
        baptist parish, louisiana.--Project for flood damage reduction, 
        Lakes Maurepas and Pontchartrain Canals, St. John the Baptist 
        Parish, Louisiana.
            (25) Lockport to larose, louisiana.--Project for flood 
        damage reduction, Lockport to Larose, Louisiana.
            (26) Lower lafitte basin, louisiana.--Project for flood 
        damage reduction, Lower Lafitte basin, Louisiana.
            (27) Oakville to lareussite, louisiana.--Project for flood 
        damage reduction, Oakville to LaReussite, Louisiana.
            (28) Pailet basin, louisiana.--Project for flood damage 
        reduction, Pailet basin, Louisiana.
            (29) Pochitolawa creek, louisiana.--Project for flood damage 
        reduction, Pochitolawa Creek, Louisiana.
            (30) Rosethorn basin, louisiana.--Project for flood damage 
        reduction, Rosethorn basin, Louisiana.
            (31) Shreveport, louisiana.--Project for flood damage 
        reduction, Twelve Mile Bayou, Shreveport, Louisiana.
            (32) Stephensville, louisiana.--Project for flood damage 
        reduction, Stephensville, Louisiana.
            (33) St. john the baptist parish, louisiana.--Project for 
        flood damage reduction, St. John the Baptist Parish, Louisiana.
            (34) Magby creek and vernon branch, mississippi.--Project 
        for flood damage reduction, Magby Creek and Vernon Branch, 
        Lowndes County, Mississippi.
            (35) Pennsville township, salem county, new jersey.--Project 
        for flood damage reduction, Pennsville Township, Salem County, 
        New Jersey.
            (36) Hempstead, new york.--Project for flood damage 
        reduction, Hempstead, New York.
            (37) Highland brook, highland falls, new york.--Project for 
        flood damage reduction, Highland Brook, Highland Falls, New 
        York.
            (38) Lafayette township, ohio.--Project for flood damage 
        reduction, Lafayette Township, Ohio.
            (39) West lafayette, ohio.--Project for flood damage 
        reduction, West Lafayette, Ohio.
            (40) Bear creek and tributaries, medford, oregon.--Project 
        for flood damage reduction, Bear Creek and tributaries, Medford, 
        Oregon.
            (41) Delaware canal and brock creek, yardley borough, 
        pennsylvania.--Project for flood damage reduction, Delaware 
        Canal and Brock Creek, Yardley Borough, Pennsylvania.
            (42) Fritz landing, tennessee.--Project for flood damage 
        reduction, Fritz Landing, Tennessee.
            (43) First creek, fountain city, knoxville, tennessee.--
        Project for flood damage reduction, First Creek, Fountain City, 
        Knoxville, Tennessee.
            (44) Mississippi river, ridgely, tennessee.--Project for 
        flood damage reduction, Mississippi River, Ridgely, Tennessee.

    (b) Magpie Creek, Sacramento County, California.--In formulating the 
project for Magpie Creek, California, authorized by section 102(a)(4) of 
the Water Resources Development Act of 1999 (113 Stat. 281) to be 
carried out under section 205 of the

[[Page 114 STAT. 2582]]

Flood Control Act of 1948 (33 U.S.C. 701s), the Secretary may consider 
benefits from the full utilization of existing improvements at McClellan 
Air Force Base that would result from the project after conversion of 
the base to civilian use.
SEC. 103. SMALL PROJECTS FOR EMERGENCY STREAMBANK PROTECTION.

    The Secretary shall conduct a study for each of the following 
projects and, if the Secretary determines that a project is feasible, 
may carry out the project under section 14 of the Flood Control Act of 
1946 (33 U.S.C. 701r):
            (1) Maumee river, fort wayne, indiana.--Project for 
        emergency streambank protection, Maumee River, Fort Wayne, 
        Indiana.
            (2) Bayou des glaises, louisiana.--Project for emergency 
        streambank protection, Bayou des Glaises (Lee Chatelain Road), 
        Avoyelles Parish, Louisiana.
            (3) Bayou plaquemine, louisiana.--Project for emergency 
        streambank protection, Highway 77, Bayou Plaquemine, Iberville 
        Parish, Louisiana.
            (4) Bayou sorrell, iberville parish, louisiana.--Project for 
        emergency streambank protection, Bayou Sorrell, Iberville 
        Parish, Louisiana.
            (5) Hammond, louisiana.--Project for emergency streambank 
        protection, Fagan Drive Bridge, Hammond, Louisiana.
            (6) Iberville parish, louisiana.--Project for emergency 
        streambank protection, Iberville Parish, Louisiana.
            (7) Lake arthur, louisiana.--Project for emergency 
        streambank protection, Parish Road 120 at Lake Arthur, 
        Louisiana.
            (8) Lake charles, louisiana.--Project for emergency 
        streambank protection, Pithon Coulee, Lake Charles, Calcasieu 
        Parish, Louisiana.
            (9) Loggy bayou, louisiana.--Project for emergency 
        streambank protection, Loggy Bayou, Bienville Parish, Louisiana.
            (10) Scotlandville bluff, louisiana.--Project for emergency 
        streambank protection, Scotlandville Bluff, East Baton Rouge 
        Parish, Louisiana.

SEC. 104. SMALL PROJECTS FOR NAVIGATION.

    The Secretary shall conduct a study for each of the following 
projects and, if the Secretary determines that a project is feasible, 
may carry out the project under section 107 of the River and Harbor Act 
of 1960 (33 U.S.C. 577):
            (1) Whittier, alaska.--Project for navigation, Whittier, 
        Alaska.
            (2) Cape coral south spreader waterway, florida.--Project 
        for navigation, Cape Coral South Spreader Waterway, Lee County, 
        Florida.
            (3) Houma navigation canal, louisiana.--Project for 
        navigation, Houma Navigation Canal, Terrebonne Parish, 
        Louisiana.
            (4) Vidalia port, louisiana.--Project for navigation, 
        Vidalia Port, Louisiana.
            (5) East two rivers, tower, minnesota.--Project for 
        navigation, East Two Rivers, Tower, Minnesota.

[[Page 114 STAT. 2583]]

            (6) Erie basin marina, buffalo, new york.--Project for 
        navigation, Erie Basin marina, Buffalo, New York.
            (7) Lake michigan, lakeshore state park, milwaukee, 
        wisconsin.--Project for navigation, Lake Michigan, Lakeshore 
        State Park, Milwaukee, Wisconsin.
            (8) Saxon harbor, francis, wisconsin.--Project for 
        navigation, Saxon Harbor, Francis, Wisconsin.
SEC. 105. SMALL PROJECTS FOR IMPROVEMENT OF THE QUALITY OF THE 
                        ENVIRONMENT.

    The Secretary shall conduct a study for each of the following 
projects and, if the Secretary determines that a project is appropriate, 
may carry out the project under section 1135(a) of the Water Resources 
Development Act of 1986 (33 U.S.C. 2309a(a)):
            (1) Nahant marsh, davenport, iowa.--Project for improvement 
        of the quality of the environment, Nahant Marsh, Davenport, 
        Iowa.
            (2) Bayou sauvage national wildlife refuge, louisiana.--
        Project for improvement of the quality of the environment, Bayou 
        Sauvage National Wildlife Refuge, Orleans Parish, Louisiana.
            (3) Gulf intracoastal waterway, bayou plaquemine, 
        louisiana.--Project for improvement of the quality of the 
        environment, Gulf Intracoastal Waterway, Bayou Plaquemine, 
        Iberville Parish, Louisiana.
            (4) Gulf intracoastal waterway, miles 220 to 222.5, 
        louisiana.--Project for improvement of the quality of the 
        environment, Gulf Intracoastal Waterway, miles 220 to 222.5, 
        Vermilion Parish, Louisiana.
            (5) Gulf intracoastal waterway, weeks bay, louisiana.--
        Project for improvement of the quality of the environment, Gulf 
        Intracoastal Waterway, Weeks Bay, Iberia Parish, Louisiana.
            (6) Lake fausse point, louisiana.--Project for improvement 
        of the quality of the environment, Lake Fausse Point, Louisiana.
            (7) Lake providence, louisiana.--Project for improvement of 
        the quality of the environment, Old River, Lake Providence, 
        Louisiana.
            (8) New river, louisiana.--Project for improvement of the 
        quality of the environment, New River, Ascension Parish, 
        Louisiana.
            (9) Erie county, ohio.--Project for improvement of the 
        quality of the environment, Sheldon's Marsh State Nature 
        Preserve, Erie County, Ohio.
            (10) Muskingum county, ohio.--Project for improvement of the 
        quality of the environment, Dillon Reservoir watershed, Licking 
        River, Muskingum County, Ohio.

SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.

    (a) In General.--The Secretary shall conduct a study for each of the 
following projects and, if the Secretary determines that a project is 
appropriate, may carry out the project under section 206 of the Water 
Resources Development Act of 1996 (33 U.S.C. 2330):
            (1) Arkansas river, pueblo, colorado.--Project for aquatic 
        ecosystem restoration, Arkansas River, Pueblo, Colorado.

[[Page 114 STAT. 2584]]

            (2) Hayden diversion project, yampa river, colorado.--
        Project for aquatic ecosystem restoration, Hayden Diversion 
        Project, Yampa River, Colorado.
            (3) Little econlockhatchee river basin, florida.--Project 
        for aquatic ecosystem restoration, Little Econlockhatchee River 
        basin, Florida.
            (4) Loxahatchee slough, palm beach county, florida.--Project 
        for aquatic ecosystem restoration, Loxahatchee Slough, Palm 
        Beach County, Florida.
            (5) Stevenson creek estuary, florida.--Project for aquatic 
        ecosystem restoration, Stevenson Creek estuary, Florida.
            (6) Chouteau island, madison county, illinois.--Project for 
        aquatic ecosystem restoration, Chouteau Island, Madison County, 
        Illinois.
            (7) Braud bayou, louisiana.--Project for aquatic ecosystem 
        restoration, Braud Bayou, Spanish Lake, Ascension Parish, 
        Louisiana.
            (8) Buras marina, louisiana.--Project for aquatic ecosystem 
        restoration, Buras Marina, Buras, Plaquemines Parish, Louisiana.
            (9) Comite river, louisiana.--Project for aquatic ecosystem 
        restoration, Comite River at Hooper Road, Louisiana.
            (10) Department of energy 21-inch pipeline canal, 
        louisiana.--Project for aquatic ecosystem restoration, 
        Department of Energy 21-inch Pipeline Canal, St. Martin Parish, 
        Louisiana.
            (11) Lake borgne, louisiana.--Project for aquatic ecosystem 
        restoration, southern shores of Lake Borgne, Louisiana.
            (12) Lake martin, louisiana.--Project for aquatic ecosystem 
        restoration, Lake Martin, Louisiana.
            (13) Luling, louisiana.--Project for aquatic ecosystem 
        restoration, Luling Oxidation Pond, St. Charles Parish, 
        Louisiana.
            (14) Mandeville, louisiana.--Project for aquatic ecosystem 
        restoration, Mandeville, St. Tammany Parish, Louisiana.
            (15) St. james, louisiana.--Project for aquatic ecosystem 
        restoration, St. James, Louisiana.
            (16) Saginaw bay, bay city, michigan.--Project for aquatic 
        ecosystem restoration, Saginaw Bay, Bay City, Michigan.
            (17) Rainwater basin, nebraska.--Project for aquatic 
        ecosystem restoration, Rainwater Basin, Nebraska.
            (18) Mines falls park, new hampshire.--Project for aquatic 
        ecosystem restoration, Mines Falls Park, New Hampshire.
            (19) North hampton, new hampshire.--Project for aquatic 
        ecosystem restoration, Little River Salt Marsh, North Hampton, 
        New Hampshire.
            (20) Cazenovia lake, madison county, new york.--Project for 
        aquatic ecosystem restoration, Cazenovia Lake, Madison County, 
        New York, including efforts to address aquatic invasive plant 
        species.
            (21) Chenango lake, chenango county, new york.--Project for 
        aquatic ecosystem restoration, Chenango Lake, Chenango County, 
        New York, including efforts to address aquatic invasive plant 
        species.
            (22) Eagle lake, new york.--Project for aquatic ecosystem 
        restoration, Eagle Lake, Ticonderoga, New York.

[[Page 114 STAT. 2585]]

            (23) Ossining, new york.--Project for aquatic ecosystem 
        restoration, Ossining, New York.
            (24) Saratoga lake, new york.--Project for aquatic ecosystem 
        restoration, Saratoga Lake, New York.
            (25) Schroon lake, new york.--Project for aquatic ecosystem 
        restoration, Schroon Lake, New York.
            (26) Highland county, ohio.--Project for aquatic ecosystem 
        restoration, Rocky Fork Lake, Clear Creek floodplain, Highland 
        County, Ohio.
            (27) Hocking county, ohio.--Project for aquatic ecosystem 
        restoration, Long Hollow Mine, Hocking County, Ohio.
            (28) Middle cuyahoga river, kent, ohio.--Project for aquatic 
        ecosystem restoration, Middle Cuyahoga River, Kent, Ohio.
            (29) Tuscarawas county, ohio.--Project for aquatic ecosystem 
        restoration, Huff Run, Tuscarawas County, Ohio.
            (30) Delta ponds, oregon.--Project for aquatic ecosystem 
        restoration, Delta Ponds, Oregon.
            (31) Central amazon creek, eugene, oregon.--Project for 
        aquatic ecosystem restoration, Central Amazon Creek, Eugene, 
        Oregon.
            (32) Eugene millrace, eugene, oregon.--Project for aquatic 
        ecosystem restoration, Eugene Millrace, Eugene, Oregon.
            (33) Bear creek watershed, medford, oregon.--Project for 
        aquatic ecosystem restoration, Bear Creek watershed, Medford, 
        Oregon.
            (34) Lone pine and lazy creeks, medford, oregon.--Project 
        for aquatic ecosystem restoration, Lone Pine and Lazy Creeks, 
        Medford, Oregon.
            (35) Roslyn lake, oregon.--Project for aquatic ecosystem 
        restoration, Roslyn Lake, Oregon.
            (36) Tullytown borough, pennsylvania.--Project for aquatic 
        ecosystem restoration, Tullytown Borough, Pennsylvania.

    (b) Salmon River, Idaho.--The Secretary may credit toward the non-
Federal share of the cost of the project for aquatic ecosystem 
restoration, Salmon River, Idaho, to be carried out under section 206 of 
the Water Resources Development Act of 1996 (33 U.S.C. 2330) the cost of 
work (consisting of surveys, studies, and development of technical data) 
carried out by the non-Federal interest if the Secretary determines that 
the work is integral to the project.

SEC. 107. SMALL PROJECTS FOR SHORELINE PROTECTION.

    The Secretary shall conduct a study for each of the following 
projects and, if the Secretary determines that a project is feasible, 
may carry out the project under section 3 of the Act entitled ``An Act 
authorizing Federal participation in the cost of protecting the shores 
of publicly owned property'', approved August 13, 1946 (33 U.S.C. 426g):
            (1) Lake palourde, louisiana.--Project for beach restoration 
        and protection, Highway 70, Lake Palourde, St. Mary and St. 
        Martin Parishes, Louisiana.
            (2) St. bernard, louisiana.--Project for beach restoration 
        and protection, Bayou Road, St. Bernard, Louisiana.

[[Page 114 STAT. 2586]]

            (3) Hudson river, dutchess county, new york.--Project for 
        beach restoration and protection, Hudson River, Dutchess County, 
        New York.

SEC. 108. SMALL PROJECTS FOR SNAGGING AND SEDIMENT REMOVAL.

    The Secretary shall conduct a study for each of the following 
projects and, if the Secretary determines that a project is feasible, 
the Secretary may carry out the project under section 2 of the Flood 
Control Act of August 28, 1937 (33 U.S.C. 701g):
            (1) Sangamon river and tributaries, riverton, illinois.--
        Project for removal of snags and clearing and straightening of 
        channels for flood control, Sangamon River and tributaries, 
        Riverton, Illinois.
            (2) Bayou manchac, louisiana.--Project for removal of snags 
        and clearing and straightening of channels for flood control, 
        Bayou Manchac, Ascension Parish, Louisiana.
            (3) Black bayou and hippolyte coulee, louisiana.--Project 
        for removal of snags and clearing and straightening of channels 
        for flood control, Black Bayou and Hippolyte Coulee, Calcasieu 
        Parish, Louisiana.

SEC. 109. SMALL PROJECT FOR MITIGATION OF SHORE DAMAGE.

    The Secretary shall conduct a study of shore damage at Puget Island, 
Columbia River, Washington, to determine if the damage is the result of 
the project for navigation, Columbia River, Washington, authorized by 
the first section of the Rivers and Harbors Appropriations Act of June 
13, 1902 (32 Stat. 369), and, if the Secretary determines that the 
damage is the result of the project for navigation and that a project to 
mitigate the damage is appropriate, the Secretary may carry out the 
project to mitigate the damage under section 111 of the River and Harbor 
Act of 1968 (33 U.S.C. 426i).

SEC. 110. BENEFICIAL USES OF DREDGED MATERIAL.

    The Secretary may carry out the following projects under section 204 
of the Water Resources Development Act of 1992 (33 U.S.C. 2326):
            (1) Houma navigation canal, louisiana.--Project to make 
        beneficial use of dredged material from a Federal navigation 
        project that includes barrier island restoration at the Houma 
        Navigation Canal, Terrebonne Parish, Louisiana.
            (2) Mississippi river gulf outlet, mile -3 to mile -9, 
        louisiana.--Project to make beneficial use of dredged material 
        from a Federal navigation project that includes dredging of the 
        Mississippi River Gulf Outlet, mile -3 to mile -9, St. Bernard 
        Parish, Louisiana.
            (3) Mississippi river gulf outlet, mile 11 to mile 4, 
        louisiana.--Project to make beneficial use of dredged material 
        from a Federal navigation project that includes dredging of the 
        Mississippi River Gulf Outlet, mile 11 to mile 4, St. Bernard 
        Parish, Louisiana.
            (4) Plaquemines parish, louisiana.--Project to make 
        beneficial use of dredged material from a Federal navigation 
        project that includes marsh creation at the contained submarine 
        maintenance dredge sediment trap, Plaquemines Parish, Louisiana.

[[Page 114 STAT. 2587]]

            (5) St. louis county, minnesota.--Project to make beneficial 
        use of dredged material from a Federal navigation project in St. 
        Louis County, Minnesota.
            (6) Ottawa county, ohio.--Project to make beneficial use of 
        dredged material from a Federal navigation project to protect, 
        restore, and create aquatic and related habitat, East Harbor 
        State Park, Ottawa County, Ohio.

SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

    Section 217 of the Water Resources Development Act of 1999 (113 
Stat. 294) is amended by adding at the end the following:
    ``(f) Fort Canby State Park, Benson Beach, Washington.--The 
Secretary may design and construct a shore protection project at Fort 
Canby State Park, Benson Beach, Washington, including beneficial use of 
dredged material from a Federal navigation project under section 145 of 
the Water Resources Development Act of 1976 (33 U.S.C. 426j) or section 
204 of the Water Resources Development Act of 1992 (33 U.S.C. 2326).''.

SEC. 112. PETALUMA RIVER, PETALUMA, CALIFORNIA.

    (a) In General.--The Secretary shall carry out the Petaluma River 
project, at the city of Petaluma, Sonoma County, California, to provide 
a 100-year level of flood protection to the city in accordance with the 
detailed project report of the San Francisco District Engineer, dated 
March 1995, at a total cost of $32,227,000.
    (b) Reimbursement.--The Secretary shall reimburse the non-Federal 
interest for any project costs that the non-Federal interest has 
incurred in excess of the non-Federal share of project costs, regardless 
of the date on which the costs were incurred.
    (c) Cost Sharing.--For purposes of reimbursement under subsection 
(b), cost sharing for work performed on the project before the date of 
enactment of this Act shall be determined in accordance with section 
103(a) of the Water Resources Development Act of 1986 (33 U.S.C. 
2213(a)).

                      TITLE II--GENERAL PROVISIONS

SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.

    Section 221(a) of the Flood Control Act of 1970 (42 U.S.C. 1962d-
5b(a)) is amended in the second sentence--
            (1) by striking ``State legislative'';
            (2) by striking ``State constitutional'' and inserting 
        ``constitutional''; and
            (3) by inserting before the period at the end the following: 
        ``of the State or a political subdivision of the State''.

SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.

    Section 729 of the Water Resources Development Act of 1986 (100 
Stat. 4164) is amended to read as follows:

``SEC. 729. <<NOTE: 33 USC 2267a.>> WATERSHED AND RIVER BASIN 
            ASSESSMENTS.

    ``(a) In General.--The Secretary may assess the water resources 
needs of river basins and watersheds of the United States, including 
needs relating to--
            ``(1) ecosystem protection and restoration;
            ``(2) flood damage reduction;
            ``(3) navigation and ports;

[[Page 114 STAT. 2588]]

            ``(4) watershed protection;
            ``(5) water supply; and
            ``(6) drought preparedness.

    ``(b) Cooperation.--An assessment under subsection (a) shall be 
carried out in cooperation and coordination with--
            ``(1) the Secretary of the Interior;
            ``(2) the Secretary of Agriculture;
            ``(3) the Secretary of Commerce;
            ``(4) the Administrator of the Environmental Protection 
        Agency; and
            ``(5) the heads of other appropriate agencies.

    ``(c) Consultation.--In carrying out an assessment under subsection 
(a), the Secretary shall consult with Federal, tribal, State, 
interstate, and local governmental entities.
    ``(d) Priority River Basins and Watersheds.--In selecting river 
basins and watersheds for assessment under this section, the Secretary 
shall give priority to--
            ``(1) the Delaware River basin;
            ``(2) the Kentucky River basin;
            ``(3) the Potomac River basin;
            ``(4) the Susquehanna River basin; and
            ``(5) the Willamette River basin.

    ``(e) Acceptance of Contributions.--In carrying out an assessment 
under subsection (a), the Secretary may accept contributions, in cash or 
in kind, from Federal, tribal, State, interstate, and local governmental 
entities to the extent that the Secretary determines that the 
contributions will facilitate completion of the assessment.
    ``(f) Cost-Sharing Requirements.--
            ``(1) Non-federal share.--The non-Federal share of the costs 
        of an assessment carried out under this section shall be 50 
        percent.
            ``(2) Credit.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                Secretary may credit toward the non-Federal share of an 
                assessment under this section the cost of services, 
                materials, supplies, or other in-kind contributions 
                provided by the non-Federal interests for the 
                assessment.
                    ``(B) Maximum amount of credit.--The credit under 
                subparagraph (A) may not exceed an amount equal to 25 
                percent of the costs of the assessment.

    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000.''.

SEC. 203. <<NOTE: 33 USC 2269.>> TRIBAL PARTNERSHIP PROGRAM.

    (a) Definition of Indian Tribe.--In this section, the term ``Indian 
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Program.--
            (1) In general.--In cooperation with Indian tribes and the 
        heads of other Federal agencies, the Secretary may study and 
        determine the feasibility of carrying out water resources 
        development projects that--
                    (A) will substantially benefit Indian tribes; and

[[Page 114 STAT. 2589]]

                    (B) are located primarily within Indian country (as 
                defined in section 1151 of title 18, United States Code) 
                or in proximity to Alaska Native villages.
            (2) Matters to be studied.--A study conducted under 
        paragraph (1) may address--
                    (A) projects for flood damage reduction, 
                environmental restoration and protection, and 
                preservation of cultural and natural resources; and
                    (B) such other projects as the Secretary, in 
                cooperation with Indian tribes and the heads of other 
                Federal agencies, determines to be appropriate.

    (c) Consultation and Coordination With Secretary of the Interior.--
            (1) In general.--In recognition of the unique role of the 
        Secretary of the Interior concerning trust responsibilities with 
        Indian tribes and in recognition of mutual trust 
        responsibilities, the Secretary shall consult with the Secretary 
        of the Interior concerning studies conducted under subsection 
        (b).
            (2) Integration of activities.--The Secretary shall--
                    (A) integrate civil works activities of the 
                Department of the Army with activities of the Department 
                of the Interior to avoid conflicts, duplications of 
                effort, or unanticipated adverse effects on Indian 
                tribes; and
                    (B) consider the authorities and programs of the 
                Department of the Interior and other Federal agencies in 
                any recommendations concerning carrying out projects 
                studied under subsection (b).

    (d) Cost Sharing.--
            (1) Ability to pay.--
                    (A) In general.--Any cost-sharing agreement for a 
                study under subsection (b) shall be subject to the 
                ability of the non-Federal interest to pay.
                    (B) Use of procedures.--The ability of a non-Federal 
                interest to pay shall be determined by the Secretary in 
                accordance with procedures established by the Secretary.
            (2) Credit.--The Secretary may credit toward the non-Federal 
        share of the costs of a study under subsection (b) the cost of 
        services, studies, supplies, or other in-kind contributions 
        provided by the non-Federal interest if the Secretary determines 
        that the services, studies, supplies, and other in-kind 
        contributions will facilitate completion of the study.

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (b) $5,000,000 for each of fiscal 
years 2002 through 2006, of which not more than $1,000,000 may be used 
with respect to any 1 Indian tribe.

SEC. 204. ABILITY TO PAY.

    Section 103(m) of the Water Resources Development Act of 1986 (33 
U.S.C. 2213(m)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--Any cost-sharing agreement under this 
        section for a feasibility study, or for construction of an 
        environmental protection and restoration project, a flood 
        control project, a project for navigation, storm damage 
        protection, shoreline erosion, hurricane protection, or 
        recreation, or an agricultural

[[Page 114 STAT. 2590]]

        water supply project, shall be subject to the ability of the 
        non-Federal interest to pay.
            ``(2) Criteria <<NOTE: Deadline.>> and procedures.--The 
        ability of a non-Federal interest to pay shall be determined by 
        the Secretary in accordance with criteria and procedures in 
        effect under paragraph (3) on the day before the date of 
        enactment of the Water Resources Development Act of 2000; except 
        that such criteria and procedures shall be revised, and new 
        criteria and procedures shall be developed, not later than 180 
        days after such date of enactment to reflect the requirements of 
        such paragraph (3).''; and
            (2) in paragraph (3)--
                    (A) by inserting ``and'' after the semicolon at the 
                end of subparagraph (A)(ii);
                    (B) by striking subparagraph (B); and
                    (C) by redesignating subparagraph (C) as 
                subparagraph (B).

SEC. 205. <<NOTE: 33 USC 2337.>> PROPERTY PROTECTION PROGRAM.

    (a) In General.--The Secretary may carry out a program to reduce 
vandalism and destruction of property at water resources development 
projects under the jurisdiction of the Department of the Army.
    (b) Provision of Rewards.--In carrying out the program, the 
Secretary may provide rewards (including cash rewards) to individuals 
who provide information or evidence leading to the arrest and 
prosecution of individuals causing damage to Federal property.
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000 for fiscal year 2001 and 
each fiscal year thereafter.

SEC. 206. <<NOTE: 33 USC 2323a note.>> NATIONAL RECREATION RESERVATION 
            SERVICE.

    Notwithstanding section 611 of the Treasury and General Government 
Appropriations Act, 1999 (112 Stat. 2681-515), the Secretary may--
            (1) participate in the National Recreation Reservation 
        Service on an interagency basis; and
            (2) pay the Department of the Army's share of the activities 
        required to implement, operate, and maintain the Service.

SEC. 207. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

    Section 234(d) of the Water Resources Development Act of 1996 (33 
U.S.C. 2323a(d)) is amended--
            (1) by striking the first sentence and inserting the 
        following: ``There <<NOTE: Appropriation authorization.>> is 
        authorized to be appropriated to carry out this section $250,000 
        for fiscal year 2001 and each fiscal year thereafter.''; and
            (2) in the second sentence by inserting ``out'' after 
        ``carry''.

SEC. 208. <<NOTE: 33 USC 2338.>> REBURIAL AND CONVEYANCE AUTHORITY.

    (a) Definition of Indian Tribe.--In this section, the term ``Indian 
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Reburial.--
            (1) Reburial areas.--In consultation with affected Indian 
        tribes, the Secretary may identify and set aside areas at civil

[[Page 114 STAT. 2591]]

        works projects of the Department of the Army that may be used to 
        rebury Native American remains that--
                    (A) have been discovered on project land; and
                    (B) have been rightfully claimed by a lineal 
                descendant or Indian tribe in accordance with applicable 
                Federal law.
            (2) Reburial.--In consultation with and with the consent of 
        the lineal descendant or the affected Indian tribe, the 
        Secretary may recover and rebury, at Federal expense, the 
        remains at the areas identified and set aside under subsection 
        (b)(1).

    (c) Conveyance Authority.--
            (1) In general.--Subject to paragraph (2), notwithstanding 
        any other provision of law, the Secretary may convey to an 
        Indian tribe for use as a cemetery an area at a civil works 
        project that is identified and set aside by the Secretary under 
        subsection (b)(1).
            (2) Retention of necessary property interests.--In carrying 
        out paragraph (1), the Secretary shall retain any necessary 
        right-of-way, easement, or other property interest that the 
        Secretary determines to be necessary to carry out the authorized 
        purposes of the project.

SEC. 209. FLOODPLAIN MANAGEMENT REQUIREMENTS.

    (a) In General.--Section 402(c) of the Water Resources Development 
Act of 1986 (33 U.S.C. 701b-12(c)) is amended--
            (1) in the first sentence of paragraph (1) by striking 
        ``Within 6 months after the date of the enactment of this 
        subsection, the'' and inserting ``The'';
            (2) by redesignating paragraph (2) as paragraph (3);
            (3) by striking ``Such guidelines shall address'' and 
        inserting the following:
            ``(2) Required elements.--The guidelines developed under 
        paragraph (1) shall--
                    ``(A) address''; and
            (4) in paragraph (2) (as designated by paragraph (3) of this 
        subsection)--
                    (A) by inserting ``to be undertaken by non-Federal 
                interests to'' after ``policies'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) address those measures to be undertaken by 
                non-Federal interests to preserve the level of flood 
                protection provided by a project to which subsection (a) 
                applies.''.

    (b) Applicability.--The <<NOTE: 33 USC 701b-12 note.>> amendments 
made by subsection (a) shall apply to any project or separable element 
of a project with respect to which the Secretary and the non-Federal 
interest have not entered a project cooperation agreement on or before 
the date of enactment of this Act.

    (c) Technical Amendments.--Section 402(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 701b-12(b)) is amended--
            (1) in the subsection heading by striking ``Flood Plain'' 
        and inserting ``Floodplain''; and
            (2) in the first sentence by striking ``flood plain'' and 
        inserting ``floodplain''.

[[Page 114 STAT. 2592]]

SEC. 210. NONPROFIT ENTITIES.

    (a) Environmental Dredging.--Section 312 of the Water Resources 
Development Act of 1990 (33 U.S.C. 1272) is amended by adding at the end 
the following:
    ``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out 
under this section, a non-Federal sponsor may include a nonprofit 
entity, with the consent of the affected local government.''.
    (b) Lakes Program.--Section 602 of the Water Resources Development 
Act of 1986 (100 Stat. 4148-4149) is amended by redesignating subsection 
(d) as subsection (e) and by inserting after subsection (c) the 
following:
    ``(d) Nonprofit Entities.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b), for any project carried out 
under this section, a non-Federal interest may include a nonprofit 
entity with the consent of the affected local government.''.
    (c) Project Modifications for Improvement of Environment.--Section 
1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) is 
amended by redesignating subsections (g) and (h) as subsections (h) and 
(i), respectively, and by inserting after subsection (f) the following:
    ``(g) Nonprofit Entities.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b), a non-Federal sponsor for any 
project carried out under this section may include a nonprofit entity, 
with the consent of the affected local government.''.

SEC. 211. <<NOTE: 31 USC 6505 note.>> PERFORMANCE OF SPECIALIZED OR 
            TECHNICAL SERVICES.

    (a) Definition of State.--In this section, the term ``State'' has 
the meaning given the term in section 6501 of title 31, United States 
Code.
    (b) Authority.--The Corps of Engineers may provide specialized or 
technical services to a Federal agency (other than an agency of the 
Department of Defense) or a State or local government under section 6505 
of title 31, United States Code, only if the chief executive of the 
requesting entity submits to the Secretary--
            (1) a written request describing the scope of the services 
        to be performed and agreeing to reimburse the Corps for all 
        costs associated with the performance of the services; and
            (2) a certification that includes adequate facts to 
        establish that the services requested are not reasonably and 
        quickly available through ordinary business channels.

    (c) Corps Agreement To Perform Services.--The Secretary, after 
receiving a request described in subsection (b) to provide specialized 
or technical services, shall, before entering into an agreement to 
perform the services--
            (1) ensure that the requirements of subsection (b) are met 
        with regard to the request for services; and
            (2) execute a certification that includes adequate facts to 
        establish that the Corps is uniquely equipped to perform such 
        services.

    (d) Annual Report to Congress.--
            (1) In <<NOTE: Deadline.>> general.--Not later than the last 
        day of each calendar year, the Secretary shall provide to the 
        Committee on

[[Page 114 STAT. 2593]]

        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report identifying any request submitted 
        by a Federal agency (other than an agency of the Department of 
        Defense) or a State or local government to the Corps to provide 
        specialized or technical services.
            (2) Contents of report.--The report shall include, with 
        respect to each request described in paragraph (1)--
                    (A) a description of the scope of services 
                requested;
                    (B) the certifications required under subsection (b) 
                and (c);
                    (C) the status of the request;
                    (D) the estimated and final cost of the services;
                    (E) the status of reimbursement;
                    (F) a description of the scope of services 
                performed; and
                    (G) copies of all certifications in support of the 
                request.

SEC. 212. HYDROELECTRIC POWER PROJECT FUNDING.

    Section 216 of the Water Resources Development Act of 1996 (33 
U.S.C. 2321a) is amended--
            (1) in subsection (a) by striking ``In carrying out'' and 
        all that follows through ``(1) is'' and inserting the following: 
        ``In carrying out the operation, maintenance, rehabilitation, 
        and modernization of a hydroelectric power generating facility 
        at a water resources project under the jurisdiction of the 
        Department of the Army, the Secretary may, to the extent funds 
        are made available in appropriations Acts or in accordance with 
        subsection (c), take such actions as are necessary to optimize 
        the efficiency of energy production or increase the capacity of 
        the facility, or both, if, after consulting with the heads of 
        other appropriate Federal and State agencies, the Secretary 
        determines that such actions--
            ``(1) are'';
            (2) in the first sentence of subsection (b) by striking 
        ``the proposed uprating'' and inserting ``any proposed 
        uprating'';
            (3) by redesignating subsection (c) as subsection (e); and
            (4) by inserting after subsection (b) the following:

    ``(c) Use of Funds Provided by Preference Customers.--In carrying 
out this section, the Secretary may accept and expend funds provided by 
preference customers under Federal law relating to the marketing of 
power.
    ``(d) Application.--This section does not apply to any facility of 
the Department of the Army that is authorized to be funded under section 
2406 of the Energy Policy Act of 1992 (16 U.S.C. 839d-1).''.

SEC. 213. <<NOTE: 33 USC 2339.>> ASSISTANCE PROGRAMS.

    (a) Conservation and Recreation Management.--To further training and 
educational opportunities at water resources development projects under 
the jurisdiction of the Secretary, the Secretary may enter into 
cooperative agreements with non-Federal public and nonprofit entities 
for services relating to natural resources conservation or recreation 
management.
    (b) Rural Community Assistance.--In carrying out studies and 
projects under the jurisdiction of the Secretary, the Secretary may 
enter into cooperative agreements with multistate regional private 
nonprofit rural community assistance entities for services,

[[Page 114 STAT. 2594]]

including water resource assessment, community participation, planning, 
development, and management activities.
    (c) Cooperative Agreements.--A cooperative agreement entered into 
under this section shall not be considered to be, or treated as being, a 
cooperative agreement to which chapter 63 of title 31, United States 
Code, applies.

SEC. 214. <<NOTE: 33 USC 2201 note.>> FUNDING TO PROCESS PERMITS.

    (a) In General.--In fiscal years 2001 through 2003, the Secretary, 
after public notice, may accept and expend funds contributed by non-
Federal public entities to expedite the evaluation of permits under the 
jurisdiction of the Department of the Army.
    (b) Effect on Permitting.--In carrying out this section, the 
Secretary shall ensure that the use of funds accepted under subsection 
(a) will not impact impartial decisionmaking with respect to permits, 
either substantively or procedurally.

SEC. 215. <<NOTE: 33 USC 2326c.>> DREDGED MATERIAL MARKETING AND 
            RECYCLING.

    (a) Dredged Material Marketing.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary shall 
        establish a program to allow the direct marketing of dredged 
        material to public agencies and private entities.
            (2) Limitations.--The Secretary shall not establish the 
        program under paragraph (1) unless the Secretary determines that 
        the program is in the interest of the United States and is 
        economically justified, equitable, and environmentally 
        acceptable.
            (3) Regional responsibility.--The program described in 
        paragraph (1) may authorize each of the 8 division offices of 
        the Corps of Engineers to market to public agencies and private 
        entities any dredged material from projects under the 
        jurisdiction of the regional office. Any revenues generated from 
        any sale of dredged material to such entities shall be deposited 
        in the United States Treasury.
            (4) Reports.--Not <<NOTE: Deadline.>> later than 180 days 
        after the date of enactment of this Act, and annually thereafter 
        for a period of 4 years, the Secretary shall transmit to 
        Congress a report on the program established under paragraph 
        (1).
            (5) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $2,000,000 for each 
        fiscal year.

    (b) Dredged Material Recycling.--
            (1) Pilot program.--The Secretary shall conduct a pilot 
        program to provide incentives for the removal of dredged 
        material from confined disposal facilities associated with Corps 
        of Engineer navigation projects for the purpose of recycling the 
        dredged material and extending the life of the confined disposal 
        facilities.
            (2) Report.--Not <<NOTE: Deadline.>> later than 90 days 
        after the date of completion of the pilot program, the Secretary 
        shall transmit to Congress a report on the results of the 
        program.
            (3) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $2,000,000, except 
        that not to exceed $1,000,000 may be expended with respect to 
        any project.

[[Page 114 STAT. 2595]]

SEC. 216. <<NOTE: 33 USC 2282 note.>> NATIONAL ACADEMY OF SCIENCES 
            STUDY.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Academy.--The term ``Academy'' means the National 
        Academy of Sciences.
            (2) Method.--The term ``method'' means a method, model, 
        assumption, or other pertinent planning tool used in conducting 
        an economic or environmental analysis of a water resources 
        project, including the formulation of a feasibility report.
            (3) Feasibility report.--The term ``feasibility report'' 
        means each feasibility report, and each associated environmental 
        impact statement and mitigation plan, prepared by the Corps of 
        Engineers for a water resources project.
            (4) Water resources project.--The term ``water resources 
        project'' means a project for navigation, a project for flood 
        control, a project for hurricane and storm damage reduction, a 
        project for emergency streambank and shore protection, a project 
        for ecosystem restoration and protection, and a water resources 
        project of any other type carried out by the Corps of Engineers.

    (b) Independent Peer Review of Projects.--
            (1) In <<NOTE: Deadline. Contracts.>> general.--Not later 
        than 90 days after the date of enactment of this Act, the 
        Secretary shall contract with the Academy to study, and make 
        recommendations relating to, the independent peer review of 
        feasibility reports.
            (2) Study elements.--In carrying out a contract under 
        paragraph (1), the Academy shall study the practicality and 
        efficacy of the independent peer review of the feasibility 
        reports, including--
                    (A) the cost, time requirements, and other 
                considerations relating to the implementation of 
                independent peer review; and
                    (B) objective criteria that may be used to determine 
                the most effective application of independent peer 
                review to feasibility reports for each type of water 
                resources project.
            (3) Academy <<NOTE: Deadline.>> report.--Not later than 1 
        year after the date of a contract under paragraph (1), the 
        Academy shall submit to the Secretary, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Environment and Public 
        Works of the Senate a report that includes--
                    (A) the results of the study conducted under 
                paragraphs (1) and (2); and
                    (B) in light of the results of the study, specific 
                recommendations, if any, on a program for implementing 
                independent peer review of feasibility reports.
            (4) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $1,000,000, to 
        remain available until expended.

    (c) Independent Peer Review of Methods for Project Analysis.--
            (1) In <<NOTE: Deadline. Contracts.>> general.--Not later 
        than 90 days after the date of enactment of this Act, the 
        Secretary shall contract with the Academy to conduct a study 
        that includes--
                    (A) a review of state-of-the-art methods;

[[Page 114 STAT. 2596]]

                    (B) a review of the methods currently used by the 
                Secretary;
                    (C) a review of a sample of instances in which the 
                Secretary has applied the methods identified under 
                subparagraph (B) in the analysis of each type of water 
                resources project; and
                    (D) a comparative evaluation of the basis and 
                validity of state-of-the-art methods identified under 
                subparagraph (A) and the methods identified under 
                subparagraphs (B) and (C).
            (2) Academy <<NOTE: Deadline.>> report.--Not later than 1 
        year after the date of a contract under paragraph (1), the 
        Academy shall transmit to the Secretary, the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives, and the Committee on Environment and Public 
        Works of the Senate a report that includes--
                    (A) the results of the study conducted under 
                paragraph (1); and
                    (B) in light of the results of the study, specific 
                recommendations for modifying any of the methods 
                currently used by the Secretary for conducting economic 
                and environmental analyses of water resources projects.
            (3) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this subsection $2,000,000. Such 
        sums shall remain available until expended.

SEC. 217. REHABILITATION OF FEDERAL FLOOD CONTROL LEVEES.

    Section 110(e) of the Water Resources Development Act of 1990 (104 
Stat. 4622) is amended by striking ``1992,'' and all that follows 
through ``1996'' and inserting ``2001 through 2005''.
SEC. 218. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD CONTROL 
                        PROJECTS.

    Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is 
amended in the first sentence by striking ``$40,000,000'' and inserting 
``$50,000,000''.

SEC. 219. <<NOTE: 33 USC 2282 note.>> ENGINEERING CONSULTING SERVICES.

    In conducting a feasibility study for a water resources project, the 
Secretary, to the maximum extent practicable, should not employ a person 
for engineering and consulting services if the same person is also 
employed by the non-Federal interest for such services unless there is 
only 1 qualified and responsive bidder for such services.

SEC. 220. <<NOTE: 33 USC 426e note.>> BEACH RECREATION.

    Not <<NOTE: Deadline.>> later than 1 year after the date of 
enactment of this Act, the Secretary shall develop and implement 
procedures to ensure that all of the benefits of a beach restoration 
project, including those benefits attributable to recreation, hurricane 
and storm damage reduction, and environmental protection and 
restoration, are displayed in reports for such projects.

SEC. 221. <<NOTE: 33 USC 2314 note.>> DESIGN-BUILD CONTRACTING.

    (a) Pilot Program.--The Secretary may conduct a pilot program 
consisting of not more than 5 authorized projects to test the design-
build method of project delivery on various authorized civil works 
projects of the Corps of Engineers, including levees,

[[Page 114 STAT. 2597]]

pumping plants, revetments, dikes, dredging, weirs, dams, retaining 
walls, generation facilities, mattress laying, recreation facilities, 
and other water resources facilities.
    (b) Design-Build Defined.--In this section, the term ``design-
build'' means an agreement between the Federal Government and a 
contractor that provides for both the design and construction of a 
project by a single contract.
    (c) Report.--Not <<NOTE: Deadline.>> later than 4 years after the 
date of enactment of this Act, the Secretary shall transmit to Congress 
a report on the results of the pilot program.

SEC. 222. ENHANCED PUBLIC PARTICIPATION.

    (a) In General.--Section 905 of the Water Resources Development Act 
of 1986 (33 U.S.C. 2282) is amended by adding at the end the following:
    ``(e) Enhanced Public Participation.--
            ``(1) In <<NOTE: Procedures.>> general.--The Secretary shall 
        establish procedures to enhance public participation in the 
        development of each feasibility study under subsection (a), 
        including, if appropriate, establishment of a stakeholder 
        advisory group to assist the Secretary with the development of 
        the study.
            ``(2) Membership.--If the Secretary provides for the 
        establishment of a stakeholder advisory group under this 
        subsection, the membership of the advisory group shall include 
        balanced representation of social, economic, and environmental 
        interest groups, and such members shall serve on a voluntary, 
        uncompensated basis.
            ``(3) Limitation.--Procedures established under this 
        subsection shall not delay development of any feasibility study 
        under subsection (a).''.

