S. 2796

One Hundred Sixth Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Monday,

the twenty-fourth day of January, two thousand

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the ‘‘Water

Resources Development Act of 2000’’.

(b) TABLE OF CONTENTS.—

Sec. 1. Short title; 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.
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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.
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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.
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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. DEFINITION OF SECRETARY.

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

Army.
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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 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 naviga- tion, 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
S. 2796—6

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 nonFederal 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
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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
S. 2796—8

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
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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.
S. 2796—10

(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 BOR- OUGH, 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
S. 2796—11

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.
S. 2796—12

(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, LOU- ISIANA.—Project for improvement of the quality of the environment, Bayou Sauvage National Wildlife Refuge, Orleans Parish,

Louisiana.

(3) GULF INTRACOASTAL WATERWAY, BAYOU PLAQUEMINE, LOUISIANA.—Project for improvement of the quality of the

environment, Gulf Intracoastal Waterway, Bayou Plaquemine,

Iberville Parish, Louisiana.

(4) GULF INTRACOASTAL WATERWAY, MILES 220 TO 222.5, LOU- ISIANA.—Project for improvement of the quality of the environment, Gulf Intracoastal Waterway, miles 220 to 222.5,

Vermilion Parish, Louisiana.

(5) GULF INTRACOASTAL WATERWAY, WEEKS BAY, LOU- ISIANA.—Project for improvement of the quality of the environment, Gulf Intracoastal Waterway, Weeks Bay, Iberia Parish,

Louisiana.

(6) LAKE FAUSSE POINT, LOUISIANA.—Project for improvement of the quality of the environment, Lake Fausse Point,

Louisiana.

(7) LAKE PROVIDENCE, LOUISIANA.—Project for improvement

of the quality of the environment, Old River, Lake Providence,

Louisiana.

(8) NEW RIVER, LOUISIANA.—Project for improvement of

the quality of the environment, New River, Ascension Parish,

Louisiana.

(9) ERIE COUNTY, OHIO.—Project for improvement of the

quality of the environment, Sheldon’s Marsh State Nature Preserve, Erie County, Ohio.

(10) MUSKINGUM COUNTY, OHIO.—Project for improvement

of the quality of the environment, Dillon Reservoir watershed,

Licking River, Muskingum County, Ohio.

SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RESTORATION.

(a) IN GENERAL.—The Secretary shall conduct a study for each

of the following projects and, if the Secretary determines that

a project is appropriate, may carry out the project under section

206 of the Water Resources Development Act of 1996 (33 U.S.C.

2330):

(1) ARKANSAS RIVER, PUEBLO, COLORADO.—Project for

aquatic ecosystem restoration, Arkansas River, Pueblo, Colorado.
S. 2796—13

(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.
S. 2796—14

(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.
S. 2796—15

(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.
S. 2796—16

(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 nonFederal interest for any project costs that the non-Federal interest

has incurred in excess of the non-Federal share of project costs,

regardless of the date on which the costs were incurred.

(c) COST SHARING.—For purposes of reimbursement under subsection (b), cost sharing for work performed on the project before

the date of enactment of this Act shall be determined in accordance

with section 103(a) of the Water Resources Development Act of

1986 (33 U.S.C. 2213(a)).

TITLE II—GENERAL PROVISIONS

SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.

Section 221(a) of the Flood Control Act of 1970 (42 U.S.C.

1962d–5b(a)) is amended in the second sentence—

(1) by striking ‘‘State legislative’’;

(2) by striking ‘‘State constitutional’’ and inserting ‘‘constitutional’’; and

(3) by inserting before the period at the end the following:

‘‘of the State or a political subdivision of the State’’.

SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.

Section 729 of the Water Resources Development Act of 1986

(100 Stat. 4164) is amended to read as follows:

‘‘SEC. 729. WATERSHED AND RIVER BASIN ASSESSMENTS.

‘‘(a) IN GENERAL.—The Secretary may assess the water

resources needs of river basins and watersheds of the United States,

including needs relating to—

‘‘(1) ecosystem protection and restoration;

‘‘(2) flood damage reduction;

‘‘(3) navigation and ports;
S. 2796—17

‘‘(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. 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
S. 2796—18

(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 nonFederal 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 inkind 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
S. 2796—19

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

non-Federal interest to pay.