SEC. 223. <<NOTE: 33 USC 2201 note.>> MONITORING.

    (a) In General.--The Secretary shall conduct a monitoring program of 
the economic and environmental results of up to 5 eligible projects 
selected by the Secretary.
    (b) Duration.--The monitoring of a project selected by the Secretary 
under this section shall be for a period of not less than 12 years 
beginning on the date of its selection.
    (c) Reports.--The <<NOTE: Deadline.>> Secretary shall transmit to 
Congress every 3 years a report on the performance of each project 
selected under this section.

    (d) Eligible Project Defined.--In this section, the term ``eligible 
project'' means a water resources project, or separable element 
thereof--
            (1) for which a contract for physical construction has not 
        been awarded before the date of enactment of this Act;
            (2) that has a total cost of more than $25,000,000; and
            (3)(A) that has as a benefit-to-cost ratio of less than 1.5 
        to 1; or
            (B) that has significant environmental benefits or 
        significant environmental mitigation components.

    (e) Costs.--The cost of conducting monitoring under this section 
shall be a Federal expense.

SEC. 224. FISH AND WILDLIFE MITIGATION.

    (a) Design of Mitigation Projects.--Section 906(d) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2283(d)) is amended--

[[Page 114 STAT. 2598]]

            (1) by striking ``(1)'' and inserting ``(A)'';
            (2) by striking ``(2)'' and inserting ``(B)'';
            (3) by striking ``(d) After the date of enactment of this 
        Act,'' and inserting the following:

    ``(d) Mitigation Plans as Part of Project Proposals.--
            ``(1) In general.--After November 17, 1986,'';
            (4) by adding at the end the following:
            ``(2) Design of mitigation projects.--The Secretary shall 
        design mitigation projects to reflect contemporary understanding 
        of the science of mitigating the adverse environmental impacts 
        of water resources projects.''; and
            (5) by aligning the remainder of the text of paragraph (1) 
        (as designated by paragraph (3) of this subsection) with 
        paragraph (2) (as added by paragraph (4) of this subsection).

    (b) Concurrent <<NOTE: 33 USC 2283 note.>> Mitigation.--
            (1) Investigation.--
                    (A) In general.--The Comptroller General shall 
                conduct an investigation of the effectiveness of the 
                concurrent mitigation requirements of section 906 of the 
                Water Resources Development Act of 1986 (33 U.S.C. 
                2283). In carrying out the investigation, the 
                Comptroller General shall determine--
                          (i) whether or not there are instances in 
                      which less than 50 percent of required mitigation 
                      is completed before initiation of project 
                      construction and the number of such instances; and
                          (ii) the extent to which mitigation projects 
                      restore natural hydrologic conditions, restore 
                      native vegetation, and otherwise support native 
                      fish and wildlife species.
                    (B) Special rule.--In carrying out subparagraph 
                (A)(ii), the Comptroller General shall--
                          (i) <<NOTE: Establishment.>> establish a panel 
                      of independent scientists, comprised of 
                      individuals with expertise and experience in 
                      applicable scientific disciplines, to assist the 
                      Comptroller General; and
                          (ii) assess methods used by the Corps of 
                      Engineers to monitor and evaluate mitigation 
                      projects, and compare Corps of Engineers 
                      mitigation project design, construction, 
                      monitoring, and evaluation practices with those 
                      used in other publicly and privately financed 
                      mitigation projects.
            (2) Report.--Not <<NOTE: Deadline.>> later than 1 year after 
        the date of enactment of this Act, the Comptroller General shall 
        transmit to Congress a report on the results of the 
        investigation.
SEC. 225. FEASIBILITY STUDIES AND PLANNING, ENGINEERING, AND 
                        DESIGN.

    Section 105(a)(1)(E) of the Water Resources Development Act of 1986 
(33 U.S.C. 2215(a)(1)(E)) is amended by striking ``Not more than \1/2\ 
of the'' and inserting ``The''.

SEC. 226. <<NOTE: 10 USC 2695 note.>> ADMINISTRATIVE COSTS OF LAND 
            CONVEYANCES.

    Notwithstanding any other provision of law, the administrative costs 
associated with the conveyance of property by the Secretary to a non-
Federal governmental or nonprofit entity shall be limited to the extent 
that the Secretary determines that such limitation

[[Page 114 STAT. 2599]]

is necessary to complete the conveyance based on the entity's ability to 
pay.

SEC. 227. FLOOD MITIGATION AND RIVERINE RESTORATION.

    Section 212(e) of the Water Resources Development Act of 1999 (33 
U.S.C. 2332(e)) is amended--
            (1) by striking ``and'' at the end of paragraph (22);
            (2) by striking the period at the end of paragraph (23) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(24) Perry Creek, Iowa;
            ``(25) Lester, St. Louis, East Savanna, and Floodwood 
        Rivers, Duluth, Minnesota;
            ``(26) Lower Hudson River and tributaries, New York;
            ``(27) Susquehanna River watershed, Bradford County, 
        Pennsylvania; and
            ``(28) Clear Creek, Harris, Galveston, and Brazoria 
        Counties, Texas.''.

                  TITLE III--PROJECT-RELATED PROVISIONS

SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE MITIGATION 
                        PROJECT, ALABAMA AND MISSISSIPPI.

    (a) In General.--The Tennessee-Tombigbee Waterway Wildlife 
Mitigation Project, Alabama and Mississippi, authorized by section 
601(a) of Public Law 99-662 (100 Stat. 4138) is modified to authorize 
the Secretary to--
            (1) remove the wildlife mitigation purpose designation from 
        up to 3,000 acres of land as necessary over the life of the 
        project from lands originally acquired for water resource 
        development projects included in the Mitigation Project in 
        accordance with the Report of the Chief of Engineers dated 
        August 31, 1985;
            (2) sell or exchange such lands in accordance with 
        subsection (c)(1) and under such conditions as the Secretary 
        determines to be necessary to protect the interests of the 
        United States, utilize such lands as the Secretary determines to 
        be appropriate in connection with development, operation, 
        maintenance, or modification of the water resource development 
        projects, or grant such other interests as the Secretary may 
        determine to be reasonable in the public interest; and
            (3) acquire, in accordance with subsections (c) and (d), 
        lands from willing sellers to offset the removal of any lands 
        from the Mitigation Project for the purposes listed in 
        subsection (a)(2) of this section.

    (b) Removal <<NOTE: Effective date.>> Process.--Beginning on the 
date of enactment of this Act, the locations of these lands to be 
removed will be determined at appropriate time intervals at the 
discretion of the Secretary, in consultation with appropriate Federal 
and State fish and wildlife agencies, to facilitate the operation of the 
water resource development projects and to respond to regional needs 
related to the project. Removals under this subsection shall be 
restricted to Project Lands designated for mitigation and shall not 
include lands purchased exclusively for mitigation purposes (known as 
Separable Mitigation Lands). Parcel identification,

[[Page 114 STAT. 2600]]

removal, and sale may occur assuming acreage acquisitions pursuant to 
subsection (d) are at least equal to the total acreage of the lands 
removed.

    (c) Lands To Be Sold.--(1) Lands to be sold or exchanged pursuant to 
subsection (a)(2) shall be made available for related uses consistent 
with other uses of the water resource development project lands 
(including port, industry, transportation, recreation, and other 
regional needs for the project).
    (2) Any valuation of land sold or exchanged pursuant to this section 
shall be at fair market value as determined by the Secretary.
    (3) The Secretary is authorized to accept monetary consideration and 
to use such funds without further appropriation to carry out subsection 
(a)(3). All monetary considerations made available to the Secretary 
under subsection (a)(2) from the sale of lands shall be used for and in 
support of acquisitions pursuant to subsection (d). The Secretary is 
further authorized for purposes of this section to purchase up to 1,000 
acres from funds otherwise available.
    (d) Criteria for Land To Be Acquired.--The Secretary shall consult 
with the appropriate Federal and State fish and wildlife agencies in 
selecting the lands to be acquired pursuant to subsection (a)(3). In 
selecting the lands to be acquired, bottomland hardwood and associated 
habitats will receive primary consideration. The lands shall be adjacent 
to lands already in the Mitigation Project unless otherwise agreed to by 
the Secretary and the fish and wildlife agencies.
    (e) Dredged Material Disposal Sites.--The Secretary shall utilize 
dredged material disposal areas in such a manner as to maximize their 
reuse by disposal and removal of dredged materials, in order to conserve 
undisturbed disposal areas for wildlife habitat to the maximum extent 
practicable. Where the habitat value loss due to reuse of disposal areas 
cannot be offset by the reduced need for other unused disposal sites, 
the Secretary shall determine, in consultation with Federal and State 
fish and wildlife agencies, and ensure full mitigation for any habitat 
value lost as a result of such reuse.
    (f) Other Mitigation Lands.--The Secretary is also authorized to 
transfer by lease, easement, license, or permit lands acquired for the 
Wildlife Mitigation Project pursuant to section 601(a) of Public Law 99-
662, in consultation with Federal and State fish and wildlife agencies, 
when such transfers are necessary to address transportation, utility, 
and related activities. The Secretary shall ensure full mitigation for 
any wildlife habitat value lost as a result of such sale or transfer. 
Habitat value replacement requirements shall be determined by the 
Secretary in consultation with the appropriate fish and wildlife 
agencies.
    (g) Repeal.--Section 102 of the Water Resources Development Act of 
1992 (106 Stat. 4804) is amended by striking subsection (a).

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

    The project for flood control, Nogales Wash and tributaries, 
Nogales, Arizona, authorized by section 101(a)(4) of the Water Resources 
Development Act of 1990 (104 Stat. 4606), and modified by section 303 of 
the Water Resources Development Act of 1996 (110 Stat. 3711), is further 
modified to provide that the Federal share of the costs associated with 
addressing flood control problems

[[Page 114 STAT. 2601]]

in Nogales, Arizona, arising from floodwater flows originating in Mexico 
shall be 100 percent.

SEC. 303. BOYDSVILLE, ARKANSAS.

    The Secretary shall credit toward the non-Federal share of the cost 
of the study to determine the feasibility of the reservoir and 
associated improvements in the vicinity of Boydsville, Arkansas, 
authorized by section 402 of the Water Resources Development Act of 1999 
(113 Stat. 322), not more than $250,000 of the costs of the planning and 
engineering investigations carried out by State and local agencies if 
the Secretary determines that the investigations are integral to the 
study.

SEC. 304. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.

    (a) In General.--Subject to subsection (b), the project for flood 
control, power generation, and other purposes at the White River Basin, 
Arkansas and Missouri, authorized by section 4 of the Rivers and Harbors 
Act of June 28, 1938 (52 Stat. 1218), and modified by House Document 
917, 76th Congress, 3d Session, and House Document 290, 77th Congress, 
1st Session, approved August 18, 1941, and House Document 499, 83d 
Congress, 2d Session, approved September 3, 1954, and by section 304 of 
the Water Resources Development Act of 1996 (110 Stat. 3711), is further 
modified to authorize the Secretary to provide minimum flows necessary 
to sustain tail water trout fisheries by reallocating the following 
recommended amounts of project storage:
            (1) Beaver Lake, 1.5 feet.
            (2) Table Rock, 2 feet.
            (3) Bull Shoals Lake, 5 feet.
            (4) Norfolk Lake, 3.5 feet.
            (5) Greers Ferry Lake, 3 feet.

    (b) Report.--
            (1) In general.--No funds may be obligated to carry out work 
        on the modification under subsection (a) until the Chief of 
        Engineers, through completion of a final report, determines that 
        the work is technically sound, environmentally acceptable, and 
        economically justified.
            (2) Timing.--Not <<NOTE: Deadline.>> later than January 1, 
        2002, the Secretary shall transmit to Congress the final report.
            (3) Contents.--The final report shall include determinations 
        concerning whether--
                    (A) the modification under subsection (a) adversely 
                affects other authorized project purposes; and
                    (B) Federal costs will be incurred in connection 
                with the modification.

SEC. 305. SACRAMENTO DEEP WATER SHIP CHANNEL, CALIFORNIA.

    The project for navigation, Sacramento Deep Water Ship Channel, 
California, authorized by section 202(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4092), is modified to authorize the 
Secretary to credit toward the non-Federal share of the cost of the 
project the value of dredged material from the project that is purchased 
by public agencies or nonprofit entities for environmental restoration 
or other beneficial uses if the Secretary determines that the use of 
such dredged material is technically sound, environmentally acceptable, 
and economically justified.

[[Page 114 STAT. 2602]]

SEC. 306. DELAWARE RIVER MAINSTEM AND CHANNEL DEEPENING, DELAWARE, 
                        NEW JERSEY, AND PENNSYLVANIA.

    The project for navigation, Delaware River Mainstem and Channel 
Deepening, Delaware, New Jersey, and Pennsylvania, authorized by section 
101(6) of the Water Resources Development Act of 1992 (106 Stat. 4802) 
and modified by section 308 of the Water Resources Development Act of 
1999 (113 Stat. 300), is further modified to authorize the Secretary to 
credit toward the non-Federal share of the cost of the project under 
section 101(a)(2) of the Water Resources Development Act of 1986 (33 
U.S.C. 2211(a)(2)) the costs incurred by the non-Federal interests in 
providing additional capacity at dredged material disposal areas, 
providing community access to the project (including such disposal 
areas), and meeting applicable beautification requirements.

SEC. 307. REHOBOTH BEACH AND DEWEY BEACH, DELAWARE.

    The project for storm damage reduction and shoreline protection, 
Rehoboth Beach and Dewey Beach, Delaware, authorized by section 
101(b)(6) of the Water Resources Development Act of 1996 (110 Stat. 
3667), is modified to authorize the project to be carried out at a total 
cost of $13,997,000, with an estimated Federal cost of $9,098,000 and an 
estimated non-Federal cost of $4,899,000, and an estimated average 
annual cost of $1,320,000 for periodic nourishment over the 50-year life 
of the project, with an estimated annual Federal cost of $858,000 and an 
estimated annual non-Federal cost of $462,000.

SEC. 308. FERNANDINA HARBOR, FLORIDA.

    The project for navigation, Fernandina Harbor, Florida, authorized 
by the first section of the Act entitled ``An Act making appropriations 
for the construction, repair, completion, and preservation of certain 
works on rivers and harbors, and for other purposes'', approved June 14, 
1880 (21 Stat. 186), is modified to authorize the Secretary to realign 
the access channel in the vicinity of the Fernandina Beach Municipal 
Marina 100 feet to the west. The cost of the realignment, including 
acquisition of lands, easements, rights-of-way, and dredged material 
disposal areas and relocations, shall be a non-Federal expense.

SEC. 309. GASPARILLA AND ESTERO ISLANDS, FLORIDA.

    The project for shore protection, Gasparilla and Estero Island 
segments, Lee County, Florida, authorized under section 201 of the Flood 
Control Act of 1965 (79 Stat. 1073) by Senate Resolution dated December 
17, 1970, and by House Resolution dated December 15, 1970, is modified 
to authorize the Secretary to enter into an agreement with the non-
Federal interest to carry out the project in accordance with section 206 
of the Water Resources Development Act of 1992 (33 U.S.C. 426i-1) if the 
Secretary determines that the project is technically sound, 
environmentally acceptable, and economically justified.

SEC. 310. EAST SAINT LOUIS AND VICINITY, ILLINOIS.

    The project for flood protection, East Saint Louis and vicinity, 
Illinois (East Side levee and sanitary district), authorized by section 
204 of the Flood Control Act of 1965 (79 Stat. 1082), is modified to 
include ecosystem restoration as a project purpose.

[[Page 114 STAT. 2603]]

SEC. 311. KASKASKIA RIVER, KASKASKIA, ILLINOIS.

    The project for navigation, Kaskaskia River, Kaskaskia, Illinois, 
authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 
1175), is modified to include recreation as a project purpose.

SEC. 312. WAUKEGAN HARBOR, ILLINOIS.

    The project for navigation, Waukegan Harbor, Illinois, authorized by 
the first section of the Act entitled ``An Act making appropriations for 
the construction, repair, completion, and preservation of certain works 
on rivers and harbors, and for other purposes'', approved June 14, 1880 
(21 Stat. 192), is modified to authorize the Secretary to extend the 
upstream limit of the project 275 feet to the north at a width of 375 
feet if the Secretary determines that the extension is feasible.

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

    The Secretary shall credit toward the non-Federal share of the cost 
of the study to determine the feasibility of improvements to the upper 
Des Plaines River and tributaries, phase 2, Illinois and Wisconsin, 
authorized by section 419 of the Water Resources Development Act of 1999 
(113 Stat. 324), the cost of work carried out by the non-Federal 
interests before the date of execution of the study cost-sharing 
agreement if--
            (1) the Secretary and the non-Federal interests enter into a 
        cost-sharing agreement for the study; and
            (2) the Secretary determines that the work is integral to 
        the study.

SEC. 314. CUMBERLAND, KENTUCKY.

    The Secretary shall initiate construction, using continuing 
contracts, of the city of Cumberland, Kentucky, flood control project, 
authorized by section 202(a) of the Energy and Water Development 
Appropriation Act, 1981 (94 Stat. 1339), in accordance with option 4 in 
the detailed project report, dated September 1998, as modified, to 
prevent losses from a flood equal in magnitude to the April 1977 level 
by providing protection from the 100-year frequency event and to share 
all costs in accordance with section 103 of Public Law 99-662, as 
amended.

SEC. 315. ATCHAFALAYA BASIN, LOUISIANA.

    (a) In General.--Notwithstanding the report of the Chief of 
Engineers, dated February 28, 1983, for the project for flood control, 
Atchafalaya Basin Floodway System, Louisiana, authorized by section 
601(a) of the Water Resources Development Act of 1986 (100 Stat. 4142), 
which report refers to recreational development in the Lower Atchafalaya 
Basin Floodway, the Secretary--
            (1) shall initiate, in collaboration with the State of 
        Louisiana, construction of the visitors center, authorized as 
        part of the project, at or near Lake End Park in Morgan City, 
        Louisiana; and
            (2) shall construct other recreational features, authorized 
        as part of the project, within, and in the vicinity of, the 
        Lower Atchafalaya Basin protection levees.

    (b) Authorities.--The Secretary shall carry out subsection (a) in 
accordance with--
            (1) the feasibility study for the Atchafalaya Basin Floodway 
        System, Louisiana, dated January 1982; and

[[Page 114 STAT. 2604]]

            (2) the recreation cost-sharing requirements of section 
        103(c) of the Water Resources Development Act of 1986 (33 U.S.C. 
        2213(c)).

SEC. 316. RED RIVER WATERWAY, LOUISIANA.

    The project for mitigation of fish and wildlife losses, Red River 
Waterway, Louisiana, authorized by section 601(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4142) and modified by section 4(h) of 
the Water Resources Development Act of 1988 (102 Stat. 4016), section 
102(p) of the Water Resources Development Act of 1990 (104 Stat. 4613), 
and section 301(b)(7) of the Water Resources Development Act of 1996 
(110 Stat. 3710), is further modified to authorize the purchase of 
mitigation land from willing sellers in any of the parishes that 
comprise the Red River Waterway District, consisting of Avoyelles, 
Bossier, Caddo, Grant, Natchitoches, Rapides, and Red River Parishes.

SEC. 317. THOMASTON HARBOR, GEORGES RIVER, MAINE.

    The project for navigation, Georges River, Maine (Thomaston Harbor), 
authorized by the first section of the Act entitled ``An Act making 
appropriations for the construction, repair, and preservation of certain 
public works on rivers and harbors, and for other purposes'', approved 
June 3, 1896 (29 Stat. 215), is modified to redesignate the following 
portion of the project as an anchorage area: The portion lying 
northwesterly of a line commencing at point N86,946.770, E321,303.830 
thence running northeasterly about 203.67 feet to a point N86,994.750, 
E321,501.770.

SEC. 318. POPLAR ISLAND, MARYLAND.

    (a) In General.--The project for the beneficial use of dredged 
material at Poplar Island, Maryland, authorized by section 537 of the 
Water Resources Development Act of 1996 (110 Stat. 3776), is modified--
            (1) to provide that the non-Federal share of the cost of the 
        project may be provided in cash or in the form of in-kind 
        services or materials; and
            (2) to direct the Secretary to credit toward the non-Federal 
        share of the cost of a project the cost of design and 
        construction work carried out by the non-Federal interest before 
        the date of execution of a cooperation agreement for the project 
        if the Secretary determines that the work is integral to the 
        project.

    (b) Reduction.--The private sector performance goals for engineering 
work of the Baltimore District of the Corps of Engineers shall be 
reduced by the amount of the credit under subsection (a)(2).

SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.

    (a) In General.--The Secretary may provide design and construction 
assistance for recreational facilities in the State of Maryland at the 
William Jennings Randolph Lake (Bloomington Dam), Maryland and West 
Virginia, project authorized by section 203 of the Flood Control Act of 
1962 (76 Stat. 1182).
    (b) Non-Federal Share.--The Secretary shall require the non-Federal 
interest to provide 50 percent of the costs of designing and 
constructing the recreational facilities under subsection (a).

[[Page 114 STAT. 2605]]

SEC. 320. BRECKENRIDGE, MINNESOTA.

    (a) In General.--The Secretary may complete the project for flood 
damage reduction, Breckenridge, Minnesota, substantially in accordance 
with the detailed project report dated September 2000, at a total cost 
of $21,000,000, with an estimated Federal cost of $13,650,000 and an 
estimated non-Federal cost of $7,350,000.
    (b) In-Kind Services.--The non-Federal interest may provide its 
share of project costs in cash or in the form of in-kind services or 
materials.
    (c) Credit.--The Secretary shall credit toward the non-Federal share 
of the cost of the project the cost of design and construction work 
carried out on the project by the non-Federal interest before the date 
of the cooperation agreement for the modified project or execution of a 
new cooperation agreement for the project if the Secretary determines 
that the work is integral to the project.

SEC. 321. DULUTH HARBOR, MINNESOTA.

    The project for navigation, Duluth Harbor, Minnesota, carried out 
under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 
is modified to include the relocation of Scenic Highway 61, including 
any required bridge construction.

SEC. 322. LITTLE FALLS, MINNESOTA.

    The project for clearing, snagging, and sediment removal, East Bank 
of the Mississippi River, Little Falls, Minnesota, authorized under 
section 3 of the Act entitled ``An Act authorizing the construction, 
repair, and preservation of certain public works on rivers and harbors, 
and for other purposes'', approved March 2, 1945 (33 U.S.C. 603a), is 
modified to direct the Secretary to construct the project substantially 
in accordance with the plans contained in the feasibility report of the 
District Engineer, dated June 2000.

SEC. 323. NEW MADRID COUNTY, MISSOURI.

    (a) In General.--The project for navigation, New Madrid County 
Harbor, New Madrid County, Missouri, carried out under section 107 of 
the River and Harbor Act of 1960 (33 U.S.C. 577), is authorized as 
described in the feasibility report for the project, including both 
phase 1 and phase 2 of the project.
    (b) Credit.--The Secretary shall credit toward the non-Federal share 
of the cost of the project the costs of construction work for phase 1 of 
the project carried out by the non-Federal interest if the Secretary 
determines that the construction work is integral to the project.

SEC. 324. PEMISCOT COUNTY HARBOR, MISSOURI.

    The Secretary shall credit toward the non-Federal share of the cost 
of the project for navigation, Pemiscot County Harbor, Missouri, carried 
out under section 107 of the River and Harbor Act of 1960 (33 U.S.C. 
577), the cost of construction work carried out for the project after 
December 31, 1997, by the non-Federal interest if the Secretary 
determines that the work is integral to the project.

SEC. 325. FORT PECK FISH HATCHERY, MONTANA.

    (a) Findings.--Congress finds that--
            (1) Fort Peck Lake, Montana, is in need of a multispecies 
        fish hatchery;

[[Page 114 STAT. 2606]]

            (2) the burden of carrying out efforts to raise and stock 
        fish species in Fort Peck Lake has been disproportionately borne 
        by the State of Montana despite the existence of a Federal 
        project at Fort Peck Lake;
            (3)(A) as of the date of enactment of this Act, eastern 
        Montana has only 1 warm water fish hatchery, which is inadequate 
        to meet the demands of the region; and
            (B) a disease or infrastructure failure at that hatchery 
        could imperil fish populations throughout the region;
            (4) although the multipurpose project at Fort Peck, Montana, 
        authorized by the first section of the Act of August 30, 1935 
        (49 Stat. 1034, chapter 831), was intended to include irrigation 
        projects and other activities designed to promote economic 
        growth, many of those projects were never completed, to the 
        detriment of the local communities flooded by the Fort Peck Dam;
            (5) the process of developing an environmental impact 
        statement for the update of the Corps of Engineers Master Manual 
        for the operation of the Missouri River recognized the need for 
        greater support of recreation activities and other authorized 
        purposes of the Fort Peck project;
            (6)(A) although fish stocking is included among the 
        authorized purposes of the Fort Peck project, the State of 
        Montana has funded the stocking of Fort Peck Lake since 1947; 
        and
            (B) the obligation to fund the stocking constitutes an undue 
        burden on the State; and
            (7) a viable multispecies fishery would spur economic 
        development in the region.

    (b) Purposes.--The purposes of this section are--
            (1) to authorize and provide funding for the design and 
        construction of a multispecies fish hatchery at Fort Peck Lake, 
        Montana; and
            (2) to ensure stable operation and maintenance of the fish 
        hatchery.

    (c) Definitions.--In this section, the following definitions apply:
            (1) Fort peck lake.--The term ``Fort Peck Lake'' means the 
        reservoir created by the damming of the upper Missouri River in 
        northeastern Montana.
            (2) Hatchery project.--The term ``hatchery project'' means 
        the project authorized by subsection (d).

    (d) Authorization.--The Secretary shall carry out a project at Fort 
Peck Lake, Montana, for the design and construction of a fish hatchery 
and such associated facilities as are necessary to sustain a 
multispecies fishery.
    (e) Cost Sharing.--
            (1) Design and construction.--
                    (A) Federal share.--The Federal share of the costs 
                of design and construction of the hatchery project shall 
                be 75 percent.
                    (B) Form of non-federal share.--The non-Federal 
                share of the costs of the hatchery project may be 
                provided in the form of cash or in the form of land, 
                easements, rights-of-way, services, roads, or any other 
                form of in-kind contribution determined by the Secretary 
                to be appropriate.

[[Page 114 STAT. 2607]]

                    (C) Required crediting.--The Secretary shall credit 
                toward the non-Federal share of the costs of the 
                hatchery project--
                          (i) the costs to the State of Montana of 
                      stocking Fort Peck Lake during the period 
                      beginning January 1, 1947; and
                          (ii) the costs to the State of Montana and the 
                      counties having jurisdiction over land surrounding 
                      Fort Peck Lake of construction of local access 
                      roads to the lake.
            (2) Operation, maintenance, repair, and replacement.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the operation, maintenance, repair, and replacement 
                of the hatchery project shall be a non-Federal 
                responsibility.
                    (B) Costs associated with threatened and endangered 
                species.--The costs of operation and maintenance 
                associated with raising threatened or endangered species 
                shall be a Federal responsibility.

    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated--
                    (A) $20,000,000 to carry out this section (other 
                than subsection (e)(2)(B)); and
                    (B) such sums as are necessary to carry out 
                subsection (e)(2)(B).
            (2) Availability of funds.--Sums made available to carry out 
        this section shall remain available until expended.

SEC. 326. SAGAMORE CREEK, NEW HAMPSHIRE.

    The Secretary shall carry out maintenance dredging of the Sagamore 
Creek Channel, New Hampshire.

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

    (a) In General.--The project for flood control, Passaic River, New 
Jersey and New York, authorized by section 101(a)(18) of the Water 
Resources Development Act of 1990 (104 Stat. 4607), is modified to 
direct the Secretary to give priority to nonstructural approaches for 
flood control as alternatives to the construction of the Passaic River 
tunnel element, while maintaining the integrity of other separable 
mainstream project elements, wetland banks, and other independent 
projects that were authorized to be carried out in the Passaic River 
basin before the date of enactment of this Act.
    (b) Reevaluation of Floodway Study.--The Secretary shall review the 
Passaic River floodway buyout study, dated October 1995, to calculate 
the benefits of a buyout and environmental restoration using the method 
used to calculate the benefits of structural projects under section 
308(b) of the Water Resources Development Act of 1990 (33 U.S.C. 
2318(b)).
    (c) Reevaluation of 10-Year Floodplain Study.--The Secretary shall 
review the Passaic River buyout study of the 10-year floodplain beyond 
the floodway of the central Passaic River basin, dated September 1995, 
to calculate the benefits of a buyout and environmental restoration 
using the method used to calculate the benefits of structural projects 
under section 308(b) of the Water Resources Development Act of 1990 (33 
U.S.C. 2318(b)).
    (d) Preservation of Natural Storage Areas.--

[[Page 114 STAT. 2608]]

            (1) In general.--The Secretary shall reevaluate the 
        acquisition, from willing sellers, for flood protection 
        purposes, of wetlands in the central Passaic River basin to 
        supplement the wetland acquisition authorized by section 
        101(a)(18)(C)(vi) of the Water Resources Development Act of 1990 
        (104 Stat. 4609).
            (2) Purchase.--If the Secretary determines that the 
        acquisition of wetlands evaluated under paragraph (1) is 
        economically justified, the Secretary shall purchase the 
        wetlands, with the goal of purchasing not more than 8,200 acres.

    (e) Streambank Erosion Control Study.--The Secretary shall review 
relevant reports and conduct a study to determine the feasibility of 
carrying out a project for environmental restoration, erosion control, 
and streambank restoration along the Passaic River, from Dundee Dam to 
Kearny Point, New Jersey.
    (f) Passaic River Flood Management Task Force.--
            (1) Establishment.--The Secretary, in cooperation with the 
        non-Federal interest, shall establish a task force, to be known 
        as the ``Passaic River Flood Management Task Force'', to provide 
        advice to the Secretary concerning all aspects of the Passaic 
        River flood management project.
            (2) Membership.--The task force shall be composed of 22 
        members, appointed as follows:
                    (A) Appointment by secretary.--The Secretary shall 
                appoint 1 member to represent the Corps of Engineers and 
                to provide technical advice to the task force.
                    (B) Appointments by governor of new jersey.--The 
                Governor of New Jersey shall appoint 20 members to the 
                task force, as follows:
                          (i) 2 representatives of the New Jersey 
                      legislature who are members of different political 
                      parties.
                          (ii) 3 representatives of the State of New 
                      Jersey.
                          (iii) 1 representative of each of Bergen, 
                      Essex, Morris, and Passaic Counties, New Jersey.
                          (iv) 6 representatives of governments of 
                      municipalities affected by flooding within the 
                      Passaic River basin.
                          (v) 1 representative of the Palisades 
                      Interstate Park Commission.
                          (vi) 1 representative of the North Jersey 
                      District Water Supply Commission.
                          (vii) 1 representative of each of the 
                      Association of New Jersey Environmental 
                      Commissions, the Passaic River Coalition, and the 
                      Sierra Club.
                    (C) Appointment by governor of new york.--The 
                Governor of New York shall appoint 1 representative of 
                the State of New York to the task force.
            (3) Meetings.--
                    (A) Regular meetings.--The task force shall hold 
                regular meetings.
                    (B) Open meetings.--The meetings of the task force 
                shall be open to the public.
            (4) Annual report.--The task force shall transmit annually 
        to the Secretary and to the non-Federal interest a report 
        describing the achievements of the Passaic River flood 
        management project in preventing flooding and any impediments to 
        completion of the project.

[[Page 114 STAT. 2609]]

            (5) Expenditure of funds.--The Secretary may use funds made 
        available to carry out the Passaic River basin flood management 
        project to pay the administrative expenses of the task force.
            (6) Termination.--The task force shall terminate on the date 
        on which the Passaic River flood management project is 
        completed.

    (g) Acquisition of Lands in the Floodway.--Section 1148 of the Water 
Resources Development Act of 1986 (100 Stat. 4254; 110 Stat. 3718) is 
amended by adding at the end the following:
    ``(e) Consistency With New Jersey Blue Acres Program.--The Secretary 
shall carry out this section in a manner that is consistent with the 
Blue Acres Program of the State of New Jersey.''.
    (h) Study of Highlands Land Conservation.--The Secretary, in 
cooperation with the Secretary of Agriculture and the State of New 
Jersey, may study the feasibility of conserving land in the Highlands 
region of New Jersey and New York to provide additional flood protection 
for residents of the Passaic River basin in accordance with section 212 
of the Water Resources Development Act of 1999 (33 U.S.C. 2332).
    (i) Restriction on Use of Funds.--The Secretary shall not obligate 
any funds to carry out design or construction of the tunnel element of 
the Passaic River flood control project, as authorized by section 
101(a)(18)(A) of the Water Resources Development Act of 1990 (104 Stat. 
4607).

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

    The project for improving the quality of the environment, Times 
Beach Nature Preserve, Buffalo, New York, carried out under section 1135 
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a), is 
modified to include recreation as a project purpose.

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

    (a) In General.--The project for shoreline protection, Atlantic 
Coast of New York City from Rockaway Inlet to Norton Point (Coney Island 
Area), New York, authorized by section 501(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4135), is modified to authorize the 
Secretary to construct T-groins to improve sand retention down drift of 
the West 37th Street groin, in the Sea Gate area of Coney Island, New 
York, as identified in the March 1998 report prepared for the Corps of 
Engineers, entitled ``Field Data Gathering Project Performance Analysis 
and Design Alternative Solutions to Improve Sandfill Retention'', at a 
total cost of $9,000,000, with an estimated Federal cost of $5,850,000 
and an estimated non-Federal cost of $3,150,000.
    (b) Cost Sharing.--The non-Federal share of the costs of 
constructing the T-groins under subsection (a) shall be 35 percent.
    (c) Conforming Amendment.--Section 541 of the Water Resources 
Development Act of 1999 (113 Stat. 350) is repealed.

SEC. 330. GARRISON DAM, NORTH DAKOTA.

    The Secretary shall conduct a study of the Garrison Dam, North 
Dakota, feature of the project for flood control, Missouri River Basin, 
authorized by section 9(a) of the Flood Control Act of December 22, 1944 
(58 Stat. 891), to determine if the damage to the water transmission 
line for Williston, North Dakota, is the result of a design deficiency 
and, if the Secretary determines that

[[Page 114 STAT. 2610]]

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

SEC. 331. DUCK CREEK, OHIO.

    (a) In General.--The project for flood control, Duck Creek, Ohio, 
authorized by section 101(a)(24) of the Water Resources Development Act 
of 1996 (110 Stat. 3665), is modified to authorize the Secretary to 
carry out the project at a total cost of $36,323,000.
    (b) Non-Federal Share.--Notwithstanding section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213), the non-Federal 
share of the cost of the project shall not exceed $4,200,000.

SEC. 332. JOHN DAY POOL, OREGON AND WASHINGTON.

    (a) Extinguishment of Reversionary Interests and Use Restrictions.--
With respect to the land described in each deed specified in subsection 
(b)--
            (1) the reversionary interests and the use restrictions 
        relating to port or industrial purposes are extinguished;
            (2) the human habitation or other building structure use 
        restriction is extinguished in each area where the elevation is 
        above the standard project flood elevation; and
            (3) the use of fill material to raise low areas above the 
        standard project flood elevation is authorized, except in any 
        low area constituting wetland for which a permit under section 
        404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) 
        would be required.

    (b) Affected Deeds.--Subsection (a) applies to deeds with the 
following county auditors' numbers:
            (1) Auditor's Microfilm Numbers 229 and 16226 of Morrow 
        County, Oregon, executed by the United States.
            (2) The portion of the land conveyed in a deed executed by 
        the United States and bearing Benton County, Washington, 
        Auditor's File Number 601766, described as a tract of land lying 
        in sec. 7, T. 5 N., R. 28 E., Willamette meridian, Benton 
        County, Washington, being more particularly described by the 
        following boundaries:
                    (A) Commencing at the point of intersection of the 
                centerlines of Plymouth Street and Third Avenue in the 
                First Addition to the Town of Plymouth (according to the 
                duly recorded plat thereof).
                    (B) Thence west along the centerline of Third 
                Avenue, a distance of 565 feet.
                    (C) Thence south 54/ 10' west, to a point on the 
                west line of Tract 18 of that Addition and the true 
                point of beginning.
                    (D) Thence north, parallel with the west line of 
                that sec. 7, to a point on the north line of that sec. 
                7.
                    (E) Thence west along the north line thereof to the 
                northwest corner of that sec. 7.
                    (F) Thence south along the west line of that sec. 7 
                to a point on the ordinary high water line of the 
                Columbia River.
                    (G) Thence northeast along that high water line to a 
                point on the north and south coordinate line of the 
                Oregon Coordinate System, North Zone, that coordinate 
                line being east 2,291,000 feet.

[[Page 114 STAT. 2611]]

                    (H) Thence north along that line to a point on the 
                south line of First Avenue of that Addition.
                    (I) Thence west along First Avenue to a point on the 
                southerly extension of the west line of T. 18.
                    (J) Thence north along that west line of T. 18 to 
                the point of beginning.
SEC. 333. FOX POINT HURRICANE BARRIER, PROVIDENCE, RHODE ISLAND.

    Section 352 of the Water Resources Development Act of 1999 (113 
Stat. 310) is amended--
            (1) by inserting ``(a) In General.--'' before ``The''; and
            (2) by adding at the end the following:

    ``(b) Credit Toward Non-Federal Share.--The Secretary shall credit 
toward the non-Federal share of the cost of the project, or reimburse 
the non-Federal interest, for the Federal share of the costs of repairs 
authorized under subsection (a) that are incurred by the non-Federal 
interest before the date of execution of the project cooperation 
agreement.''.

SEC. 334. NONCONNAH CREEK, TENNESSEE AND MISSISSIPPI.

    The project for flood control, Nonconnah Creek, Tennessee and 
Mississippi, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4124), is modified to authorize the 
Secretary--
            (1) to extend the area protected by the flood control 
        element of the project upstream approximately 5 miles to 
        Reynolds Road; and
            (2) to extend the hiking and biking trails of the 
        recreational element of the project from 8.8 to 27 miles;

if the Secretary determines that it is technically sound, 
environmentally acceptable, and economically justified.

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

    The project for flood control, San Antonio channel, Texas, 
authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 
1259) as part of the comprehensive plan for flood protection on the 
Guadalupe and San Antonio Rivers in Texas, and modified by section 103 
of the Water Resources Development Act of 1976 (90 Stat. 2921), is 
further modified to include environmental restoration and recreation as 
project purposes.

SEC. 336. BUCHANAN AND DICKENSON COUNTIES, VIRGINIA.

    The project for flood control, Levisa and Tug Forks of the Big Sandy 
River and Upper Cumberland River, authorized by section 202 of the 
Energy and Water Development Appropriation Act, 1981 (94 Stat. 1339), 
and modified by section 352 of the Water Resources Development Act of 
1996 (110 Stat. 3724-3725), is further modified to direct the Secretary 
to determine the ability of Buchanan and Dickenson Counties, Virginia, 
to pay the non-Federal share of the cost of the project based solely on 
the criterion specified in section 103(m)(3)(A)(i) of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)).

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

    (a) In General.--Subject to subsection (b), at the request of the 
John Flannagan Water Authority, Dickenson County, Virginia, the 
Secretary may reallocate, under section 322 of the Water

[[Page 114 STAT. 2612]]

Resources Development Act of 1990 (33 U.S.C. 2324), water supply storage 
space in the John Flannagan Reservoir, Dickenson County, Virginia, 
sufficient to yield water withdrawals in amounts not to exceed 3,000,000 
gallons per day in order to provide water for the communities in 
Buchanan, Dickenson, and Russell Counties, Virginia, notwithstanding the 
limitation in section 322(b) of such Act.
    (b) Limitation.--The Secretary may only make the reallocation under 
subsection (a) to the extent the Secretary determines that such 
reallocation will not have an adverse impact on other project purposes 
of the John Flannagan Reservoir.

SEC. 338. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.

    The project for beach erosion control and hurricane protection, 
Sandbridge Beach, Virginia Beach, Virginia, authorized by section 
101(22) of the Water Resources Development Act of 1992 (106 Stat. 4804), 
is modified to direct the Secretary to provide 50 years of periodic 
beach nourishment beginning on the date on which construction of the 
project was initiated in 1998.

SEC. 339. MOUNT ST. HELENS, WASHINGTON.

    The project for sediment control, Mount St. Helens, Washington, 
authorized by chapter IV of title I of the Supplemental Appropriations 
Act, 1985 (99 Stat. 318), is modified to authorize the Secretary to 
maintain, for Longview, Kelso, Lexington, and Castle Rock on the Cowlitz 
River, Washington, the flood protection levels specified in the October 
1985 report of the Chief of Engineers entitled ``Mount St. Helens, 
Washington, Decision Document (Toutle, Cowlitz, and Columbia Rivers)'', 
published as House Document No. 135, 99th Congress.

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

    The project for flood damage reduction, Lower Mud River, Milton, 
West Virginia, authorized by section 580 of the Water Resources 
Development Act of 1996 (110 Stat. 3790), is modified to direct the 
Secretary to carry out the project.

SEC. 341. FOX RIVER SYSTEM, WISCONSIN.

    Section 332(a) of the Water Resources Development Act of 1992 (106 
Stat. 4852) is amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:
            ``(1) In general.--The Secretary''; and
            (2) by adding at the end the following:
            ``(2) Payments to state.--The terms and conditions of the 
        transfer may include 1 or more payments to the State of 
        Wisconsin to assist the State in paying the costs of repair and 
        rehabilitation of the transferred locks and appurtenant 
        features.''.

SEC. 342. CHESAPEAKE BAY OYSTER RESTORATION.

    Section 704(b) of the Water Resources Development Act of 1986 (33 
U.S.C. 2263(b)) is amended--
            (1) in the second sentence by striking ``$7,000,000'' and 
        inserting ``$20,000,000'';
            (2) by striking paragraph (4) and inserting the following:
            ``(4) the construction of reefs and related clean shell 
        substrate for fish habitat, including manmade 3-dimensional 
        oyster reefs, in the Chesapeake Bay and its tributaries in 
        Maryland

[[Page 114 STAT. 2613]]

        and Virginia if the reefs are preserved as permanent sanctuaries 
        by the non-Federal interests, consistent with the 
        recommendations of the scientific consensus document on 
        Chesapeake Bay oyster restoration dated June 1999.''; and
            (3) by inserting after ``25 percent.'' the following: ``In 
        carrying out paragraph (4), the Chief of Engineers may solicit 
        participation by and the services of commercial watermen in the 
        construction of the reefs.''.

SEC. 343. <<NOTE: 33 USC 426o-1.>> GREAT LAKES DREDGING LEVELS 
            ADJUSTMENT.

    (a) Definition of Great Lake.--In this section, the term ``Great 
Lake'' means Lake Superior, Lake Michigan, Lake Huron (including Lake 
St. Clair), Lake Erie, and Lake Ontario (including the St. Lawrence 
River to the 45th parallel of latitude).
    (b) Dredging Levels.--In operating and maintaining Federal channels 
and harbors of, and the connecting channels between, the Great Lakes, 
the Secretary shall conduct such dredging as is necessary to ensure 
minimal operation depths consistent with the original authorized depths 
of the channels and harbors when water levels in the Great Lakes are, or 
are forecast to be, below the International Great Lakes Datum of 1985.
SEC. 344. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT 
                        REMEDIATION.

    Section 401 of the Water Resources Development Act of 1990 (33 
U.S.C. 1268 note; 104 Stat. 4644; 110 Stat. 3763; 113 Stat. 338) is 
amended--
            (1) in subsection (a)(2)(A) by striking ``50 percent'' and 
        inserting ``35 percent'';
            (2) in subsection (b)--
                    (A) by striking paragraph (3);
                    (B) in the first sentence of paragraph (4) by 
                striking ``50 percent'' and inserting ``35 percent''; 
                and
                    (C) by redesignating paragraph (4) as paragraph (3); 
                and
            (3) in subsection (c) by striking ``$5,000,000 for each of 
        fiscal years 1998 through 2000.'' and inserting ``$10,000,000 
        for each of fiscal years 2001 through 2006.''.
SEC. 345. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND SOUND.

    (a) In <<NOTE: Deadline.>> General.--Not later than December 31, 
2002, the Secretary shall carry out a demonstration program for the use 
of innovative sediment treatment technologies for the treatment of 
dredged material from Long Island Sound.

    (b) Project Considerations.--In carrying out subsection (a), the 
Secretary shall, to the maximum extent practicable--
            (1) encourage partnerships between the public and private 
        sectors;
            (2) build on treatment technologies that have been used 
        successfully in demonstration or full-scale projects (including 
        projects carried out in the States of New York, New Jersey, and 
        Illinois), such as technologies described in--
                    (A) section 405 of the Water Resources Development 
                Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863); and
                    (B) section 503 of the Water Resources Development 
                Act of 1999 (33 U.S.C. 2314 note; 113 Stat. 337);

[[Page 114 STAT. 2614]]

            (3) ensure that dredged material from Long Island Sound that 
        is treated under the demonstration project is disposed of by 
        beneficial reuse, by open water disposal, or at a licensed waste 
        facility, as appropriate; and
            (4) ensure that the demonstration project is consistent with 
        the findings and requirements of any draft environmental impact 
        statement on the designation of 1 or more dredged material 
        disposal sites in Long Island Sound that is scheduled for 
        completion in 2001.

    (c) Non-Federal Share.--The non-Federal share of the cost of each 
project carried out under the demonstration program authorized by this 
section shall be 35 percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000.
SEC. 346. <<NOTE: 33 USC 59bb-1.>> DECLARATION OF NONNAVIGABILITY 
                        FOR LAKE ERIE, NEW YORK.

    (a) Area To Be Declared Nonnavigable; Public Interest.--Unless the 
Secretary finds, after consultation with local and regional public 
officials (including local and regional public planning organizations), 
that the proposed projects to be undertaken within the boundaries in the 
portion of Erie County, New York, described in subsection (b), are not 
in the public interest then, subject to subsection (c), those portions 
of such county that were once part of Lake Erie and are now filled are 
declared to be nonnavigable waters of the United States.
    (b) Boundaries.--The portion of Erie County, New York, referred to 
in subsection (a) is all that tract or parcel of land, situated in the 
town of Hamburg and the city of Lackawanna, Erie County, New York, being 
part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 
of the Ogden Gore Tract and part of Lots 23, 24, and 36 of the Buffalo 
Creek Reservation, Township 10, Range 8 of the Holland Land Company's 
Survey and more particularly bounded and described as follows:
            Beginning at a point on the westerly highway boundary of 
        Hamburg Turnpike (66.0 feet wide), said point being 547.89 feet 
        South 19/36'46'' East from the intersection of the westerly 
        highway boundary of Hamburg Turnpike (66.0 feet wide) and the 
        northerly line of the City of Lackawanna (also being the 
        southerly line of the City of Buffalo); thence South 19/36'46'' 
        East along the westerly highway boundary of Hamburg Turnpike 
        (66.0 feet wide) a distance of 628.41 feet; thence along the 
        westerly highway boundary of Hamburg Turnpike as appropriated by 
        the New York State Department of Public Works as shown on Map 
        No. 40-R2, Parcel No. 44 the following 20 courses and distances:
                    (1) South 10/00'07'' East a distance of 164.30 feet;
                    (2) South 18/40'45'' East a distance of 355.00 feet;
                    (3) South 71/23'35'' West a distance of 2.00 feet;
                    (4) South 18/40'45'' East a distance of 223.00 feet;
                    (5) South 22/29'36'' East a distance of 150.35 feet;
                    (6) South 18/40'45'' East a distance of 512.00 feet;
                    (7) South 16/49'53'' East a distance of 260.12 feet;
                    (8) South 18/34'20'' East a distance of 793.00 feet;
                    (9) South 71/23'35'' West a distance of 4.00 feet;
                    (10) South 18/13'24'' East a distance of 132.00 
                feet;
                    (11) North 71/23'35'' East a distance of 4.67 feet;

[[Page 114 STAT. 2615]]

                    (12) South 18/30'00'' East a distance of 38.00 feet;
                    (13) South 71/23'35'' West a distance of 4.86 feet;
                    (14) South 18/13'24'' East a distance of 160.00 
                feet;
                    (15) South 71/23'35'' East a distance of 9.80 feet;
                    (16) South 18/36'25'' East a distance of 159.00 
                feet;
                    (17) South 71/23'35'' West a distance of 3.89 feet;
                    (18) South 18/34'20'' East a distance of 180.00 
                feet;
                    (19) South 20/56'05'' East a distance of 138.11 
                feet;
                    (20) South 22/53'55'' East a distance of 272.45 feet 
                to a point on the westerly highway boundary of Hamburg 
                Turnpike.
        Thence southerly along the westerly highway boundary of Hamburg 
        Turnpike, South 18/36'25'' East, a distance of 2228.31 feet; 
        thence along the westerly highway boundary of Hamburg Turnpike 
        as appropriated by the New York State Department of Public Works 
        as shown on Map No. 27 Parcel No. 31 the following 2 courses and 
        distances:
                    (1) South 16/17'25'' East a distance of 74.93 feet;
                    (2) along a curve to the right having a radius of 
                1004.74 feet; a chord distance of 228.48 feet along a 
                chord bearing of South 08/12'16'' East, a distance of 
                228.97 feet to a point on the westerly highway boundary 
                of Hamburg Turnpike.
        Thence southerly along the westerly highway boundary of Hamburg 
        Turnpike, South 4/35'35'' West a distance of 940.87 feet; thence 
        along the westerly highway boundary of Hamburg Turnpike as 
        appropriated by the New York State Department of Public Works as 
        shown on Map No. 1 Parcel No. 1 and Map No. 5 Parcel No. 7 the 
        following 18 courses and distances:
                    (1) North 85/24'25'' West a distance of 1.00 feet;
                    (2) South 7/01'17'' West a distance of 170.15 feet;
                    (3) South 5/02'54'' West a distance of 180.00 feet;
                    (4) North 85/24'25'' West a distance of 3.00 feet;
                    (5) South 5/02'54'' West a distance of 260.00 feet;
                    (6) South 5/09'11'' West a distance of 110.00 feet;
                    (7) South 0/34'35'' West a distance of 110.27 feet;
                    (8) South 4/50'37'' West a distance of 220.00 feet;
                    (9) South 4/50'37'' West a distance of 365.00 feet;
                    (10) South 85/24'25'' East a distance of 5.00 feet;
                    (11) South 4/06'20'' West a distance of 67.00 feet;
                    (12) South 6/04'35'' West a distance of 248.08 feet;
                    (13) South 3/18'27'' West a distance of 52.01 feet;
                    (14) South 4/55'58'' West a distance of 133.00 feet;
                    (15) North 85/24'25'' West a distance of 1.00 feet;
                    (16) South 4/55'58'' West a distance of 45.00 feet;
                    (17) North 85/24'25'' West a distance of 7.00 feet;
                    (18) South 4/56'12'' West a distance of 90.00 feet.
        Thence continuing along the westerly highway boundary of Lake 
        Shore Road as appropriated by the New York State Department of 
        Public Works as shown on Map No. 7, Parcel No. 7 the following 2 
        courses and distances:
                    (1) South 4/55'58'' West a distance of 127.00 feet;
                    (2) South 2/29'25'' East a distance of 151.15 feet 
                to a point on the westerly former highway boundary of 
                Lake Shore Road.
        Thence southerly along the westerly formerly highway boundary of 
        Lake Shore Road, South 4/35'35'' West a distance

[[Page 114 STAT. 2616]]

        of 148.90 feet; thence along the westerly highway boundary of 
        Lake Shore Road as appropriated by the New York State Department 
        of Public Works as shown on Map No. 7, Parcel No. 8 the 
        following 3 courses and distances:
                    (1) South 55/34'35'' West a distance of 12.55 feet;
                    (2) South 4/35'35'' West a distance of 118.50 feet;
                    (3) South 3/04'00'' West a distance of 62.95 feet to 
                a point on the south line of the lands of South Buffalo 
                Railway Company.
        Thence southerly and easterly along the lands of South Buffalo 
        Railway Company the following 5 courses and distances:
                    (1) North 89/25'14'' West a distance of 697.64 feet;
                    (2) along a curve to the left having a radius of 
                645.0 feet; a chord distance of 214.38 feet along a 
                chord bearing of South 40/16'48'' West, a distance of 
                215.38 feet;
                    (3) South 30/42'49'' West a distance of 76.96 feet;
                    (4) South 22/06'03'' West a distance of 689.43 feet;
                    (5) South 36/09'23'' West a distance of 30.93 feet 
                to the northerly line of the lands of Buffalo Crushed 
                Stone, Inc.
        Thence North 87/13'38'' West a distance of 2452.08 feet to the 
        shore line of Lake Erie; thence northerly along the shore of 
        Lake Erie the following 43 courses and distances:
                    (1) North 16/29'53'' West a distance of 267.84 feet;
                    (2) North 24/25'00'' West a distance of 195.01 feet;
                    (3) North 26/45'00'' West a distance of 250.00 feet;
                    (4) North 31/15'00'' West a distance of 205.00 feet;
                    (5) North 21/35'00'' West a distance of 110.00 feet;
                    (6) North 44/00'53'' West a distance of 26.38 feet;
                    (7) North 33/49'18'' West a distance of 74.86 feet;
                    (8) North 34/26'26'' West a distance of 12.00 feet;
                    (9) North 31/06'16'' West a distance of 72.06 feet;
                    (10) North 22/35'00'' West a distance of 150.00 
                feet;
                    (11) North 16/35'00'' West a distance of 420.00 
                feet;
                    (12) North 21/10'00'' West a distance of 440.00 
                feet;
                    (13) North 17/55'00'' West a distance of 340.00 
                feet;
                    (14) North 28/05'00'' West a distance of 375.00 
                feet;
                    (15) North 16/25'00'' West a distance of 585.00 
                feet;
                    (16) North 22/10'00'' West a distance of 160.00 
                feet;
                    (17) North 2/46'36'' West a distance of 65.54 feet;
                    (18) North 16/01'08'' West a distance of 70.04 feet;
                    (19) North 49/07'00'' West a distance of 79.00 feet;
                    (20) North 19/16'00'' West a distance of 425.00 
                feet;
                    (21) North 16/37'00'' West a distance of 285.00 
                feet;
                    (22) North 25/20'00'' West a distance of 360.00 
                feet;
                    (23) North 33/00'00'' West a distance of 230.00 
                feet;
                    (24) North 32/40'00'' West a distance of 310.00 
                feet;
                    (25) North 27/10'00'' West a distance of 130.00 
                feet;
                    (26) North 23/20'00'' West a distance of 315.00 
                feet;
                    (27) North 18/20'04'' West a distance of 302.92 
                feet;
                    (28) North 20/15'48'' West a distance of 387.18 
                feet;
                    (29) North 14/20'00'' West a distance of 530.00 
                feet;
                    (30) North 16/40'00'' West a distance of 260.00 
                feet;
                    (31) North 28/35'00'' West a distance of 195.00 
                feet;
                    (32) North 18/30'00'' West a distance of 170.00 
                feet;
                    (33) North 26/30'00'' West a distance of 340.00 
                feet;
                    (34) North 32/07'52'' West a distance of 232.38 
                feet;

[[Page 114 STAT. 2617]]

                    (35) North 30/04'26'' West a distance of 17.96 feet;
                    (36) North 23/19'13'' West a distance of 111.23 
                feet;
                    (37) North 7/07'58'' West a distance of 63.90 feet;
                    (38) North 8/11'02'' West a distance of 378.90 feet;
                    (39) North 15/01'02'' West a distance of 190.64 
                feet;
                    (40) North 2/55'00'' West a distance of 170.00 feet;
                    (41) North 6/45'00'' West a distance of 240.00 feet;
                    (42) North 0/10'00'' East a distance of 465.00 feet;
                    (43) North 2/00'38'' West a distance of 378.58 feet 
                to the northerly line of Letters Patent dated February 
                21, 1968 and recorded in the Erie County Clerk's Office 
                under Liber 7453 of Deeds at Page 45.
        Thence North 71/23'35'' East along the north line of the 
        aforementioned Letters Patent a distance of 154.95 feet to the 
        shore line; thence along the shore line the following 6 courses 
        and distances:
                    (1) South 80/14'01'' East a distance of 119.30 feet;
                    (2) North 46/15'13'' East a distance of 47.83 feet;
                    (3) North 59/53'02'' East a distance of 53.32 feet;
                    (4) North 38/20'43'' East a distance of 27.31 feet;
                    (5) North 68/12'46'' East a distance of 48.67 feet;
                    (6) North 26/11'47'' East a distance of 11.48 feet 
                to the northerly line of the aforementioned Letters 
                Patent.
        Thence along the northerly line of said Letters Patent, North 
        71/23'35'' East a distance of 1755.19 feet; thence South 
        35/27'25'' East a distance of 35.83 feet to a point on the U.S. 
        Harbor Line; thence, North 54/02'35'' East along the U.S. Harbor 
        Line a distance of 200.00 feet; thence continuing along the U.S. 
        Harbor Line, North 50/01'45'' East a distance of 379.54 feet to 
        the westerly line of the lands of Gateway Trade Center, Inc.; 
        thence along the lands of Gateway Trade Center, Inc. the 
        following 27 courses and distances:
                    (1) South 18/44'53'' East a distance of 623.56 feet;
                    (2) South 34/33'00'' East a distance of 200.00 feet;
                    (3) South 26/18'55'' East a distance of 500.00 feet;
                    (4) South 19/06'40'' East a distance of 1074.29 
                feet;
                    (5) South 28/03'18'' East a distance of 242.44 feet;
                    (6) South 18/38'50'' East a distance of 1010.95 
                feet;
                    (7) North 71/20'51'' East a distance of 90.42 feet;
                    (8) South 18/49'20'' East a distance of 158.61 feet;
                    (9) South 80/55'10'' East a distance of 45.14 feet;
                    (10) South 18/04'45'' East a distance of 52.13 feet;
                    (11) North 71/07'23'' East a distance of 102.59 
                feet;
                    (12) South 18/41'40'' East a distance of 63.00 feet;
                    (13) South 71/07'23'' West a distance of 240.62 
                feet;
                    (14) South 18/38'50'' East a distance of 668.13 
                feet;
                    (15) North 71/28'46'' East a distance of 958.68 
                feet;
                    (16) North 18/42'31'' West a distance of 1001.28 
                feet;
                    (17) South 71/17'29'' West a distance of 168.48 
                feet;
                    (18) North 18/42'31'' West a distance of 642.00 
                feet;
                    (19) North 71/17'37'' East a distance of 17.30 feet;
                    (20) North 18/42'31'' West a distance of 574.67 
                feet;
                    (21) North 71/17'29'' East a distance of 151.18 
                feet;
                    (22) North 18/42'31'' West a distance of 1156.43 
                feet;
                    (23) North 71/29'21'' East a distance of 569.24 
                feet;
                    (24) North 18/30'39'' West a distance of 314.71 
                feet;
                    (25) North 70/59'36'' East a distance of 386.47 
                feet;

[[Page 114 STAT. 2618]]

                    (26) North 18/30'39'' West a distance of 70.00 feet;
                    (27) North 70/59'36'' East a distance of 400.00 feet 
                to the place or point of beginning.
        Containing 1,142.958 acres.

    (c) Limits on Applicability; Regulatory Requirements.--The 
declaration under subsection (a) shall apply to those parts of the areas 
described in subsection (b) that are filled portions of Lake Erie. Any 
work on these filled portions shall be subject to all applicable Federal 
statutes and regulations, including sections 9 and 10 of the Act of 
March 3, 1899 (33 U.S.C. 401 and 403), section 404 of the Federal Water 
Pollution Control Act (33 U.S.C. 1344), and the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Expiration Date.--If, 20 years from the date of enactment of 
this Act, any area or part thereof described in subsection (a) is not 
occupied by permanent structures in accordance with the requirements set 
out in subsection (c), or if work in connection with any activity 
permitted in subsection (c) is not commenced within 5 years after 
issuance of such permits, then the declaration of nonnavigability for 
such area or part thereof shall expire.

SEC. 347. <<NOTE: 33 USC 59ee-1.>> PROJECT DEAUTHORIZATIONS.

    (a) In General.--The following projects or portions of projects are 
not authorized after the date of enactment of this Act:
            (1) Black warrior and tombigbee rivers, jackson, alabama.--
        The project for navigation, Black Warrior and Tombigbee Rivers, 
        vicinity of Jackson, Alabama, authorized by section 106 of the 
        Energy and Water Development Appropriations Act, 1987 (100 Stat. 
        3341-199).
            (2) Sacramento deep water ship channel, california.--The 
        portion of the project for navigation, Sacramento Deep Water 
        Ship Channel, California, authorized by section 202(a) of the 
        Water Resources Development Act of 1986 (100 Stat. 4092), 
        beginning from the confluence of the Sacramento River and the 
        Barge Canal to a point 3,300 feet west of the William G. Stone 
        Lock western gate (including the William G. Stone Lock and the 
        Bascule Bridge and Barge Canal). All waters within such portion 
        of the project are declared to be nonnavigable waters of the 
        United States solely for the purposes of the General Bridge Act 
        of 1946 (33 U.S.C. 525 et seq.) and section 9 of the Act of 
        March 3, 1899 (33 U.S.C. 401).
            (3) Bay island channel, quincy, illinois.--The access 
        channel across Bay Island into Quincy Bay at Quincy, Illinois, 
        constructed under section 107 of the River and Harbor Act of 
        1960 (33 U.S.C. 577).
            (4) Warsaw boat harbor, illinois.--The portion of the 
        project for navigation, Illinois Waterway, Illinois and Indiana, 
        authorized by section 101 of the River and Harbor Act of 1962 
        (76 Stat. 1175), known as the ``Warsaw Boat Harbor, Illinois''.
            (5) Kennebunk river, kennebunk and kennebunkport, maine.--
        The following portion of the project for navigation, Kennebunk 
        River, Maine, authorized by section 101 of the River and Harbor 
        Act of 1962 (76 Stat. 1173): The portion of the northernmost 6-
        foot deep anchorage the boundaries of which begin at a point 
        with coordinates N1904693.6500, E418084.2700, thence running 
        south 01 degree 04 minutes

[[Page 114 STAT. 2619]]

        50.3 seconds 35 feet to a point with coordinates N190434.6562, 
        E418084.9301, thence running south 15 degrees 53 minutes 45.5 
        seconds 416.962 feet to a point with coordinates N190033.6386, 
        E418199.1325, thence running north 03 degrees 11 minutes 30.4 
        seconds 70 feet to a point with coordinates N190103.5300, 
        E418203.0300, thence running north 17 degrees 58 minutes 18.3 
        seconds west 384.900 feet to the point of origin.
            (6) Rockport harbor, massachusetts.--The following portions 
        of the project for navigation, Rockport Harbor, Massachusetts, 
        carried out under section 107 of the River and Harbor Act of 
        1960 (33 U.S.C. 577):
                    (A) The portion of the 10-foot harbor channel the 
                boundaries of which begin at a point with coordinates 
                N605,741.948, E838,031.378, thence running north 36 
                degrees 04 minutes 40.9 seconds east 123.386 feet to a 
                point N605,642.226, E838,104.039, thence running south 
                05 degrees 08 minutes 35.1 seconds east 24.223 feet to a 
                point N605,618.100, E838,106.210, thence running north 
                41 degrees 05 minutes 10.9 seconds west 141.830 feet to 
                a point N605,725.000, E838,013.000, thence running north 
                47 degrees 19 minutes 04.1 seconds east 25.000 feet to 
                the point of origin.
                    (B) The portion of the 8-foot north basin entrance 
                channel the boundaries of which begin at a point with 
                coordinates N605,742.699, E837,977.129, thence running 
                south 89 degrees 12 minutes 27.1 seconds east 54.255 
                feet to a point N605,741.948, E838,031.378, thence 
                running south 47 degrees 19 minutes 04.1 seconds west 
                25.000 feet to a point N605,725.000, E838,013.000, 
                thence running north 63 degrees 44 minutes 19.0 seconds 
                west 40.000 feet to the point of origin.
                    (C) The portion of the 8-foot south basin anchorage 
                the boundaries of which begin at a point with 
                coordinates N605,563.770, E838,111.100, thence running 
                south 05 degrees 08 minutes 35.1 seconds east 53.460 
                feet to a point N605,510.525, E838,115.892, thence 
                running south 52 degrees 10 minutes 55.5 seconds west 
                145.000 feet to a point N605,421.618, E838,001.348, 
                thence running north 37 degrees 49 minutes 04.5 seconds 
                west 75.121 feet to a point N605,480.960, E837,955.287, 
                thence running south 64 degrees 52 minutes 33.9 seconds 
                east 33.823 feet to a point N605,466.600, E837,985.910, 
                thence running north 52 degrees 10 minutes 55.5 seconds 
                east 158.476 feet to the point of origin.
            (7) Scituate harbor, massachusetts.--The portion of the 
        project for navigation, Scituate Harbor, Massachusetts, 
        authorized by section 101 of the River and Harbor Act of 1954 
        (68 Stat. 1249), consisting of an 8-foot anchorage basin and 
        described as follows: Beginning at a point with coordinates 
        N438,739.53, E810,354.75, thence running northwesterly about 
        200.00 feet to coordinates N438,874.02, E810,206.72, thence 
        running northeasterly about 400.00 feet to coordinates 
        N439,170.07, E810,475.70, thence running southwesterly about 
        447.21 feet to the point of origin.
            (8) Duluth-superior harbor, minnesota and wisconsin.--The 
        portion of the project for navigation, Duluth-

[[Page 114 STAT. 2620]]

        Superior Harbor, Minnesota and Wisconsin, authorized by the 
        first section of the Act entitled ``An Act making appropriations 
        for the construction, repair, and preservation of certain public 
        works on rivers and harbors, and for other purposes'', approved 
        June 3, 1896 (29 Stat. 212), known as the 21st Avenue West 
        Channel, beginning at the most southeasterly point of the 
        channel N423074.09, E2871635.43 thence running north-northwest 
        about 1854.83 feet along the easterly limit of the project to a 
        point N424706.69, E2870755.48, thence running northwesterly 
        about 111.07 feet to a point on the northerly limit of the 
        project N424777.27, E2870669.46, thence west-southwest 157.88 
        feet along the north limit of the project to a point N424703.04, 
        E2870530.38, thence south-southeast 1978.27 feet to the most 
        southwesterly point N422961.45, E2871469.07, thence 
        northeasterly 201.00 feet along the southern limit of the 
        project to the point of origin.
            (9) Tremley point, new jersey.--The portion of the Federal 
        navigation channel, New York and New Jersey Channels, New York 
        and New Jersey, authorized by the first section of the Act 
        entitled ``An Act authorizing the construction, repair, and 
        preservation of certain public works on rivers and harbors, and 
        for other purposes'', approved August 30, 1935 (49 Stat. 1030), 
        and modified by section 101 of the River and Harbor Act of 1950 
        (64 Stat. 164), that consists of a 35-foot deep channel 
        beginning at a point along the western limit of the authorized 
        project, N644100.411, E129256.91, thence running southeasterly 
        about 38.25 feet to a point N644068.885, E129278.565, thence 
        running southerly about 1,163.86 feet to a point N642912.127, 
        E129150.209, thence running southwesterly about 56.89 feet to a 
        point N642864.09, E2129119.725, thence running northerly along 
        the existing western limit of the existing project to the point 
        of origin.
            (10) Angola, new york.--The project for erosion protection, 
        Angola Water Treatment Plant, Angola, New York, constructed 
        under section 14 of the Flood Control Act of 1946 (33 U.S.C. 
        701r).
            (11) Wallabout channel, brooklyn, new york.--
                    (A) In general.--The northeastern portion of the 
                project for navigation, Wallabout Channel, Brooklyn, New 
                York, authorized by the Rivers and Harbors 
                Appropriations Act of March 3, 1899 (30 Stat. 1124), 
                beginning at a point N682,307.40, E638,918.10, thence 
                running along the courses and distances described in 
                subparagraph (B).
                    (B) Courses and distances.--The courses and 
                distances referred to in subparagraph (A) are the 
                following:
                          (i) South 85 degrees, 44 minutes, 13 seconds 
                      East 87.94 feet (coordinate: N682,300.86, 
                      E639,005.80).
                          (ii) North 74 degrees, 41 minutes, 30 seconds 
                      East 271.54 feet (coordinate: N682,372.55, 
                      E639,267.71).
                          (iii) South 4 degrees, 46 minutes, 02 seconds 
                      West 170.95 feet (coordinate: N682,202.20, 
                      E639,253.50).
                          (iv) South 4 degrees, 46 minutes, 02 seconds 
                      West 239.97 feet (coordinate: N681,963.06, 
                      E639,233.56).
                          (v) North 50 degrees, 48 minutes, 26 seconds 
                      West 305.48 feet (coordinate: N682,156.10, 
                      E638,996.80).
                          (vi) North 3 degrees, 33 minutes, 25 seconds 
                      East 145.04 feet (coordinate: N682,300.86, 
                      E639,005.80).

[[Page 114 STAT. 2621]]

            (12) New york and new jersey channels, new york and new 
        jersey.--The portion of the project for navigation, New York and 
        New Jersey Channels, New York and New Jersey, authorized by the 
        first section of the Act of August 30, 1935 (49 Stat. 1030, 
        chapter 831), and modified by section 101 of the River and 
        Harbor Act of 1950 (64 Stat. 164), consisting of a 35-foot-deep 
        channel beginning at a point along the western limit of the 
        authorized project, N644100.411, E2129256.91, thence running 
        southeast about 38.25 feet to a point N644068.885, E2129278.565, 
        thence running south about 1163.86 feet to a point N642912.127, 
        E2129150.209, thence running southwest about 56.9 feet to a 
        point N642864.09, E2129119.725, thence running north along the 
        western limit of the project to the point of origin.
            (13) Warwick cove, rhode island.--The portion of the project 
        for navigation, Warwick Cove, Rhode Island, carried out under 
        section 107 of the River and Harbor Act of 1960 (33 U.S.C. 577), 
        that is located within the 5-acre, 6-foot anchorage area west of 
        the channel: beginning at a point with coordinates N221,150.027, 
        E528,960.028, thence running southerly about 257.39 feet to a 
        point with coordinates N220,892.638, E528,960.028, thence 
        running northwesterly about 346.41 feet to a point with 
        coordinates N221,025.270, E528,885.780, thence running 
        northeasterly about 145.18 feet to the point of origin.

    (b) Rockport Harbor, Massachusetts.--The project for navigation, 
Rockport Harbor, Massachusetts, carried out under section 107 of the 
River and Harbor Act of 1960 (33 U.S.C. 577), is modified--
            (1) to redesignate a portion of the 8-foot north outer 
        anchorage as part of the 8-foot approach channel to the north 
        inner basin described as follows: The perimeter of the area 
        starts at a point with coordinates N605,792.110, E838,020.009, 
        thence running south 89 degrees 12 minutes 27.1 seconds east 
        64.794 feet to a point N605,791.214, E838,084.797, thence 
        running south 47 degrees 18 minutes 54.0 seconds west 40.495 
        feet to a point N605,763.760, E838,055.030, thence running north 
        68 degrees 26 minutes 49.0 seconds west 43.533 feet to a point 
        N605,779.750, E838,014.540, thence running north 23 degrees 52 
        minutes 08.4 seconds east 13.514 feet to the point of origin; 
        and
            (2) to realign a portion of the 8-foot north inner basin 
        approach channel by adding an area described as follows: the 
        perimeter of the area starts at a point with coordinates 
        N605,792.637, E837,981.920, thence running south 89 degrees 12 
        minutes 27.1 seconds east 38.093 feet to a point N605,792.110, 
        E838,020.009, thence running south 23 degrees 52 minutes 08.4 
        seconds west 13.514 feet to a point N605,779.752, E838,014.541, 
        thence running north 68 degrees 26 minutes 49.0 seconds west 
        35.074 feet to the point of origin.

SEC. 348. LAND CONVEYANCES.

    (a) Thompson, Connecticut.--
            (1) In general.--The Secretary shall convey by quitclaim 
        deed without consideration to the town of Thompson, Connecticut, 
        all right, title, and interest of the United States in and to 
        the approximately 1.36-acre parcel of land described

[[Page 114 STAT. 2622]]

        in paragraph (2) for public ownership and use by the town for 
        firefighting and related emergency services purposes.
            (2) Land description.--The parcel of land referred to in 
        paragraph (1) is located in the town of Thompson, county of 
        Windham, State of Connecticut, on the northerly side of West 
        Thompson Road owned by the United States and shown as Parcel A 
        on a plan by Provost, Rovero, Fitzback entitled ``Property 
        Survey Prepared for West Thompson Independent Firemen 
        Association #1'' dated August 24, 1998, bounded and described as 
        follows:
                    Beginning at a bound labeled WT-276 on the northerly 
                side line of West Thompson Road, so called, at the most 
                south corner of the Parcel herein described and at land 
                now or formerly of West Thompson Independent Firemen 
                Association No. 1;
                    Thence in a generally westerly direction by said 
                northerly side line of West Thompson Road, by a curve to 
                the left, having a radius of 640.00 feet a distance of 
                169.30 feet to a point;
                    Thence North 13 degrees, 08 minutes, 37 seconds East 
                by the side line of said West Thompson Road a distance 
                of 10.00 feet to a point;
                    Thence in a generally westerly direction by the 
                northerly side line of said West Thompson Road, by a 
                curve to the left having a radius of 650.00 feet a 
                distance of 109.88 feet to a bound labeled WT-123, at 
                land now or formerly of the United States of America;
                    Thence North 44 degrees, 43 minutes, 07 seconds East 
                by said land now or formerly of the United States of 
                America a distance of 185.00 feet to a point;
                    Thence North 67 degrees, 34 minutes, 13 seconds East 
                by said land now or formerly of the United States of 
                America a distance of 200.19 feet to a point in a 
                stonewall;
                    Thence South 20 degrees, 49 minutes, 17 seconds East 
                by a stonewall and by said land now or formerly of the 
                United States of America a distance of 253.10 feet to a 
                point at land now or formerly of West Thompson 
                Independent Firemen Association No. 1;
                    Thence North 57 degrees, 45 minutes, 25 seconds West 
                by land now or formerly of said West Thompson 
                Independent Firemen Association No. 1 a distance of 
                89.04 feet to a bound labeled WT-277;
                    Thence South 32 degrees, 14 minutes, 35 seconds West 
                by land now or formerly of said West Thompson 
                Independent Firemen Association No. 1 a distance of 
                123.06 feet to the point of beginning.
            (3) Reversion.--If the Secretary determines that the parcel 
        described in paragraph (2) ceases to be held in public ownership 
        or used for firefighting and related emergency services, all 
        right, title, and interest in and to the parcel shall revert to 
        the United States, at the option of the United States.

    (b) Washington, District of Columbia.--
            (1) In general.--The Secretary shall convey to the Lucy Webb 
        Hayes National Training School for Deaconesses and Missionaries 
        Conducting Sibley Memorial Hospital (in this subsection referred 
        to as the ``Hospital'') by quitclaim deed under the terms of a 
        negotiated sale, all right, title, and interest

[[Page 114 STAT. 2623]]

        of the United States in and to the 8.864-acre parcel of land 
        described in paragraph (2) for medical care and parking 
        purposes. The consideration paid under such negotiated sale 
        shall reflect the value of the parcel, taking into consideration 
        the terms and conditions of the conveyance imposed under this 
        subsection.
            (2) Land description.--The parcel of land referred to in 
        paragraph (1) is the parcel described as follows: Beginning at a 
        point on the westerly right-of-way line of Dalecarlia Parkway, 
        said point also being on the southerly division line of part of 
        Square N1448, A&T Lot 801 as recorded in A&T 2387 and part of 
        the property of the United States Government, thence with said 
        southerly division line now described:
                    (A) North 35/ 05' 40'' West--436.31 feet to a point, 
                thence
                    (B) South 89/ 59' 30'' West--550 feet to a point, 
                thence
                    (C) South 53/ 48' 00'' West--361.08 feet to a point, 
                thence
                    (D) South 89/ 59' 30'' West--466.76 feet to a point 
                at the southwesterly corner of the aforesaid A&T Lot 
                801, said point also being on the easterly right-of-way 
                line of MacArthur Boulevard, thence with a portion of 
                the westerly division line of said A&T Lot 801 and the 
                easterly right-of-way line of MacArthur Boulevard, as 
                now described
                    (E) 78.62 feet along the arc of a curve to the right 
                having a radius of 650.98 feet, chord bearing and 
                distance of North 06/ 17' 20'' West--78.57 feet to a 
                point, thence crossing to include a portion of aforesaid 
                A&T Lot 801 and a portion of the aforesaid Dalecarlia 
                Reservoir Grounds, as now described
                    (F) North 87/ 18' 21'' East--258.85 feet to a point, 
                thence
                    (G) North 02/ 49' 16'' West--214.18 feet to a point, 
                thence
                    (H) South 87/ 09' 00'' West--238.95 feet to a point 
                on the aforesaid easterly right-of-way line of MacArthur 
                Boulevard, thence with said easterly right-of-way line, 
                as now described
                    (I) North 08/ 41' 30'' East--30.62 feet to a point, 
                thence crossing to include a portion of aforesaid A&T 
                Lot 801 and a portion of the aforesaid Dalecarlia 
                Reservoir Grounds, as now described
                    (J) North 87/ 09' 00'' East--373.96 feet to a point, 
                thence
                    (K) North 88/ 42' 48'' East--374.92 feet to a point, 
                thence
                    (L) North 56/ 53' 40'' East--53.16 feet to a point, 
                thence
                    (M) North 86/ 00' 15'' East--26.17 feet to a point, 
                thence
                    (N) South 87/ 24' 50'' East--464.01 feet to a point, 
                thence
                    (O) North 83/ 34' 31'' East--212.62 feet to a point, 
                thence
                    (P) South 30/ 16' 12'' East--108.97 feet to a point, 
                thence

[[Page 114 STAT. 2624]]

                    (Q) South 38/ 30' 23'' East--287.46 feet to a point, 
                thence
                    (R) South 09/ 03' 38'' West--92.74 feet to the point 
                on the aforesaid westerly right-of-way line of 
                Dalecarlia Parkway, thence with said westerly right-of-
                way line, as now described
                    (S) 197.74 feet along the arc of a curve to the 
                right having a radius of 916.00 feet, chord bearing and 
                distance of South 53/ 54' 43'' West--197.35 feet to the 
                place of beginning.
            (3) Terms and conditions.--The conveyance under this 
        subsection shall be subject to the following terms and 
        conditions:
                    (A) Limitation on the use of certain portions of the 
                parcel.--The Secretary shall include in any deed 
                conveying the parcel under this section a restriction to 
                prevent the Hospital, and its successors and assigns, 
                from constructing any structure, other than a structure 
                used exclusively for the parking of motor vehicles, on 
                the portion of the parcel that lies between the 
                Washington Aqueduct and Little Falls Road.
                    (B) Limitation on certain legal challenges.--The 
                Secretary shall require the Hospital, and its successors 
                and assigns, to refrain from raising any legal challenge 
                to the operations of the Washington Aqueduct arising 
                from any impact such operations may have on the 
                activities conducted by the Hospital on the parcel.
                    (C) Easement.--The Secretary shall require that the 
                conveyance be subject to the retention of an easement 
                permitting the United States, and its successors and 
                assigns, to use and maintain the portion of the parcel 
                described as follows: Beginning at a point on the 
                easterly or South 35/ 05' 40'' East--436.31 foot plat 
                line of Lot 25 as shown on a subdivision plat recorded 
                in book 175 page 102 among the records of the Office of 
                the Surveyor of the District of Columbia, said point 
                also being on the northerly right-of-way line of 
                Dalecarlia Parkway, thence running with said easterly 
                line of Lot 25 and crossing to include a portion of the 
                aforesaid Dalecarlia Reservoir Grounds as now described:
                          (i) North 35/ 05' 40'' West--495.13 feet to a 
                      point, thence
                          (ii) North 87/ 24' 50'' West--414.43 feet to a 
                      point, thence
                          (iii) South 81/ 08' 00'' West--69.56 feet to a 
                      point, thence
                          (iv) South 88/ 42' 48'' West--367.50 feet to a 
                      point, thence
                          (v) South 87/ 09' 00'' West--379.68 feet to a 
                      point on the easterly right-of-way line of 
                      MacArthur Boulevard, thence with said easterly 
                      right-of-way line, as now described
                          (vi) North 08/ 41' 30'' East--30.62 feet to a 
                      point, thence crossing to include a portion of the 
                      aforesaid Dalecarlia Reservoir Grounds, as now 
                      described
                          (vii) North 87/ 09' 00'' East--373.96 feet to 
                      a point, thence

[[Page 114 STAT. 2625]]

                          (viii) North 88/ 42' 48'' East--374.92 feet to 
                      a point, thence
                          (ix) North 56/ 53' 40'' East--53.16 feet to a 
                      point, thence
                          (x) North 86/ 00' 15'' East--26.17 feet to a 
                      point, thence
                          (xi) South 87/ 24' 50'' East--464.01 feet to a 
                      point, thence
                          (xii) North 83/ 34' 31'' East--50.62 feet to a 
                      point, thence
                          (xiii) South 02/ 35' 10'' West--46.46 feet to 
                      a point, thence
                          (xiv) South 13/ 38' 12'' East--107.83 feet to 
                      a point, thence
                          (xv) South 35/ 05' 40'' East--347.97 feet to a 
                      point on the aforesaid northerly right-of-way line 
                      of Dalecarlia Parkway, thence with said right-of-
                      way line, as now described
                          (xvi) 44.12 feet along the arc of a curve to 
                      the right having a radius of 855.00 feet, chord 
                      bearing and distance of South 58/ 59' 22'' West--
                      44.11 feet to the place of beginning containing 
                      1.7157 acres of land more or less as now described 
                      by Maddox Engineers and Surveyors, Inc., June 
                      2000, Job #00015.
            (4) Appraisal.--Before conveying any right, title, or 
        interest under this subsection, the Secretary shall obtain an 
        appraisal of the fair market value of the parcel.

    (c) Joliet, Illinois.--
            (1) In general.--Subject to the provisions of this 
        subsection, the Secretary shall convey by quitclaim deed without 
        consideration to the Joliet Park District in Joliet, Illinois, 
        all right, title, and interest of the United States in and to 
        the parcel of real property located at 622 Railroad Street in 
        the city of Joliet, consisting of approximately 2 acres, 
        together with any improvements thereon, for public ownership and 
        use as the site of the headquarters of the park district.
            (2) Survey to obtain legal description.--The exact acreage 
        and the legal description of the real property described in 
        paragraph (1) shall be determined by a survey that is 
        satisfactory to the Secretary.
            (3) Reversion.--If the Secretary determines that the 
        property conveyed under paragraph (1) ceases to be held in 
        public ownership or to be used as headquarters of the park 
        district or for related purposes, all right, title, and interest 
        in and to the property shall revert to the United States, at the 
        option of the United States.

    (d) Ottawa, Illinois.--
            (1) Conveyance of property.--Subject to the terms, 
        conditions, and reservations of paragraph (2), the Secretary 
        shall convey by quitclaim deed to the Young Men's Christian 
        Association of Ottawa, Illinois (in this subsection referred to 
        as the ``YMCA''), all right, title, and interest of the United 
        States in and to a portion of the easements acquired for the 
        improvement of the Illinois Waterway project over a parcel of 
        real property owned by the YMCA, known as the ``Ottawa, 
        Illinois, YMCA Site'', and located at 201 E. Jackson Street, 
        Ottawa, La Salle County, Illinois (portion of NE\1/4\, S11, 
        T33N, R3E

[[Page 114 STAT. 2626]]

        3PM), except that portion lying below the elevation of 461 feet 
        National Geodetic Vertical Datum.
            (2) Conditions.--The following conditions apply to the 
        conveyance under paragraph (1):
                    (A) The exact acreage and the legal description of 
                the real property described in paragraph (1) shall be 
                determined by a survey that is satisfactory to the 
                Secretary.
                    (B) The YMCA shall agree to hold and save the United 
                States harmless from liability associated with the 
                operation and maintenance of the Illinois Waterway 
                project on the property described in paragraph (1).
                    (C) If the Secretary determines that any portion of 
                the property that is the subject of the easement 
                conveyed under paragraph (1) ceases to be used for the 
                purposes for which the YMCA was established, all right, 
                title, and interest in and to such easement shall revert 
                to the United States, at the option of the United 
                States.

    (e) Bayou Teche, Louisiana.--
            (1) In general.--After renovations of the Keystone Lock 
        facility have been completed, the Secretary may convey by 
        quitclaim deed without consideration to St. Martin Parish, 
        Louisiana, all rights, title, and interests of the United States 
        in the approximately 12.03 acres of land under the 
        administrative jurisdiction of the Secretary in Bayou Teche, 
        Louisiana, together with improvements thereon. The dam and the 
        authority to retain upstream pool elevations shall remain under 
        the jurisdiction of the Secretary. The Secretary shall 
        relinquish all operations and maintenance of the lock to St. 
        Martin Parish.
            (2) Conditions.--The following conditions apply to the 
        transfer under paragraph (1):
                    (A) St. Martin Parish shall operate, maintain, 
                repair, replace, and rehabilitate the lock in accordance 
                with regulations prescribed by the Secretary that are 
                consistent with the project's authorized purposes.
                    (B) The Parish shall provide the Secretary access to 
                the dam whenever the Secretary notifies the Parish of a 
                need for access to the dam.
                    (C) If the Parish fails to comply with subparagraph 
                (A), the Secretary shall notify the Parish of such 
                failure. If the Parish does not correct such failure 
                during the 1-year period beginning on the date of such 
                notification, the Secretary shall have a right of 
                reverter to reclaim possession and title to the land and 
                improvements conveyed under this section or, in the case 
                of a failure to make necessary repairs, the Secretary 
                may effect the repairs and require payment from the 
                Parish for the repairs made by the Secretary.

    (f) Ontonagon, Michigan.--
            (1) In general.--The Secretary may convey to the Ontonagon 
        County Historical Society, at Federal expense--
                    (A) the lighthouse at Ontonagon, Michigan; and
                    (B) the land underlying and adjacent to the 
                lighthouse (including any improvements on the land) that 
                is under the jurisdiction of the Secretary.
            (2) Map.--The Secretary shall--
                    (A) determine the extent of the land conveyance 
                under this subsection;

[[Page 114 STAT. 2627]]

                    (B) determine the exact acreage and legal 
                description of the land to be conveyed under this 
                subsection; and
                    (C) prepare a map that clearly identifies any land 
                to be conveyed.
            (3) Environmental response.--To the extent required under 
        any applicable law, the Secretary shall be responsible for any 
        necessary environmental response required as a result of the 
        prior Federal use or ownership of the land and improvements 
        conveyed under this subsection.
            (4) Responsibilities after conveyance.--After the conveyance 
        of land under this subsection, the Ontonagon County Historical 
        Society shall be responsible for any additional operation, 
        maintenance, repair, rehabilitation, or replacement costs 
        associated with the lighthouse or the conveyed land and 
        improvements.
            (5) Applicability of environmental law.--Nothing in this 
        section affects the potential liability of any person under any 
        applicable environmental law.
            (6) Reversion.--If the Secretary determines that the 
        property conveyed under paragraph (1) ceases to be owned by the 
        Ontonagon County Historical Society or to be used for public 
        purposes, all right, title, and interest in and to such property 
        shall revert to the United States, at the option of the United 
        States.