‘‘(2) CRITERIA AND PROCEDURES.—The ability of a non-Federal interest to pay shall be determined by the Secretary in

accordance with criteria and procedures in effect under paragraph (3) on the day before the date of enactment of the

Water Resources Development Act of 2000; except that such

criteria and procedures shall be revised, and new criteria and

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. PROPERTY PROTECTION PROGRAM.

(a) IN GENERAL.—The Secretary may carry out a program to

reduce vandalism and destruction of property at water resources

development projects under the jurisdiction of the Department of

the Army.

(b) PROVISION OF REWARDS.—In carrying out the program, the

Secretary may provide rewards (including cash rewards) to individuals who provide information or evidence leading to the arrest

and prosecution of individuals causing damage to Federal property.

(c) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $500,000 for fiscal

year 2001 and each fiscal year thereafter.

SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.

Notwithstanding section 611 of the Treasury and General

Government Appropriations Act, 1999 (112 Stat. 2681–515), the

Secretary may—

(1) participate in the National Recreation Reservation

Service on an interagency basis; and

(2) pay the Department of the Army’s share of the activities

required to implement, operate, and maintain the Service.

SEC. 207. INTERAGENCY AND INTERNATIONAL SUPPORT AUTHORITY.

Section 234(d) of the Water Resources Development Act of

1996 (33 U.S.C. 2323a(d)) is amended—

(1) by striking the first sentence and inserting the following: ‘‘There is authorized to be appropriated to carry out

this section $250,000 for fiscal year 2001 and each fiscal year

thereafter.’’; and

(2) in the second sentence by inserting ‘‘out’’ after ‘‘carry’’.

SEC. 208. REBURIAL AND CONVEYANCE AUTHORITY.

(a) DEFINITION OF INDIAN TRIBE.—In this section, the term

‘‘Indian tribe’’ has the meaning given the term in section 4 of

the Indian Self-Determination and Education Assistance Act (25

U.S.C. 450b).

(b) REBURIAL.—

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

tribes, the Secretary may identify and set aside areas at civil
S. 2796—20

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 nonFederal interests to preserve the level of flood protection

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

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

shall apply to any project or separable element of a project with

respect to which the Secretary and the non-Federal interest have

not entered a project cooperation agreement on or before the date

of enactment of this Act.

(c) TECHNICAL AMENDMENTS.—Section 402(b) of the Water

Resources Development Act of 1986 (33 U.S.C. 701b–12(b)) is

amended—

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

and inserting ‘‘FLOODPLAIN’’; and

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

inserting ‘‘floodplain’’.
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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. PERFORMANCE OF SPECIALIZED OR TECHNICAL SERVICES.

(a) DEFINITION OF STATE.—In this section, the term ‘‘State’’

has the meaning given the term in section 6501 of title 31, United

States Code.

(b) AUTHORITY.—The Corps of Engineers may provide specialized or technical services to a Federal agency (other than an agency

of the Department of Defense) or a State or local government

under section 6505 of title 31, United States Code, only if the

chief executive of the requesting entity submits to the Secretary—

(1) a written request describing the scope of the services

to be performed and agreeing to reimburse the Corps for all

costs associated with the performance of the services; and

(2) a certification that includes adequate facts to establish

that the services requested are not reasonably and quickly

available through ordinary business channels.

(c) CORPS AGREEMENT TO PERFORM SERVICES.—The Secretary,

after receiving a request described in subsection (b) to provide

specialized or technical services, shall, before entering into an agreement to perform the services—

(1) ensure that the requirements of subsection (b) are met

with regard to the request for services; and

(2) execute a certification that includes adequate facts to

establish that the Corps is uniquely equipped to perform such

services.

(d) ANNUAL REPORT TO CONGRESS.—

(1) IN GENERAL.—Not later than the last day of each calendar year, the Secretary shall provide to the Committee on
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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. 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,
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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. FUNDING TO PROCESS PERMITS.