    (g) Pike County, Missouri.--
            (1) In general.--Subject to paragraphs (3) and (4), at such 
        time as S.S.S., Inc. conveys all right, title, and interest in 
        and to the parcel of land described in paragraph (2)(A) to the 
        United States, the Secretary shall convey all right, title, and 
        interest of the United States in and to the parcel of land 
        described in paragraph (2)(B) to S.S.S., Inc.
            (2) Land description.--The parcels of land referred to in 
        paragraph (1) are the following:
                    (A) Non-federal land.--8.99 acres with existing 
                flowage easements, located in Pike County, Missouri, 
                adjacent to land being acquired from Holnam, Inc. by the 
                Corps of Engineers.
                    (B) Federal land.--8.99 acres located in Pike 
                County, Missouri, known as ``Government Tract Numbers 
                FM-46 and FM-47'', administered by the Corps of 
                Engineers.
            (3) Conditions.--The land exchange under paragraph (1) shall 
        be subject to the following conditions:
                    (A) Deeds.--
                          (i) Non-federal land.--The conveyance of the 
                      parcel of land described in paragraph (2)(A) to 
                      the Secretary shall be by a warranty deed 
                      acceptable to the Secretary.
                          (ii) Federal land.--The instrument of 
                      conveyance used to convey the parcel of land 
                      described in paragraph (2)(B) to S.S.S., Inc., 
                      shall contain such reservations, terms, and 
                      conditions as the Secretary considers necessary to 
                      allow the United States to operate and maintain 
                      the Mississippi River 9-Foot Navigation Project.
                    (B) Removal of improvements.--
                          (i) In general.--S.S.S., Inc. may remove, and 
                      the Secretary may require S.S.S., Inc. to remove, 
                      any

[[Page 114 STAT. 2628]]

                      improvements on the parcel of land described in 
                      paragraph (2)(A).
                          (ii) No liability.--If S.S.S., Inc., 
                      voluntarily or under direction from the Secretary, 
                      removes an improvement on the parcel of land 
                      described in paragraph (2)(A)--
                                    (I) S.S.S., Inc., shall have no 
                                claim against the United States for 
                                liability; and
                                    (II) the United States shall not 
                                incur or be liable for any cost 
                                associated with the removal or 
                                relocation of the improvement.
                    (C) Time limit for land exchange.--Not later than 2 
                years after the date of enactment of this Act, the land 
                exchange under paragraph (1) shall be completed.
                    (D) Legal description.--The Secretary shall provide 
                legal descriptions of the parcels of land described in 
                paragraph (2), which shall be used in the instruments of 
                conveyance of the parcels.
            (4) Value of properties.--If the appraised fair market 
        value, as determined by the Secretary, of the parcel of land 
        conveyed to S.S.S., Inc., by the Secretary under paragraph (1) 
        exceeds the appraised fair market value, as determined by the 
        Secretary, of the parcel of land conveyed to the United States 
        by S.S.S., Inc., under paragraph (1), S.S.S., Inc., shall pay to 
        the United States, in cash or a cash equivalent, an amount equal 
        to the difference between the 2 values.

    (h) St. Clair and Benton Counties, Missouri.--
            (1) In general.--The Secretary shall convey to the Iconium 
        Fire Protection District, St. Clair and Benton counties, 
        Missouri, by quitclaim deed and without consideration, all 
        right, title, and interest of the United States in and to the 
        parcel of land described in paragraph (2).
            (2) Land description.--The parcel of land to be conveyed 
        under paragraph (1) is the tract of land located in the 
        Southeast \1/4\ of Section 13, Township 39 North, Range 25 West, 
        of the Fifth Principal Meridian, St. Clair County, Missouri, 
        more particularly described as follows: Commencing at the 
        Southwest corner of Section 18, as designated by Corps survey 
        marker AP 18-1, thence northerly 11.22 feet to the southeast 
        corner of Section 13, thence 657.22 feet north along the east 
        line of Section 13 to Corps monument 18 1-C lying within the 
        right-of-way of State Highway C, being the point of beginning of 
        the tract of land herein described; thence westerly 
        approximately 210 feet, thence northerly 150 feet, thence 
        easterly approximately 210 feet to the east line of Section 13, 
        thence southerly along said east line, 150 feet to the point of 
        beginning, containing 0.723 acres, more or less.
            (3) Reversion.--If the Secretary determines that the 
        property conveyed under paragraph (1) ceases to be held in 
        public ownership or to be used as a site for a fire station, all 
        right, title, and interest in and to the property shall revert 
        to the United States, at the option of the United States.

    (i) Candy Lake Project, Osage County, Oklahoma.--Section 
563(c)(1)(B) of the Water Resources Development Act of 1999 (113 Stat. 
357) is amended by striking ``a deceased individual'' and inserting ``an 
individual''.
    (j) Manor Township, Pennsylvania.--

[[Page 114 STAT. 2629]]

            (1) In general.--In accordance with this subsection, the 
        Secretary shall convey by quitclaim deed to the township of 
        Manor, Pennsylvania, all right, title, and interest of the 
        United States in and to the approximately 113 acres of real 
        property located at Crooked Creek Lake, together with any 
        improvements on the land.
            (2) Survey to obtain legal description.--The exact acreage 
        and the legal description of the real property described in 
        paragraph (1) shall be determined by a survey that is 
        satisfactory to the Secretary.
            (3) Consideration.--The Secretary may convey under this 
        subsection without consideration any portion of the real 
        property described in paragraph (1) if the portion is to be 
        retained in public ownership and be used for public park and 
        recreation or other public purposes.
            (4) Reversion.--If the Secretary determines that any portion 
        of the property conveyed under paragraph (3) ceases to be held 
        in public ownership or to be used for public park and recreation 
        or other public purposes, all right, title, and interest in and 
        to such portion of property shall revert to the United States, 
        at the option of the United States.

    (k) Richard B. Russell Dam and Lake, South Carolina.--Section 563(i) 
of the Water Resources Development Act of 1999 (113 Stat. 360-361) is 
amended to read as follows:
    ``(i) Richard B. Russell Dam and Lake, South Carolina.--
            ``(1) In general.--The Secretary shall convey to the State 
        of South Carolina all right, title, and interest of the United 
        States in and to the parcels of land described in paragraph 
        (2)(A) that are being managed, as of August 17, 1999, by the 
        South Carolina Department of Natural Resources for fish and 
        wildlife mitigation purposes for the Richard B. Russell Dam and 
        Lake, South Carolina, project authorized by section 203 of the 
        Flood Control Act of 1966 (80 Stat. 1420).
            ``(2) Land description.--
                    ``(A) In general.--The parcels of land to be 
                conveyed are described in Exhibits A, F, and H of Army 
                Lease No. DACW21-1-93-0910 and associated supplemental 
                agreements.
                    ``(B) Survey.--The exact acreage and legal 
                description of the land shall be determined by a survey 
                satisfactory to the Secretary, with the cost of the 
                survey borne by the State.
            ``(3) Costs of conveyance.--The State shall be responsible 
        for all costs, including real estate transaction and 
        environmental compliance costs, associated with the conveyance.
            ``(4) Perpetual status.--
                    ``(A) In general.--All land conveyed under this 
                subsection shall be retained in public ownership and 
                shall be managed in perpetuity for fish and wildlife 
                mitigation purposes in accordance with a plan approved 
                by the Secretary.
                    ``(B) Reversion.--If any parcel of land is not 
                managed for fish and wildlife mitigation purposes in 
                accordance with the plan, title to the parcel shall 
                revert to the United States, at the option of the United 
                States.
            ``(5) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection

[[Page 114 STAT. 2630]]

        with the conveyance under this subsection as the Secretary 
        considers appropriate to protect the interests of the United 
        States.
            ``(6) Fish and wildlife mitigation agreement.--
                    ``(A) In general.--The Secretary shall pay the State 
                of South Carolina $4,850,000, subject to the Secretary 
                and the State entering into a contract for the State to 
                manage for fish and wildlife mitigation purposes in 
                perpetuity the parcels of land conveyed under this 
                subsection.
                    ``(B) Failure of performance.--The agreement shall 
                specify the terms and conditions under which payment 
                will be made and the rights of, and remedies available 
                to, the Federal Government to recover all or a portion 
                of the payment if the State fails to manage any parcel 
                in a manner satisfactory to the Secretary.''.

    (l) Savannah River, South Carolina.--
            (1) Definition of new savannah bluff lock and dam.--In this 
        subsection, the term ``New Savannah Bluff Lock and Dam'' means--
                    (A) the lock and dam at New Savannah Bluff, Savannah 
                River, Georgia and South Carolina; and
                    (B) the appurtenant features to the lock and dam, 
                including--
                          (i) the adjacent approximately 50-acre park 
                      and recreation area with improvements made under 
                      the project for navigation, Savannah River below 
                      Augusta, Georgia, authorized by the first section 
                      of the Act of July 3, 1930 (46 Stat. 924) and the 
                      first section of the Act of August 30, 1935 (49 
                      Stat. 1032); and
                          (ii) other land that is part of the project 
                      and that the Secretary determines to be 
                      appropriate for conveyance under this subsection.
            (2) Repair and conveyance.--After execution of an agreement 
        between the Secretary and the city of North Augusta and Aiken 
        County, South Carolina, the Secretary--
                    (A) shall repair and rehabilitate the New Savannah 
                Bluff Lock and Dam, at Federal expense of an estimated 
                $5,300,000; and
                    (B) after repair and rehabilitation, may convey the 
                New Savannah Bluff Lock and Dam, without consideration, 
                to the city of North Augusta and Aiken County, South 
                Carolina.
            (3) Treatment of new savannah bluff lock and dam.--The New 
        Savannah Bluff Lock and Dam shall not be considered to be part 
        of any Federal project after the conveyance under paragraph (2).
            (4) Operation and maintenance.--
                    (A) Before conveyance.--Before the conveyance under 
                paragraph (2), the Secretary shall continue to operate 
                and maintain the New Savannah Bluff Lock and Dam.
                    (B) After conveyance.--After the conveyance under 
                paragraph (2), operation and maintenance of all features 
                of the project for navigation, Savannah River below 
                Augusta, Georgia, described in paragraph (1)(B)(i), 
                other than the New Savannah Bluff Lock and Dam, shall 
                continue to be a Federal responsibility.

[[Page 114 STAT. 2631]]

    (m) Tri-Cities Area, Washington.--Section 501(i) of the Water 
Resources Development Act of 1996 (110 Stat. 3752-3753) is amended--
            (1) by inserting before the period at the end of paragraph 
        (1) the following: ``; except that any of such local 
        governments, with the agreement of the appropriate district 
        engineer, may exempt from the conveyance to the local government 
        all or any part of the property to be conveyed to the local 
        government''; and
            (2) by inserting before the period at the end of paragraph 
        (2)(C) the following: ``; except that approximately 7.4 acres in 
        Columbia Park, Kennewick, Washington, consisting of the historic 
        site located in the Park and known and referred to as the 
        ``Kennewick Man Site'' and such adjacent wooded areas as the 
        Secretary determines are necessary to protect the historic site, 
        shall remain in Federal ownership''.

    (n) Generally Applicable Provisions.--
            (1) Applicability of property screening provisions.--Section 
        2696 of title 10, United States Code, shall not apply to any 
        conveyance under this section.
            (2) Additional terms and conditions.--The Secretary may 
        require that any conveyance under this section be subject to 
        such additional terms and conditions as the Secretary considers 
        appropriate and necessary to protect the interests of the United 
        States.
            (3) Costs of conveyance.--An entity to which a conveyance is 
        made under this section shall be responsible for all reasonable 
        and necessary costs, including real estate transaction and 
        environmental compliance costs, associated with the conveyance.
            (4) Liability.--An entity to which a conveyance is made 
        under this section shall hold the United States harmless from 
        any liability with respect to activities carried out, on or 
        after the date of the conveyance, on the real property conveyed. 
        The United States shall remain responsible for any liability 
        with respect to activities carried out, before such date, on the 
        real property conveyed.

SEC. 349. PROJECT REAUTHORIZATIONS.

    (a) In General.--Each of the following projects may be carried out 
by the Secretary, and no construction on any such project may be 
initiated until the Secretary determines that the project is technically 
sound, environmentally acceptable, and economically justified, as 
appropriate:
            (1) Narraguagus river, milbridge, maine.--Only for the 
        purpose of maintenance as anchorage, those portions of the 
        project for navigation, Narraguagus River, Milbridge, Maine, 
        authorized by section 2 of the Act entitled ``An Act making 
        appropriations for the construction, repair, completion, and 
        preservation of certain works on rivers and harbors, and for 
        other purposes'', approved June 14, 1880 (21 Stat. 195), and 
        deauthorized under section 101 of the River and Harbor Act of 
        1962 (75 Stat. 1173), lying adjacent to and outside the limits 
        of the 11-foot and 9-foot channel authorized as part of the 
        project for navigation, authorized by such section 101, as 
        follows:

[[Page 114 STAT. 2632]]

                    (A) An area located east of the 11-foot channel 
                starting at a point with coordinates N248,060.52, 
                E668,236.56, thence running south 36 degrees 20 minutes 
                52.3 seconds east 1567.242 feet to a point N246,798.21, 
                E669,165.44, thence running north 51 degrees 30 minutes 
                06.2 seconds west 839.855 feet to a point N247,321.01, 
                E668,508.15, thence running north 20 degrees 09 minutes 
                58.1 seconds west 787.801 feet to the point of origin.
                    (B) An area located west of the 9-foot channel 
                starting at a point with coordinates N249,673.29, 
                E667,537.73, thence running south 20 degrees 09 minutes 
                57.8 seconds east 1341.616 feet to a point N248,413.92, 
                E668,000.24, thence running south 01 degrees 04 minutes 
                26.8 seconds east 371.688 feet to a point N248,042.30, 
                E668,007.21, thence running north 22 degrees 21 minutes 
                20.8 seconds west 474.096 feet to a point N248,480.76, 
                E667,826.88, thence running north 79 degrees 09 minutes 
                31.6 seconds east 100.872 feet to a point N248,499.73, 
                E667,925.95, thence running north 13 degrees 47 minutes 
                27.6 seconds west 95.126 feet to a point N248,592.12, 
                E667,903.28, thence running south 79 degrees 09 minutes 
                31.6 seconds west 115.330 feet to a point N248,570.42, 
                E667,790.01, thence running north 22 degrees 21 minutes 
                20.8 seconds west 816.885 feet to a point N249,325.91, 
                E667,479.30, thence running north 07 degrees 03 minutes 
                00.3 seconds west 305.680 feet to a point N249,629.28, 
                E667,441.78, thence running north 65 degrees 21 minutes 
                33.8 seconds east 105.561 feet to the point of origin.
            (2) Cedar bayou, texas.--The project for navigation, Cedar 
        Bayou, Texas, authorized by the first section of the Act 
        entitled ``An Act making appropriations for the construction, 
        repair, and preservation of certain public works on rivers and 
        harbors, and for other purposes'', approved September 19, 1890 
        (26 Stat. 444), and modified by the first section of the Act 
        entitled ``An Act authorizing the construction, repair, and 
        preservation of certain public works on rivers and harbors, and 
        for other purposes'', approved July 3, 1930 (46 Stat. 926), and 
        deauthorized by section 1002 of the Water Resources Development 
        Act of 1986 (100 Stat. 4219), except that the project is 
        authorized only for construction of a navigation channel 12 feet 
        deep by 125 feet wide from mile -2.5 (at the junction with the 
        Houston Ship Channel) to mile 11.0 on Cedar Bayou.

    (b) Redesignation.--The following portion of the 11-foot channel of 
the project for navigation, Narraguagus River, Milbridge, Maine, 
referred to in subsection (a)(1) is redesignated as anchorage: Starting 
at a point with coordinates N248,413.92, E668,000.24, thence running 
south 20 degrees 09 minutes 57.8 seconds east 1325.205 feet to a point 
N247,169.95, E668,457.09, thence running north 51 degrees 30 minutes 
05.7 seconds west 562.33 feet to a point N247,520.00, E668,017.00, 
thence running north 01 degrees 04 minutes 26.8 seconds west 894.077 
feet to the point of origin.

SEC. 350. CONTINUATION OF PROJECT AUTHORIZATIONS.

    (a) In General.--Notwithstanding section 1001(b)(2) of the Water 
Resources Development Act of 1986 (33 U.S.C. 579a(b)(2)), the following 
projects shall remain authorized to be carried out by the Secretary:

[[Page 114 STAT. 2633]]

            (1) The projects for flood control, Sacramento River, 
        California, modified by section 10 of the Flood Control Act of 
        December 22, 1944 (58 Stat. 900-901).
            (2) The project for flood protection, Sacramento River from 
        Chico Landing to Red Bluff, California, authorized by section 
        203 of the Flood Control Act of 1958 (72 Stat. 314).

    (b) Limitation.--A project described in subsection (a) shall not be 
authorized for construction after the last day of the 7-year period 
beginning on the date of enactment of this Act, unless, during such 
period, funds have been obligated for the construction (including 
planning and design) of the project.

SEC. 351. WATER QUALITY PROJECTS.

    Section 307(a) of the Water Resources Development Act of 1992 (106 
Stat. 4841) is amended by striking ``Jefferson and Orleans Parishes'' 
and inserting ``Jefferson, Orleans, and St. Tammany Parishes''.

                            TITLE IV--STUDIES

SEC. 401. STUDIES OF COMPLETED PROJECTS.

    The Secretary shall conduct a study under section 216 of the Flood 
Control Act of 1970 (84 Stat. 1830) of each of the following completed 
projects:
            (1) Escambia bay and river, florida.--Project for 
        navigation, Escambia Bay and River, Florida.
            (2) Illinois river, havana, illinois.--Project for flood 
        control, Illinois River, Havana, Illinois, authorized by section 
        5 of the Flood Control Act of June 22, 1936 (49 Stat. 1583).
            (3) Spring lake, illinois.--Project for flood control, 
        Spring Lake, Illinois, authorized by section 5 of the Flood 
        Control Act of June 22, 1936 (49 Stat. 1584).
            (4) Port orford, oregon.--Project for navigation, Port 
        Orford, Oregon, authorized by section 301 of the River and 
        Harbor Act of 1965 (79 Stat. 1092).

SEC. 402. LOWER MISSISSIPPI RIVER RESOURCE ASSESSMENT.

    (a) Assessments.--The Secretary, in cooperation with the Secretary 
of the Interior and the States of Arkansas, Illinois, Kentucky, 
Louisiana, Mississippi, Missouri, and Tennessee, shall undertake for the 
Lower Mississippi River system--
            (1) an assessment of information needed for river-related 
        management;
            (2) an assessment of natural resource habitat needs; and
            (3) an assessment of the need for river-related recreation 
        and access.

    (b) Period.--Each assessment referred to in subsection (a) shall be 
carried out for 2 years.
    (c) Reports.--Before the last day of the second year of an 
assessment under subsection (a), the Secretary, in cooperation with the 
Secretary of the Interior and the States of Arkansas, Illinois, 
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee, shall 
transmit to Congress a report on the results of the assessment to 
Congress. The report shall contain recommendations for--
            (1) the collection, availability, and use of information 
        needed for river-related management;

[[Page 114 STAT. 2634]]

            (2) the planning, construction, and evaluation of potential 
        restoration, protection, and enhancement measures to meet 
        identified habitat needs; and
            (3) potential projects to meet identified river access and 
        recreation needs.

    (d) Lower Mississippi River System Defined.--In this section, the 
term ``Lower Mississippi River system'' means those river reaches and 
adjacent floodplains within the Lower Mississippi River alluvial valley 
having commercial navigation channels on the Mississippi mainstem and 
tributaries south of Cairo, Illinois, and the Atchafalaya basin floodway 
system.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated $1,750,000 to carry out this section.
SEC. 403. <<NOTE: 33 USC 652 note.>> UPPER MISSISSIPPI RIVER BASIN 
                        SEDIMENT AND NUTRIENT STUDY.

    (a) In General.--In conjunction with the Secretary of Agriculture 
and the Secretary of the Interior, the Secretary shall conduct a study 
to--
            (1) identify and evaluate significant sources of sediment 
        and nutrients in the upper Mississippi River basin;
            (2) quantify the processes affecting mobilization, 
        transport, and fate of those sediments and nutrients on land and 
        in water; and
            (3) quantify the transport of those sediments and nutrients 
        to the upper Mississippi River and the tributaries of the upper 
        Mississippi River.

    (b) Study Components.--
            (1) Computer modeling.--In carrying out the study under this 
        section, the Secretary shall develop computer models of the 
        upper Mississippi River basin, at the subwatershed and basin 
        scales, to--
                    (A) identify and quantify sources of sediment and 
                nutrients; and
                    (B) examine the effectiveness of alternative 
                management measures.
            (2) Research.--In carrying out the study under this section, 
        the Secretary shall conduct research to improve the 
        understanding of--
                    (A) fate processes and processes affecting sediment 
                and nutrient transport, with emphasis on nitrogen and 
                phosphorus cycling and dynamics;
                    (B) the influences on sediment and nutrient losses 
                of soil type, slope, climate, vegetation cover, and 
                modifications to the stream drainage network; and
                    (C) river hydrodynamics, in relation to sediment and 
                nutrient transformations, retention, and transport.

    (c) Use of Information.--On request of a Federal agency, the 
Secretary may provide information for use in applying sediment and 
nutrient reduction programs associated with land-use improvements and 
land management practices.
    (d) <<NOTE: Deadlines.>> Reports.--
            (1) Preliminary report.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall transmit to 
        Congress a preliminary report that outlines work being conducted 
        on the study components described in subsection (b).

[[Page 114 STAT. 2635]]

            (2) Final report.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall transmit to Congress 
        a report describing the results of the study under this section, 
        including any findings and recommendations of the study.

    (e) Funding.--
            (1) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out this section $4,000,000 for each of 
        fiscal years 2001 through 2005.
            (2) Federal share.--The Federal share of the cost of 
        carrying out this section shall be 50 percent.

SEC. 404. <<NOTE: 33 USC 652 note.>> UPPER MISSISSIPPI RIVER 
            COMPREHENSIVE PLAN.

    Section 459(e) of the Water Resources Development Act of 1999 (113 
Stat. 333) is amended by striking ``date of enactment of this Act'' and 
inserting ``first date on which funds are appropriated to carry out this 
section''.

SEC. 405. OHIO RIVER SYSTEM.

    The Secretary may conduct a study of commodity flows on the Ohio 
River system. The study shall include an analysis of the commodities 
transported on the Ohio River system, including information on the 
origins and destinations of these commodities and market trends, both 
national and international.

SEC. 406. BALDWIN COUNTY, ALABAMA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out beach erosion control, storm damage reduction, and other 
measures along the shores of Baldwin County, Alabama.

SEC. 407. BRIDGEPORT, ALABAMA.

    The Secretary shall review the construction of a channel performed 
by the non-Federal interest at the project for navigation, Tennessee 
River, Bridgeport, Alabama, to determine the Federal navigation interest 
in such work.

SEC. 408. ARKANSAS RIVER NAVIGATION SYSTEM.

    The Secretary shall expedite completion of the Arkansas River 
navigation study, including the feasibility of increasing the authorized 
channel from 9 feet to 12 feet.

SEC. 409. CACHE CREEK BASIN, CALIFORNIA.

    (a) In General.--The Secretary shall conduct a study to determine 
the feasibility of modifying the project for flood control, Cache Creek 
Basin, California, authorized by section 401(a) of the Water Resources 
Development Act of 1986 (100 Stat. 4112), to authorize construction of 
features to mitigate impacts of the project on the storm drainage system 
of the city of Woodland, California, that have been caused by 
construction of a new south levee of the Cache Creek Settling Basin.
    (b) Required Elements.--The study shall include consideration of--
            (1) an outlet works through the Yolo Bypass capable of 
        receiving up to 1,600 cubic feet per second of storm drainage 
        from the city of Woodland and Yolo County;
            (2) a low-flow cross-channel across the Yolo Bypass, 
        including all appurtenant features, that is sufficient to route 
        storm flows of 1,600 cubic feet per second between the old

[[Page 114 STAT. 2636]]

        and new south levees of the Cache Creek Settling Basin, across 
        the Yolo Bypass, and into the Tule Canal; and
            (3) such other features as the Secretary determines to be 
        appropriate.

SEC. 410. ESTUDILLO CANAL, SAN LEANDRO, CALIFORNIA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for flood damage reduction along the Estudillo 
Canal, San Leandro, California.

SEC. 411. LAGUNA CREEK, FREMONT, CALIFORNIA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for flood damage reduction in the Laguna Creek 
watershed, Fremont, California.

SEC. 412. LAKE MERRITT, OAKLAND, CALIFORNIA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for ecosystem restoration, flood damage 
reduction, and recreation at Lake Merritt, Oakland, California.

SEC. 413. LANCASTER, CALIFORNIA.

    (a) In General.--The Secretary shall evaluate the report of the city 
of Lancaster, California, entitled ``Master Plan of Drainage'', to 
determine whether the plans contained in the report are feasible and in 
the Federal interest, including plans relating to drainage corridors 
located at 52nd Street West, 35th Street West, North Armargosa, and 20th 
Street East.
    (b) Report.--Not <<NOTE: Deadline.>> later than September 30, 2001, 
the Secretary shall transmit to Congress a report on the results of the 
evaluation.

SEC. 414. OCEANSIDE, CALIFORNIA.

    Not <<NOTE: Deadline.>> later than 32 months after the date of 
enactment of this Act, the Secretary shall conduct a study, at Federal 
expense, of plans--
            (1) to mitigate for the erosion and other impacts resulting 
        from the construction of Camp Pendleton Harbor, Oceanside, 
        California, as a wartime measure; and
            (2) to restore beach conditions along the affected public 
        and private shores to the conditions that existed before the 
        construction of Camp Pendleton Harbor.

SEC. 415. SAN JACINTO WATERSHED, CALIFORNIA.

    (a) In General.--The Secretary shall conduct a watershed study for 
the San Jacinto watershed, California.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $250,000.

SEC. 416. SUISUN MARSH, CALIFORNIA.

    The investigation for Suisun Marsh, California, authorized under the 
Energy and Water Development Appropriations Act, 2000 (Public Law 106-
60), shall be limited to evaluating the feasibility of the levee 
enhancement and managed wetlands protection program for Suisun Marsh, 
California.

SEC. 417. DELAWARE RIVER WATERSHED.

    (a) Study.--The Secretary shall conduct studies and assessments to 
analyze the sources and impacts of sediment contamination in the 
Delaware River watershed.

[[Page 114 STAT. 2637]]

    (b) Activities.--Activities authorized under this section may be 
conducted by a university with expertise in research in contaminated 
sediment sciences.
    (c) Authorization of Appropriations.--
            (1) Authorization of appropriations.--There is authorized to 
        be appropriated to the Secretary to carry out this section 
        $5,000,000. Such sums shall remain available until expended.
            (2) Corps of engineers expenses.--10 percent of the amounts 
        appropriated to carry out this section may be used by the Corps 
        of Engineers district offices to administer and implement 
        studies and assessments under this section.

SEC. 418. BREVARD COUNTY, FLORIDA.

    The <<NOTE: Reports.>> Secretary shall prepare a general 
reevaluation report on the project for shoreline protection, Brevard 
County, Florida, authorized by section 101(b)(7) of the Water Resources 
Development Act of 1996 (110 Stat. 3667), to determine, if the project 
were modified to direct the Secretary to incorporate in the project any 
or all of the 7.1-mile reach of the project that was deleted from the 
south reach of the project, as described in paragraph (5) of the Report 
of the Chief of Engineers, dated December 23, 1996, whether the project 
as modified would be technically sound, environmentally acceptable, and 
economically justified.

SEC. 419. CHOCTAWHATCHEE RIVER, FLORIDA.

    The Secretary shall conduct a study to determine the Federal 
interest in dredging the mouth of the Choctawhatchee River, Florida, to 
remove the sand plug.

SEC. 420. EGMONT KEY, FLORIDA.

    The Secretary shall conduct a study to determine the feasibility of 
stabilizing the historic fortifications and beach areas of Egmont Key, 
Florida, that are threatened by erosion.
SEC. 421. UPPER OCKLAWAHA RIVER AND APOPKA/PALATLAKAHA RIVER 
                        BASINS, FLORIDA.

    (a) In General.--The Secretary shall conduct a restudy of flooding 
and water quality issues in--
            (1) the upper Ocklawaha River basin, south of the Silver 
        River; and
            (2) the Apopka River and Palatlakaha River basins.

    (b) Required Elements.--In carrying out subsection (a), the 
Secretary shall review the report of the Chief of Engineers on the Four 
River Basins, Florida, project, published as House Document No. 585, 
87th Congress, and other pertinent reports to determine the feasibility 
of measures relating to comprehensive watershed planning for water 
conservation, flood control, environmental restoration and protection, 
and other issues relating to water resources in the river basins 
described in subsection (a).

SEC. 422. LAKE ALLATOONA WATERSHED, GEORGIA.

    Section 413 of the Water Resources Development Act of 1999 (113 
Stat. 324) is amended to read as follows:

``SEC. 413. LAKE ALLATOONA WATERSHED, GEORGIA.

    ``(a) In General.--The Secretary shall conduct a comprehensive study 
of the Lake Allatoona watershed, Georgia, to determine the

[[Page 114 STAT. 2638]]

feasibility of undertaking ecosystem restoration and resource protection 
measures.
    ``(b) Matters To Be Addressed.--The study shall address streambank 
and shoreline erosion, sedimentation, water quality, fish and wildlife 
habitat degradation, and other problems relating to ecosystem 
restoration and resource protection in the Lake Allatoona watershed.''.

SEC. 423. BOISE RIVER, IDAHO.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for flood damage reduction along the Boise River, 
Idaho.

SEC. 424. WOOD RIVER, IDAHO.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for flood damage reduction along the Wood River 
in Blaine County, Idaho.

SEC. 425. CHICAGO, ILLINOIS.

    (a) In General.--The Secretary shall conduct a study to determine 
the feasibility of carrying out a project for shoreline protection along 
the Chicago River, Chicago, Illinois.
    (b) Sites.--Under subsection (a), the Secretary shall study--
            (1) the USX/Southworks site;
            (2) Calumet Lake and River;
            (3) the Canal Origins Heritage Corridor; and
            (4) Ping Tom Park.

    (c) Use of Information; Consultation.--In carrying out this section, 
the Secretary shall use available information from, and consult with, 
appropriate Federal, State, and local agencies.
SEC. 426. CHICAGO SANITARY AND SHIP CANAL SYSTEM, CHICAGO, 
                        ILLINOIS.

    The Secretary shall conduct a study to determine the feasibility of 
reducing the use of the waters of Lake Michigan to support navigation in 
the Chicago sanitary and ship canal system, Chicago, Illinois.

SEC. 427. LONG LAKE, INDIANA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for ecosystem restoration, Long Lake, Indiana.
SEC. 428. BRUSH AND ROCK CREEKS, MISSION HILLS AND FAIRWAY, 
                        KANSAS.

    The Secretary shall evaluate the preliminary engineering report for 
the project for flood control, Mission Hills and Fairway, Kansas, 
entitled ``Preliminary Engineering Report: Brush Creek/Rock Creek 
Drainage Improvements, 66th Street to State Line Road'', to determine 
whether the plans contained in the report are feasible and in the 
Federal interest.
SEC. 429. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF, AND BLACK, 
                        LOUISIANA.

    The Secretary shall investigate the problems associated with the 
mixture of freshwater, saltwater, and fine river silt in the channel of 
the project for navigation, Atchafalaya River and Bayous Chene, Boeuf, 
and Black, Louisiana, authorized by section 101

[[Page 114 STAT. 2639]]

of the River and Harbor Act of 1968 (82 Stat. 731), and recommend a 
solution to the problems.

SEC. 430. BOEUF AND BLACK, LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
deepening the navigation channel of the Atchafalaya River and Bayous 
Chene, Boeuf and Black, Louisiana, from 20 feet to 35 feet.

SEC. 431. IBERIA PORT, LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for navigation, Iberia Port, Louisiana.

SEC. 432. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.

    Not <<NOTE: Deadline. Reports.>> later than 180 days after the date 
of enactment of this Act, the Secretary shall complete a post-
authorization change report on the project for hurricane-flood 
protection, Lake Pontchartrain, Louisiana, authorized by section 204 of 
the Flood Control Act of 1965 (79 Stat. 1077), to include structural 
modifications to the seawall providing protection along the south shore 
of Lake Pontchartrain from the New Basin Canal on the west to the Inner 
Harbor Navigation Canal on the east.

SEC. 433. LOWER ATCHAFALAYA BASIN, LOUISIANA.

    As part of the Lower Atchafalaya basin reevaluation study, the 
Secretary shall determine the feasibility of carrying out a project for 
flood damage reduction, Stephensville, Louisiana.

SEC. 434. ST. JOHN THE BAPTIST PARISH, LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for flood damage reduction on the east bank of 
the Mississippi River in St. John the Baptist Parish, Louisiana.

SEC. 435. SOUTH LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out projects for hurricane protection in the coastal area of 
the State of Louisiana between Morgan City and the Pearl River.
SEC. 436. PORTSMOUTH HARBOR AND PISCATAQUA RIVER, MAINE AND NEW 
                        HAMPSHIRE.

    The Secretary shall conduct a study to determine the feasibility of 
modifying the project for navigation, Portsmouth Harbor and Piscataqua 
River, Maine and New Hampshire, authorized by section 101 of the River 
and Harbor Act of 1962 (76 Stat. 1173) and modified by section 202(a) of 
the Water Resources Development Act of 1986 (100 Stat. 4095), to 
increase the authorized width of turning basins in the Piscataqua River 
to 1,000 feet.
SEC. 437. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW HAMPSHIRE.

    (a) In General.--The Secretary shall conduct a comprehensive study 
of the water resources needs of the Merrimack River basin, Massachusetts 
and New Hampshire, in the manner described in section 729 of the Water 
Resources Development Act of 1986 (100 Stat. 4164).

[[Page 114 STAT. 2640]]

    (b) Consideration of Other Studies.--In carrying out this section, 
the Secretary may take into consideration any studies conducted by the 
University of New Hampshire on environmental restoration of the 
Merrimack River System.

SEC. 438. WILD RICE RIVER, MINNESOTA.

    The <<NOTE: Reports.>> Secretary shall prepare a general 
reevaluation report on the project for flood control, Wild Rice River, 
Minnesota, authorized by section 201 of the Flood Control Act of 1970 
(84 Stat. 1825). In carrying out the reevaluation, the Secretary shall 
include river dredging as a component of the study.

SEC. 439. PORT OF GULFPORT, MISSISSIPPI.

    The Secretary shall conduct a study to determine the feasibility of 
modifying the project for navigation, Gulfport Harbor, Mississippi, 
authorized by section 202(a) of the Water Resources Development Act of 
1986 (100 Stat. 4094) and modified by section 4(n) of the Water 
Resources Development Act of 1988 (102 Stat. 4017).

SEC. 440. LAS VEGAS VALLEY, NEVADA.

    Section 432(b) of the Water Resources Development Act of 1999 (113 
Stat. 327) is amended by inserting ``recreation,'' after ``runoff),''.

SEC. 441. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.

    In conjunction with the State of New Hampshire, the Secretary shall 
conduct a study to identify and evaluate potential upland disposal sites 
for dredged material originating from harbor areas located within the 
State.

SEC. 442. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEXICO.

    Section 433 of the Water Resources Development Act of 1999 (113 
Stat. 327) is amended--
            (1) by inserting ``(a) In General.--'' before ``The''; and
            (2) by adding at the end the following:

    ``(b) Evaluation of Flood Damage Reduction Measures.--In conducting 
the study, the Secretary shall evaluate flood damage reduction measures 
that would otherwise be excluded from the feasibility analysis based on 
policies of the Corps of Engineers concerning the frequency of flooding, 
the drainage area, and the amount of runoff.''.

SEC. 443. BUFFALO HARBOR, BUFFALO, NEW YORK.

    (a) In General.--The Secretary shall conduct a study to determine 
the advisability and potential impacts of declaring as nonnavigable a 
portion of the channel at Control Point Draw, Buffalo Harbor, Buffalo 
New York.
    (b) Contents.--The study conducted under this section shall include 
an examination of other options to meet intermodal transportation needs 
in the area.

SEC. 444. JAMESVILLE RESERVOIR, ONONDAGA COUNTY, NEW YORK.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for aquatic ecosystem restoration, flood damage 
reduction, and water quality, Jamesville Reservoir, Onondaga County, New 
York.

[[Page 114 STAT. 2641]]

SEC. 445. BOGUE BANKS, CARTERET COUNTY, NORTH CAROLINA.

    The Secretary shall expedite completion of a study under section 145 
of the Water Resources Development Act of 1976 (33 U.S.C. 426j) on the 
expedited renourishment, through sharing of the costs of deposition of 
sand and other material used for beach renourishment, of the beaches of 
Bogue Banks in Carteret County, North Carolina, including Atlantic 
Beach, Pine Knoll Shores Beach, Salter Path Beach, Indian Beach, and 
Emerald Isle Beach.

SEC. 446. DUCK CREEK WATERSHED, OHIO.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out flood control, environmental restoration, and aquatic 
ecosystem restoration measures in the Duck Creek watershed, Ohio.

SEC. 447. FREMONT, OHIO.

    In consultation with appropriate Federal, State, and local agencies, 
the Secretary shall conduct a study to determine the feasibility of 
carrying out projects for water supply and environmental restoration at 
the Ballville Dam on the Sandusky River at Fremont, Ohio.

SEC. 448. STEUBENVILLE, OHIO.

    The Secretary shall conduct a study to determine the feasibility of 
developing a public port along the Ohio River in the vicinity of 
Steubenville, Ohio.

SEC. 449. GRAND LAKE, OKLAHOMA.

    (a) Evaluation.--The Secretary shall--
            (1) evaluate the backwater effects specifically due to flood 
        control operations on land around Grand Lake, Oklahoma; and
            (2) <<NOTE: Deadline. Reports.>> transmit, not later than 
        180 days after the date of enactment of this Act, to Congress a 
        report on whether Federal actions have been a significant cause 
        of the backwater effects.

    (b) Feasibility Study.--
            (1) In general.--The Secretary shall conduct a study to 
        determine the feasibility of--
                    (A) addressing the backwater effects of the 
                operation of the Pensacola Dam, Grand/Neosho River 
                basin, Oklahoma; and
                    (B) purchasing easements for any land that has been 
                adversely affected by backwater flooding in the Grand/
                Neosho River basin.
            (2) Cost sharing.--If the Secretary determines under 
        subsection (a)(2) that Federal actions have been a significant 
        cause of the backwater effects, the Federal share of the costs 
        of the feasibility study under paragraph (1) shall be 100 
        percent.

SEC. 450. COLUMBIA SLOUGH, OREGON.

    Not <<NOTE: Deadline.>> later than 180 days after the date of 
enactment of this Act, the Secretary shall complete under section 1135 
of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) a 
feasibility study for the ecosystem restoration project at Columbia 
Slough, Oregon. If the Secretary determines that the project is 
appropriate, the Secretary may carry out the project on an expedited 
basis under such section.

[[Page 114 STAT. 2642]]

SEC. 451. CLIFF WALK IN NEWPORT, RHODE ISLAND.

    The Secretary shall conduct a study to determine the project 
deficiencies and identify the necessary measures to restore the project 
for Cliff Walk in Newport, Rhode Island, to meet its authorized purpose.

SEC. 452. QUONSET POINT CHANNEL, RHODE ISLAND.

    The Secretary shall conduct a study to determine the Federal 
interest in dredging the Quonset Point navigation channel in 
Narragansett Bay, Rhode Island.

SEC. 453. DREDGED MATERIAL DISPOSAL SITE, RHODE ISLAND.

    In consultation with the Administrator of the Environmental 
Protection Agency, the Secretary shall conduct a study to determine the 
feasibility of designating a permanent site in the State of Rhode Island 
for the disposal of dredged material.

SEC. 454. REEDY RIVER, GREENVILLE, SOUTH CAROLINA.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out a project for aquatic ecosystem restoration, flood damage 
reduction, and streambank stabilization on the Reedy River, Cleveland 
Park West, Greenville, South Carolina.

SEC. 455. CHICKAMAUGA LOCK AND DAM, TENNESSEE.

    (a) In General.--The Secretary shall use $200,000, from funds 
transferred from the Tennessee Valley Authority, to prepare a report of 
the Chief of Engineers for a replacement lock at Chickamauga Lock and 
Dam, Tennessee.
    (b) Funding.--As soon as practicable after the date of enactment of 
this Act, the Tennessee Valley Authority shall transfer to the Secretary 
the funds necessary to carry out subsection (a).

SEC. 456. GERMANTOWN, TENNESSEE.

    (a) In General.--The Secretary shall conduct a study to determine 
the feasibility of carrying out a project for flood control and related 
purposes along Miller Farms Ditch, Howard Road Drainage, and Wolf River 
Lateral D, Germantown, Tennessee.
    (b) Justification Analysis.--The Secretary shall include 
environmental and water quality benefits in the justification analysis 
for the project.
    (c) Credit.--The Secretary--
            (1) shall credit toward the non-Federal share of the cost of 
        the feasibility study the value of the in-kind services provided 
        by the non-Federal interests relating to the planning, 
        engineering, and design of the project, whether carried out 
        before, on, or after the date of execution of the feasibility 
        study cost-sharing agreement; and
            (2) shall consider, for the purposes of paragraph (1), the 
        feasibility study to be conducted as part of the Memphis Metro 
        Tennessee and Mississippi study authorized by resolution of the 
        Committee on Transportation and Infrastructure of the House of 
        Representatives, dated March 7, 1996.

    (d) Limitation.--The Secretary may not reject the project under the 
feasibility study based solely on a minimum amount of stream runoff.

[[Page 114 STAT. 2643]]

SEC. 457. MILWAUKEE, WISCONSIN.

    (a) In General.--The Secretary shall evaluate the report for the 
project for flood damage reduction and environmental restoration, 
Milwaukee, Wisconsin, entitled ``Interim Executive Summary: Menominee 
River Flood Management Plan'', dated September 1999, to determine 
whether the plans contained in the report are cost-effective, 
technically sound, environmentally acceptable, and in the Federal 
interest.
    (b) Report.--Not <<NOTE: Deadline.>> later than September 30, 2001, 
the Secretary shall transmit to Congress a report on the results of the 
evaluation.

                    TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. LAKES PROGRAM.

    Section 602 of the Water Resources Development Act of 1986 (100 
Stat. 4148-4149), as amended in section 210(b) of this Act, is further 
amended--
            (1) in subsection (b) by inserting ``and activity'' after 
        ``project'';
            (2) in subsection (c) by inserting ``and activities under 
        subsection (f)'' before the comma; and
            (3) by adding at the end the following:

    ``(f) Center for Lake Education and Research, Otsego Lake, New 
York.--
            ``(1) In general.--The Secretary shall construct an 
        environmental education and research facility at Otsego Lake, 
        New York. The purpose of the Center shall be to--
                    ``(A) conduct nationwide research on the impacts of 
                water quality and water quantity on lake hydrology and 
                the hydrologic cycle;
                    ``(B) develop technologies and strategies for 
                monitoring and improving water quality in the Nation's 
                lakes; and
                    ``(C) provide public education regarding the 
                biological, economic, recreational, and aesthetic value 
                of the Nation's lakes.
            ``(2) Use of research.--The results of research and 
        education activities carried out at the Center shall be applied 
        to the program under subsection (a) and to other Federal 
        programs, projects, and activities that are intended to improve 
        or otherwise affect lakes.
            ``(3) Biological monitoring station.--A central function of 
        the Center shall be to research, develop, test, and evaluate 
        biological monitoring technologies and techniques for potential 
        use at lakes listed in subsection (a) and throughout the Nation.
            ``(4) Credit.--The non-Federal sponsor shall receive credit 
        for lands, easements, rights-of-way, and relocations toward its 
        share of project costs.
            ``(5) Authorization of appropriations.--In addition to sums 
        authorized by subsection (d), there is authorized to be 
        appropriated to carry out this subsection $3,000,000. Such sums 
        shall remain available until expended.''.

SEC. 502. RESTORATION PROJECTS.

    (a) In General.--Section 539 of the Water Resources Development Act 
of 1996 (110 Stat. 3776-3777) is amended--

[[Page 114 STAT. 2644]]

            (1) in the section heading by striking ``maryland, 
        pennsylvania, and west virginia'';
            (2) by striking ``and'' at the end of subsection (a)(1)(A);
            (3) by striking the period at the end of subsection 
        (a)(1)(B) and inserting a semicolon; and
            (4) by adding at the end of subsection (a)(1) the following:
                    ``(C) the Lackawanna River, Pennsylvania;
                    ``(D) the Soda Butte Creek, Silver Creek, and 
                Elkhorn Mountain drainages, Montana;
                    ``(E) the Pemigewasset River watershed, New 
                Hampshire;
                    ``(F) the Hocking River, Ohio; and
                    ``(G) the Clinch River watershed and Powell River 
                watershed, Virginia.''.