(a) IN GENERAL.—In fiscal years 2001 through 2003, the Secretary, after public notice, may accept and expend funds contributed

by non-Federal public entities to expedite the evaluation of permits

under the jurisdiction of the Department of the Army.

(b) EFFECT ON PERMITTING.—In carrying out this section, the

Secretary shall ensure that the use of funds accepted under subsection (a) will not impact impartial decisionmaking with respect

to permits, either substantively or procedurally.

SEC. 215. DREDGED MATERIAL MARKETING AND RECYCLING.

(a) DREDGED MATERIAL MARKETING.—

(1) IN GENERAL.—Not later than 180 days after the date

of enactment of this Act, the Secretary shall establish a program

to allow the direct marketing of dredged material to public

agencies and private entities.

(2) LIMITATIONS.—The Secretary shall not establish the

program under paragraph (1) unless the Secretary determines

that the program is in the interest of the United States and

is economically justified, equitable, and environmentally acceptable.

(3) REGIONAL RESPONSIBILITY.—The program described in

paragraph (1) may authorize each of the 8 division offices

of the Corps of Engineers to market to public agencies and

private entities any dredged material from projects under the

jurisdiction of the regional office. Any revenues generated from

any sale of dredged material to such entities shall be deposited

in the United States Treasury.

(4) REPORTS.—Not later than 180 days after the date of

enactment of this Act, and annually thereafter for a period

of 4 years, the Secretary shall transmit to Congress a report

on the program established under paragraph (1).

(5) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000

for each fiscal year.

(b) DREDGED MATERIAL RECYCLING.—

(1) PILOT PROGRAM.—The Secretary shall conduct a pilot

program to provide incentives for the removal of dredged material from confined disposal facilities associated with Corps of

Engineer navigation projects for the purpose of recycling the

dredged material and extending the life of the confined disposal

facilities.

(2) REPORT.—Not later than 90 days after the date of

completion of the pilot program, the Secretary shall transmit

to Congress a report on the results of the program.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000,

except that not to exceed $1,000,000 may be expended with

respect to any project.
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SEC. 216. NATIONAL ACADEMY OF SCIENCES STUDY.

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) ACADEMY.—The term ‘‘Academy’’ means the National

Academy of Sciences.

(2) METHOD.—The term ‘‘method’’ means a method, model,

assumption, or other pertinent planning tool used in conducting

an economic or environmental analysis of a water resources

project, including the formulation of a feasibility report.

(3) FEASIBILITY REPORT.—The term ‘‘feasibility report’’

means each feasibility report, and each associated environmental impact statement and mitigation plan, prepared by

the Corps of Engineers for a water resources project.

(4) WATER RESOURCES PROJECT.—The term ‘‘water

resources project’’ means a project for navigation, a project

for flood control, a project for hurricane and storm damage

reduction, a project for emergency streambank and shore protection, a project for ecosystem restoration and protection, and

a water resources project of any other type carried out by

the Corps of Engineers.

(b) INDEPENDENT PEER REVIEW OF PROJECTS.—

(1) IN GENERAL.—Not later than 90 days after the date

of enactment of this Act, the Secretary shall contract with

the Academy to study, and make recommendations relating

to, the independent peer review of feasibility reports.

(2) STUDY ELEMENTS.—In carrying out a contract under

paragraph (1), the Academy shall study the practicality and

efficacy of the independent peer review of the feasibility reports,

including—

(A) the cost, time requirements, and other considerations relating to the implementation of independent peer

review; and

(B) objective criteria that may be used to determine

the most effective application of independent peer review

to feasibility reports for each type of water resources

project.

(3) ACADEMY REPORT.—Not later than 1 year after the

date of a contract under paragraph (1), the Academy shall

submit to the Secretary, the Committee on Transportation and

Infrastructure of the House of Representatives, and the Committee on Environment and Public Works of the Senate a

report that includes—

(A) the results of the study conducted under paragraphs (1) and (2); and

(B) in light of the results of the study, specific recommendations, if any, on a program for implementing independent peer review of feasibility reports.

(4) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $1,000,000,

to remain available until expended.