    (b) Authorization of Appropriations.--Section 539(d) of such Act 
(110 Stat. 3776-3777) is amended--
            (1) by striking ``(a)(1)(A) and'' and inserting 
        ``(a)(1)(A),''; and
            (2) by inserting ``, $5,000,000 for projects undertaken 
        under subsection (a)(1)(C), $5,000,000 for projects undertaken 
        under subsection (a)(1)(D), $1,500,000 for projects undertaken 
        under subsection (a)(1)(E), $2,500,000 for projects undertaken 
        under subsection (a)(1)(F), and $5,000,000 for projects 
        undertaken under subsection (a)(1)(G)'' before the period at the 
        end.

SEC. 503. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

    The requirements of section 2361 of title 10, United States Code, 
shall not apply to any contract, cooperative research and development 
agreement, cooperative agreement, or grant entered into under section 
229 of the Water Resources Development Act of 1996 (33 U.S.C. 2313b) 
between the Secretary and Marshall University or entered into under 
section 350 of the Water Resources Development Act of 1999 (113 Stat. 
310) between the Secretary and Juniata College, Pennsylvania.

SEC. 504. EXPORT OF WATER FROM GREAT LAKES.

    (a) Additional Finding.--Section 1109(b) of the Water Resources 
Development Act of 1986 (42 U.S.C. 1962d-20(b)) is amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4); and
            (2) by inserting after paragraph (1) the following:
            ``(2) to encourage the Great Lakes States, in consultation 
        with the Provinces of Ontario and Quebec, to develop and 
        implement a mechanism that provides a common conservation 
        standard embodying the principles of water conservation and 
        resource improvement for making decisions concerning the 
        withdrawal and use of water from the Great Lakes Basin;''.

    (b) Approval of Governors for Export of Water.--Section 1109(d) of 
the Water Resources Development Act of 1986 (42 U.S.C. 1962d-20(d)) is 
amended by--
            (1) inserting ``or exported'' after ``diverted''; and
            (2) inserting ``or export'' after ``diversion''.

    (c) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should work with the Canadian Government to encourage 
and support the Provinces in the development and implementation of a 
mechanism and standard concerning the withdrawal and use of water from 
the Great Lakes Basin consistent

[[Page 114 STAT. 2645]]

with those mechanisms and standards developed by the Great Lakes States.

SEC. 505. GREAT LAKES TRIBUTARY MODEL.

    Section 516 of the Water Resources Development Act of 1996 (33 
U.S.C. 2326b) is amended--
            (1) by adding at the end of subsection (e) the following:
            ``(3) Report.--Not <<NOTE: Deadline.>> later than December 
        31, 2003, the Secretary shall transmit to Congress a report on 
        the Secretary's activities under this subsection.''; and
            (2) in subsection (g)--
                    (A) by striking ``There is authorized'' and 
                inserting the following:
            ``(1) In general.--There is authorized'';
                    (B) by adding at the end the following:
            ``(2) Great <<NOTE: Appropriation authorization.>> lakes 
        tributary model.--In addition to amounts made available under 
        paragraph (1), there is authorized to be appropriated to carry 
        out subsection (e) $5,000,000 for each of fiscal years 2002 
        through 2006.''; and
                    (C) by aligning the remainder of the text of 
                paragraph (1) (as designated by subparagraph (A) of this 
                paragraph) with paragraph (2) (as added by subparagraph 
                (B) of this paragraph).

SEC. 506. <<NOTE: 42 USC 1962d-22.>> GREAT LAKES FISHERY AND ECOSYSTEM 
            RESTORATION.

    (a) Findings.--Congress finds that--
            (1) the Great Lakes comprise a nationally and 
        internationally significant fishery and ecosystem;
            (2) the Great Lakes fishery and ecosystem should be 
        developed and enhanced in a coordinated manner; and
            (3) the Great Lakes fishery and ecosystem provides a 
        diversity of opportunities, experiences, and beneficial uses.

    (b) Definitions.--In this section, the following definitions apply:
            (1) Great lake.--
                    (A) In general.--The term ``Great Lake'' means Lake 
                Superior, Lake Michigan, Lake Huron (including Lake St. 
                Clair), Lake Erie, and Lake Ontario (including the St. 
                Lawrence River to the 45th parallel of latitude).
                    (B) Inclusions.--The term ``Great Lake'' includes 
                any connecting channel, historically connected 
                tributary, and basin of a lake specified in subparagraph 
                (A).
            (2) Great lakes commission.--The term ``Great Lakes 
        Commission'' means the Great Lakes Commission established by the 
        Great Lakes Basin Compact (82 Stat. 414).
            (3) Great lakes fishery commission.--The term ``Great Lakes 
        Fishery Commission'' has the meaning given the term 
        ``Commission'' in section 2 of the Great Lakes Fishery Act of 
        1956 (16 U.S.C. 931).
            (4) Great lakes state.--The term ``Great Lakes State'' means 
        each of the States of Illinois, Indiana, Michigan, Minnesota, 
        Ohio, Pennsylvania, New York, and Wisconsin.

    (c) Great Lakes Fishery and Ecosystem Restoration.--
            (1) Support plan.--
                    (A) In <<NOTE: Deadline.>> general.--Not later than 
                1 year after the date of enactment of this Act, the 
                Secretary shall develop a plan for activities of the 
                Corps of Engineers that support the management of Great 
                Lakes fisheries.

[[Page 114 STAT. 2646]]

                    (B) Use of existing documents.--To the maximum 
                extent practicable, the plan shall make use of and 
                incorporate documents that relate to the Great Lakes and 
                are in existence on the date of enactment of this Act, 
                such as lakewide management plans and remedial action 
                plans.
                    (C) Cooperation.--The Secretary shall develop the 
                plan in cooperation with--
                          (i) the signatories to the Joint Strategic 
                      Plan for Management of the Great Lakes Fisheries; 
                      and
                          (ii) other affected interests.
            (2) Projects.--The Secretary shall plan, design, and 
        construct projects to support the restoration of the fishery, 
        ecosystem, and beneficial uses of the Great Lakes.
            (3) Evaluation program.--
                    (A) In general.--The Secretary shall develop a 
                program to evaluate the success of the projects carried 
                out under paragraph (2) in meeting fishery and ecosystem 
                restoration goals.
                    (B) Studies.--Evaluations under subparagraph (A) 
                shall be conducted in consultation with the Great Lakes 
                Fishery Commission and appropriate Federal, State, and 
                local agencies.

    (d) Cooperative Agreements.--In carrying out this section, the 
Secretary may enter into a cooperative agreement with the Great Lakes 
Commission or any other agency established to facilitate active State 
participation in management of the Great Lakes.
    (e) Relationship to Other Great Lakes Activities.--No activity under 
this section shall affect the date of completion of any other activity 
relating to the Great Lakes that is authorized under other law.
    (f) Cost Sharing.--
            (1) Development of plan.--The Federal share of the cost of 
        development of the plan under subsection (c)(1) shall be 65 
        percent.
            (2) Project planning, design, construction, and 
        evaluation.--The Federal share of the cost of planning, design, 
        construction, and evaluation of a project under paragraph (2) or 
        (3) of subsection (c) shall be 65 percent.
            (3) Non-federal share.--
                    (A) Credit for land, easements, and rights-of-way.--
                The Secretary shall credit the non-Federal interest for 
                the value of any land, easement, right-of-way, dredged 
                material disposal area, or relocation provided for 
                carrying out a project under subsection (c)(2).
                    (B) Form.--The non-Federal interest may provide up 
                to 50 percent of the non-Federal share required under 
                paragraphs (1) and (2) in the form of services, 
                materials, supplies, or other in-kind contributions.
            (4) Operation and maintenance.--The operation, maintenance, 
        repair, rehabilitation, and replacement of projects carried out 
        under this section shall be a non-Federal responsibility.
            (5) Non-federal interests.--Notwithstanding section 221 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
        project carried out under this section, a non-Federal interest 
        may include a private interest and a nonprofit entity.

    (g) Authorization of Appropriations.--

[[Page 114 STAT. 2647]]

            (1) Development of plan.--There is authorized to be 
        appropriated for development of the plan under subsection (c)(1) 
        $300,000.
            (2) Other activities.--There is authorized to be 
        appropriated to carry out paragraphs (2) and (3) of subsection 
        (c) $100,000,000.
SEC. 507. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Critical restoration project.--The term ``critical 
        restoration project'' means a project that will produce, 
        consistent with Federal programs, projects, and activities, 
        immediate and substantial ecosystem restoration, preservation, 
        and protection benefits.
            (2) New england.--The term ``New England'' means all 
        watersheds, estuaries, and related coastal areas in the States 
        of Connecticut, Maine, Massachusetts, New Hampshire, Rhode 
        Island, and Vermont.

    (b) Assessment.--
            (1) In general.--The Secretary, in coordination with 
        appropriate Federal, State, tribal, regional, and local 
        agencies, shall perform an assessment of the condition of water 
        resources and related ecosystems in New England to identify 
        problems and needs for restoring, preserving, and protecting 
        water resources, ecosystems, wildlife, and fisheries.
            (2) Matters to be addressed.--The assessment shall include--
                    (A) development of criteria for identifying and 
                prioritizing the most critical problems and needs; and
                    (B) a framework for development of watershed or 
                regional restoration plans.
            (3) Use of existing information.--In performing the 
        assessment, the Secretary shall, to the maximum extent 
        practicable, use--
                    (A) information that is available on the date of 
                enactment of this Act; and
                    (B) ongoing efforts of all participating agencies.
            (4) Criteria; framework.--
                    (A) In <<NOTE: Deadline. Public 
                information.>> general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                develop and make available for public review and 
                comment--
                          (i) criteria for identifying and prioritizing 
                      critical problems and needs; and
                          (ii) a framework for development of watershed 
                      or regional restoration plans.
                    (B) Use of resources.--In developing the criteria 
                and framework, the Secretary shall make full use of all 
                available Federal, State, tribal, regional, and local 
                resources.
            (5) Report.--Not <<NOTE: Deadline.>> later than October 1, 
        2002, the Secretary shall transmit to Congress a report on the 
        assessment.

    (c) Restoration Plans.--
            (1) In general.--After the report is transmitted under 
        subsection (b)(5), the Secretary, in coordination with 
        appropriate Federal, State, tribal, regional, and local 
        agencies, shall--

[[Page 114 STAT. 2648]]

                    (A) develop a comprehensive plan for restoring, 
                preserving, and protecting the water resources and 
                ecosystem in each watershed and region in New England; 
                and
                    (B) transmit the plan to Congress.
            (2) Contents.--Each restoration plan shall include--
                    (A) a feasibility report; and
                    (B) a programmatic environmental impact statement 
                covering the proposed Federal action.

    (d) Critical Restoration Projects.--
            (1) In general.--After the restoration plans are transmitted 
        under subsection (c)(1)(B), the Secretary, in coordination with 
        appropriate Federal, State, tribal, regional, and local 
        agencies, shall identify critical restoration projects that will 
        produce independent, immediate, and substantial restoration, 
        preservation, and protection benefits.
            (2) Agreements.--The Secretary may carry out a critical 
        restoration project after entering into an agreement with an 
        appropriate non-Federal interest in accordance with section 221 
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this 
        section.
            (3) Project justification.--Notwithstanding section 209 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962-2) or any other 
        provision of law, in carrying out a project under this 
        subsection, the Secretary may determine that the project--
                    (A) is justified by the environmental benefits 
                derived from the ecosystem; and
                    (B) shall not need further economic justification if 
                the Secretary determines that the project is cost 
                effective.
            (4) Time limitation.--No critical restoration project may be 
        initiated under this subsection after September 30, 2005.
            (5) Cost limitation.--Not more than $5,000,000 in Federal 
        funds may be used to carry out a project under this subsection.

    (e) Cost Sharing.--
            (1) Assessment.--
                    (A) In general.--The non-Federal share of the cost 
                of the assessment under subsection (b) shall be 25 
                percent.
                    (B) In-kind contributions.--The non-Federal share 
                may be provided in the form of services, materials, or 
                other in-kind contributions.
            (2) Restoration plans.--
                    (A) In general.--The non-Federal share of the cost 
                of developing the restoration plans under subsection (c) 
                shall be 35 percent.
                    (B) In-kind contributions.--Up to 50 percent of the 
                non-Federal share may be provided in the form of 
                services, materials, or other in-kind contributions.
            (3) Critical restoration projects.--
                    (A) In general.--The non-Federal share of the cost 
                of carrying out a project under subsection (d) shall be 
                35 percent.
                    (B) In-kind contributions.--Up to 50 percent of the 
                non-Federal share may be provided in the form of 
                services, materials, or other in-kind contributions.
                    (C) Required non-federal contribution.--For any 
                critical restoration project, the non-Federal interest 
                shall--
                          (i) provide all land, easements, rights-of-
                      way, dredged material disposal areas, and 
                      relocations;

[[Page 114 STAT. 2649]]

                          (ii) pay all operation, maintenance, 
                      replacement, repair, and rehabilitation costs; and
                          (iii) hold the United States harmless from all 
                      claims arising from the construction, operation, 
                      and maintenance of the project.
                    (D) Credit.--The Secretary shall credit the non-
                Federal interest for the value of the land, easements, 
                rights-of-way, dredged material disposal areas, and 
                relocations provided under subparagraph (C).

    (f) Authorization of Appropriations.--
            (1) Assessment and restoration plans.--There is authorized 
        to be appropriated to carry out subsections (b) and (c) 
        $4,000,000 for each of fiscal years 2001 through 2005.
            (2) Critical restoration projects.--There is authorized to 
        be appropriated to carry out subsection (d) $55,000,000.

SEC. 508. VISITORS CENTERS.

    (a) John Paul Hammerschmidt Visitors Center, Arkansas.--Section 
103(e) of the Water Resources Development Act of 1992 (106 Stat. 4813) 
is amended by striking ``Arkansas River, Arkansas.'' and inserting 
``Fort Smith, Arkansas, on land provided by the city of Fort Smith.''.
    (b) Lower Mississippi River Museum and Riverfront Interpretive Site, 
Mississippi.--Section 103(c)(2) of the Water Resources Development Act 
of 1992 (106 Stat. 4811) is amended in the first sentence by striking 
``in the vicinity of the Mississippi River Bridge in Vicksburg, 
Mississippi.'' and inserting ``between the Mississippi River Bridge and 
the waterfront in downtown Vicksburg, Mississippi.''.

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

    (a) In General.--The Secretary--
            (1) may participate with the appropriate Federal and State 
        agencies in the planning and management activities associated 
        with the CALFED Bay-Delta Program referred to in the California 
        Bay-Delta Environmental Enhancement and Water Security Act 
        (division E of Public Law 104-208; 110 Stat. 3009-748); and
            (2) shall integrate, to the maximum extent practicable and 
        in accordance with applicable law, the activities of the Corps 
        of Engineers in the San Joaquin and Sacramento River basins with 
        the long-term goals of the CALFED Bay-Delta Program.

    (b) Cooperative Activities.--In participating in the CALFED Bay-
Delta Program under subsection (a), the Secretary may--
            (1) accept and expend funds from other Federal agencies and 
        from non-Federal public, private, and nonprofit entities to 
        carry out ecosystem restoration projects and activities 
        associated with the CALFED Bay-Delta Program; and
            (2) in carrying out the projects and activities, enter into 
        contracts, cooperative research and development agreements, and 
        cooperative agreements with Federal and non-Federal private, 
        public, and nonprofit entities.

    (c) Area Covered by Program.--For the purposes of this section, the 
area covered by the CALFED Bay-Delta Program shall be the San Francisco 
Bay/Sacramento-San Joaquin Delta Estuary and its watershed (known as the 
``Bay-Delta Estuary''), as identified in the Framework Agreement Between 
the Governor's Water Policy

[[Page 114 STAT. 2650]]

Council of the State of California and the Federal Ecosystem 
Directorate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for fiscal years 2002 
through 2005.

SEC. 510. SEWARD, ALASKA.

    The Secretary shall carry out, on an emergency one-time basis, 
necessary repairs of the Lowell Creek Tunnel in Seward, Alaska, at 
Federal expense and a total cost of $3,000,000.

SEC. 511. CLEAR LAKE BASIN, CALIFORNIA.

    Amounts made available to the Secretary by the Energy and Water 
Development Appropriations Act, 2000 (113 Stat. 483 et seq.) for the 
project for aquatic ecosystem restoration, Clear Lake basin, California, 
to be carried out under section 206 of the Water Resources Development 
Act of 1996 (33 U.S.C. 2330), may be used only for the wetlands 
restoration and creation elements of the project.
SEC. 512. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN, CALIFORNIA.

    The Secretary shall carry out a project for flood damage reduction 
under section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) at 
the Contra Costa Canal, Oakley and Knightsen, California, if the 
Secretary determines that the project is technically sound, 
environmentally acceptable, and economically justified.

SEC. 513. HUNTINGTON BEACH, CALIFORNIA.

    The Secretary shall carry out under section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s) a project for flood damage reduction in 
Huntington Beach, California, if the Secretary determines that the 
project is technically sound, environmentally acceptable, and 
economically justified.

SEC. 514. MALLARD SLOUGH, PITTSBURG, CALIFORNIA.

    The Secretary shall carry out under section 205 of the Flood Control 
Act of 1948 (33 U.S.C. 701s) a project for flood damage reduction in 
Mallard Slough, Pittsburg, California, if the Secretary determines that 
the project is technically sound, environmentally acceptable, and 
economically justified.

SEC. 515. PORT EVERGLADES, FLORIDA.

    Notwithstanding the absence of a project cooperation agreement, the 
Secretary shall reimburse the non-Federal interest for the project for 
navigation, Port Everglades Harbor, Florida, $15,003,000 for the Federal 
share of costs incurred by the non-Federal interest in carrying out the 
project and determined by the Secretary to be eligible for reimbursement 
under the limited reevaluation report of the Corps of Engineers, dated 
April 1998.

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

    (a) Definitions.--In this section, the following definitions apply:
            (1) Easement prohibition.--The term ``easement prohibition'' 
        means the rights acquired by the United States in the flowage 
        easements to prohibit structures for human habitation.
            (2) Eligible property owner.--The term ``eligible property 
        owner'' means a person that owns a structure for human

[[Page 114 STAT. 2651]]

        habitation that was constructed before January 1, 2000, and is 
        located on fee land or in violation of the flowage easement.
            (3) Fee land.--The term ``fee land'' means the land acquired 
        in fee title by the United States for the Lake.
            (4) Flowage easement.--The term ``flowage easement'' means 
        an interest in land that the United States acquired that 
        provides the right to flood, to the elevation of 1,085 feet 
        above mean sea level (among other rights), land surrounding the 
        Lake.
            (5) Lake.--The term ``Lake'' means the Lake Sidney Lanier, 
        Georgia, project of the Corps of Engineers authorized by the 
        first section of the Rivers and Harbors Act of July 24, 1946 (60 
        Stat. 635).

    (b) Establishment <<NOTE: Deadline. Public notice.>> of Program.--
Not later than 120 days after the date of enactment of this Act, the 
Secretary shall establish, and provide public notice of, a program--
            (1) to convey to eligible property owners the right to 
        maintain existing structures for human habitation on fee land; 
        or
            (2) to release eligible property owners from the easement 
        prohibition as it applies to existing structures for human 
        habitation on the flowage easements (if the floor elevation of 
        the human habitation area is above the elevation of 1,085 feet 
        above mean sea level).

    (c) Regulations.--To carry out subsection (b), the Secretary shall 
issue regulations that--
            (1) require the Corps of Engineers to suspend any activities 
        to require eligible property owners to remove structures for 
        human habitation that encroach on fee land or flowage easements;
            (2) provide that a person that owns a structure for human 
        habitation on land adjacent to the Lake shall have a period of 1 
        year after the date of enactment of this Act--
                    (A) to request that the Corps of Engineers resurvey 
                the property of the person to determine if the person is 
                an eligible property owner under this section; and
                    (B) to pay the costs of the resurvey to the 
                Secretary for deposit in the Corps of Engineers account 
                in accordance with section 2695 of title 10, United 
                States Code;
            (3) provide that when a determination is made, through a 
        private survey or through a boundary line maintenance survey 
        conducted by the Federal Government, that a structure for human 
        habitation is located on the fee land or a flowage easement--
                    (A) the Corps of Engineers shall immediately notify 
                the property owner by certified mail; and
                    (B) the property owner shall have a period of 90 
                days from receipt of the notice in which to establish 
                that the structure was constructed before January 1, 
                2000, and that the property owner is an eligible 
                property owner under this section;
            (4) provide that any private survey shall be subject to 
        review and approval by the Corps of Engineers to ensure that the 
        private survey conforms to the boundary line established by the 
        Federal Government;
            (5) require the Corps of Engineers to offer to an eligible 
        property owner a conveyance or release that--

[[Page 114 STAT. 2652]]

                    (A) on fee land, conveys by quitclaim deed the 
                minimum land required to maintain the human habitation 
                structure, reserving the right to flood to the elevation 
                of 1,085 feet above mean sea level, if applicable;
                    (B) in a flowage easement, releases by quitclaim 
                deed the easement prohibition;
                    (C) provides that--
                          (i) the existing structure shall not be 
                      extended further onto fee land or into the flowage 
                      easement; and
                          (ii) additional structures for human 
                      habitation shall not be placed on fee land or in a 
                      flowage easement; and
                    (D) provides that--
                          (i)(I) the United States shall not be liable 
                      or responsible for damage to property or injury to 
                      persons caused by operation of the Lake; and
                          (II) no claim to compensation shall accrue 
                      from the exercise of the flowage easement rights; 
                      and
                          (ii) the waiver described in clause (i) of any 
                      and all claims against the United States shall be 
                      a covenant running with the land and shall be 
                      binding on heirs, successors, assigns, and 
                      purchasers of the property subject to the waiver; 
                      and
            (6) provide that the eligible property owner shall--
                    (A) <<NOTE: Deadline.>> agree to an offer under 
                paragraph (5) not later than 90 days after the offer is 
                made by the Corps of Engineers; or
                    (B) comply with the real property rights of the 
                United States and remove the structure for human 
                habitation and any other unauthorized real or personal 
                property.

    (d) Option To Purchase Insurance.--Nothing in this section precludes 
a property owner from purchasing flood insurance to which the property 
owner may be eligible.
    (e) Prior Encroachment Resolutions.--Nothing in this section affects 
any resolution, before the date of enactment of this Act, of an 
encroachment at the Lake, whether the resolution was effected through 
sale, exchange, voluntary removal, or alteration or removal through 
litigation.
    (f) Prior Real Property Rights.--Nothing in this section--
            (1) takes away, diminishes, or eliminates any other real 
        property rights acquired by the United States at the Lake; or
            (2) affects the ability of the United States to require the 
        removal of any and all encroachments that are constructed or 
        placed on United States real property or flowage easements at 
        the Lake after December 31, 1999.

SEC. 517. BALLARD'S ISLAND, LA SALLE COUNTY, ILLINOIS.

    The Secretary may provide the non-Federal interest for the project 
for the improvement of the quality of the environment, Ballard's Island, 
La Salle County, Illinois, carried out under section 1135 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2309a), credit toward the 
non-Federal share of the cost of the project for work performed by the 
non-Federal interest after July 1, 1999, if the Secretary determines 
that the work is integral to the project.

[[Page 114 STAT. 2653]]

SEC. 518. LAKE MICHIGAN DIVERSION, ILLINOIS.

    Section 1142(b) of the Water Resources Development Act of 1986 (42 
U.S.C. 1962d-20 note; 100 Stat. 4253; 113 Stat. 339) is amended by 
inserting after ``2003'' the following: ``and $800,000 for each fiscal 
year beginning after September 30, 2003,''.

SEC. 519. ILLINOIS RIVER BASIN RESTORATION.

    (a) Illinois River Basin Defined.--In this section, the term 
``Illinois River basin'' means the Illinois River, Illinois, its 
backwaters, its side channels, and all tributaries, including their 
watersheds, draining into the Illinois River.
    (b) Comprehensive Plan.--
            (1) Development.--The Secretary shall develop, as 
        expeditiously as practicable, a proposed comprehensive plan for 
        the purpose of restoring, preserving, and protecting the 
        Illinois River basin.
            (2) Technologies and innovative approaches.--The 
        comprehensive plan shall provide for the development of new 
        technologies and innovative approaches--
                    (A) to enhance the Illinois River as a vital 
                transportation corridor;
                    (B) to improve water quality within the entire 
                Illinois River basin;
                    (C) to restore, enhance, and preserve habitat for 
                plants and wildlife; and
                    (D) to increase economic opportunity for agriculture 
                and business communities.
            (3) Specific components.--The comprehensive plan shall 
        include such features as are necessary to provide for--
                    (A) the development and implementation of a program 
                for sediment removal technology, sediment 
                characterization, sediment transport, and beneficial 
                uses of sediment;
                    (B) the development and implementation of a program 
                for the planning, conservation, evaluation, and 
                construction of measures for fish and wildlife habitat 
                conservation and rehabilitation, and stabilization and 
                enhancement of land and water resources in the basin;
                    (C) the development and implementation of a long-
                term resource monitoring program; and
                    (D) the development and implementation of a 
                computerized inventory and analysis system.
            (4) Consultation.--The comprehensive plan shall be developed 
        by the Secretary in consultation with appropriate Federal 
        agencies, the State of Illinois, and the Illinois River 
        Coordinating Council.
            (5) Report <<NOTE: Deadline.>> to congress.--Not later than 
        2 years after the date of enactment of this Act, the Secretary 
        shall transmit to Congress a report containing the comprehensive 
        plan.
            (6) Additional studies and analyses.--After transmission of 
        a report under paragraph (5), the Secretary shall continue to 
        conduct such studies and analyses related to the comprehensive 
        plan as are necessary, consistent with this subsection.

    (c) Critical Restoration Projects.--
            (1) In general.--If the Secretary, in cooperation with 
        appropriate Federal agencies and the State of Illinois, 
        determines that a restoration project for the Illinois River 
        basin

[[Page 114 STAT. 2654]]

        will produce independent, immediate, and substantial 
        restoration, preservation, and protection benefits, the 
        Secretary shall proceed expeditiously with the implementation of 
        the project.
            (2) Authorization of appropriations.--There is authorized to 
        be appropriated to carry out projects under this subsection 
        $100,000,000 for fiscal years 2001 through 2004.
            (3) Federal share.--The Federal share of the cost of 
        carrying out any project under this subsection shall not exceed 
        $5,000,000.

    (d) General Provisions.--
            (1) Water quality.--In carrying out projects and activities 
        under this section, the Secretary shall take into account the 
        protection of water quality by considering applicable State 
        water quality standards.
            (2) Public <<NOTE: Procedures.>> participation.--In 
        developing the comprehensive plan under subsection (b) and 
        carrying out projects under subsection (c), the Secretary shall 
        implement procedures to facilitate public participation, 
        including providing advance notice of meetings, providing 
        adequate opportunity for public input and comment, maintaining 
        appropriate records, and making a record of the proceedings of 
        meetings available for public inspection.

    (e) Coordination.--The Secretary shall integrate and coordinate 
projects and activities carried out under this section with ongoing 
Federal and State programs, projects, and activities, including the 
following:
            (1) Upper Mississippi River System-Environmental Management 
        Program authorized under section 1103 of the Water Resources 
        Development Act of 1986 (33 U.S.C. 652).
            (2) Upper Mississippi River Illinois Waterway System Study.
            (3) Kankakee River Basin General Investigation.
            (4) Peoria Riverfront Development General Investigation.
            (5) Illinois River Ecosystem Restoration General 
        Investigation.
            (6) Conservation Reserve Program (and other farm programs of 
        the Department of Agriculture).
            (7) Conservation Reserve Enhancement Program (State) and 
        Conservation 2000 Ecosystem Program of the Illinois Department 
        of Natural Resources.
            (8) Conservation 2000 Conservation Practices Program and the 
        Livestock Management Facilities Act administered by the Illinois 
        Department of Agriculture.
            (9) National Buffer Initiative of the Natural Resources 
        Conservation Service.
            (10) Nonpoint source grant program administered by the 
        Illinois Environmental Protection Agency.

    (f) Justification.--
            (1) In general.--Notwithstanding section 209 of the Flood 
        Control Act of 1970 (42 U.S.C. 1962-2) or any other provision of 
        law, in carrying out activities to restore, preserve, and 
        protect the Illinois River basin under this section, the 
        Secretary may determine that the activities--
                    (A) are justified by the environmental benefits 
                derived by the Illinois River basin; and
                    (B) shall not need further economic justification if 
                the Secretary determines that the activities are cost-
                effective.

[[Page 114 STAT. 2655]]

            (2) Applicability.--Paragraph (1) shall not apply to any 
        separable element intended to produce benefits that are 
        predominantly unrelated to the restoration, preservation, and 
        protection of the Illinois River basin.

    (g) Cost Sharing.--
            (1) In general.--The non-Federal share of the cost of 
        projects and activities carried out under this section shall be 
        35 percent.
            (2) Operation, maintenance, rehabilitation, and 
        replacement.--The operation, maintenance, rehabilitation, and 
        replacement of projects carried out under this section shall be 
        a non-Federal responsibility.
            (3) In-kind services.--The Secretary may credit the value of 
        in-kind services provided by the non-Federal interest for a 
        project or activity carried out under this section toward not 
        more than 80 percent of the non-Federal share of the cost of the 
        project or activity. In-kind services shall include all State 
        funds expended on programs and projects that accomplish the 
        goals of this section, as determined by the Secretary. The 
        programs and projects may include the Illinois River 
        Conservation Reserve Program, the Illinois Conservation 2000 
        Program, the Open Lands Trust Fund, and other appropriate 
        programs carried out in the Illinois River basin.
            (4) Credit.--
                    (A) Value of lands.--If the Secretary determines 
                that lands or interests in land acquired by a non-
                Federal interest, regardless of the date of acquisition, 
                are integral to a project or activity carried out under 
                this section, the Secretary may credit the value of the 
                lands or interests in land toward the non-Federal share 
                of the cost of the project or activity. Such value shall 
                be determined by the Secretary.
                    (B) Work.--If the Secretary determines that any work 
                completed by a non-Federal interest, regardless of the 
                date of completion, is integral to a project or activity 
                carried out under this section, the Secretary may credit 
                the value of the work toward the non-Federal share of 
                the cost of the project or activity. Such value shall be 
                determined by the Secretary.

SEC. 520. KOONTZ LAKE, INDIANA.

    The Secretary shall provide the non-Federal interest for the project 
for aquatic ecosystem restoration, Koontz Lake, Indiana, carried out 
under section 206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330), credit toward the non-Federal share of the cost of the 
project for the value of work performed by the non-Federal interest 
before the date of execution of the project cooperation agreement if the 
Secretary determines that the work is integral to the project.

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

    Not <<NOTE: Deadline.>> later than 1 year after the date of 
enactment of this Act, the Secretary shall carry out an investigation of 
the contamination of the well system in West View Shores, Cecil County, 
Maryland. If the Secretary determines that a disposal site for a Federal 
navigation project has contributed to the contamination of the well 
system, the Secretary may provide alternative water supplies, including 
replacement of wells.

[[Page 114 STAT. 2656]]

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

    The Secretary shall carry out the project for flood damage reduction 
and environmental restoration, Muddy River, Brookline and Boston, 
Massachusetts, substantially in accordance with the plans, and subject 
to the conditions, described in the draft evaluation report of the New 
England District Engineer entitled ``Phase I Muddy River Master Plan'', 
dated June 2000.

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

    The Secretary may not require a cargo vessel equipped with bow 
thrusters and friction winches that is transiting the Soo Locks in Sault 
Ste. Marie, Michigan, to provide more than 2 crew members to serve as 
line handlers on the pier of a lock, except in adverse weather 
conditions or if there is a mechanical failure on the vessel.

SEC. 524. MINNESOTA DAM SAFETY.

    (a) Inventory and Assessment of Other Dams.--
            (1) Inventory.--The Secretary shall establish an inventory 
        of dams constructed in the State of Minnesota by and using funds 
        made available through the Works Progress Administration, the 
        Works Projects Administration, and the Civilian Conservation 
        Corps.
            (2) Assessment of rehabilitation needs.--In establishing the 
        inventory required under paragraph (1), the Secretary shall 
        assess the condition of the dams on the inventory and the need 
        for rehabilitation or modification of the dams.

    (b) Report <<NOTE: Deadline.>> to Congress.--Not later than 2 years 
after the date of enactment of this Act, the Secretary shall transmit to 
Congress a report containing the inventory and assessment required by 
this section.

    (c) Interim Actions.--
            (1) In general.--If the Secretary determines that a dam 
        referred to in subsection (a) presents an imminent and 
        substantial risk to public safety, the Secretary may carry out 
        measures to prevent or mitigate against that risk.
            (2) Federal share.--The Federal share of the cost of 
        assistance provided under this subsection shall be 65 percent.

    (d) Coordination.--In carrying out this section, the Secretary shall 
coordinate with the appropriate State dam safety officials and the 
Director of the Federal Emergency Management Agency.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $7,000,000.
SEC. 525. BRUCE F. VENTO UNIT OF THE BOUNDARY WATERS CANOE AREA 
                        WILDERNESS, MINNESOTA.

    (a) Designation.--The portion of the Boundary Waters Canoe Area 
Wilderness, Minnesota, that is situated north and east of the Gunflint 
Corridor and bounded by the United States border with Canada to the 
north shall be known and designated as the ``Bruce F. Vento Unit of the 
Boundary Waters Canoe Area Wilderness''.
    (b) Legal Reference.--Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the area 
referred to in subsection (a) shall be deemed to be a reference to the 
``Bruce F. Vento Unit of the Boundary Waters Canoe Area Wilderness''.

[[Page 114 STAT. 2657]]

SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE TECHNOLOGY PROJECT.

    (a) Project Authorization.--Section 541(a) of the Water Resources 
Development Act of 1996 (110 Stat. 3777) is amended--
            (1) by striking ``implement'' and inserting ``conduct full 
        scale demonstrations of''; and
            (2) by inserting before the period the following: ``, 
        including technologies evaluated for the New York/New Jersey 
        Harbor under section 405 of the Water Resources Development Act 
        of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863)''.

    (b) Authorization of Appropriations.--Section 541(b) of such Act is 
amended by striking ``$1,000,000'' and inserting ``$3,000,000''.

SEC. 527. MINNEAPOLIS, MINNESOTA.

    (a) In General.--The Secretary, in cooperation with the State of 
Minnesota, shall design and construct the project for environmental 
restoration and recreation, Minneapolis, Minnesota, substantially in 
accordance with the plans described in the report entitled ``Feasibility 
Study for Mississippi Whitewater Park, Minneapolis, Minnesota'', 
prepared for the State of Minnesota Department of Natural Resources, 
dated June 30, 1999.
    (b) Cost Sharing.--
            (1) In general.--The non-Federal share of the cost of the 
        project shall be 35 percent.
            (2) Lands, easements, and rights-of-way.--The non-Federal 
        interest shall provide all lands, easements, rights-of-way, 
        relocations, and dredged material disposal areas necessary for 
        construction of the project and shall receive credit for the 
        cost of providing such lands, easements, rights-of-way, 
        relocations, and dredged material disposal areas toward the non-
        Federal share of the cost of the project.
            (3) Operation, maintenance, repair, rehabilitation, and 
        replacement.--The operation, maintenance, repair, 
        rehabilitation, and replacement of the project shall be a non-
        Federal responsibility.
            (4) Credit for non-federal work.--The non-Federal interest 
        shall receive credit toward the non-Federal share of the cost of 
        the project for work performed by the non-Federal interest 
        before the date of execution of the project cooperation 
        agreement if the Secretary determines that the work is integral 
        to the project.

    (c) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 to carry out this section.

SEC. 528. COASTAL MISSISSIPPI WETLANDS RESTORATION PROJECTS.

    (a) In General.--In order to further the purposes of section 204 of 
the Water Resources Development Act of 1992 (33 U.S.C. 2326) and section 
206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), the 
Secretary shall participate in restoration projects for critical coastal 
wetlands and coastal barrier islands in the State of Mississippi that 
will produce, consistent with existing Federal programs, projects, and 
activities, immediate and substantial restoration, preservation, and 
ecosystem protection benefits, including the beneficial use of dredged 
material if such use is a cost-effective means of disposal of such 
material.
    (b) Project Selection.--The Secretary, in coordination with other 
Federal, tribal, State, and local agencies, may identify and

[[Page 114 STAT. 2658]]

implement projects described in subsection (a) after entering into an 
agreement with an appropriate non-Federal interest in accordance with 
this section.
    (c) Cost <<NOTE: Contracts.>> Sharing.--Before implementing any 
project under this section, the Secretary shall enter into a binding 
agreement with the non-Federal interests. The agreement shall provide 
that the non-Federal responsibility for the project shall be as follows:
            (1) To acquire any lands, easements, rights-of-way, 
        relocations, and dredged material disposal areas necessary for 
        implementation of the project.
            (2) To hold and save harmless the United States free from 
        claims or damages due to implementation of the project, except 
        for the negligence of the Federal Government or its contractors.
            (3) To pay 35 percent of project costs.

    (d) Nonprofit Entity.--For any project undertaken under this 
section, a non-Federal interest may include a nonprofit entity with the 
consent of the affected local government.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000.

SEC. 529. LAS VEGAS, NEVADA.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Committee.--The term ``Committee'' means the Las Vegas 
        Wash Coordinating Committee.
            (2) Plan.--The term ``Plan'' means the Las Vegas Wash 
        comprehensive adaptive management plan, developed by the 
        Committee and dated January 20, 2000.
            (3) Project.--The term ``Project'' means the Las Vegas Wash 
        wetlands restoration and Lake Mead improvement project and 
        includes the programs, features, components, projects, and 
        activities identified in the Plan.

    (b) Participation in Project.--
            (1) In general.--The Secretary, in conjunction with the 
        Administrator of the Environmental Protection Agency, the 
        Secretary of Agriculture, and the Secretary of the Interior and 
        in partnership with the Committee, shall participate in the 
        implementation of the Project at Las Vegas Wash and Lake Mead in 
        accordance with the Plan.
            (2) Cost sharing requirements.--
                    (A) In general.--The non-Federal interests shall pay 
                35 percent of the cost of any project carried out under 
                this section.
                    (B) Operation and maintenance.--The non-Federal 
                interests shall be responsible for all costs associated 
                with operating, maintaining, replacing, repairing, and 
                rehabilitating all projects carried out under this 
                section.
                    (C) Federal lands.--Notwithstanding any other 
                provision of this subsection, the Federal share of the 
                cost of a project carried out under this section on 
                Federal lands shall be 100 percent, including the costs 
                of operation and maintenance.
            (3) Authorization of appropriations.--There is authorized to 
        be appropriated $10,000,000 to carry out this section.

[[Page 114 STAT. 2659]]

SEC. 530. URBANIZED PEAK FLOOD MANAGEMENT RESEARCH, NEW JERSEY.

    (a) In General.--The Secretary shall develop and implement a 
research program to evaluate opportunities to manage peak flood flows in 
urbanized watersheds located in the State of New Jersey.
    (b) Scope of Research.--The research program authorized by 
subsection (a) shall be accomplished through the New York District of 
the Corps of Engineers. The research shall include the following:
            (1) Identification of key factors in the development of an 
        urbanized watershed that affect peak flows in the watershed and 
        downstream.
            (2) Development of peak flow management models for 4 to 6 
        watersheds in urbanized areas with widely differing geology, 
        shapes, and soil types that can be used to determine optimal 
        flow reduction factors for individual watersheds.

    (c) Report <<NOTE: Deadline.>> to Congress.--The Secretary shall 
evaluate policy changes in the planning process for flood damage 
reduction projects based on the results of the research under this 
section and transmit to Congress a report on such results not later than 
3 years after the date of enactment of this Act.

    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $3,000,000.

SEC. 531. NEPPERHAN RIVER, YONKERS, NEW YORK.

    The Secretary shall provide technical assistance to the city of 
Yonkers, New York, in support of activities relating to the dredging of 
the Nepperhan River outlet, New York.

SEC. 532. UPPER MOHAWK RIVER BASIN, NEW YORK.

    (a) In General.--The Secretary, in cooperation with the Secretary of 
Agriculture and the State of New York, shall conduct a study, develop a 
strategy, and implement a project to reduce flood damages and create 
wildlife habitat through wetlands restoration, soil and water 
conservation practices, nonstructural measures, and other appropriate 
means in the Upper Mohawk River Basin, at an estimated Federal cost of 
$10,000,000.
    (b) Implementation of Strategy.--The Secretary shall implement the 
strategy under this section in cooperation with local landowners and 
local government. Projects to implement the strategy shall be designed 
to take advantage of ongoing or planned actions by other agencies, local 
municipalities, or nonprofit, nongovernmental organizations with 
expertise in wetlands restoration that would increase the effectiveness 
or decrease the overall cost of implementing recommended projects and 
may include the acquisition of wetlands, from willing sellers, that 
contribute to the Upper Mohawk River basin ecosystem.
    (c) Cooperation Agreements.--In carrying out activities under this 
section, the Secretary shall enter into cooperation agreements to 
provide financial assistance to appropriate Federal, State, and local 
government agencies and appropriate nonprofit, nongovernmental 
organizations with expertise in wetland restoration, with the consent of 
the affected local government. Financial assistance provided may include 
activities for the implementation of wetlands restoration projects and 
soil and water conservation measures.

[[Page 114 STAT. 2660]]

    (d) Non-Federal Share.--The non-Federal share of the cost of 
activities carried out under this section shall be 35 percent and may be 
provided through in-kind services and materials.
    (e) Upper Mohawk River Basin Defined.--In this section, the term 
``Upper Mohawk River basin'' means the Mohawk River, its tributaries, 
and associated lands upstream of the confluence of the Mohawk River and 
Canajoharie Creek, and including Canajoharie Creek, New York.

SEC. 533. <<NOTE: North Carolina. Ohio.>> FLOOD DAMAGE REDUCTION.

    (a) In General.--In order to assist the States of North Carolina and 
Ohio and local governments in mitigating damages resulting from a major 
disaster, the Secretary shall carry out flood damage reduction projects 
by protecting, clearing, and restoring channel dimensions (including 
removing accumulated snags and other debris)--
            (1) in eastern North Carolina, in--
                    (A) New River and tributaries;
                    (B) White Oak River and tributaries;
                    (C) Neuse River and tributaries; and
                    (D) Pamlico River and tributaries; and
            (2) in Ohio, in--
                    (A) Symmes Creek;
                    (B) Duck Creek; and
                    (C) Brush Creek.

    (b) Cost Share.--The non-Federal interest for a project under this 
section shall--
            (1) pay 35 percent of the cost of the project; and
            (2) provide any lands, easements, rights-of-way, 
        relocations, and material disposal areas necessary for 
        implementation of the project.

    (c) Conditions.--The Secretary may not reject a project based solely 
on a minimum amount of stream runoff.
    (d) Major Disaster Defined.--In this section, the term ``major 
disaster'' means a major disaster declared under title IV of the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 
et seq.) before the date of enactment of this Act.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $6,000,000 for fiscal years 2001 
through 2003.

SEC. 534. CUYAHOGA RIVER, OHIO.

    (a) In General.--The Secretary shall provide technical assistance to 
non-Federal interests for an evaluation of the structural integrity of 
the bulkhead system located along the Cuyahoga River in the vicinity of 
Cleveland, Ohio, at a total cost of $500,000.
    (b) Evaluation.--The evaluation described in subsection (a) shall 
include design analysis, plans and specifications, and cost estimates 
for repair or replacement of the bulkhead system.

SEC. 535. <<NOTE: Contracts.>> CROWDER POINT, CROWDER, OKLAHOMA.

    At the request of the city of Crowder, Oklahoma, the Secretary shall 
enter into a long-term lease, not to exceed 99 years, with the city 
under which the city may develop, operate, and maintain as a public park 
all or a portion of approximately 260 acres of land known as Crowder 
Point on Lake Eufaula, Oklahoma. The lease shall include such terms and 
conditions as the Secretary determines are necessary to protect the 
interest of the United

[[Page 114 STAT. 2661]]

States and project purposes and shall be made without consideration to 
the United States.
SEC. 536. LOWER COLUMBIA RIVER AND TILLAMOOK BAY ECOSYSTEM 
                        RESTORATION, OREGON AND WASHINGTON.