(c) INDEPENDENT PEER REVIEW OF METHODS FOR PROJECT

ANALYSIS.—

(1) IN GENERAL.—Not later than 90 days after the date

of enactment of this Act, the Secretary shall contract with

the Academy to conduct a study that includes—

(A) a review of state-of-the-art methods;
S. 2796—25

(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 REPORT.—Not later than 1 year after the

date of a contract under paragraph (1), the Academy shall

transmit to the Secretary, the Committee on Transportation

and Infrastructure of the House of Representatives, and the

Committee on Environment and Public Works of the Senate

a report that includes—

(A) the results of the study conducted under paragraph

(1); and

(B) in light of the results of the study, specific recommendations for modifying any of the methods currently

used by the Secretary for conducting economic and environmental analyses of water resources projects.

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this subsection $2,000,000.

Such sums shall remain available until expended.

SEC. 217. REHABILITATION OF FEDERAL FLOOD CONTROL LEVEES.

Section 110(e) of the Water Resources Development Act of

1990 (104 Stat. 4622) is amended by striking ‘‘1992,’’ and all that

follows through ‘‘1996’’ and inserting ‘‘2001 through 2005’’.

SEC. 218. MAXIMUM PROGRAM EXPENDITURES FOR SMALL FLOOD

CONTROL PROJECTS.

Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s)

is amended in the first sentence by striking ‘‘$40,000,000’’ and

inserting ‘‘$50,000,000’’.

SEC. 219. ENGINEERING CONSULTING SERVICES.

In conducting a feasibility study for a water resources project,

the Secretary, to the maximum extent practicable, should not

employ a person for engineering and consulting services if the

same person is also employed by the non-Federal interest for such

services unless there is only 1 qualified and responsive bidder

for such services.

SEC. 220. BEACH RECREATION.

Not later than 1 year after the date of enactment of this

Act, the Secretary shall develop and implement procedures to ensure

that all of the benefits of a beach restoration project, including

those benefits attributable to recreation, hurricane and storm damage reduction, and environmental protection and restoration, are

displayed in reports for such projects.

SEC. 221. DESIGN-BUILD CONTRACTING.

(a) PILOT PROGRAM.—The Secretary may conduct a pilot program consisting of not more than 5 authorized projects to test

the design-build method of project delivery on various authorized

civil works projects of the Corps of Engineers, including levees,
S. 2796—26

pumping plants, revetments, dikes, dredging, weirs, dams, retaining

walls, generation facilities, mattress laying, recreation facilities,

and other water resources facilities.

(b) DESIGN-BUILD DEFINED.—In this section, the term ‘‘designbuild’’ means an agreement between the Federal Government and

a contractor that provides for both the design and construction

of a project by a single contract.

(c) REPORT.—Not later than 4 years after the date of enactment

of this Act, the Secretary shall transmit to Congress a report

on the results of the pilot program.

SEC. 222. ENHANCED PUBLIC PARTICIPATION.

(a) IN GENERAL.—Section 905 of the Water Resources Development Act of 1986 (33 U.S.C. 2282) is amended by adding at the

end the following:

‘‘(e) ENHANCED PUBLIC PARTICIPATION.— ‘‘(1) IN GENERAL.—The Secretary shall establish procedures

to enhance public participation in the development of each

feasibility study under subsection (a), including, if appropriate,

establishment of a stakeholder advisory group to assist the

Secretary with the development of the study.

‘‘(2) MEMBERSHIP.—If the Secretary provides for the

establishment of a stakeholder advisory group under this subsection, the membership of the advisory group shall include

balanced representation of social, economic, and environmental

interest groups, and such members shall serve on a voluntary,

uncompensated basis.

‘‘(3) LIMITATION.—Procedures established under this subsection shall not delay development of any feasibility study

under subsection (a).’’.

SEC. 223. MONITORING.

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

program of the economic and environmental results of up to 5

eligible projects selected by the Secretary.

(b) DURATION.—The monitoring of a project selected by the

Secretary under this section shall be for a period of not less than

12 years beginning on the date of its selection.

(c) REPORTS.—The Secretary shall transmit to Congress every

3 years a report on the performance of each project selected under

this section.