    (a) In General.--The Secretary shall conduct studies and ecosystem 
restoration projects for the lower Columbia River and Tillamook Bay 
estuaries, Oregon and Washington.
    (b) Use of Management Plans.--
            (1) Lower columbia river estuary.--
                    (A) In general.--In carrying out ecosystem 
                restoration projects under this section, the Secretary 
                shall use as a guide the Lower Columbia River estuary 
                program's comprehensive conservation and management plan 
                developed under section 320 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1330).
                    (B) Consultation.--The Secretary shall carry out 
                ecosystem restoration projects under this section for 
                the lower Columbia River estuary in consultation with 
                the Governors of the States of Oregon and Washington and 
                the heads of appropriate Indian tribes, the 
                Environmental Protection Agency, the United States Fish 
                and Wildlife Service, the National Marine Fisheries 
                Service, and the Forest Service.
            (2) Tillamook bay estuary.--
                    (A) In general.--In carrying out ecosystem 
                restoration projects under this section, the Secretary 
                shall use as a guide the Tillamook Bay national estuary 
                project's comprehensive conservation and management plan 
                developed under section 320 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1330).
                    (B) Consultation.--The Secretary shall carry out 
                ecosystem restoration projects under this section for 
                the Tillamook Bay estuary in consultation with the 
                Governor of the State of Oregon and the heads of 
                appropriate Indian tribes, the Environmental Protection 
                Agency, the United States Fish and Wildlife Service, the 
                National Marine Fisheries Service, and the Forest 
                Service.

    (c) Authorized Activities.--
            (1) In general.--In carrying out ecosystem restoration 
        projects under this section, the Secretary shall undertake 
        activities necessary to protect, monitor, and restore fish and 
        wildlife habitat.
            (2) Limitations.--The Secretary may not carry out any 
        activity under this section that adversely affects--
                    (A) the water-related needs of the lower Columbia 
                River estuary or the Tillamook Bay estuary, including 
                navigation, recreation, and water supply needs; or
                    (B) private property rights.

    (d) Priority.--In determining the priority of projects to be carried 
out under this section, the Secretary shall consult with the 
Implementation Committee of the Lower Columbia River Estuary Program and 
the Performance Partnership Council of the Tillamook Bay National 
Estuary Project, and shall consider the recommendations of such 
entities.
    (e) Cost-Sharing Requirements.--

[[Page 114 STAT. 2662]]

            (1) Studies.--Studies conducted under this section shall be 
        subject to cost sharing in accordance with section 105 of the 
        Water Resources Development Act of 1986 (33 U.S.C. 2215).
            (2) Ecosystem restoration projects.--
                    (A) In general.--Non-Federal interests shall pay 35 
                percent of the cost of any ecosystem restoration project 
                carried out under this section.
                    (B) Items provided by non-federal interests.--Non-
                Federal interests shall provide all land, easements, 
                rights-of-way, dredged material disposal areas, and 
                relocations necessary for ecosystem restoration projects 
                to be carried out under this section. The value of such 
                land, easements, rights-of-way, dredged material 
                disposal areas, and relocations shall be credited toward 
                the payment required under this paragraph.
                    (C) In-kind contributions.--Not more than 50 percent 
                of the non-Federal share required under this subsection 
                may be satisfied by the provision of in-kind services.
            (3) Operation and maintenance.--Non-Federal interests shall 
        be responsible for all costs associated with operating, 
        maintaining, replacing, repairing, and rehabilitating all 
        projects carried out under this section.
            (4) Federal lands.--Notwithstanding any other provision of 
        this subsection, the Federal share of the cost of a project 
        carried out under this section on Federal lands shall be 100 
        percent, including costs of operation and maintenance.

    (f) Definitions.--In this section, the following definitions apply:
            (1) Lower columbia river estuary.--The term ``lower Columbia 
        River estuary'' means those river reaches having navigation 
        channels on the mainstem of the Columbia River in Oregon and 
        Washington west of Bonneville Dam, and the tributaries of such 
        reaches to the extent such tributaries are tidally influenced.
            (2) Tillamook bay estuary.--The term ``Tillamook Bay 
        estuary'' means those waters of Tillamook Bay in Oregon and its 
        tributaries that are tidally influenced.

    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $30,000,000.

SEC. 537. ACCESS IMPROVEMENTS, RAYSTOWN LAKE, PENNSYLVANIA.

    The Commonwealth of Pennsylvania may transfer any unobligated funds 
made available to the Commonwealth for item number 1278 of the table 
contained in section 1602 of Public Law 105-178 (112 Stat. 305) to the 
Secretary for access improvements at the Raystown Lake project, 
Pennsylvania.
SEC. 538. UPPER SUSQUEHANNA RIVER BASIN, PENNSYLVANIA AND NEW 
                        YORK.

    Section 567 of the Water Resources Development Act of 1996 (110 
Stat. 3787-3788) is amended--
            (1) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) The Susquehanna River watershed upstream of the 
        Chemung River, New York, at an estimated Federal cost of 
        $10,000,000.''; and
            (2) by striking subsections (c) and (d) and inserting the 
        following:

    ``(c) Cooperation Agreements.--In conducting the study and 
developing the strategy under this section, the Secretary shall enter

[[Page 114 STAT. 2663]]

into cooperation agreements to provide financial assistance to 
appropriate Federal, State, and local government agencies and 
appropriate nonprofit, nongovernmental organizations with expertise in 
wetland restoration, with the consent of the affected local government. 
Financial assistance provided may include activities for the 
implementation of wetlands restoration projects and soil and water 
conservation measures.
    ``(d) Implementation of Strategy.--The Secretary shall undertake 
development and implementation of the strategy under this section in 
cooperation with local landowners and local government officials. 
Projects to implement the strategy shall be designed to take advantage 
of ongoing or planned actions by other agencies, local municipalities, 
or nonprofit, nongovernmental organizations with expertise in wetlands 
restoration that would increase the effectiveness or decrease the 
overall cost of implementing recommended projects and may include the 
acquisition of wetlands, from willing sellers, that contribute to the 
Upper Susquehanna River basin ecosystem.''.

SEC. 539. CHARLESTON HARBOR, SOUTH CAROLINA.

    (a) Estuary Restoration.--
            (1) Support plan.--
                    (A) In <<NOTE: Deadline.>> general.--Not later than 
                1 year after the date of enactment of this Act, the 
                Secretary shall develop a plan for activities of the 
                Corps of Engineers to support the restoration of the 
                ecosystem of the Charleston Harbor estuary, South 
                Carolina.
                    (B) Cooperation.--The Secretary shall develop the 
                plan in cooperation with--
                          (i) the State of South Carolina; and
                          (ii) other affected Federal and non-Federal 
                      interests.
            (2) Projects.--The Secretary shall plan, design, and 
        construct projects to support the restoration of the ecosystem 
        of the Charleston Harbor estuary.
            (3) Evaluation program.--
                    (A) In general.--The Secretary shall develop a 
                program to evaluate the success of the projects carried 
                out under paragraph (2) in meeting ecosystem restoration 
                goals.
                    (B) Studies.--Evaluations under subparagraph (A) 
                shall be conducted in consultation with the appropriate 
                Federal, State, and local agencies.

    (b) Cost Sharing.--
            (1) Development of plan.--The Federal share of the cost of 
        development of the plan under subsection (a)(1) shall be 65 
        percent.
            (2) Project planning, design, construction, and 
        evaluation.--The Federal share of the cost of planning, design, 
        construction, and evaluation of a project under paragraphs (2) 
        and (3) of subsection (a) shall be 65 percent.
            (3) Non-federal share.--
                    (A) Credit for land, easements, and rights-of-way.--
                The Secretary shall credit the non-Federal interest for 
                the value of any land, easement, right-of-way, dredged 
                material disposal area, or relocation provided for 
                carrying out a project under subsection (a)(2).

[[Page 114 STAT. 2664]]

                    (B) Form.--The non-Federal interest may provide up 
                to 50 percent of the non-Federal share in the form of 
                services, materials, supplies, or other in-kind 
                contributions.
            (4) Operation and maintenance.--The operation, maintenance, 
        repair, rehabilitation, and replacement of projects carried out 
        under this section shall be a non-Federal responsibility.
            (5) Non-federal interests.--Notwithstanding section 221 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
        project carried out under this section, a non-Federal interest 
        may include a private interest and a nonprofit entity.

    (c) Authorization of Appropriations.--
            (1) Development of plan.--There is authorized to be 
        appropriated to carry out subsection (a)(1) $300,000.
            (2) Other activities.--There is authorized to be 
        appropriated to carry out paragraphs (2) and (3) of subsection 
        (a) $5,000,000 for each of fiscal years 2001 through 2004.
SEC. 540. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
                        SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT 
                        RESTORATION.

    (a) Terrestrial Wildlife Habitat Restoration.--Section 602 of the 
Water Resources Development Act of 1999 (113 Stat. 385-388) is amended--
            (1) in subsection (a)(4)(C)(i) by striking subclause (I) and 
        inserting the following:
                                    ``(I) fund, from funds made 
                                available for operation and maintenance 
                                under the Pick-Sloan Missouri River 
                                Basin program and through grants to the 
                                State of South Dakota, the Cheyenne 
                                River Sioux Tribe, and the Lower Brule 
                                Sioux Tribe--
                                            ``(aa) the terrestrial 
                                        wildlife habitat restoration 
                                        programs being carried out as of 
                                        August 17, 1999, on Oahe and Big 
                                        Bend project land at a level 
                                        that does not exceed the 
                                        greatest amount of funding that 
                                        was provided for the programs 
                                        during a previous fiscal year; 
                                        and
                                            ``(bb) the carrying out of 
                                        plans developed under this 
                                        section; and''; and
            (2) in subsection (b)(4)(B) by striking ``section 
        604(d)(3)(A)(iii)'' and inserting ``section 604(d)(3)(A)''.

    (b) South Dakota Terrestrial Wildlife Habitat Restoration Trust 
Fund.--Section 603 of the Water Resources Development Act of 1999 (113 
Stat. 388-389) is amended--
            (1) in subsection (c)(2) by striking ``The'' and inserting 
        ``In consultation with the State of South Dakota, the''; and
            (2) in subsection (d)--
                    (A) in paragraph (2) by inserting ``Department of 
                Game, Fish and Parks of the'' before ``State of''; and
                    (B) in paragraph (3)(A)(ii)--
                          (i) in subclause (I) by striking 
                      ``transferred'' and inserting ``transferred or to 
                      be transferred''; and
                          (ii) by striking subclause (II) and inserting 
                      the following:
                                    ``(II) fund all costs associated 
                                with the lease, ownership, management, 
                                operation, administration, maintenance, 
                                or development of recreation

[[Page 114 STAT. 2665]]

                                areas and other land that are 
                                transferred or to be transferred to the 
                                State of South Dakota by the 
                                Secretary;''.

    (c) Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe 
Terrestrial Wildlife Habitat Restoration Trust Funds.--Section 604 of 
the Water Resources Development Act of 1999 (113 Stat. 389-390) is 
amended--
            (1) in subsection (c)(2) by striking ``The'' and inserting 
        ``In consultation with the Cheyenne River Sioux Tribe and Lower 
        Brule Sioux Tribe, the''; and
            (2) in subsection (d)--
                    (A) in paragraph (2) by inserting ``as tribal 
                funds'' after ``for use''; and
                    (B) in paragraph (3)(A)(ii)--
                          (i) in subclause (I) by striking 
                      ``transferred'' and inserting ``transferred or to 
                      be transferred''; and
                          (ii) by striking subclause (II) and inserting 
                      the following:
                                    ``(II) fund all costs associated 
                                with the lease, ownership, management, 
                                operation, administration, maintenance, 
                                or development of recreation areas and 
                                other land that are transferred or to be 
                                transferred to the respective affected 
                                Indian Tribe by the Secretary;''.

    (d) Transfer of Federal Land to State of South Dakota.--Section 605 
of the Water Resources Development Act of 1999 (113 Stat. 390-393) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in subparagraph (B) by striking ``in 
                perpetuity'' and inserting ``for the life of the Mni 
                Wiconi project'';
                    (B) by redesignating subparagraph (B) as 
                subparagraph (C); and
                    (C) by inserting after subparagraph (A) the 
                following:
                    ``(B) Deadline for transfer of recreation areas.--
                Under subparagraph (A), the Secretary shall transfer 
                recreation areas not later than January 1, 2002.'';
            (2) in subsection (c)--
                    (A) by redesignating paragraph (1) as paragraph 
                (1)(A);
                    (B) by redesignating paragraphs (2) through (4) as 
                subparagraphs (B) through (D), respectively, of 
                paragraph (1);
                    (C) in paragraph (1)--
                          (i) in subparagraph (C) (as redesignated by 
                      subparagraph (B) of this paragraph) by inserting 
                      ``and'' after the semicolon; and
                          (ii) in subparagraph (D) (as redesignated by 
                      subparagraph (B) of this paragraph) by striking 
                      ``and'' and inserting ``or''; and
                    (D) by redesignating paragraph (5) as paragraph (2);
            (3) in subsection (d) by striking paragraph (2) and 
        inserting the following:
            ``(2) Structures.--
                    ``(A) In general.--The map shall identify all land 
                and structures to be retained as necessary for 
                continuation of the operation, maintenance, repair, 
                replacement, rehabilitation, and structural integrity of 
                the dams and related flood control and hydropower 
                structures.

[[Page 114 STAT. 2666]]

                    ``(B) Lease of recreation areas.--
                          ``(i) In general.--The Secretary shall lease 
                      to the State of South Dakota in perpetuity all or 
                      part of the following recreation areas, within the 
                      boundaries determined under clause (ii), that are 
                      adjacent to land received by the State of South 
                      Dakota under this title:
                                    ``(I) Oahe dam and lake.--
                                            ``(aa) Downstream Recreation 
                                        Area.
                                            ``(bb) West Shore Recreation 
                                        Area.
                                            ``(cc) East Shore Recreation 
                                        Area.
                                            ``(dd) Tailrace Recreation 
                                        Area.
                                    ``(II) Fort randall dam and lake 
                                francis case.--
                                            ``(aa) Randall Creek 
                                        Recreation Area.
                                            ``(bb) South Shore 
                                        Recreation Area.
                                            ``(cc) Spillway Recreation 
                                        Area.
                                    ``(III) Gavins point dam and lewis 
                                and clark lake.--Pierson Ranch 
                                Recreation Area.
                          ``(ii) Lease boundaries.--The Secretary shall 
                      determine the boundaries of the recreation areas 
                      in consultation with the State of South Dakota.'';
            (4) in subsection (f)(1) by striking ``Federal law'' and 
        inserting ``a Federal law specified in section 607(a)(6) or any 
        other Federal law'';
            (5) in subsection (g) by striking paragraph (3) and 
        inserting the following:
            ``(3) Easements and access.--
                    ``(A) In <<NOTE: Deadline.>> general.--Not later 
                than 180 days after a request by the State of South 
                Dakota, the Secretary shall provide to the State of 
                South Dakota easements and access on land and water 
                below the level of the exclusive flood pool outside 
                Indian reservations in the State of South Dakota for 
                recreational and other purposes (including for boat 
                docks, boat ramps, and related structures).
                    ``(B) No effect on mission.--The easements and 
                access referred to in subparagraph (A) shall not prevent 
                the Corps from carrying out its mission under the Act 
                entitled `An Act authorizing the construction of certain 
                public works on rivers and harbors for flood control, 
                and for other purposes', approved December 22, 1944 (58 
                Stat. 887).'';
            (6) in subsection (h) by striking ``of this Act'' and 
        inserting ``of law''; and
            (7) by adding at the end the following:

    ``(j) Cleanup of Land and Recreation Areas.--
            ``(1) In <<NOTE: Deadline.>> general.--Not later than 10 
        years after the date of enactment of this subsection, the 
        Secretary shall clean up each open dump and hazardous waste site 
        identified by the Secretary and located on the land and 
        recreation areas described in subsections (b) and (c).
            ``(2) Funding.--Cleanup activities under paragraph (1) shall 
        be funded solely from funds made available for operation and 
        maintenance under the Pick-Sloan Missouri River Basin program.

    ``(k) Cultural Resources Advisory Commission.--
            ``(1) In general.--The State of South Dakota, the Cheyenne 
        River Sioux Tribe, and the Lower Brule Sioux Tribe

[[Page 114 STAT. 2667]]

        may establish an advisory commission to be known as the 
        `Cultural Resources Advisory Commission' (referred to in this 
        subsection as the `Commission').
            ``(2) Membership.--The Commission shall be composed of--
                    ``(A) 1 member representing the State of South 
                Dakota;
                    ``(B) 1 member representing the Cheyenne River Sioux 
                Tribe;
                    ``(C) 1 member representing the Lower Brule Sioux 
                Tribe; and
                    ``(D) upon unanimous vote of the members of the 
                Commission described in subparagraphs (A) through (C), a 
                member representing a federally recognized Indian Tribe 
                located in the State of North Dakota or South Dakota 
                that is historically or traditionally affiliated with 
                the Missouri River basin in South Dakota.
            ``(3) Duty.--The duty of the Commission shall be to provide 
        advice on the identification, protection, and preservation of 
        cultural resources on the land and recreation areas described in 
        subsections (b) and (c) of this section and subsections (b) and 
        (c) of section 606.
            ``(4) Responsibilities, <<NOTE: Deadline.>> powers, and 
        administration.--The Governor of the State of South Dakota, the 
        Chairman of the Cheyenne River Sioux Tribe, and the Chairman of 
        the Lower Brule Sioux Tribe are encouraged to unanimously enter 
        into a formal written agreement, not later than 1 year after the 
        date of enactment of this subsection, to establish the role, 
        responsibilities, powers, and administration of the Commission.

    ``(l) Inventory and Stabilization of Cultural and Historic Sites.--
            ``(1) In <<NOTE: Deadline. Contracts.>> general.--Not later 
        than 10 years after the date of enactment of this subsection, 
        the Secretary, through contracts entered into with the State of 
        South Dakota, the affected Indian Tribes, and other Indian 
        Tribes in the States of North Dakota and South Dakota, shall 
        inventory and stabilize each cultural site and historic site 
        located on the land and recreation areas described in 
        subsections (b) and (c).
            ``(2) Funding.--Inventory and stabilization activities under 
        paragraph (1) shall be funded solely from funds made available 
        for operation and maintenance under the Pick-Sloan Missouri 
        River Basin program.''.

    (e) Transfer of Corps of Engineers Land for Affected Indian 
Tribes.--Section 606 of the Water Resources Development Act of 1999 (113 
Stat. 393-395) is amended--
            (1) in subsection (a)(1) by striking ``The Secretary'' and 
        inserting ``Not later than January 1, 2002, the Secretary'';
            (2) in subsection (b)(1) by striking ``Big Bend and Oahe'' 
        and inserting ``Oahe, Big Bend, and Fort Randall'';
            (3) in subsection (d) by striking paragraph (2) and 
        inserting the following:
            ``(2) Structures.--
                    ``(A) In general.--The map shall identify all land 
                and structures to be retained as necessary for 
                continuation of the operation, maintenance, repair, 
                replacement, rehabilitation, and structural integrity of 
                the dams and related flood control and hydropower 
                structures.
                    ``(B) Lease of recreation areas.--

[[Page 114 STAT. 2668]]

                          ``(i) In general.--The Secretary shall lease 
                      to the Lower Brule Sioux Tribe in perpetuity all 
                      or part of the following recreation areas at Big 
                      Bend Dam and Lake Sharpe:
                                    ``(I) Left Tailrace Recreation Area.
                                    ``(II) Right Tailrace Recreation 
                                Area.
                                    ``(III) Good Soldier Creek 
                                Recreation Area.
                          ``(ii) Lease boundaries.--The Secretary shall 
                      determine the boundaries of the recreation areas 
                      in consultation with the Lower Brule Sioux 
                      Tribe.'';
            (4) in subsection (f)--
                    (A) in paragraph (1) by striking ``Federal law'' and 
                inserting ``a Federal law specified in section 607(a)(6) 
                or any other Federal law'';
                    (B) in paragraph (2) by striking subparagraph (C) 
                and inserting the following:
                    ``(C) Easements and access.--
                          ``(i) In <<NOTE: Deadline.>> general.--Not 
                      later than 180 days after a request by an affected 
                      Indian Tribe, the Secretary shall provide to the 
                      affected Indian Tribe easements and access on land 
                      and water below the level of the exclusive flood 
                      pool inside the Indian reservation of the affected 
                      Indian Tribe for recreational and other purposes 
                      (including for boat docks, boat ramps, and related 
                      structures).
                          ``(ii) No effect on mission.--The easements 
                      and access referred to in clause (i) shall not 
                      prevent the Corps of Engineers from carrying out 
                      its mission under the Act entitled `An Act 
                      authorizing the construction of certain public 
                      works on rivers and harbors for flood control, and 
                      for other purposes', approved December 22, 1944 
                      (58 Stat. 887).''; and
                    (C) in paragraph (3)(B) by inserting before the 
                period at the end the following: ``that were 
                administered by the Corps of Engineers as of the date of 
                the land transfer.''; and
            (5) by adding at the end the following:

    ``(h) Cleanup of Land and Recreation Areas.--
            ``(1) In <<NOTE: Deadline.>> general.--Not later than 10 
        years after the date of enactment of this subsection, the 
        Secretary shall clean up each open dump and hazardous waste site 
        identified by the Secretary and located on the land and 
        recreation areas described in subsections (b) and (c).
            ``(2) Funding.--Cleanup activities under paragraph (1) shall 
        be funded solely from funds made available for operation and 
        maintenance under the Pick-Sloan Missouri River Basin program.

    ``(i) Inventory and Stabilization of Cultural and Historic Sites.--
            ``(1) In <<NOTE: Deadline. Contracts.>> general.--Not later 
        than 10 years after the date of enactment of this subsection, 
        the Secretary, in consultation with the Cultural Resources 
        Advisory Commission established under section 605(k) and through 
        contracts entered into with the State of South Dakota, the 
        affected Indian Tribes, and other Indian Tribes in the States of 
        North Dakota and South Dakota, shall inventory and stabilize 
        each cultural site and

[[Page 114 STAT. 2669]]

        historic site located on the land and recreation areas described 
        in subsections (b) and (c).
            ``(2) Funding.--Inventory and stabilization activities under 
        paragraph (1) shall be funded solely from funds made available 
        for operation and maintenance under the Pick-Sloan Missouri 
        River Basin program.

    ``(j) Sediment Contamination.--
            ``(1) In <<NOTE: Deadline.>> general.--Not later than 10 
        years after the date of enactment of this subsection, the 
        Secretary shall--
                    ``(A) complete a study of sediment contamination in 
                the Cheyenne River; and
                    ``(B) take appropriate remedial action to eliminate 
                any public health and environmental risk posed by the 
                contaminated sediment.
            ``(2) Authorization of appropriations.--There are authorized 
        to be appropriated such sums as are necessary to carry out 
        paragraph (1).''.

    (f) Budget Considerations.--Section 607 of the Water Resources 
Development Act of 1999 (113 Stat. 395-396) is amended by adding at the 
end the following:
    ``(d) Budget Considerations.--
            ``(1) In general.--In developing an annual budget to carry 
        out this title, the Corps of Engineers shall consult with the 
        State of South Dakota and the affected Indian Tribes.
            ``(2) Inclusions; availability.--The budget referred to in 
        paragraph (1) shall--
                    ``(A) be detailed;
                    ``(B) include all necessary tasks and associated 
                costs; and
                    ``(C) be made available to the State of South Dakota 
                and the affected Indian Tribes at the time at which the 
                Corps of Engineers submits the budget to Congress.''.

    (g) Authorization of Appropriations.--Section 609 of the Water 
Resources Development Act of 1999 (113 Stat. 396-397) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Secretary.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary for each fiscal year such sums as are 
        necessary--
                    ``(A) to pay the administrative expenses incurred by 
                the Secretary in carrying out this title;
                    ``(B) to fund the implementation of terrestrial 
                wildlife habitat restoration plans under section 602(a);
                    ``(C) to fund activities described in sections 
                603(d)(3) and 604(d)(3) with respect to land and 
                recreation areas transferred or to be transferred to an 
                affected Indian Tribe or the State of South Dakota under 
                section 605 or 606; and
                    ``(D) to fund the annual expenses (not to exceed the 
                Federal cost as of August 17, 1999) of operating 
                recreation areas transferred or to be transferred under 
                sections 605(c) and 606(c) to, or leased by, the State 
                of South Dakota or an affected Indian Tribe, until such 
                time as the trust funds under sections 603 and 604 are 
                fully capitalized.
            ``(2) Allocations.--

[[Page 114 STAT. 2670]]

                    ``(A) In general.--For each fiscal year, the 
                Secretary shall allocate the amounts made available 
                under subparagraphs (B), (C), and (D) of paragraph (1) 
                as follows:
                          ``(i) $1,000,000 (or, if a lesser amount is so 
                      made available for the fiscal year, the lesser 
                      amount) shall be allocated equally among the State 
                      of South Dakota, the Cheyenne River Sioux Tribe, 
                      and the Lower Brule Sioux Tribe, for use in 
                      accordance with paragraph (1).
                          ``(ii) Any amounts remaining after the 
                      allocation under clause (i) shall be allocated as 
                      follows:
                                    ``(I) 65 percent to the State of 
                                South Dakota.
                                    ``(II) 26 percent to the Cheyenne 
                                River Sioux Tribe.
                                    ``(III) 9 percent to the Lower Brule 
                                Sioux Tribe.
                    ``(B) Use of allocations.--Amounts allocated under 
                subparagraph (A) may be used at the option of the 
                recipient for any purpose described in subparagraph (B), 
                (C), or (D) of paragraph (1).''.

    (h) Clarification of References to Indian Tribes.--
            (1) Definitions.--Section 601 of the Water Resources 
        Development Act of 1999 (113 Stat. 385) is amended by striking 
        paragraph (1) and inserting the following:
            ``(1) Affected indian tribe.--The term `affected Indian 
        Tribe' means each of the Cheyenne River Sioux Tribe and the 
        Lower Brule Sioux Tribe.''.
            (2) Terrestrial wildlife habitat restoration.--Section 
        602(b)(4)(B) of the Water Resources Development Act of 1999 (113 
        Stat. 388) is amended by striking ``the Tribe'' and inserting 
        ``the affected Indian Tribe''.
            (3) Cheyenne river sioux tribe and lower brule sioux tribe 
        terrestrial wildlife habitat restoration trust funds.--Section 
        604(d)(3)(A) of the Water Resources Development Act of 1999 (113 
        Stat. 390) is amended by striking ``the respective Tribe'' each 
        place it appears and inserting ``the respective affected Indian 
        Tribe''.
            (4) Transfer of federal land to state of south dakota.--
        Section 605 of the Water Resources Development Act of 1999 (113 
        Stat. 390-393) is amended--
                    (A) in subsection (b)(3) by striking ``an Indian 
                Tribe'' and inserting ``any Indian Tribe''; and
                    (B) in subsection (c)(1)(B) (as redesignated by 
                subsection (d)(2)(B) of this section) by striking ``an 
                Indian Tribe'' and inserting ``any Indian Tribe''.
            (5) Transfer of corps of engineers land for affected indian 
        tribes.--Section 606 of the Water Resources Development Act of 
        1999 (113 Stat. 393-395) is amended--
                    (A) in the section heading by striking ``indian 
                tribes'' and inserting ``affected indian tribes'';
                    (B) in paragraphs (1) and (4) of subsection (a) by 
                striking ``the Indian Tribes'' each place it appears and 
                inserting ``the affected Indian Tribes'';
                    (C) in subsection (c)(2) by striking ``an Indian 
                Tribe'' and inserting ``any Indian Tribe'';
                    (D) in subsection (f)(2)(B)(i)--
                          (i) by striking ``the respective tribes'' and 
                      inserting ``the respective affected Indian 
                      Tribes''; and

[[Page 114 STAT. 2671]]

                          (ii) by striking ``the respective Tribe's'' 
                      and inserting ``the respective affected Indian 
                      Tribe's''; and
                    (E) in subsection (g) by striking ``an Indian 
                Tribe'' and inserting ``any Indian Tribe''.
            (6) Administration.--Section 607(a) of the Water Resources 
        Development Act of 1999 (113 Stat. 395) is amended by striking 
        ``an Indian Tribe'' each place it appears and inserting ``any 
        Indian Tribe''.
SEC. 541. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND 
                        MISSISSIPPI.

    The <<NOTE: Reports.>> Secretary shall prepare a limited 
reevaluation report of the project for flood control, Horn Lake Creek 
and Tributaries, Tennessee and Mississippi, authorized by section 401(a) 
of the Water Resources Development Act of 1986 (100 Stat. 4124), to 
determine the feasibility of modifying the project to provide urban 
flood protection along Horn Lake Creek and, if the Secretary determines 
that the modification is technically sound, environmentally acceptable, 
and economically justified, carry out the project as modified in 
accordance with the report.

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

    (a) Definitions.--In this section, the following definitions apply:
            (1) Critical restoration project.--The term ``critical 
        restoration project'' means a project that will produce, 
        consistent with Federal programs, projects, and activities, 
        immediate and substantial ecosystem restoration, preservation, 
        and protection benefits.
            (2) Lake champlain watershed.--The term ``Lake Champlain 
        watershed'' means--
                    (A) the land areas within Addison, Bennington, 
                Caledonia, Chittenden, Franklin, Grand Isle, Lamoille, 
                Orange, Orleans, Rutland, and Washington Counties in the 
                State of Vermont; and
                    (B)(i) the land areas that drain into Lake Champlain 
                and that are located within Essex, Clinton, Franklin, 
                Warren, and Washington Counties in the State of New 
                York; and
                    (ii) the near-shore areas of Lake Champlain within 
                the counties referred to in clause (i).

    (b) Critical Restoration Projects.--
            (1) In general.--The Secretary may participate in critical 
        restoration projects in the Lake Champlain watershed.
            (2) Types of projects.--A critical restoration project shall 
        be eligible for assistance under this section if the critical 
        restoration project consists of--
                    (A) implementation of an intergovernmental agreement 
                for coordinating regulatory and management 
                responsibilities with respect to the Lake Champlain 
                watershed;
                    (B) acceleration of whole farm planning to implement 
                best management practices to maintain or enhance water 
                quality and to promote agricultural land use in the Lake 
                Champlain watershed;
                    (C) acceleration of whole community planning to 
                promote intergovernmental cooperation in the regulation 
                and management of activities consistent with the goal of

[[Page 114 STAT. 2672]]

                maintaining or enhancing water quality in the Lake 
                Champlain watershed;
                    (D) natural resource stewardship activities on 
                public or private land to promote land uses that--
                          (i) preserve and enhance the economic and 
                      social character of the communities in the Lake 
                      Champlain watershed; and
                          (ii) protect and enhance water quality; or
                    (E) any other activity determined by the Secretary 
                to be appropriate.

    (c) Public Ownership Requirement.--The Secretary may provide 
assistance for a critical restoration project under this section only 
if--
            (1) the critical restoration project is publicly owned; or
            (2) the non-Federal interest with respect to the critical 
        restoration project demonstrates that the critical restoration 
        project will provide a substantial public benefit in the form of 
        water quality improvement.

    (d) Project Selection.--
            (1) In general.--In consultation with the Lake Champlain 
        Basin Program and the heads of other appropriate Federal, State, 
        tribal, and local agencies, the Secretary may--
                    (A) identify critical restoration projects in the 
                Lake Champlain watershed; and
                    (B) carry out the critical restoration projects 
                after entering into an agreement with an appropriate 
                non-Federal interest in accordance with section 221 of 
                the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and 
                this section.
            (2) Certification.--
                    (A) In general.--A critical restoration project 
                shall be eligible for financial assistance under this 
                section only if the appropriate State official for the 
                critical restoration project certifies to the Secretary 
                that the critical restoration project will contribute to 
                the protection and enhancement of the quality or 
                quantity of the water resources of the Lake Champlain 
                watershed.
                    (B) Special consideration.--In certifying critical 
                restoration projects to the Secretary, the appropriate 
                State officials shall give special consideration to 
                projects that implement plans, agreements, and measures 
                that preserve and enhance the economic and social 
                character of the communities in the Lake Champlain 
                watershed.

    (e) Cost Sharing.--
            (1) In <<NOTE: Contracts.>> general.--Before providing 
        assistance under this section with respect to a critical 
        restoration project, the Secretary shall enter into a project 
        cooperation agreement that shall require the non-Federal 
        interest--
                    (A) to pay 35 percent of the total costs of the 
                project;
                    (B) to provide any land, easements, rights-of-way, 
                dredged material disposal areas, and relocations 
                necessary to carry out the project;
                    (C) to pay 100 percent of the operation, 
                maintenance, repair, replacement, and rehabilitation 
                costs associated with the project; and
                    (D) to hold the United States harmless from any 
                claim or damage that may arise from carrying out the 
                project,

[[Page 114 STAT. 2673]]

                except any claim or damage that may arise from the 
                negligence of the Federal Government or a contractor of 
                the Federal Government.
            (2) Non-federal share.--
                    (A) Credit for design work.--The non-Federal 
                interest shall receive credit for the reasonable costs 
                of design work carried out by the non-Federal interest 
                before the date of execution of a project cooperation 
                agreement for the critical restoration project, if the 
                Secretary finds that the design work is integral to the 
                project.
                    (B) Credit for land, easements, and rights-of-way.--
                The Secretary shall credit the non-Federal interest for 
                the value of any land, easement, right-of-way, dredged 
                material disposal area, or relocation provided for 
                carrying out the project.
                    (C) Form.--The non-Federal interest may provide up 
                to 50 percent of the non-Federal share in the form of 
                services, materials, supplies, or other in-kind 
                contributions.

    (f) Applicability of Other Federal and State Laws.--Nothing in this 
section waives, limits, or otherwise affects the applicability of 
Federal or State law with respect to a project carried out with 
assistance provided under this section.
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000, to remain available 
until expended.

SEC. 543. VERMONT DAMS REMEDIATION.

    (a) In General.--The Secretary--
            (1) shall conduct a study to evaluate the structural 
        integrity and need for modification or removal of each dam 
        located in the State of Vermont and described in subsection (b);
            (2) shall provide to the non-Federal interest design 
        analysis, plans and specifications, and cost estimates for 
        repair, restoration, modification, and removal of each dam 
        described in subsection (b); and
            (3) may carry out measures to prevent or mitigate against 
        such risk if the Secretary determines that a dam described in 
        subsection (b) presents an imminent and substantial risk to 
        public safety.

    (b) Dams To Be Evaluated.--The dams referred to in subsection (a) 
are the following:
            (1) East Barre Dam, Barre Town.
            (2) Wrightsville Dam, Middlesex-Montpelier.
            (3) Lake Sadawga Dam, Whitingham.
            (4) Dufresne Pond Dam, Manchester.
            (5) Knapp Brook Site 1 Dam, Cavendish.
            (6) Lake Bomoseen Dam, Castleton.
            (7) Little Hosmer Dam, Craftsbury.
            (8) Colby Pond Dam, Plymouth.
            (9) Silver Lake Dam, Barnard.
            (10) Gale Meadows Dam, Londonderry.

    (c) Cost Sharing.--The non-Federal share of the cost of activities 
under subsection (a) shall be 35 percent.
    (d) Coordination.--In carrying out this section, the Secretary shall 
coordinate with the appropriate State dam safety officials and the 
Director of the Federal Emergency Management Agency.

[[Page 114 STAT. 2674]]

    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000.
SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION, WASHINGTON.

    (a) Definition of Critical Restoration Project.--In this section, 
the term ``critical restoration project'' means a project that will 
produce, consistent with Federal programs, projects, and activities, 
immediate and substantial ecosystem restoration, preservation, and 
protection benefits.
    (b) Critical Restoration Projects.--The Secretary may participate in 
critical restoration projects in the area of Puget Sound, Washington, 
and adjacent waters, including--
            (1) the watersheds that drain directly into Puget Sound;
            (2) Admiralty Inlet;
            (3) Hood Canal;
            (4) Rosario Strait; and
            (5) the Strait of Juan de Fuca to Cape Flattery.

    (c) Project Selection.--
            (1) In general.--The Secretary may identify critical 
        restoration projects in the area described in subsection (b) 
        based on--
                    (A) studies to determine the feasibility of carrying 
                out the critical restoration projects; and
                    (B) analyses conducted before the date of enactment 
                of this Act by non-Federal interests.
            (2) Criteria and procedures for review and approval.--
                    (A) In general.--In consultation with the Secretary 
                of Commerce, the Secretary of the Interior, the Governor 
                of the State of Washington, tribal governments, and the 
                heads of other appropriate Federal, State, and local 
                agencies, the Secretary may develop criteria and 
                procedures for prioritizing projects identified under 
                paragraph (1).
                    (B) Consistency with fish restoration goals.--The 
                criteria and procedures developed under subparagraph (A) 
                shall be consistent with fish restoration goals of the 
                National Marine Fisheries Service and the State of 
                Washington.
                    (C) Use of existing studies and plans.--In carrying 
                out subparagraph (A), the Secretary shall use, to the 
                maximum extent practicable, studies and plans in 
                existence on the date of enactment of this Act to 
                identify project needs and priorities.
            (3) Local participation.--In prioritizing projects for 
        implementation under this section, the Secretary shall consult 
        with, and consider the priorities of, public and private 
        entities that are active in watershed planning and ecosystem 
        restoration in Puget Sound watersheds, including--
                    (A) the Salmon Recovery Funding Board;
                    (B) the Northwest Straits Commission;
                    (C) the Hood Canal Coordinating Council;
                    (D) county watershed planning councils; and
                    (E) salmon enhancement groups.

    (d) Implementation.--The <<NOTE: Contracts.>> Secretary may carry 
out projects identified under subsection (c) after entering into an 
agreement with an appropriate non-Federal interest in accordance with 
section

[[Page 114 STAT. 2675]]

221 of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this 
section.

    (e) Cost Sharing.--
            (1) In <<NOTE: Contracts.>> general.--Before carrying out 
        any project under this section, the Secretary shall enter into a 
        binding agreement with the non-Federal interest that shall 
        require the non-Federal interest--
                    (A) to pay 35 percent of the total costs of the 
                project;
                    (B) to provide any land, easements, rights-of-way, 
                dredged material disposal areas and relocations 
                necessary to carry out the project;
                    (C) to pay 100 percent of the operation, 
                maintenance, repair, replacement, and rehabilitation 
                costs associated with the project; and
                    (D) to hold the United States harmless from any 
                claim or damage that may arise from carrying out the 
                project, except any claim or damage that may arise from 
                the negligence of the Federal Government or a contractor 
                of the Federal Government.
            (2) Credit.--
                    (A) In general.--The Secretary shall credit the non-
                Federal interest for the value of any land, easement, 
                right-of-way, dredged material disposal area, or 
                relocation provided for carrying out the project.
                    (B) Form.--The non-Federal interest may provide up 
                to 50 percent of the non-Federal share in the form of 
                services, materials, supplies, or other in-kind 
                contributions.

    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $40,000,000, of which not more 
than $5,000,000 may be used to carry out any 1 critical restoration 
project.

SEC. 545. WILLAPA BAY, WASHINGTON.

    (a) Study.--The Secretary shall conduct a study to determine the 
feasibility of providing coastal erosion protection for the tribal 
reservation of the Shoalwater Bay Tribe on Willapa Bay, Washington.
    (b) Project.--
            (1) In general.--Notwithstanding any other provision of law 
        (including any requirement for economic justification), the 
        Secretary may construct and maintain a project to provide 
        coastal erosion protection for the tribal reservation of the 
        Shoalwater Bay Tribe on Willapa Bay, Washington, at Federal 
        expense, if the Secretary determines that the project--
                    (A) is a cost-effective means of providing erosion 
                protection;
                    (B) is environmentally acceptable and technically 
                feasible; and
                    (C) will improve the economic and social conditions 
                of the Shoalwater Bay Tribe.
            (2) Land, easements, and rights-of-way.--As a condition of 
        the project described in paragraph (1), the Shoalwater Bay Tribe 
        shall provide lands, easements, rights-of-way, and dredged 
        material disposal areas necessary for implementation of the 
        project.

[[Page 114 STAT. 2676]]

SEC. 546. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASHINGTON.

    (a) In General.--The city of Aberdeen, Washington, may transfer all 
rights, title, and interests of the city in the land transferred to the 
city under section 203 of the Water Resources Development Act of 1990 
(104 Stat. 4632) to the city of Tacoma, Washington.
    (b) Conditions.--The transfer under this section shall be subject to 
the conditions set forth in section 203(b) of the Water Resources 
Development Act of 1990 (104 Stat. 4632); except that the condition set 
forth in paragraph (1) of such section shall apply to the city of Tacoma 
only for so long as the city of Tacoma has a valid license with the 
Federal Energy Regulatory Commission relating to operation of the 
Wynoochee Dam, Washington.
    (c) Limitation.--The transfer under subsection (a) may be made only 
after the Secretary determines that the city of Tacoma will be able to 
operate, maintain, repair, replace, and rehabilitate the project for 
Wynoochee Lake, Wynoochee River, Washington, authorized by section 203 
of the Flood Control Act of 1962 (76 Stat. 1193), in accordance with 
such regulations as the Secretary may issue to ensure that such 
operation, maintenance, repair, replacement, and rehabilitation is 
consistent with project purposes.
    (d) Water Supply Contract.--The water supply contract designated as 
DACWD 67-68-C-0024 shall be null and void if the Secretary exercises the 
reversionary right set forth in section 203(b)(3) of the Water Resources 
Development Act of 1990 (104 Stat. 4632).

SEC. 547. BLUESTONE, WEST VIRGINIA.

    (a) In General.--The project for flood control, Bluestone Lake, Ohio 
River basin, West Virginia, authorized by section 4 of the Flood Control 
Act of June 28, 1938 (52 Stat. 1217), is modified to authorize 
construction of hydroelectric generating facilities at the project by 
the Tri-Cities Power Authority of West Virginia under the terms and 
conditions of the agreement referred to in subsection (b).
    (b) Agreement.--
            (1) Agreement terms.--The Secretary and the Secretary of 
        Energy, acting through the Southeastern Power Administration, 
        shall enter into a binding agreement with the Tri-Cities Power 
        Authority that contains mutually acceptable terms and conditions 
        and under which the Tri-Cities Power Authority agrees to each of 
        the following:
                    (A) <<NOTE: Deadline.>> To design and construct the 
                generating facilities referred to in subsection (a) 
                within 4 years after the date of such agreement.
                    (B) To reimburse the Secretary for--
                          (i) the cost of approving such design and 
                      inspecting such construction;
                          (ii) the cost of providing any assistance 
                      authorized under subsection (c)(2); and
                          (iii) the redistributed costs associated with 
                      the original construction of the dam and dam 
                      safety if all parties agree with the method of the 
                      development of the chargeable amounts associated 
                      with hydropower at the facility.
                    (C) To release and indemnify the United States from 
                any claims, causes of action, or liabilities that may 
                arise from such design and construction of the 
                facilities referred

[[Page 114 STAT. 2677]]

                to in subsection (a), including any liability that may 
                arise out of the removal of the facility if directed by 
                the Secretary.
            (2) Additional terms.--The agreement shall also specify each 
        of the following:
                    (A) The procedures and requirements for approval and 
                acceptance of design, construction, and operation and 
                maintenance of the facilities referred to in subsection 
                (a).
                    (B) The rights, responsibilities, and liabilities of 
                each party to the agreement.
                    (C) The amount of the payments under subsection (f) 
                and the procedures under which such payments are to be 
                made.

    (c) Other Requirements.--
            (1) Prohibition.--No Federal funds may be expended for the 
        design, construction, and operation and maintenance of the 
        facilities referred to in subsection (a) prior to the date on 
        which such facilities are accepted by the Secretary under 
        subsection (d).
            (2) Reimbursement.--Notwithstanding any other provision of 
        law, if requested by the Tri-Cities Power Authority, the 
        Secretary may provide, on a reimbursable basis, assistance in 
        connection with the design and construction of the generating 
        facilities referred to in subsection (a).

    (d) Completion of Construction.--
            (1) Transfer of facilities.--Notwithstanding any other 
        provision of law, upon completion of the construction of the 
        facilities referred to in subsection (a) and final approval of 
        such facilities by the Secretary, the Tri-Cities Power Authority 
        shall transfer without consideration title to such facilities to 
        the United States, and the Secretary shall--
                    (A) accept the transfer of title to such facilities 
                on behalf of the United States; and
                    (B) operate and maintain the facilities.
            (2) Certification.--The Secretary may accept title to the 
        facilities pursuant to paragraph (1) only after certifying that 
        the quality of the construction meets all standards established 
        for similar facilities constructed by the Secretary.
            (3) Authorized project purposes.--The operation and 
        maintenance of the facilities shall be conducted in a manner 
        that is consistent with other authorized project purposes of the 
        Bluestone Lake facility.

    (e) Excess Power.--Pursuant to any agreement under subsection (b), 
the Southeastern Power Administration shall market the excess power 
produced by the facilities referred to in subsection (a) in accordance 
with section 5 of the Rivers and Harbors Act of December 22, 1944 (16 
U.S.C. 825s; 58 Stat. 890).
    (f) Payments.--Notwithstanding any other provision of law, the 
Secretary of Energy, acting through the Southeastern Power 
Administration, may pay, in accordance with the terms of the agreement 
entered into under subsection (b), out of the revenues from the sale of 
power produced by the generating facility of the interconnected systems 
of reservoirs operated by the Secretary and marketed by the Southeastern 
Power Administration--
            (1) to the Tri-Cities Power Authority all reasonable costs 
        incurred by the Tri-Cities Power Authority in the design and 
        construction of the facilities referred to in subsection (a),

[[Page 114 STAT. 2678]]

        including the capital investment in such facilities and a 
        reasonable rate of return on such capital investment; and
            (2) to the Secretary, in accordance with the terms of the 
        agreement entered into under subsection (b) out of the revenues 
        from the sale of power produced by the generating facility of 
        the interconnected systems of reservoirs operated by the 
        Secretary and marketed by the Southeastern Power Administration, 
        all reasonable costs incurred by the Secretary in the operation 
        and maintenance of facilities referred to in subsection (a).

    (g) Authority of Secretary of Energy.--Notwithstanding any other 
provision of law, the Secretary of Energy, acting through the 
Southeastern Power Administration, is authorized--
            (1) to construct such transmission facilities as necessary 
        to market the power produced at the facilities referred to in 
        subsection (a) with funds contributed by the Tri-Cities Power 
        Authority; and
            (2) to repay those funds, including interest and any 
        administrative expenses, directly from the revenues from the 
        sale of power produced by such facilities of the interconnected 
        systems of reservoirs operated by the Secretary and marketed by 
        the Southeastern Power Administration.

    (h) Savings Clause.--Nothing in this section affects any requirement 
under Federal or State environmental law relating to the licensing or 
operation of the facilities referred to in subsection (a).

SEC. 548. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.

    Section 30 of the Water Resources Development Act of 1988 (102 Stat. 
4030) is amended by adding at the end the following:
    ``(d) Historic Structure.--The Secretary shall ensure the 
preservation and restoration of the structure known as the `Jenkins 
House' located within the Lesage/Greenbottom Swamp in accordance with 
standards for sites listed on the National Register of Historic 
Places.''.

SEC. 549. TUG FORK RIVER, WEST VIRGINIA.

    (a) In General.--The Secretary may provide planning and design 
assistance to non-Federal interests for projects located along the Tug 
Fork River in West Virginia and identified by the master plan developed 
pursuant to section 114(t) of the Water Resources Development Act of 
1992 (106 Stat. 4820).
    (b) Priorities.--In providing assistance under this section, the 
Secretary shall give priority to the primary development demonstration 
sites in West Virginia identified by the master plan referred to in 
subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $1,000,000.

SEC. 550. SOUTHERN WEST VIRGINIA.

    Section 340(a) of the Water Resources Development Act of 1992 (106 
Stat. 4856) is amended in the second sentence by inserting 
``environmental restoration,'' after ``distribution facilities,''.

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

    The Secretary shall treat the Surfside/Sunset Newport Beach element 
of the project for beach erosion, Orange County, California,

[[Page 114 STAT. 2679]]

authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 
1177), as continuing construction.
SEC. 552. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

    Section 503(d) of the Water Resources Development Act of 1996 (110 
Stat. 3756-3757; 113 Stat. 288) is amended by adding at the end the 
following:
            ``(28) Tomales Bay watershed, California.
            ``(29) Kaskaskia River watershed, Illinois.
            ``(30) Sangamon River watershed, Illinois.
            ``(31) Upper Charles River watershed, Massachusetts.
            ``(32) Lackawanna River watershed, Pennsylvania.
            ``(33) Brazos River watershed, Texas.''.

SEC. 553. MAINTENANCE OF NAVIGATION CHANNELS.

    Section 509(a) of the Water Resources Development Act of 1996 (110 
Stat. 3759; 113 Stat. 339) is amended by adding at the end the 
following:
            ``(16) Cameron Loop, Louisiana, as part of the Calcasieu 
        River and Pass Ship Channel.
            ``(17) Morehead City Harbor, North Carolina.''.

SEC. 554. <<NOTE: 33 USC 892a note.>> HYDROGRAPHIC SURVEY.

    The <<NOTE: Contracts.>> Secretary shall enter into an agreement 
with the Administrator of the National Oceanic and Atmospheric 
Administration--
            (1) <<NOTE: Deadline.>> to require the Secretary, not later 
        than 60 days after the Corps of Engineers completes a project 
        involving dredging of a channel, to provide data to the 
        Administration in a standard digital format on the results of a 
        hydrographic survey of the channel conducted by the Corps of 
        Engineers; and
            (2) to require the Administrator to provide the final charts 
        with respect to the project to the Secretary in digital format, 
        at no charge, for the purpose of enhancing the mission of the 
        Corps of Engineers of maintaining Federal navigation projects.

SEC. 555. COLUMBIA RIVER TREATY FISHING ACCESS.

    Section 401(d) of the Act entitled ``An Act to establish procedures 
for review of tribal constitutions and bylaws or amendments thereto 
pursuant to the Act of June 18, 1934 (48 Stat. 987)'', approved November 
1, 1988 (102 Stat. 2944), is amended by striking ``$2,000,000'' and 
inserting ``$4,000,000''.

SEC. 556. RELEASE OF USE RESTRICTION.

    (a) Release.--Notwithstanding any other provision of law, the 
Tennessee Valley Authority shall grant a release or releases, without 
monetary consideration, from the restrictive covenant that requires that 
property described in subsection (b) shall at all times be used solely 
for the purpose of erecting docks and buildings for shipbuilding 
purposes or for the manufacture or storage of products for the purpose 
of trading or shipping in transportation.
    (b) Description <<NOTE: Applicability. Alabama.>> of Property.--This 
section shall apply only to those lands situated in the city of Decatur, 
Morgan County, Alabama, and described in an indenture conveying such 
lands to the Ingalls Shipbuilding Corporation dated July 29, 1954, and 
recorded in deed book 535 at page 6 in the office of the Probate

[[Page 114 STAT. 2680]]

Judge of Morgan County, Alabama, which are owned or may be acquired by 
the Alabama Farmers Cooperative, Inc.

TITLE <<NOTE: Florida.>> VI--COMPREHENSIVE EVERGLADES RESTORATION

SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

    (a) Definitions.--In this section, the following definitions apply:
            (1) Central and southern florida project.--
                    (A) In general.--The term ``Central and Southern 
                Florida Project'' means the project for Central and 
                Southern Florida authorized under the heading ``central 
                and southern florida'' in section 203 of the Flood 
                Control Act of 1948 (62 Stat. 1176).
                    (B) Inclusion.--The term ``Central and Southern 
                Florida Project'' includes any modification to the 
                project authorized by this section or any other 
                provision of law.
            (2) Governor.--The term ``Governor'' means the Governor of 
        the State of Florida.
            (3) Natural system.--
                    (A) In general.--The term ``natural system'' means 
                all land and water managed by the Federal Government or 
                the State within the South Florida ecosystem.
                    (B) Inclusions.--The term ``natural system'' 
                includes--
                          (i) water conservation areas;
                          (ii) sovereign submerged land;
                          (iii) Everglades National Park;
                          (iv) Biscayne National Park;
                          (v) Big Cypress National Preserve;
                          (vi) other Federal or State (including a 
                      political subdivision of a State) land that is 
                      designated and managed for conservation purposes; 
                      and
                          (vii) any tribal land that is designated and 
                      managed for conservation purposes, as approved by 
                      the tribe.
            (4) Plan.--The term ``Plan'' means the Comprehensive 
        Everglades Restoration Plan contained in the ``Final Integrated 
        Feasibility Report and Programmatic Environmental Impact 
        Statement'', dated April 1, 1999, as modified by this section.
            (5) South florida ecosystem.--
                    (A) In general.--The term ``South Florida 
                ecosystem'' means the area consisting of the land and 
                water within the boundary of the South Florida Water 
                Management District in effect on July 1, 1999.
                    (B) Inclusions.--The term ``South Florida 
                ecosystem'' includes--
                          (i) the Everglades;
                          (ii) the Florida Keys; and
                          (iii) the contiguous near-shore coastal water 
                      of South Florida.
            (6) State.--The term ``State'' means the State of Florida.

    (b) Comprehensive Everglades Restoration Plan.--
            (1) Approval.--

[[Page 114 STAT. 2681]]

                    (A) In general.--Except as modified by this section, 
                the Plan is approved as a framework for modifications 
                and operational changes to the Central and Southern 
                Florida Project that are needed to restore, preserve, 
                and protect the South Florida ecosystem while providing 
                for other water-related needs of the region, including 
                water supply and flood protection. The Plan shall be 
                implemented to ensure the protection of water quality 
                in, the reduction of the loss of fresh water from, and 
                the improvement of the environment of the South Florida 
                ecosystem and to achieve and maintain the benefits to 
                the natural system and human environment described in 
                the Plan, and required pursuant to this section, for as 
                long as the project is authorized.
                    (B) Integration.--In carrying out the Plan, the 
                Secretary shall integrate the activities described in 
                subparagraph (A) with ongoing Federal and State projects 
                and activities in accordance with section 528(c) of the 
                Water Resources Development Act of 1996 (110 Stat. 
                3769). Unless specifically provided herein, nothing in 
                this section shall be construed to modify any existing 
                cost share or responsibility for projects as listed in 
                subsection (c) or (e) of section 528 of the Water 
                Resources Development Act of 1996 (110 Stat. 3769).
            (2) Specific authorizations.--
                    (A) In general.--
                          (i) Projects.--The Secretary shall carry out 
                      the projects included in the Plan in accordance 
                      with subparagraphs (B), (C), (D), and (E).
                          (ii) Considerations.--In carrying out 
                      activities described in the Plan, the Secretary 
                      shall--
                                    (I) take into account the protection 
                                of water quality by considering 
                                applicable State water quality 
                                standards; and
                                    (II) include such features as the 
                                Secretary determines are necessary to 
                                ensure that all ground water and surface 
                                water discharges from any project 
                                feature authorized by this subsection 
                                will meet all applicable water quality 
                                standards and applicable water quality 
                                permitting requirements.
                          (iii) Review and comment.--In developing the 
                      projects authorized under subparagraph (B), the 
                      Secretary shall provide for public review and 
                      comment in accordance with applicable Federal law.
                    (B) Pilot projects.--The following pilot projects 
                are authorized for implementation, after review and 
                approval by the Secretary, at a total cost of 
                $69,000,000, with an estimated Federal cost of 
                $34,500,000 and an estimated non-Federal cost of 
                $34,500,000:
                          (i) Caloosahatchee River (C-43) Basin ASR, at 
                      a total cost of $6,000,000, with an estimated 
                      Federal cost of $3,000,000 and an estimated non-
                      Federal cost of $3,000,000.
                          (ii) Lake Belt In-Ground Reservoir Technology, 
                      at a total cost of $23,000,000, with an estimated 
                      Federal cost of $11,500,000 and an estimated non-
                      Federal cost of $11,500,000.

[[Page 114 STAT. 2682]]

                          (iii) L-31N Seepage Management, at a total 
                      cost of $10,000,000, with an estimated Federal 
                      cost of $5,000,000 and an estimated non-Federal 
                      cost of $5,000,000.
                          (iv) Wastewater Reuse Technology, at a total 
                      cost of $30,000,000, with an estimated Federal 
                      cost of $15,000,000 and an estimated non-Federal 
                      cost of $15,000,000.
                    (C) Initial projects.--The following projects are 
                authorized for implementation, after review and approval 
                by the Secretary, subject to the conditions stated in 
                subparagraph (D), at a total cost of $1,100,918,000, 
                with an estimated Federal cost of $550,459,000 and an 
                estimated non-Federal cost of $550,459,000:
                          (i) C-44 Basin Storage Reservoir, at a total 
                      cost of $112,562,000, with an estimated Federal 
                      cost of $56,281,000 and an estimated non-Federal 
                      cost of $56,281,000.
                          (ii) Everglades Agricultural Area Storage 
                      Reservoirs--Phase I, at a total cost of 
                      $233,408,000, with an estimated Federal cost of 
                      $116,704,000 and an estimated non-Federal cost of 
                      $116,704,000.
                          (iii) Site 1 Impoundment, at a total cost of 
                      $38,535,000, with an estimated Federal cost of 
                      $19,267,500 and an estimated non-Federal cost of 
                      $19,267,500.
                          (iv) Water Conservation Areas 3A/3B Levee 
                      Seepage Management, at a total cost of 
                      $100,335,000, with an estimated Federal cost of 
                      $50,167,500 and an estimated non-Federal cost of 
                      $50,167,500.
                          (v) C-11 Impoundment and Stormwater Treatment 
                      Area, at a total cost of $124,837,000, with an 
                      estimated Federal cost of $62,418,500 and an 
                      estimated non-Federal cost of $62,418,500.
                          (vi) C-9 Impoundment and Stormwater Treatment 
                      Area, at a total cost of $89,146,000, with an 
                      estimated Federal cost of $44,573,000 and an 
                      estimated non-Federal cost of $44,573,000.
                          (vii) Taylor Creek/Nubbin Slough Storage and 
                      Treatment Area, at a total cost of $104,027,000, 
                      with an estimated Federal cost of $52,013,500 and 
                      an estimated non-Federal cost of $52,013,500.
                          (viii) Raise and Bridge East Portion of 
                      Tamiami Trail and Fill Miami Canal within Water 
                      Conservation Area 3, at a total cost of 
                      $26,946,000, with an estimated Federal cost of 
                      $13,473,000 and an estimated non-Federal cost of 
                      $13,473,000.
                          (ix) North New River Improvements, at a total 
                      cost of $77,087,000, with an estimated Federal 
                      cost of $38,543,500 and an estimated non-Federal 
                      cost of $38,543,500.
                          (x) C-111 Spreader Canal, at a total cost of 
                      $94,035,000, with an estimated Federal cost of 
                      $47,017,500 and an estimated non-Federal cost of 
                      $47,017,500.

[[Page 114 STAT. 2683]]

                          (xi) Adaptive Assessment and Monitoring 
                      Program, at a total cost of $100,000,000, with an 
                      estimated Federal cost of $50,000,000 and an 
                      estimated non-Federal cost of $50,000,000.
                    (D) Conditions.--
                          (i) Project implementation reports.--Before 
                      implementation of a project described in any of 
                      clauses (i) through (x) of subparagraph (C), the 
                      Secretary shall review and approve for the project 
                      a project implementation report prepared in 
                      accordance with subsections (f) and (h).
                          (ii) Submission of report.--The Secretary 
                      shall submit to the Committee on Transportation 
                      and Infrastructure of the House of Representatives 
                      and the Committee on Environment and Public Works 
                      of the Senate the project implementation report 
                      required by subsections (f) and (h) for each 
                      project under this paragraph (including all 
                      relevant data and information on all costs).
                          (iii) Funding contingent on approval.--No 
                      appropriation shall be made to construct any 
                      project under this paragraph if the project 
                      implementation report for the project has not been 
                      approved by resolutions adopted by the Committee 
                      on Transportation and Infrastructure of the House 
                      of Representatives and the Committee on 
                      Environment and Public Works of the Senate.
                          (iv) Modified water delivery.--No 
                      appropriation shall be made to construct the Water 
                      Conservation Area 3 Decompartmentalization and 
                      Sheetflow Enhancement Project (including component 
                      AA, Additional S-345 Structures; component QQ 
                      Phase 1, Raise and Bridge East Portion of Tamiami 
                      Trail and Fill Miami Canal within WCA 3; component 
                      QQ Phase 2, WCA 3 Decompartmentalization and 
                      Sheetflow Enhancement; and component SS, North New 
                      River Improvements) or the Central Lakebelt 
                      Storage Project (including components S and EEE, 
                      Central Lake Belt Storage Area) until the 
                      completion of the project to improve water 
                      deliveries to Everglades National Park authorized 
                      by section 104 of the Everglades National Park 
                      Protection and Expansion Act of 1989 (16 U.S.C. 
                      410r-8).
                    (E) Maximum <<NOTE: Applicability.>> cost of 
                projects.--Section 902 of the Water Resources 
                Development Act of 1986 (33 U.S.C. 2280) shall apply to 
                each project feature authorized under this subsection.

    (c) Additional Program Authority.--
            (1) In general.--To expedite implementation of the Plan, the 
        Secretary may implement modifications to the Central and 
        Southern Florida Project that--
                    (A) are described in the Plan; and
                    (B) will produce a substantial benefit to the 
                restoration, preservation and protection of the South 
                Florida ecosystem.
            (2) Project implementation reports.--Before implementation 
        of any project feature authorized under this subsection, the 
        Secretary shall review and approve for the project feature

[[Page 114 STAT. 2684]]

        a project implementation report prepared in accordance with 
        subsections (f) and (h).
            (3) Funding.--
                    (A) Individual project funding.--
                          (i) Federal cost.--The total Federal cost of 
                      each project carried out under this subsection 
                      shall not exceed $12,500,000.
                          (ii) Overall cost.--The total cost of each 
                      project carried out under this subsection shall 
                      not exceed $25,000,000.
                    (B) Aggregate cost.--The total cost of all projects 
                carried out under this subsection shall not exceed 
                $206,000,000, with an estimated Federal cost of 
                $103,000,000 and an estimated non-Federal cost of 
                $103,000,000.

    (d) Authorization of Future Projects.--
            (1) In general.--Except for a project authorized by 
        subsection (b) or (c), any project included in the Plan shall 
        require a specific authorization by Congress.
            (2) Submission of report.--Before seeking congressional 
        authorization for a project under paragraph (1), the Secretary 
        shall submit to Congress--
                    (A) a description of the project; and
                    (B) a project implementation report for the project 
                prepared in accordance with subsections (f) and (h).

    (e) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out a project authorized by subsection (b), (c), or (d) 
        shall be 50 percent.
            (2) Non-federal responsibilities.--The non-Federal sponsor 
        with respect to a project described in subsection (b), (c), or 
        (d), shall be--
                    (A) responsible for all land, easements, rights-of-
                way, and relocations necessary to implement the Plan; 
                and
                    (B) afforded credit toward the non-Federal share of 
                the cost of carrying out the project in accordance with 
                paragraph (5)(A).
            (3) Federal assistance.--
                    (A) In general.--The non-Federal sponsor with 
                respect to a project authorized by subsection (b), (c), 
                or (d) may use Federal funds for the purchase of any 
                land, easement, rights-of-way, or relocation that is 
                necessary to carry out the project if any funds so used 
                are credited toward the Federal share of the cost of the 
                project.
                    (B) Agriculture funds.--Funds provided to the non-
                Federal sponsor under the Conservation Restoration and 
                Enhancement Program (CREP) and the Wetlands Reserve 
                Program (WRP) for projects in the Plan shall be credited 
                toward the non-Federal share of the cost of the Plan if 
                the Secretary of Agriculture certifies that the funds 
                provided may be used for that purpose. Funds to be 
                credited do not include funds provided under section 390 
                of the Federal Agriculture Improvement and Reform Act of 
                1996 (110 Stat. 1022).
            (4) Operation and maintenance.--Notwithstanding section 
        528(e)(3) of the Water Resources Development Act of 1996 (110 
        Stat. 3770), the non-Federal sponsor shall be responsible

[[Page 114 STAT. 2685]]

        for 50 percent of the cost of operation, maintenance, repair, 
        replacement, and rehabilitation activities authorized under this 
        section. Furthermore, the Seminole Tribe of Florida shall be 
        responsible for 50 percent of the cost of operation, 
        maintenance, repair, replacement, and rehabilitation activities 
        for the Big Cypress Seminole Reservation Water Conservation Plan 
        Project.
            (5) Credit.--
                    (A) In general.--Notwithstanding section 528(e)(4) 
                of the Water Resources Development Act of 1996 (110 
                Stat. 3770) and regardless of the date of acquisition, 
                the value of lands or interests in lands and incidental 
                costs for land acquired by a non-Federal sponsor in 
                accordance with a project implementation report for any 
                project included in the Plan and authorized by Congress 
                shall be--
                          (i) included in the total cost of the project; 
                      and
                          (ii) credited toward the non-Federal share of 
                      the cost of the project.
                    (B) Work.--The Secretary may provide credit, 
                including in-kind credit, toward the non-Federal share 
                for the reasonable cost of any work performed in 
                connection with a study, preconstruction engineering and 
                design, or construction that is necessary for the 
                implementation of the Plan if--
                          (i)(I) the credit is provided for work 
                      completed during the period of design, as defined 
                      in a design agreement between the Secretary and 
                      the non-Federal sponsor; or
                          (II) the credit is provided for work completed 
                      during the period of construction, as defined in a 
                      project cooperation agreement for an authorized 
                      project between the Secretary and the non-Federal 
                      sponsor;
                          (ii) the design agreement or the project 
                      cooperation agreement prescribes the terms and 
                      conditions of the credit; and
                          (iii) the Secretary determines that the work 
                      performed by the non-Federal sponsor is integral 
                      to the project.
                    (C) Treatment of credit between projects.--Any 
                credit provided under this paragraph may be carried over 
                between authorized projects in accordance with 
                subparagraph (D).
                    (D) Periodic monitoring.--
                          (i) In general.--To ensure that the 
                      contributions of the non-Federal sponsor equal 50 
                      percent proportionate share for projects in the 
                      Plan, during each 5-year period, beginning with 
                      commencement of design of the Plan, the Secretary 
                      shall, for each project--
                                    (I) monitor the non-Federal 
                                provision of cash, in-kind services, and 
                                land; and
                                    (II) manage, to the maximum extent 
                                practicable, the requirement of the non-
                                Federal sponsor to provide cash, in-kind 
                                services, and land.
                          (ii) Other monitoring.--The Secretary shall 
                      conduct monitoring under clause (i) separately for 
                      the preconstruction engineering and design phase 
                      and the construction phase.

[[Page 114 STAT. 2686]]

                    (E) Audits.--Credit for land (including land value 
                and incidental costs) or work provided under this 
                subsection shall be subject to audit by the Secretary.

    (f) Evaluation of Projects.--
            (1) In <<NOTE: Reports.>> general.--Before implementation of 
        a project authorized by subsection (c) or (d) or any of clauses 
        (i) through (x) of subsection (b)(2)(C), the Secretary, in 
        cooperation with the non-Federal sponsor, shall complete, after 
        notice and opportunity for public comment and in accordance with 
        subsection (h), a project implementation report for the project.
            (2) Project justification.--
                    (A) In general.--Notwithstanding section 209 of the 
                Flood Control Act of 1970 (42 U.S.C. 1962-2) or any 
                other provision of law, in carrying out any activity 
                authorized under this section or any other provision of 
                law to restore, preserve, or protect the South Florida 
                ecosystem, the Secretary may determine that--
                          (i) the activity is justified by the 
                      environmental benefits derived by the South 
                      Florida ecosystem; and
                          (ii) no further economic justification for the 
                      activity is required, if the Secretary determines 
                      that the activity is cost-effective.
                    (B) Applicability.--Subparagraph (A) shall not apply 
                to any separable element intended to produce benefits 
                that are predominantly unrelated to the restoration, 
                preservation, and protection of the natural system.

    (g) Exclusions and Limitations.--The following Plan components are 
not approved for implementation:
            (1) Water included in the plan.--
                    (A) In general.--Any project that is designed to 
                implement the capture and use of the approximately 
                245,000 acre-feet of water described in section 7.7.2 of 
                the Plan shall not be implemented until such time as--
                          (i) the project-specific feasibility study 
                      described in subparagraph (B) on the need for and 
                      physical delivery of the approximately 245,000 
                      acre-feet of water, conducted by the Secretary, in 
                      cooperation with the non-Federal sponsor, is 
                      completed;
                          (ii) the project is favorably recommended in a 
                      final report of the Chief of Engineers; and
                          (iii) the project is authorized by Act of 
                      Congress.
                    (B) Project-specific feasibility study.--The 
                project-specific feasibility study referred to in 
                subparagraph (A) shall include--
                          (i) a comprehensive analysis of the structural 
                      facilities proposed to deliver the approximately 
                      245,000 acre-feet of water to the natural system;
                          (ii) an assessment of the requirements to 
                      divert and treat the water;
                          (iii) an assessment of delivery alternatives;
                          (iv) an assessment of the feasibility of 
                      delivering the water downstream while maintaining 
                      current levels of flood protection to affected 
                      property; and
                          (v) any other assessments that are determined 
                      by the Secretary to be necessary to complete the 
                      study.
            (2) Wastewater reuse.--

[[Page 114 STAT. 2687]]

                    (A) In <<NOTE: Reports.>> general.--On completion 
                and evaluation of the wastewater reuse pilot project 
                described in subsection (b)(2)(B)(iv), the Secretary, in 
                an appropriately timed 5-year report, shall describe the 
                results of the evaluation of advanced wastewater reuse 
                in meeting, in a cost-effective manner, the requirements 
                of restoration of the natural system.
                    (B) Submission.--The Secretary shall submit to 
                Congress the report described in subparagraph (A) before 
                congressional authorization for advanced wastewater 
                reuse is sought.
            (3) Projects approved with limitations.--The following 
        projects in the Plan are approved for implementation with 
        limitations:
                    (A) Loxahatchee national wildlife refuge.--The 
                Federal share for land acquisition in the project to 
                enhance existing wetland systems along the Loxahatchee 
                National Wildlife Refuge, including the Stazzulla tract, 
                should be funded through the budget of the Department of 
                the Interior.
                    (B) Southern corkscrew regional ecosystem.--The 
                Southern Corkscrew regional ecosystem watershed addition 
                should be accomplished outside the scope of the Plan.

    (h) Assurance of Project Benefits.--
            (1) In general.--The overarching objective of the Plan is 
        the restoration, preservation, and protection of the South 
        Florida Ecosystem while providing for other water-related needs 
        of the region, including water supply and flood protection. The 
        Plan shall be implemented to ensure the protection of water 
        quality in, the reduction of the loss of fresh water from, the 
        improvement of the environment of the South Florida Ecosystem 
        and to achieve and maintain the benefits to the natural system 
        and human environment described in the Plan, and required 
        pursuant to this section, for as long as the project is 
        authorized.
            (2) Agreement.--
                    (A) In general.--In order to ensure that water 
                generated by the Plan will be made available for the 
                restoration of the natural system, no appropriations, 
                except for any pilot project described in subsection 
                (b)(2)(B), shall be made for the construction of a 
                project contained in the Plan until the President and 
                the Governor enter into a binding agreement under which 
                the State shall ensure, by regulation or other 
                appropriate means, that water made available by each 
                project in the Plan shall not be permitted for a 
                consumptive use or otherwise made unavailable by the 
                State until such time as sufficient reservations of 
                water for the restoration of the natural system are made 
                under State law in accordance with the project 
                implementation report for that project and consistent 
                with the Plan.
                    (B) Enforcement.--
                          (i) In general.--Any person or entity that is 
                      aggrieved by a failure of the United States or any 
                      other Federal Government instrumentality or 
                      agency, or the Governor or any other officer of a 
                      State instrumentality or agency, to comply with 
                      any provision of the agreement entered into under 
                      subparagraph

[[Page 114 STAT. 2688]]

                      (A) may bring a civil action in United States 
                      district court for an injunction directing the 
                      United States or any other Federal Government 
                      instrumentality or agency or the Governor or any 
                      other officer of a State instrumentality or 
                      agency, as the case may be, to comply with the 
                      agreement.
                          (ii) Limitations on commencement of civil 
                      action.--No civil action may be commenced under 
                      clause (i)--
                                    (I) before the date that is 60 days 
                                after the Secretary and the Governor 
                                receive written notice of a failure to 
                                comply with the agreement; or
                                    (II) if the United States has 
                                commenced and is diligently prosecuting 
                                an action in a court of the United 
                                States or a State to redress a failure 
                                to comply with the agreement.
                    (C) Trust responsibilities.--In carrying out his 
                responsibilities under this subsection with respect to 
                the restoration of the South Florida ecosystem, the 
                Secretary of the Interior shall fulfill his obligations 
                to the Indian tribes in South Florida under the Indian 
                trust doctrine as well as other applicable legal 
                obligations.
            (3) Programmatic regulations.--
                    (A) Issuance.--Not <<NOTE: Deadline.>> later than 2 
                years after the date of enactment of this Act, the 
                Secretary shall, after notice and opportunity for public 
                comment, with the concurrence of the Governor and the 
                Secretary of the Interior, and in consultation with the 
                Seminole Tribe of Florida, the Miccosukee Tribe of 
                Indians of Florida, the Administrator of the 
                Environmental Protection Agency, the Secretary of 
                Commerce, and other Federal, State, and local agencies, 
                promulgate programmatic regulations to ensure that the 
                goals and purposes of the Plan are achieved.
                    (B) Concurrency <<NOTE: Deadline.>> statement.--The 
                Secretary of the Interior and the Governor shall, not 
                later than 180 days from the end of the public comment 
                period on proposed programmatic regulations, provide the 
                Secretary with a written statement of concurrence or 
                nonconcurrence. A failure to provide a written statement 
                of concurrence or nonconcurrence within such time frame 
                will be deemed as meeting the concurrency requirements 
                of subparagraph (A)(i). A copy of any concurrency or 
                nonconcurrency statements shall be made a part of the 
                administrative record and referenced in the final 
                programmatic regulations. Any nonconcurrency statement 
                shall specifically detail the reason or reasons for the 
                nonconcurrence.
                    (C) Content of regulations.--
                          (i) In general.--Programmatic regulations 
                      promulgated under this paragraph shall establish a 
                      process--
                                    (I) for the development of project 
                                implementation reports, project 
                                cooperation agreements, and operating 
                                manuals that ensure that the goals and 
                                objectives of the Plan are achieved;
                                    (II) to ensure that new information 
                                resulting from changed or unforeseen 
                                circumstances, new scientific or 
                                technical information or information

[[Page 114 STAT. 2689]]

                                that is developed through the principles 
                                of adaptive management contained in the 
                                Plan, or future authorized changes to 
                                the Plan are integrated into the 
                                implementation of the Plan; and
                                    (III) to ensure the protection of 
                                the natural system consistent with the 
                                goals and purposes of the Plan, 
                                including the establishment of interim 
                                goals to provide a means by which the 
                                restoration success of the Plan may be 
                                evaluated throughout the implementation 
                                process.
                          (ii) Limitation on applicability of 
                      programmatic regulations.--Programmatic 
                      regulations promulgated under this paragraph shall 
                      expressly prohibit the requirement for concurrence 
                      by the Secretary of the Interior or the Governor 
                      on project implementation reports, project 
                      cooperation agreements, operating manuals for 
                      individual projects undertaken in the Plan, and 
                      any other documents relating to the development, 
                      implementation, and management of individual 
                      features of the Plan, unless such concurrence is 
                      provided for in other Federal or State laws.
                    (D) Schedule and transition rule.--
                          (i) In general.--All project implementation 
                      reports approved before the date of promulgation 
                      of the programmatic regulations shall be 
                      consistent with the Plan.
                          (ii) Preamble.--The preamble of the 
                      programmatic regulations shall include a statement 
                      concerning the consistency with the programmatic 
                      regulations of any project implementation reports 
                      that were approved before the date of promulgation 
                      of the regulations.
                    (E) Review of programmatic regulations.--Whenever 
                necessary to attain Plan goals and purposes, but not 
                less often than every 5 years, the Secretary, in 
                accordance with subparagraph (A), shall review the 
                programmatic regulations promulgated under this 
                paragraph.
            (4) Project-specific assurances.--
                    (A) Project implementation reports.--
                          (i) In general.--The Secretary and the non-
                      Federal sponsor shall develop project 
                      implementation reports in accordance with section 
                      10.3.1 of the Plan.
                          (ii) Coordination.--In developing a project 
                      implementation report, the Secretary and the non-
                      Federal sponsor shall coordinate with appropriate 
                      Federal, State, tribal, and local governments.
                          (iii) Requirements.--A project implementation 
                      report shall--
                                    (I) be consistent with the Plan and 
                                the programmatic regulations promulgated 
                                under paragraph (3);
                                    (II) describe how each of the 
                                requirements stated in paragraph (3)(B) 
                                is satisfied;
                                    (III) comply with the National 
                                Environmental Policy Act of 1969 (42 
                                U.S.C. 4321 et seq.);

[[Page 114 STAT. 2690]]

                                    (IV) identify the appropriate 
                                quantity, timing, and distribution of 
                                water dedicated and managed for the 
                                natural system;
                                    (V) identify the amount of water to 
                                be reserved or allocated for the natural 
                                system necessary to implement, under 
                                State law, subclauses (IV) and (VI);
                                    (VI) comply with applicable water 
                                quality standards and applicable water 
                                quality permitting requirements under 
                                subsection (b)(2)(A)(ii);
                                    (VII) be based on the best available 
                                science; and
                                    (VIII) include an analysis 
                                concerning the cost-effectiveness and 
                                engineering feasibility of the project.
                    (B) Project cooperation agreements.--
                          (i) In general.--The Secretary and the non-
                      Federal sponsor shall execute project cooperation 
                      agreements in accordance with section 10 of the 
                      Plan.
                          (ii) Condition.--The Secretary shall not 
                      execute a project cooperation agreement until any 
                      reservation or allocation of water for the natural 
                      system identified in the project implementation 
                      report is executed under State law.
                    (C) Operating manuals.--
                          (i) In general.--The Secretary and the non-
                      Federal sponsor shall develop and issue, for each 
                      project or group of projects, an operating manual 
                      that is consistent with the water reservation or 
                      allocation for the natural system described in the 
                      project implementation report and the project 
                      cooperation agreement for the project or group of 
                      projects.
                          (ii) Modifications.--Any significant 
                      modification by the Secretary and the non-Federal 
                      sponsor to an operating manual after the operating 
                      manual is issued shall only be carried out subject 
                      to notice and opportunity for public comment.
            (5) Savings clause.--
                    (A) No elimination or transfer.--Until a new source 
                of water supply of comparable quantity and quality as 
                that available on the date of enactment of this Act is 
                available to replace the water to be lost as a result of 
                implementation of the Plan, the Secretary and the non-
                Federal sponsor shall not eliminate or transfer existing 
                legal sources of water, including those for--
                          (i) an agricultural or urban water supply;
                          (ii) allocation or entitlement to the Seminole 
                      Indian Tribe of Florida under section 7 of the 
                      Seminole Indian Land Claims Settlement Act of 1987 
                      (25 U.S.C. 1772e);
                          (iii) the Miccosukee Tribe of Indians of 
                      Florida;
                          (iv) water supply for Everglades National 
                      Park; or
                          (v) water supply for fish and wildlife.
                    (B) Maintenance of flood protection.--Implementation 
                of the Plan shall not reduce levels of service for flood 
                protection that are--

[[Page 114 STAT. 2691]]

                          (i) in existence on the date of enactment of 
                      this Act; and
                          (ii) in accordance with applicable law.
                    (C) No effect on tribal compact.--Nothing in this 
                section amends, alters, prevents, or otherwise abrogates 
                rights of the Seminole Indian Tribe of Florida under the 
                compact among the Seminole Tribe of Florida, the State, 
                and the South Florida Water Management District, 
                defining the scope and use of water rights of the 
                Seminole Tribe of Florida, as codified by section 7 of 
                the Seminole Indian Land Claims Settlement Act of 1987 
                (25 U.S.C. 1772e).

    (i) Dispute Resolution.--
            (1) In <<NOTE: Deadline. Contracts.>> general.--The 
        Secretary and the Governor shall within 180 days from the date 
        of enactment of this Act develop an agreement for resolving 
        disputes between the Corps of Engineers and the State associated 
        with the implementation of the Plan. Such agreement shall 
        establish a mechanism for the timely and efficient resolution of 
        disputes, including--
                    (A) a preference for the resolution of disputes 
                between the Jacksonville District of the Corps of 
                Engineers and the South Florida Water Management 
                District;
                    (B) a mechanism for the Jacksonville District of the 
                Corps of Engineers or the South Florida Water Management 
                District to initiate the dispute resolution process for 
                unresolved issues;
                    (C) the establishment of appropriate timeframes and 
                intermediate steps for the elevation of disputes to the 
                Governor and the Secretary; and
                    (D) <<NOTE: Deadline.>> a mechanism for the final 
                resolution of disputes, within 180 days from the date 
                that the dispute resolution process is initiated under 
                subparagraph (B).
            (2) Condition for report approval.--The Secretary shall not 
        approve a project implementation report under this section until 
        the agreement established under this subsection has been 
        executed.
            (3) No effect on law.--Nothing in the agreement established 
        under this subsection shall alter or amend any existing Federal 
        or State law, or the responsibility of any party to the 
        agreement to comply with any Federal or State law.

    (j) Independent Scientific Review.--
            (1) In <<NOTE: Establishment.>> general.--The Secretary, the 
        Secretary of the Interior, and the Governor, in consultation 
        with the South Florida Ecosystem Restoration Task Force, shall 
        establish an independent scientific review panel convened by a 
        body, such as the National Academy of Sciences, to review the 
        Plan's progress toward achieving the natural system restoration 
        goals of the Plan.
            (2) Report.--The panel described in paragraph (1) shall 
        produce a biennial report to Congress, the Secretary, the 
        Secretary of the Interior, and the Governor that includes an 
        assessment of ecological indicators and other measures of 
        progress in restoring the ecology of the natural system, based 
        on the Plan.

    (k) Outreach and Assistance.--
            (1) Small business concerns owned and operated by socially 
        and economically disadvantaged individuals.--

[[Page 114 STAT. 2692]]

        In executing the Plan, the Secretary shall ensure that small 
        business concerns owned and controlled by socially and 
        economically disadvantaged individuals are provided 
        opportunities to participate under section 15(g) of the Small 
        Business Act (15 U.S.C. 644(g)).
            (2) Community outreach and education.--
                    (A) In general.--The Secretary shall ensure that 
                impacts on socially and economically disadvantaged 
                individuals, including individuals with limited English 
                proficiency, and communities are considered during 
                implementation of the Plan, and that such individuals 
                have opportunities to review and comment on its 
                implementation.
                    (B) Provision of opportunities.--The Secretary shall 
                ensure, to the maximum extent practicable, that public 
                outreach and educational opportunities are provided, 
                during implementation of the Plan, to the individuals of 
                South Florida, including individuals with limited 
                English proficiency, and in particular for socially and 
                economically disadvantaged communities.

    (l) Report <<NOTE: Effective date. Termination date.>> to 
Congress.--Beginning on October 1, 2005, and periodically thereafter 
until October 1, 2036, the Secretary and the Secretary of the Interior, 
in consultation with the Environmental Protection Agency, the Department 
of Commerce, and the State of Florida, shall jointly submit to Congress 
a report on the implementation of the Plan. Such reports shall be 
completed not less often than every 5 years. Such reports shall include 
a description of planning, design, and construction work completed, the 
amount of funds expended during the period covered by the report 
(including a detailed analysis of the funds expended for adaptive 
assessment under subsection (b)(2)(C)(xi)), and the work anticipated 
over the next 5-year period. In addition, each report shall include--
            (1) the determination of each Secretary, and the 
        Administrator of the Environmental Protection Agency, concerning 
        the benefits to the natural system and the human environment 
        achieved as of the date of the report and whether the completed 
        projects of the Plan are being operated in a manner that is 
        consistent with the requirements of subsection (h);
            (2) progress toward interim goals established in accordance 
        with subsection (h)(3)(B); and
            (3) a review of the activities performed by the Secretary 
        under subsection (k) as they relate to socially and economically 
        disadvantaged individuals and individuals with limited English 
        proficiency.

    (m) Report <<NOTE: Deadline.>> on Aquifer Storage and Recovery 
Project.--Not later than 180 days after the date of enactment of this 
Act, the Secretary shall transmit to Congress a report containing a 
determination as to whether the ongoing Biscayne Aquifer Storage and 
Recovery Program located in Miami-Dade County has a substantial benefit 
to the restoration, preservation, and protection of the South Florida 
ecosystem.

    (n) Full <<NOTE: President.>> Disclosure of Proposed Funding.--
            (1) Funding from all sources.--The President, as part of the 
        annual budget of the United States Government, shall display 
        under the heading ``Everglades Restoration'' all proposed 
        funding for the Plan for all agency programs.

[[Page 114 STAT. 2693]]

            (2) Funding from corps of engineers civil works program.--
        The President, as part of the annual budget of the United States 
        Government, shall display under the accounts ``Construction, 
        General'' and ``Operation and Maintenance, General'' of the 
        title ``Department of Defense--Civil, Department of the Army, 
        Corps of Engineers--Civil'', the total proposed funding level 
        for each account for the Plan and the percentage such level 
        represents of the overall levels in such accounts. The President 
        shall also include an assessment of the impact such funding 
        levels for the Plan would have on the budget year and long-term 
        funding levels for the overall Corps of Engineers civil works 
        program.

    (o) Surplus Federal Lands.--Section 390(f)(2)(A)(i) of the Federal 
Agriculture Improvement and Reform Act of 1996 (110 Stat. 1023) is 
amended by inserting after ``on or after the date of enactment of this 
Act'' the following: ``and before the date of enactment of the Water 
Resources Development Act of 2000''.
    (p) Severability.--If any provision or remedy provided by this 
section is found to be unconstitutional or unenforceable by any court of 
competent jurisdiction, any remaining provisions in this section shall 
remain valid and enforceable.
SEC. 602. SENSE OF CONGRESS CONCERNING HOMESTEAD AIR FORCE BASE.

    (a) Findings.--Congress finds that--
            (1) the Everglades is an American treasure and includes 
        uniquely-important and diverse wildlife resources and 
        recreational opportunities;
            (2) the preservation of the pristine and natural character 
        of the South Florida ecosystem is critical to the regional 
        economy;
            (3) as this legislation demonstrates, Congress believes it 
        to be a vital national mission to restore and preserve this 
        ecosystem and accordingly is authorizing a significant Federal 
        investment to do so;
            (4) Congress seeks to have the remaining property at the 
        former Homestead Air Base conveyed and reused as expeditiously 
        as possible, and several options for base reuse are being 
        considered, including as a commercial airport; and
            (5) Congress is aware that the Homestead site is located in 
        a sensitive environmental location, and that Biscayne National 
        Park is only approximately 1.5 miles to the east, Everglades 
        National Park approximately 8 miles to the west, and the Florida 
        Keys National Marine Sanctuary approximately 10 miles to the 
        south.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) development at the Homestead site could potentially 
        cause significant air, water, and noise pollution and result in 
        the degradation of adjacent national parks and other protected 
        Federal resources;
            (2) in their decisionmaking, the Federal agencies charged 
        with determining the reuse of the remaining property at the 
        Homestead base should carefully consider and weigh all available 
        information concerning potential environmental impacts of 
        various reuse options;
            (3) the redevelopment of the former base should be 
        consistent with restoration goals, provide desirable numbers of

[[Page 114 STAT. 2694]]

        jobs and economic redevelopment for the community, and be 
        consistent with other applicable laws;
            (4) consistent with applicable laws, the Secretary of the 
        Air Force should proceed as quickly as practicable to issue a 
        final SEIS and Record of Decision so that reuse of the former 
        air base can proceed expeditiously;
            (5) following conveyance of the remaining surplus property, 
        the Secretary, as part of his oversight for Everglades 
        restoration, should cooperate with the entities to which the 
        various parcels of surplus property were conveyed so that the 
        planned use of those properties is implemented in such a manner 
        as to remain consistent with the goals of the Everglades 
        restoration plan; and
            (6) <<NOTE: Deadline. Reports.>> not later than August 1, 
        2002, the Secretary should submit a report to the appropriate 
        committees of Congress on actions taken and make any 
        recommendations for consideration by Congress.