(d) ELIGIBLE PROJECT DEFINED.—In this section, the term

‘‘eligible project’’ means a water resources project, or separable

element thereof—

(1) for which a contract for physical construction has not

been awarded before the date of enactment of this Act;

(2) that has a total cost of more than $25,000,000; and

(3)(A) that has as a benefit-to-cost ratio of less than 1.5

to 1; or

(B) that has significant environmental benefits or significant environmental mitigation components.

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

SEC. 224. FISH AND WILDLIFE MITIGATION.

(a) DESIGN OF MITIGATION PROJECTS.—Section 906(d) of the

Water Resources Development Act of 1986 (33 U.S.C. 2283(d)) is

amended—
S. 2796—27

(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 MITIGATION.—

(1) INVESTIGATION.—

(A) IN GENERAL.—The Comptroller General shall conduct an investigation of the effectiveness of the concurrent

mitigation requirements of section 906 of the Water

Resources Development Act of 1986 (33 U.S.C. 2283). In

carrying out the investigation, the Comptroller General

shall determine—

(i) whether or not there are instances in which

less than 50 percent of required mitigation is completed

before initiation of project construction and the number

of such instances; and

(ii) the extent to which mitigation projects restore

natural hydrologic conditions, restore native vegetation, and otherwise support native fish and wildlife

species.

(B) SPECIAL RULE.—In carrying out subparagraph

(A)(ii), the Comptroller General shall—

(i) establish a panel of independent scientists, comprised of individuals with expertise and experience

in applicable scientific disciplines, to assist the Comptroller General; and

(ii) assess methods used by the Corps of Engineers

to monitor and evaluate mitigation projects, and compare Corps of Engineers mitigation project design,

construction, monitoring, and evaluation practices with

those used in other publicly and privately financed

mitigation projects.

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to

Congress a report on the results of the investigation.

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

DESIGN.

Section 105(a)(1)(E) of the Water Resources Development Act

of 1986 (33 U.S.C. 2215(a)(1)(E)) is amended by striking ‘‘Not more

than 1⁄2 of the’’ and inserting ‘‘The’’.

SEC. 226. ADMINISTRATIVE COSTS OF LAND CONVEYANCES.

Notwithstanding any other provision of law, the administrative

costs associated with the conveyance of property by the Secretary

to a non-Federal governmental or nonprofit entity shall be limited

to the extent that the Secretary determines that such limitation
S. 2796—28

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 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,
S. 2796—29

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
S. 2796—30

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 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.
S. 2796—31

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 nonFederal 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.
S. 2796—32

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
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(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 inkind services or materials; and

(2) to direct the Secretary to credit toward the non-Federal

share of the cost of a project the cost of design and construction

work carried out by the non-Federal interest before the date

of execution of a cooperation agreement for the project if the

Secretary determines that the work is integral to the project.

(b) REDUCTION.—The private sector performance goals for

engineering work of the Baltimore District of the Corps of Engineers

shall be reduced by the amount of the credit under subsection

(a)(2).

SEC. 319. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.

(a) IN GENERAL.—The Secretary may provide design and

construction assistance for recreational facilities in the State of

Maryland at the William Jennings Randolph Lake (Bloomington

Dam), Maryland and West Virginia, project authorized by section

203 of the Flood Control Act of 1962 (76 Stat. 1182).

(b) NON-FEDERAL SHARE.—The Secretary shall require the nonFederal interest to provide 50 percent of the costs of designing

and constructing the recreational facilities under subsection (a).
S. 2796—34

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;
S. 2796—35

(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.
S. 2796—36

(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 REPLACE- MENT.— (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 ENDAN- GERED 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.—
S. 2796—37

(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.
S. 2796—38

(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
S. 2796—39

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.
S. 2796—40

(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
S. 2796—41

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
S. 2796—42

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. GREAT LAKES DREDGING LEVELS ADJUSTMENT.

(a) DEFINITION OF GREAT LAKE.—In this section, the term

‘‘Great Lake’’ means Lake Superior, Lake Michigan, Lake Huron

(including Lake St. Clair), Lake Erie, and Lake Ontario (including

the St. Lawrence River to the 45th parallel of latitude).

(b) DREDGING LEVELS.—In operating and maintaining Federal

channels and harbors of, and the connecting channels between,

the Great Lakes, the Secretary shall conduct such dredging as

is necessary to ensure minimal operation depths consistent with

the original authorized depths of the channels and harbors when

water levels in the Great Lakes are, or are forecast to be, below

the International Great Lakes Datum of 1985.

SEC. 344. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT

REMEDIATION.

Section 401 of the Water Resources Development Act of 1990

(33 U.S.C. 1268 note; 104 Stat. 4644; 110 Stat. 3763; 113 Stat.

338) is amended—

(1) in subsection (a)(2)(A) by striking ‘‘50 percent’’ and

inserting ‘‘35 percent’’;

(2) in subsection (b)—

(A) by striking paragraph (3);

(B) in the first sentence of paragraph (4) by striking

‘‘50 percent’’ and inserting ‘‘35 percent’’; and

(C) by redesignating paragraph (4) as paragraph (3);

and

(3) in subsection (c) by striking ‘‘$5,000,000 for each of fiscal years 1998 through 2000.’’ and inserting ‘‘$10,000,000

for each of fiscal years 2001 through 2006.’’.

SEC. 345. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND

SOUND.

(a) IN GENERAL.—Not later than December 31, 2002, the Secretary shall carry out a demonstration program for the use of

innovative sediment treatment technologies for the treatment of

dredged material from Long Island Sound.

(b) PROJECT CONSIDERATIONS.—In carrying out subsection (a),

the Secretary shall, to the maximum extent practicable—

(1) encourage partnerships between the public and private

sectors;

(2) build on treatment technologies that have been used

successfully in demonstration or full-scale projects (including

projects carried out in the States of New York, New Jersey,

and Illinois), such as technologies described in—

(A) section 405 of the Water Resources Development

Act of 1992 (33 U.S.C. 2239 note; 106 Stat. 4863); and

(B) section 503 of the Water Resources Development

Act of 1999 (33 U.S.C. 2314 note; 113 Stat. 337);
S. 2796—43

(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. 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;
S. 2796—44

(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
S. 2796—45

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;
S. 2796—46

(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;
S. 2796—47

(26) North 18°30′39′′ West a distance of 70.00 feet;

(27) North 70°59′36′′ East a distance of 400.00 feet

to the place or point of beginning.

Containing 1,142.958 acres.

(c) LIMITS ON APPLICABILITY; REGULATORY REQUIREMENTS.—

The declaration under subsection (a) shall apply to those parts

of the areas described in subsection (b) that are filled portions

of Lake Erie. Any work on these filled portions shall be subject

to all applicable Federal statutes and regulations, including sections

9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401 and 403),

section 404 of the Federal Water Pollution Control Act (33 U.S.C.

1344), and the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.).

(d) EXPIRATION DATE.—If, 20 years from the date of enactment

of this Act, any area or part thereof described in subsection (a)

is not occupied by permanent structures in accordance with the

requirements set out in subsection (c), or if work in connection

with any activity permitted in subsection (c) is not commenced

within 5 years after issuance of such permits, then the declaration

of nonnavigability for such area or part thereof shall expire.

SEC. 347. PROJECT DEAUTHORIZATIONS.

(a) IN GENERAL.—The following projects or portions of projects

are not authorized after the date of enactment of this Act:

(1) BLACK WARRIOR AND TOMBIGBEE RIVERS, JACKSON, 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
S. 2796—48

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-
S. 2796—49

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).
S. 2796—50

(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
S. 2796—51

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
S. 2796—52

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 rightof-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
S. 2796—53

(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
S. 2796—54

(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 NE1⁄4, S11, T33N, R3E
S. 2796—55

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;
S. 2796—56

(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
S. 2796—57

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.—
S. 2796—58

(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
S. 2796—59

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.
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(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:
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(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:
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(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;
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(2) the planning, construction, and evaluation of potential

restoration, protection, and enhancement measures to meet

identified habitat needs; and

(3) potential projects to meet identified river access and

recreation needs.