     TITLE <<NOTE: Missouri River Protection and Improvement Act of 
2000. Conservation.>> VII--MISSOURI RIVER RESTORATION, NORTH DAKOTA

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Missouri River Protection and 
Improvement Act of 2000''.

SEC. 702. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Missouri River is--
                    (A) an invaluable economic, environmental, 
                recreational, and cultural resource to the people of the 
                United States; and
                    (B) a critical source of water for drinking and 
                irrigation;
            (2) millions of people fish, hunt, and camp along the 
        Missouri River each year;
            (3) thousands of sites of spiritual importance to Native 
        Americans line the shores of the Missouri River;
            (4) the Missouri River provides critical wildlife habitat 
        for threatened and endangered species;
            (5) in 1944, Congress approved the Pick-Sloan program--
                    (A) to promote the general economic development of 
                the United States;
                    (B) to provide for irrigation above Sioux City, 
                Iowa;
                    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and
                    (D) for other purposes;
            (6) the Garrison Dam was constructed on the Missouri River 
        in North Dakota and the Oahe Dam was constructed in South Dakota 
        under the Pick-Sloan program;
            (7) the dams referred to in paragraph (6)--
                    (A) generate low-cost electricity for millions of 
                people in the United States;
                    (B) provide revenue to the Treasury; and
                    (C) provide flood control that has prevented 
                billions of dollars of damage;

[[Page 114 STAT. 2695]]

            (8) the Garrison and Oahe Dams have reduced the ability of 
        the Missouri River to carry sediment downstream, resulting in 
        the accumulation of sediment in the reservoirs known as Lake 
        Sakakawea and Lake Oahe;
            (9) the sediment depositions--
                    (A) cause shoreline flooding;
                    (B) destroy wildlife habitat;
                    (C) limit recreational opportunities;
                    (D) threaten the long-term ability of dams to 
                provide hydropower and flood control under the Pick-
                Sloan program;
                    (E) reduce water quality; and
                    (F) threaten intakes for drinking water and 
                irrigation; and
            (10) to meet the objectives established by Congress for the 
        Pick-Sloan program, it is necessary to establish a Missouri 
        River Restoration Program--
                    (A) to improve conservation;
                    (B) to reduce the deposition of sediment; and
                    (C) to take other steps necessary for proper 
                management of the Missouri River.

    (b) Purposes.--The purposes of this title are--
            (1) to reduce the siltation of the Missouri River in the 
        State of North Dakota;
            (2) to meet the objectives of the Pick-Sloan program by 
        developing and implementing a long-term strategy--
                    (A) to improve conservation in the Missouri River 
                watershed;
                    (B) to protect recreation on the Missouri River from 
                sedimentation;
                    (C) to improve water quality in the Missouri River;
                    (D) to improve erosion control along the Missouri 
                River; and
                    (E) to protect Indian and non-Indian historical and 
                cultural sites along the Missouri River from erosion; 
                and
            (3) to meet the objectives described in paragraphs (1) and 
        (2) by developing and financing new programs in accordance with 
        the plan.

SEC. 703. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Pick-sloan program.--The term ``Pick-Sloan program'' 
        means the Pick-Sloan Missouri River Basin Program authorized by 
        section 9 of the Flood Control Act of December 22, 1944 (58 
        Stat. 891).
            (2) Plan.--The term ``plan'' means the plan for the use of 
        funds made available by this title that is required to be 
        prepared under section 705(e).
            (3) State.--The term ``State'' means the State of North 
        Dakota.
            (4) Task force.--The term ``Task Force'' means the North 
        Dakota Missouri River Task Force established by section 705(a).
            (5) Trust.--The term ``Trust'' means the North Dakota 
        Missouri River Trust established by section 704(a).

SEC. 704. MISSOURI RIVER TRUST.

    (a) Establishment.--There is established a committee to be known as 
the North Dakota Missouri River Trust.

[[Page 114 STAT. 2696]]

    (b) Membership.--The Trust shall be composed of 16 members to be 
appointed by the Secretary, including--
            (1) 12 members recommended by the Governor of North Dakota 
        that--
                    (A) represent equally the various interests of the 
                public; and
                    (B) include representatives of--
                          (i) the North Dakota Department of Health;
                          (ii) the North Dakota Department of Parks and 
                      Recreation;
                          (iii) the North Dakota Department of Game and 
                      Fish;
                          (iv) the North Dakota State Water Commission;
                          (v) the North Dakota Indian Affairs 
                      Commission;
                          (vi) agriculture groups;
                          (vii) environmental or conservation 
                      organizations;
                          (viii) the hydroelectric power industry;
                          (ix) recreation user groups;
                          (x) local governments; and
                          (xi) other appropriate interests;
            (2) 4 members representing each of the 4 Indian tribes in 
        the State of North Dakota.

SEC. 705. MISSOURI RIVER TASK FORCE.

    (a) Establishment.--There is established the Missouri River Task 
Force.
    (b) Membership.--The Task Force shall be composed of--
            (1) the Secretary (or a designee), who shall serve as 
        Chairperson;
            (2) the Secretary of Agriculture (or a designee);
            (3) the Secretary of Energy (or a designee);
            (4) the Secretary of the Interior (or a designee); and
            (5) the Trust.

    (c) Duties.--The Task Force shall--
            (1) meet at least twice each year;
            (2) vote on approval of the plan, with approval requiring 
        votes in favor of the plan by a majority of the members;
            (3) review projects to meet the goals of the plan; and
            (4) recommend to the Secretary critical projects for 
        implementation.

    (d) Assessment.--
            (1) In <<NOTE: Deadline. Reports.>> general.--Not later than 
        18 months after the date on which funding authorized under this 
        title becomes available, the Secretary shall transmit to the 
        other members of the Task Force a report on--
                    (A) the impact of the siltation of the Missouri 
                River in the State, including the impact on--
                          (i) the Federal, State, and regional 
                      economies;
                          (ii) recreation;
                          (iii) hydropower generation;
                          (iv) fish and wildlife; and
                          (v) flood control;
                    (B) the status of Indian and non-Indian historical 
                and cultural sites along the Missouri River;
                    (C) the extent of erosion along the Missouri River 
                (including tributaries of the Missouri River) in the 
                State; and

[[Page 114 STAT. 2697]]

                    (D) other issues, as requested by the Task Force.
            (2) Consultation.--In preparing the report under paragraph 
        (1), the Secretary shall consult with--
                    (A) the Secretary of Energy;
                    (B) the Secretary of the Interior;
                    (C) the Secretary of Agriculture;
                    (D) the State; and
                    (E) Indian tribes in the State.

    (e) Plan for Use of Funds Made Available by This Title.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 3 years 
        after the date on which funding authorized under this title 
        becomes available, the Task Force shall prepare a plan for the 
        use of funds made available under this title.
            (2) Contents of plan.--The plan shall provide for the manner 
        in which the Task Force shall develop and recommend critical 
        restoration projects to promote--
                    (A) conservation practices in the Missouri River 
                watershed;
                    (B) the general control and removal of sediment from 
                the Missouri River;
                    (C) the protection of recreation on the Missouri 
                River from sedimentation;
                    (D) the protection of Indian and non-Indian 
                historical and cultural sites along the Missouri River 
                from erosion;
                    (E) erosion control along the Missouri River; or
                    (F) any combination of the activities described in 
                subparagraphs (A) through (E).
            (3) Plan <<NOTE: Public information.>> review and 
        revision.--
                    (A) In general.--The Task Force shall make a copy of 
                the plan available for public review and comment before 
                the plan becomes final in accordance with procedures 
                established by the Task Force.
                    (B) Revision of plan.--
                          (i) In general.--The Task Force may, on an 
                      annual basis, revise the plan.
                          (ii) Public review and comment.--In revising 
                      the plan, the Task Force shall provide the public 
                      the opportunity to review and comment on any 
                      proposed revision to the plan.

    (f) Critical Restoration Projects.--
            (1) In general.--After the plan is approved by the Task 
        Force under subsection (c)(2), the Secretary, in coordination 
        with the Task Force, shall identify critical restoration 
        projects to carry out the plan.
            (2) Agreement.--The Secretary may carry out a critical 
        restoration project after entering into an agreement with an 
        appropriate non-Federal interest in accordance with section 221 
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this 
        section.
            (3) Indian projects.--To the maximum extent practicable, the 
        Secretary shall ensure that not less than 30 percent of the 
        funds made available for critical restoration projects under 
        this title shall be used exclusively for projects that are--
                    (A) within the boundary of an Indian reservation; or
                    (B) administered by an Indian tribe.

    (g) Cost Sharing.--
            (1) Assessment.--

[[Page 114 STAT. 2698]]

                    (A) Federal share.--The Federal share of the cost of 
                carrying out the assessment under subsection (d) shall 
                be 75 percent.
                    (B) Non-federal share.--The non-Federal share of the 
                cost of carrying out the assessment may be provided in 
                the form of services, materials, or other in-kind 
                contributions.
            (2) Plan.--
                    (A) Federal share.--The Federal share of the cost of 
                preparing the plan shall be 75 percent.
                    (B) Non-federal share.--Not more than 50 percent of 
                the non-Federal share of the cost of preparing the plan 
                may be provided in the form of services, materials, or 
                other in-kind contributions.
            (3) Critical restoration projects.--
                    (A) In general.--A non-Federal cost share shall be 
                required to carry out any project under subsection (f) 
                that does not primarily benefit the Federal Government, 
                as determined by the Task Force.
                    (B) Federal share.--The Federal share of the cost of 
                carrying out a project under subsection (f) for which 
                the Task Force requires a non-Federal cost share under 
                subparagraph (A) shall be 65 percent, not to exceed 
                $5,000,000 for any project.
                    (C) Non-federal share.--
                          (i) In general.--Not more than 50 percent of 
                      the non-Federal share of the cost of carrying out 
                      a project described in subparagraph (B) may be 
                      provided in the form of services, materials, or 
                      other in-kind contributions.
                          (ii) Required non-federal contributions.--For 
                      any project described in subparagraph (B), the 
                      non-Federal interest shall--
                                    (I) provide all land, easements, 
                                rights-of-way, dredged material disposal 
                                areas, and relocations;
                                    (II) pay all operation, maintenance, 
                                replacement, repair, and rehabilitation 
                                costs; and
                                    (III) hold the United States 
                                harmless from all claims arising from 
                                the construction, operation, and 
                                maintenance of the project.
                          (iii) Credit.--The Secretary shall credit the 
                      non-Federal interest for all contributions 
                      provided under clause (ii)(I).

SEC. 706. ADMINISTRATION.

    (a) In General.--Nothing in this title diminishes or affects--
            (1) any water right of an Indian tribe;
            (2) any other right of an Indian tribe, except as 
        specifically provided in another provision of this title;
            (3) any treaty right that is in effect on the date of 
        enactment of this Act;
            (4) any external boundary of an Indian reservation of an 
        Indian tribe;
            (5) any authority of the State that relates to the 
        protection, regulation, or management of fish, terrestrial 
        wildlife, and cultural and archaeological resources, except as 
        specifically provided in this title; or

[[Page 114 STAT. 2699]]

            (6) any authority of the Secretary, the Secretary of the 
        Interior, or the head of any other Federal agency under a law in 
        effect on the date of enactment of this Act, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.);
                    (C) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (D) the Act entitled ``An Act for the protection of 
                the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 
                et seq.);
                    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (F) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (G) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (H) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (I) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.); and
                    (J) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).

    (b) Federal Liability for Damage.--Nothing in this title relieves 
the Federal Government of liability for damage to private property 
caused by the operation of the Pick-Sloan program.
    (c) Flood Control.--Notwithstanding any other provision of this 
title, the Secretary shall retain the authority to operate the Pick-
Sloan program for the purposes of meeting the requirements of the Flood 
Control Act of December 22, 1944 (33 U.S.C. 701-1 et seq.; 58 Stat. 
887).
    (d) Use of Funds.--Funds transferred to the Trust may be used to pay 
the non-Federal share required under Federal programs.

SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this title $5,000,000 for each of fiscal years 
2001 through 2005. Such sums shall remain available until expended.
    (b) Existing Programs.--The Secretary shall fund programs authorized 
under the Pick-Sloan program in existence on the date of enactment of 
this Act at levels that are not less than funding levels for those 
programs as of that date.

 TITLE <<NOTE: Charles M. Russell National Wildlife Refuge Enhancement 
    Act of 2000. Montana. 16 USC 668dd note.>> VIII--WILDLIFE REFUGE 
ENHANCEMENT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Charles M. Russell National 
Wildlife Refuge Enhancement Act of 2000''.

SEC. 802. PURPOSE.

    The purpose of this title is to direct the Secretary, working with 
the Secretary of the Interior, to convey cabin sites at Fort Peck Lake, 
Montana, and to acquire land with greater wildlife

[[Page 114 STAT. 2700]]

and other public value for the Charles M. Russell National Wildlife 
Refuge, to--
            (1) better achieve the wildlife conservation purposes for 
        which the Refuge was established;
            (2) protect additional fish and wildlife habitat in and 
        adjacent to the Refuge;
            (3) enhance public opportunities for hunting, fishing, and 
        other wildlife-dependent activities;
            (4) improve management of the Refuge; and
            (5) reduce Federal expenditures associated with the 
        administration of cabin site leases.

SEC. 803. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Association.--The term ``Association'' means the Fort 
        Peck Lake Association.
            (2) Cabin site.--
                    (A) In general.--The term ``cabin site'' means a 
                parcel of property within the Fort Peck, Hell Creek, 
                Pines, or Rock Creek Cabin Areas that is--
                          (i) managed by the Corps of Engineers;
                          (ii) located in or near the eastern portion of 
                      Fort Peck Lake, Montana; and
                          (iii) leased for single family use or 
                      occupancy.
                    (B) Inclusions.--The term ``cabin site'' includes 
                all right, title, and interest of the United States in 
                and to the property, including--
                          (i) any permanent easement that is necessary 
                      to provide vehicular and utility access to the 
                      cabin site;
                          (ii) the right to reconstruct, operate, and 
                      maintain an easement described in clause (i); and
                          (iii) any adjacent parcel of land that the 
                      Secretary determines should be conveyed under 
                      section 804(c)(1).
            (3) Cabin site area.--
                    (A) In general.--The term ``cabin site area'' means 
                a portion of the Fort Peck, Hell Creek, Pines, or Rock 
                Creek Cabin Areas referred to in paragraph (2) that is 
                occupied by 1 or more cabin sites.
                    (B) Inclusion.--The term ``cabin site area'' 
                includes such immediately adjacent land, if any, as is 
                needed for the cabin site area to exist as a generally 
                contiguous parcel of land and for each cabin site in the 
                cabin site area to meet the requirements of section 
                804(e)(1), as determined by the Secretary, with the 
                concurrence of the Secretary of the Interior.
            (4) Land.--The term ``land'' means land or an interest in 
        land.
            (5) Lessee.--The term ``lessee'' means a person that is 
        leasing a cabin site.
            (6) Refuge.--The term ``Refuge'' means the Charles M. 
        Russell National Wildlife Refuge in the State of Montana.

SEC. 804. CONVEYANCE OF CABIN SITES.

    (a) In General.--
            (1) Prohibition.--As soon as practicable after the date of 
        enactment of this Act, the Secretary and the Secretary of the 
        Interior shall prohibit the issuance of new cabin site leases 
        within the Refuge, except as is necessary to consolidate with,

[[Page 114 STAT. 2701]]

        or substitute for, an existing cabin site lease under paragraph 
        (2).
            (2) Determination; <<NOTE: Deadline.>> notice.--Not later 
        than 1 year after the date of enactment of this Act, and before 
        proceeding with any exchange under this title, the Secretary 
        shall--
                    (A)(i) with the concurrence of the Secretary of the 
                Interior, determine individual cabin sites that are not 
                suitable for conveyance to a lessee because the cabin 
                sites are isolated so that conveyance of 1 or more of 
                the cabin sites would create an inholding that would 
                impair management of the Refuge; and
                    (ii) with the concurrence of the Secretary of the 
                Interior and the lessee, determine individual cabin 
                sites that are not suitable for conveyance to a lessee 
                for any other reason that adversely impacts the future 
                habitability of the cabin sites; and
                    (B) provide written notice to each lessee that 
                specifies any requirements concerning the form of a 
                notice of interest in acquiring a cabin site that the 
                lessee may submit under subsection (b)(1) and an 
                estimate of the portion of administrative costs that 
                would be required to be reimbursed to the Secretary 
                under section 808(b), to--
                          (i) determine whether the lessee is interested 
                      in acquiring the cabin site area of the lessee; 
                      and
                          (ii) inform each lessee of the rights of the 
                      lessee under this title.
            (3) Offer of comparable cabin site.--If the Secretary 
        determines that a cabin site is not suitable for conveyance to a 
        lessee under paragraph (2)(A), the Secretary, in consultation 
        with the Secretary of the Interior, shall offer to the lessee 
        the opportunity to acquire a comparable cabin site within the 
        same cabin site area.

    (b) Response.--
            (1) Notice of interest.--
                    (A) In <<NOTE: Deadline.>> general.--Not later than 
                July 1, 2003, a lessee shall notify the Secretary in 
                writing of an interest in acquiring the cabin site of 
                the lessee.
                    (B) Form.--The notice under this paragraph shall be 
                submitted in such form as is required by the Secretary 
                under subsection (a)(2)(B).
            (2) Unpurchased cabin sites.--If the Secretary receives no 
        notice of interest or offer to purchase a cabin site from the 
        lessee under paragraph (1) or the lessee declines an opportunity 
        to purchase a comparable cabin site under subsection (a)(3), the 
        cabin site shall be subject to sections 805 and 806.

    (c) Process.--After providing notice to a lessee under subsection 
(a)(2)(B), the Secretary, with the concurrence of the Secretary of the 
Interior, shall--
            (1) determine whether any small parcel of land adjacent to 
        any cabin site (not including shoreline or land needed to 
        provide public access to the shoreline of Fort Peck Lake) should 
        be conveyed as part of the cabin site to--
                    (A) protect water quality;
                    (B) eliminate an inholding; or
                    (C) facilitate administration of the land remaining 
                in Federal ownership;

[[Page 114 STAT. 2702]]

            (2) if the Secretary and the Secretary of the Interior 
        determine that a conveyance should be completed under paragraph 
        (1), provide notice of the intent of the Secretary to complete 
        the conveyance to the lessee of each affected cabin site;
            (3) survey each cabin site to determine the acreage and 
        legal description of the cabin site area, including land 
        identified under paragraph (1);
            (4) take such actions as are necessary to ensure compliance 
        with all applicable environmental laws;
            (5) prepare permanent easements or deed restrictions to be 
        enforceable by the Secretary of the Interior or an acceptable 
        third party, to be placed on a cabin site before conveyance out 
        of Federal ownership in order to--
                    (A) comply with the Act of May 18, 1938 (16 U.S.C. 
                833 et seq.);
                    (B) comply with any other laws (including 
                regulations);
                    (C) ensure the maintenance of existing and adequate 
                public access to and along Fort Peck Lake;
                    (D) limit future uses of the cabin site to--
                          (i) noncommercial, single-family use; and
                          (ii) the type and intensity of use of the 
                      cabin site as of the date of enactment of this 
                      Act; and
                    (E) maintain the values of the Refuge; and
            (6) conduct an appraisal of each cabin site (including any 
        expansion of the cabin site under paragraph (1)) that--
                    (A) is carried out in accordance with the Uniform 
                Appraisal Standards for Federal Land Acquisition;
                    (B) excludes the value of any private improvement to 
                the cabin site; and
                    (C) takes into consideration--
                          (i) any easement or deed restriction 
                      determined to be necessary under paragraph (5) and 
                      subsection (h); and
                          (ii) the definition of ``cabin site'' under 
                      section 803(2).

    (d) Consultation and Public Involvement.--The Secretary shall--
            (1) carry out subsections (b) and (c) in consultation with--
                    (A) affected lessees;
                    (B) affected counties in the State of Montana; and
                    (C) the Association; and
            (2) hold public hearings, and provide all interested parties 
        with notice and an opportunity to comment, on the activities 
        carried out under this section.

    (e) Conveyance.--Subject to subsections (h) and (i) and section 
808(b), the Secretary or, if necessary, the Secretary of the Interior 
shall convey a cabin site by individual patent or deed to the lessee 
under this title--
            (1) if the cabin site complies with Federal, State, and 
        county septic and water quality laws (including regulations);
            (2) if the lessee complies with other requirements of this 
        section; and
            (3) after receipt of the payment from the lessee for the 
        cabin site of an amount equal to the sum of--
                    (A) the appraised fair market value of the cabin 
                site as determined in accordance with subsection (c)(6); 
                and

[[Page 114 STAT. 2703]]

                    (B) the administrative costs required to be 
                reimbursed under section 808.

    (f) Vehicular Access.--
            (1) In general.--Nothing in this title authorizes any 
        addition to or improvement of vehicular access to a cabin site.
            (2) Construction.--The Secretary and the Secretary of the 
        Interior--
                    (A) shall not construct any road for the sole 
                purpose of providing access to land conveyed under this 
                section; and
                    (B) shall be under no obligation to service or 
                maintain any existing road used primarily for access to 
                that land (or to a cabin site).
            (3) Offer to convey.--The Secretary, with the concurrence of 
        the Secretary of the Interior, may offer to convey to the State 
        of Montana, any political subdivision of the State of Montana, 
        or the Association, any road determined by the Secretary to 
        primarily service the land conveyed under this section.

    (g) Utilities and Infrastructure.--
            (1) In general.--The purchaser of a cabin site shall be 
        responsible for acquiring or securing the use of all utilities 
        and infrastructure necessary to support the cabin site.
            (2) No federal assistance.--The Secretary and the Secretary 
        of the Interior shall not provide any utilities or 
        infrastructure to the cabin site.

    (h) Easements and Deed Restrictions.--
            (1) In general.--Before conveying any cabin site under 
        subsection (e), the Secretary, with the concurrence of the 
        Secretary of the Interior, shall ensure that the deed of 
        conveyance--
                    (A) includes such easements and deed restrictions as 
                are determined, under subsection (c), to be necessary; 
                and
                    (B) makes the easements and deed restrictions 
                binding on all subsequent purchasers of the cabin site.
            (2) Reservation of rights.--The Secretary may reserve the 
        perpetual right, power, privilege, and easement to permanently 
        overflow, flood, submerge, saturate, percolate, or erode a cabin 
        site (or any portion of a cabin site) that the Secretary 
        determines is necessary in the operation of the Fort Peck Dam.

    (i) No Conveyance of Unsuitable Cabin Sites.--A cabin site that is 
determined to be unsuitable for conveyance under subsection (a)(2)(A) 
shall not be conveyed by the Secretary or the Secretary of the Interior 
under this section.
    (j) Identification of Land for Exchange.--
            (1) In general.--As soon as practicable after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        identify land that may be acquired that meets the purposes of 
        this title specified in paragraphs (1) through (4) of section 
        802 and for which 1 or more willing sellers exist.
            (2) Appraisal.--On a request by a willing seller, the 
        Secretary of the Interior shall appraise the land identified 
        under paragraph (1).
            (3) Acquisition.--If the Secretary of the Interior 
        determines that the acquisition of the land would meet the 
        purposes of this title specified in paragraphs (1) through (4) 
        of section 802, the Secretary of the Interior shall cooperate 
        with the

[[Page 114 STAT. 2704]]

        willing seller to facilitate the acquisition of the land in 
        accordance with section 807.
            (4) Public participation.--The Secretary of the Interior 
        shall hold public hearings, and provide all interested parties 
        with notice and an opportunity to comment, on the activities 
        carried out under this section.

SEC. 805. RIGHTS OF NONPARTICIPATING LESSEES.

    (a) Continuation of Lease.--
            (1) In general.--A lessee that does not provide the 
        Secretary with an offer to acquire the cabin site of the lessee 
        under section 804 (including a lessee who declines an offer of a 
        comparable cabin site under section 804(a)(3)) may elect to 
        continue to lease the cabin site for the remainder of the 
        current term of the lease, which, except as provided in 
        paragraph (2), shall not be renewed or otherwise extended.
            (2) Expiration before 2010.--If the current term of a lessee 
        described in paragraph (1) expires or is scheduled to expire 
        before 2010, the Secretary shall offer to extend or renew the 
        lease through 2010.

    (b) Improvements.--Any improvements and personal property of the 
lessee that are not removed from the cabin site before the termination 
of the lease shall be considered property of the United States in 
accordance with the provisions of the lease.
    (c) Option To Purchase.--Subject to subsections (d) and (e) and 
section 808(b), if at any time before termination of the lease, a lessee 
described in subsection (a)(1)--
            (1) notifies the Secretary of the intent of the lessee to 
        purchase the cabin site of the lessee; and
            (2) pays for an updated appraisal of the cabin site in 
        accordance with section 804(c)(6);

the Secretary or, if necessary, the Secretary of the Interior shall 
convey the cabin site to the lessee, by individual patent or deed, on 
receipt of payment from the lessee for the cabin site of an amount equal 
to the sum of the appraised fair market value of the cabin site, as 
determined by the updated appraisal, and the administrative costs 
required to be reimbursed under section 808.
    (d) Easements and Deed Restrictions.--Before conveying any cabin 
site under subsection (c), the Secretary, with the concurrence of the 
Secretary of the Interior, shall ensure that the deed of conveyance--
            (1) includes such easements and deed restrictions as are 
        determined, under section 804(c), to be necessary; and
            (2) makes the easements and deed restrictions binding on all 
        subsequent purchasers of the cabin site.

    (e) No Conveyance of Unsuitable Cabin Sites.--A cabin site that is 
determined to be unsuitable for conveyance under subsection 804(a)(2)(A) 
shall not be conveyed by the Secretary or the Secretary of the Interior 
under this section.
    (f) Report.--Not <<NOTE: Deadline.>> later than July 1, 2003, the 
Secretary shall submit to Congress a report that--
            (1) describes progress made in implementing this title; and
            (2) identifies cabin owners that have filed a notice of 
        interest under section 804(b) and have declined an opportunity 
        to acquire a comparable cabin site under section 804(a)(3).

[[Page 114 STAT. 2705]]

SEC. 806. CONVEYANCE TO THIRD PARTIES.

    (a) Conveyances to Third Parties.--As soon as practicable after the 
expiration or surrender of a lease, the Secretary, with the concurrence 
of the Secretary of the Interior, may offer for sale, by public auction, 
written invitation, or other competitive sales procedure, and at the 
fair market value of the cabin site determined under section 804(c)(6), 
any cabin site that--
            (1) is not conveyed to a lessee under this title; and
            (2) has not been determined to be unsuitable for conveyance 
        under section 804(a)(2)(A).

    (b) Easements and Deed Restrictions.--Before conveying any cabin 
site under subsection (a), the Secretary, with the concurrence of the 
Secretary of the Interior, shall ensure that the deed of conveyance--
            (1) includes such easements and deed restrictions as are 
        determined, under section 804(c), to be necessary; and
            (2) makes the easements and deed restrictions binding on all 
        subsequent purchasers of the cabin site.

    (c) Management of Remaining Land Within Cabin Site Areas.--
            (1) Management by the secretary.--All land within the outer 
        boundaries of a cabin site area that is not conveyed under this 
        Act shall be managed by the Secretary, in consultation with the 
        Secretary of the Interior, in substantially the same manner as 
        that land is managed on the date of enactment of this Act and 
        consistent with the purposes for which the Refuge was 
        established.
            (2) Construction and development.--The Secretary shall not 
        initiate or authorize any development or construction on land 
        under paragraph (1) except with the concurrence of the Secretary 
        of the Interior.

SEC. 807. USE OF PROCEEDS.

    (a) Proceeds.--All payments for the conveyance of cabin sites under 
this title, except costs reimbursed to the Secretary under section 
808(b)--
            (1) shall be deposited in a special fund within the Montana 
        Fish and Wildlife Conservation Trust established under section 
        1007 of division C of the Omnibus Consolidated and Emergency 
        Supplemental Appropriations Act, 1999 (112 Stat. 2681-715) (as 
        amended by title IV of H.R. 3425 of the 106th Congress, as 
        enacted by section 1000(a)(5) of Public Law 106-113 (113 Stat. 
        1536, 1501A-307); and
            (2) notwithstanding title X of division C of the Omnibus 
        Consolidated and Emergency Supplemental Appropriations Act, 1999 
        (112 Stat. 2681-710), shall be available for use by the 
        Secretary of the Interior, acting through the Director of the 
        United States Fish and Wildlife Service in the Director's sole 
        discretion and without further Act of appropriation, solely for 
        the acquisition from willing sellers of property that--
                    (A) is within or adjacent to the Refuge;
                    (B) would be suitable to carry out the purposes of 
                this title specified in paragraphs (1) through (4) of 
                section 802; and

[[Page 114 STAT. 2706]]

                    (C) on acquisition by the Secretary of the Interior, 
                would be accessible to the general public for use in 
                conducting activities consistent with approved uses of 
                the Refuge.

    (b) Limitations.--
            (1) In general.--To the extent practicable, acquisitions 
        under this title shall be of land within the Refuge.
            (2) No effect on acquisition.--Nothing in this subsection 
        limits the ability of the Secretary of the Interior to acquire 
        land adjacent to the Refuge from a willing seller in cases in 
        which the Secretary of the Interior also acquires land within 
        the Refuge from the same willing seller.

SEC. 808. ADMINISTRATIVE COSTS.

    (a) In General.--Except as provided in subsection (b), the Secretary 
shall pay all administrative costs incurred in carrying out this title.
    (b) Reimbursement.--As a condition of the conveyance of any cabin 
site area under this title, the Secretary or the Secretary of the 
Interior--
            (1) may require the party to whom the property is conveyed 
        to reimburse the Secretary or the Secretary of the Interior for 
        a reasonable portion, as determined by the Secretary or the 
        Secretary of the Interior, of the direct administrative costs 
        (including survey costs) incurred in carrying out conveyance 
        activities under this title, taking into consideration any cost 
        savings achieved as a result of the party's agreeing to purchase 
        its cabin site as part of a single transaction for the 
        conveyance of multiple cabin sites; and
            (2) shall require the party to whom the property is conveyed 
        to reimburse the Association for a proportionate share of the 
        costs (including interest) incurred by the Association in 
        carrying out transactions under this title.

SEC. 809. REVOCATION OF WITHDRAWALS.

    (a) In General.--Upon execution of any patent or deed, by the 
Secretary or the Secretary of the Interior, conveying land as 
specifically authorized by this title, any public land withdrawal 
affecting the land described in the conveyance document as being 
conveyed shall be revoked with respect to that land.
    (b) Exclusions.--Nothing in this section affects--
            (1) the status of any public land withdrawal on land 
        retained by the Secretary or the Secretary of the Interior;
            (2) the boundary of the Refuge as established by Executive 
        Order No. 7509 (December 11, 1936); or
            (3) enforcement of any right retained by the United States.

    (c) Reinstatement.--If, at any time after the date of enactment of 
this Act, the Secretary or the Secretary of the Interior reacquires land 
conveyed under this title, any public land withdrawal revoked under this 
section shall be reinstated with respect to the reacquired land.

SEC. 810. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.

[[Page 114 STAT. 2707]]

            TITLE <<NOTE: Missouri River Restoration Act of 
2000. Conservation.>> IX--MISSOURI RIVER RESTORATION, SOUTH DAKOTA

SEC. 901. SHORT TITLE.

    This title may be cited as the ``Missouri River Restoration Act of 
2000''.

SEC. 902. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the Missouri River is--
                    (A) an invaluable economic, environmental, 
                recreational, and cultural resource to the people of the 
                United States; and
                    (B) a critical source of water for drinking and 
                irrigation;
            (2) millions of people fish, hunt, and camp along the 
        Missouri River each year;
            (3) thousands of sites of spiritual importance to Native 
        Americans line the shores of the Missouri River;
            (4) the Missouri River provides critical wildlife habitat 
        for threatened and endangered species;
            (5) in 1944, Congress approved the Pick-Sloan program--
                    (A) to promote the general economic development of 
                the United States;
                    (B) to provide for irrigation above Sioux City, 
                Iowa;
                    (C) to protect urban and rural areas from 
                devastating floods of the Missouri River; and
                    (D) for other purposes;
            (6) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams 
        were constructed on the Missouri River in South Dakota under the 
        Pick-Sloan program;
            (7) the dams referred to in paragraph (6)--
                    (A) generate low-cost electricity for millions of 
                people in the United States;
                    (B) provide revenue to the Treasury; and
                    (C) provide flood control that has prevented 
                billions of dollars of damage;
            (8) the Oahe, Big Bend, Fort Randall, and Gavins Point Dams 
        have reduced the ability of the Missouri River to carry sediment 
        downstream, resulting in the accumulation of sediment in the 
        reservoirs known as Lake Oahe, Lake Sharpe, Lake Francis Case, 
        and Lewis and Clark Lake;
            (9) the sediment depositions--
                    (A) cause shoreline flooding;
                    (B) destroy wildlife habitat;
                    (C) limit recreational opportunities;
                    (D) threaten the long-term ability of dams to 
                provide hydropower and flood control under the Pick-
                Sloan program;
                    (E) reduce water quality; and
                    (F) threaten intakes for drinking water and 
                irrigation; and
            (10) to meet the objectives established by Congress for the 
        Pick-Sloan program, it is necessary to establish a Missouri 
        River Restoration Program--
                    (A) to improve conservation;

[[Page 114 STAT. 2708]]

                    (B) to reduce the deposition of sediment; and
                    (C) to take other steps necessary for proper 
                management of the Missouri River.

    (b) Purposes.--The purposes of this title are--
            (1) to reduce the siltation of the Missouri River in the 
        State of South Dakota;
            (2) to meet the objectives of the Pick-Sloan program by 
        developing and implementing a long-term strategy--
                    (A) to improve conservation in the Missouri River 
                watershed;
                    (B) to protect recreation on the Missouri River from 
                sedimentation;
                    (C) to improve water quality in the Missouri River;
                    (D) to improve erosion control along the Missouri 
                River; and
                    (E) to protect Indian and non-Indian historical and 
                cultural sites along the Missouri River from erosion; 
                and
            (3) to meet the objectives described in paragraphs (1) and 
        (2) by developing and financing new programs in accordance with 
        the plan.

SEC. 903. DEFINITIONS.

    In this title, the following definitions apply:
            (1) Pick-sloan program.--The term ``Pick-Sloan program'' 
        means the Pick-Sloan Missouri River Basin Program authorized by 
        section 9 of the Flood Control Act of December 22, 1944 (58 
        Stat. 891).
            (2) Plan.--The term ``plan'' means the plan for the use of 
        funds made available by this title that is required to be 
        prepared under section 905(e).
            (3) State.--The term ``State'' means the State of South 
        Dakota.
            (4) Task force.--The term ``Task Force'' means the Missouri 
        River Task Force established by section 905(a).
            (5) Trust.--The term ``Trust'' means the Missouri River 
        Trust established by section 904(a).

SEC. 904. MISSOURI RIVER TRUST.

    (a) Establishment.--There is established a committee to be known as 
the Missouri River Trust.
    (b) Membership.--The Trust shall be composed of 25 members to be 
appointed by the Secretary, including--
            (1) 15 members recommended by the Governor of South Dakota 
        that--
                    (A) represent equally the various interests of the 
                public; and
                    (B) include representatives of--
                          (i) the South Dakota Department of Environment 
                      and Natural Resources;
                          (ii) the South Dakota Department of Game, 
                      Fish, and Parks;
                          (iii) environmental groups;
                          (iv) the hydroelectric power industry;
                          (v) local governments;
                          (vi) recreation user groups;
                          (vii) agricultural groups; and
                          (viii) other appropriate interests;

[[Page 114 STAT. 2709]]

            (2) 9 members, 1 of each of whom shall be recommended by 
        each of the 9 Indian tribes in the State of South Dakota; and
            (3) 1 member recommended by the organization known as the 
        ``Three Affiliated Tribes of North Dakota'' (composed of the 
        Mandan, Hidatsa, and Arikara tribes).

SEC. 905. MISSOURI RIVER TASK FORCE.

    (a) Establishment.--There is established the Missouri River Task 
Force.
    (b) Membership.--The Task Force shall be composed of--
            (1) the Secretary (or a designee), who shall serve as 
        Chairperson;
            (2) the Secretary of Agriculture (or a designee);
            (3) the Secretary of Energy (or a designee);
            (4) the Secretary of the Interior (or a designee); and
            (5) the Trust.

    (c) Duties.--The Task Force shall--
            (1) meet at least twice each year;
            (2) vote on approval of the plan, with approval requiring 
        votes in favor of the plan by a majority of the members;
            (3) review projects to meet the goals of the plan; and
            (4) recommend to the Secretary critical projects for 
        implementation.

    (d) Assessment.--
            (1) In <<NOTE: Deadline. Reports.>> general.--Not later than 
        18 months after the date on which funding authorized under this 
        title becomes available, the Secretary shall submit to the other 
        members of the Task Force a report on--
                    (A) the impact of the siltation of the Missouri 
                River in the State, including the impact on--
                          (i) the Federal, State, and regional 
                      economies;
                          (ii) recreation;
                          (iii) hydropower generation;
                          (iv) fish and wildlife; and
                          (v) flood control;
                    (B) the status of Indian and non-Indian historical 
                and cultural sites along the Missouri River;
                    (C) the extent of erosion along the Missouri River 
                (including tributaries of the Missouri River) in the 
                State; and
                    (D) other issues, as requested by the Task Force.
            (2) Consultation.--In preparing the report under paragraph 
        (1), the Secretary shall consult with--
                    (A) the Secretary of Energy;
                    (B) the Secretary of the Interior;
                    (C) the Secretary of Agriculture;
                    (D) the State; and
                    (E) Indian tribes in the State.

    (e) Plan for Use of Funds Made Available by This Title.--
            (1) In <<NOTE: Deadline.>> general.--Not later than 3 years 
        after the date on which funding authorized under this title 
        becomes available, the Task Force shall prepare a plan for the 
        use of funds made available under this title.
            (2) Contents of plan.--The plan shall provide for the manner 
        in which the Task Force shall develop and recommend critical 
        restoration projects to promote--

[[Page 114 STAT. 2710]]

                    (A) conservation practices in the Missouri River 
                watershed;
                    (B) the general control and removal of sediment from 
                the Missouri River;
                    (C) the protection of recreation on the Missouri 
                River from sedimentation;
                    (D) the protection of Indian and non-Indian 
                historical and cultural sites along the Missouri River 
                from erosion;
                    (E) erosion control along the Missouri River; or
                    (F) any combination of the activities described in 
                subparagraphs (A) through (E).
            (3) Plan <<NOTE: Public information.>> review and 
        revision.--
                    (A) In general.--The Task Force shall make a copy of 
                the plan available for public review and comment before 
                the plan becomes final, in accordance with procedures 
                established by the Task Force.
                    (B) Revision of plan.--
                          (i) In general.--The Task Force may, on an 
                      annual basis, revise the plan.
                          (ii) Public review and comment.--In revising 
                      the plan, the Task Force shall provide the public 
                      the opportunity to review and comment on any 
                      proposed revision to the plan.

    (f) Critical Restoration Projects.--
            (1) In general.--After the plan is approved by the Task 
        Force under subsection (c)(2), the Secretary, in coordination 
        with the Task Force, shall identify critical restoration 
        projects to carry out the plan.
            (2) Agreement.--The Secretary may carry out a critical 
        restoration project after entering into an agreement with an 
        appropriate non-Federal interest in accordance with section 221 
        of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b) and this 
        section.
            (3) Indian projects.--To the maximum extent practicable, the 
        Secretary shall ensure that not less than 30 percent of the 
        funds made available for critical restoration projects under 
        this title shall be used exclusively for projects that are--
                    (A) within the boundary of an Indian reservation; or
                    (B) administered by an Indian tribe.

    (g) Cost Sharing.--
            (1) Assessment.--
                    (A) Federal share.--The Federal share of the cost of 
                carrying out the assessment under subsection (d) shall 
                be 75 percent.
                    (B) Non-federal share.--The non-Federal share of the 
                cost of carrying out the assessment may be provided in 
                the form of services, materials, or other in-kind 
                contributions.
            (2) Plan.--
                    (A) Federal share.--The Federal share of the cost of 
                preparing the plan under subsection (e) shall be 75 
                percent.
                    (B) Non-federal share.--Not more than 50 percent of 
                the non-Federal share of the cost of preparing the plan 
                may be provided in the form of services, materials, or 
                other in-kind contributions.
            (3) Critical restoration projects.--

[[Page 114 STAT. 2711]]

                    (A) In general.--A non-Federal cost share shall be 
                required to carry out any critical restoration project 
                under subsection (f) that does not primarily benefit the 
                Federal Government, as determined by the Task Force.
                    (B) Federal share.--The Federal share of the cost of 
                carrying out a project under subsection (f) for which 
                the Task Force requires a non-Federal cost share under 
                subparagraph (A) shall be 65 percent, not to exceed 
                $5,000,000 for any critical restoration project.
                    (C) Non-federal share.--
                          (i) In general.--Not more than 50 percent of 
                      the non-Federal share of the cost of carrying out 
                      a project described in subparagraph (B) may be 
                      provided in the form of services, materials, or 
                      other in-kind contributions.
                          (ii) Required non-federal contributions.--For 
                      any project described in subparagraph (B), the 
                      non-Federal interest shall--
                                    (I) provide all land, easements, 
                                rights-of-way, dredged material disposal 
                                areas, and relocations;
                                    (II) pay all operation, maintenance, 
                                replacement, repair, and rehabilitation 
                                costs; and
                                    (III) hold the United States 
                                harmless from all claims arising from 
                                the construction, operation, and 
                                maintenance of the project.
                          (iii) Credit.--The Secretary shall credit the 
                      non-Federal interest for all contributions 
                      provided under clause (ii)(I).

SEC. 906. ADMINISTRATION.

    (a) In General.--Nothing in this title diminishes or affects--
            (1) any water right of an Indian tribe;
            (2) any other right of an Indian tribe, except as 
        specifically provided in another provision of this title;
            (3) any treaty right that is in effect on the date of 
        enactment of this Act;
            (4) any external boundary of an Indian reservation of an 
        Indian tribe;
            (5) any authority of the State that relates to the 
        protection, regulation, or management of fish, terrestrial 
        wildlife, and cultural and archaeological resources, except as 
        specifically provided in this title; or
            (6) any authority of the Secretary, the Secretary of the 
        Interior, or the head of any other Federal agency under a law in 
        effect on the date of enactment of this Act, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.);
                    (C) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (D) the Act entitled ``An Act for the protection of 
                the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 
                et seq.);
                    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (F) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);

[[Page 114 STAT. 2712]]

                    (G) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (H) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (I) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.); and
                    (J) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).

    (b) Federal Liability for Damage.--Nothing in this title relieves 
the Federal Government of liability for damage to private property 
caused by the operation of the Pick-Sloan program.
    (c) Flood Control.--Notwithstanding any other provision of this 
title, the Secretary shall retain the authority to operate the Pick-
Sloan program for the purposes of meeting the requirements of the Flood 
Control Act of December 22, 1944 (33 U.S.C. 701-1 et seq.; 58 Stat. 
887).
    (d) Use of Funds.--Funds transferred to the Trust may be used to pay 
the non-Federal share required under Federal programs.

SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this title $10,000,000 for each of fiscal years 
2001 through 2005. Such sums shall remain available until expended.
    (b) Existing Programs.--The Secretary shall fund programs authorized 
under the Pick-Sloan program in existence on the date of enactment of 
this Act at levels that are not less than funding levels for those 
programs as of that date.

    Approved December 11, 2000.

LEGISLATIVE HISTORY--S. 2796:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-1020 (Comm. of Conference).
SENATE REPORTS: No. 106-362 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 146 (2000):
            Sept. 21, 25 considered and passed Senate.
            Oct. 19, considered and passed House, amended.
            Oct. 31, Senate agreed to conference report.
            Nov. 3, House agreed to conference report.

                                  <all>
```