(d) LOWER MISSISSIPPI RIVER SYSTEM DEFINED.—In this section,

the term ‘‘Lower Mississippi River system’’ means those river

reaches and adjacent floodplains within the Lower Mississippi River

alluvial valley having commercial navigation channels on the Mississippi mainstem and tributaries south of Cairo, Illinois, and the

Atchafalaya basin floodway system.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated $1,750,000 to carry out this section.

SEC. 403. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT

STUDY.

(a) IN GENERAL.—In conjunction with the Secretary of Agriculture and the Secretary of the Interior, the Secretary shall conduct

a study to—

(1) identify and evaluate significant sources of sediment

and nutrients in the upper Mississippi River basin;

(2) quantify the processes affecting mobilization, transport,

and fate of those sediments and nutrients on land and in

water; and

(3) quantify the transport of those sediments and nutrients

to the upper Mississippi River and the tributaries of the upper

Mississippi River.

(b) STUDY COMPONENTS.—

(1) COMPUTER MODELING.—In carrying out the study under

this section, the Secretary shall develop computer models of

the upper Mississippi River basin, at the subwatershed and

basin scales, to—

(A) identify and quantify sources of sediment and nutrients; and

(B) examine the effectiveness of alternative management measures.

(2) RESEARCH.—In carrying out the study under this section, the Secretary shall conduct research to improve the understanding of—

(A) fate processes and processes affecting sediment

and nutrient transport, with emphasis on nitrogen and

phosphorus cycling and dynamics;

(B) the influences on sediment and nutrient losses

of soil type, slope, climate, vegetation cover, and modifications to the stream drainage network; and

(C) river hydrodynamics, in relation to sediment and

nutrient transformations, retention, and transport.

(c) USE OF INFORMATION.—On request of a Federal agency,

the Secretary may provide information for use in applying sediment

and nutrient reduction programs associated with land-use improvements and land management practices.

(d) REPORTS.—

(1) PRELIMINARY REPORT.—Not later than 2 years after

the date of enactment of this Act, the Secretary shall transmit

to Congress a preliminary report that outlines work being conducted on the study components described in subsection (b).
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(2) FINAL REPORT.—Not later than 5 years after the date

of enactment of this Act, the Secretary shall transmit to Congress a report describing the results of the study under this

section, including any findings and recommendations of the

study.

(e) FUNDING.—

(1) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section $4,000,000

for each of fiscal years 2001 through 2005.

(2) FEDERAL SHARE.—The Federal share of the cost of carrying out this section shall be 50 percent.

SEC. 404. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.

Section 459(e) of the Water Resources Development Act of

1999 (113 Stat. 333) is amended by striking ‘‘date of enactment

of this Act’’ and inserting ‘‘first date on which funds are appropriated to carry out this section’’.

SEC. 405. OHIO RIVER SYSTEM.

The Secretary may conduct a study of commodity flows on

the Ohio River system. The study shall include an analysis of

the commodities transported on the Ohio River system, including

information on the origins and destinations of these commodities

and market trends, both national and international.

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
S. 2796—65

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 later than September 30, 2001, the Secretary

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

SEC. 414. OCEANSIDE, CALIFORNIA.

Not later than 32 months after the date of enactment of this

Act, the Secretary shall conduct a study, at Federal expense, of

plans—

(1) to mitigate for the erosion and other impacts resulting

from the construction of Camp Pendleton Harbor, Oceanside,

California, as a wartime measure; and

(2) to restore beach conditions along the affected public

and private shores to the conditions that existed before the

construction of Camp Pendleton Harbor.

SEC. 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.
S. 2796—66

(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 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
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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
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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 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).
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(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 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.
S. 2796—70

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) 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 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.
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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.
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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 costeffective, technically sound, environmentally acceptable, and in the

Federal interest.

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

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

TITLE V—MISCELLANEOUS PROVISIONS

SEC. 501. LAKES PROGRAM.

Section 602 of the Water Resources Development Act of 1986

(100 Stat. 4148–4149), as amended in section 210(b) of this Act,

is further amended—

(1) in subsection (b) by inserting ‘‘and activity’’ after

‘‘project’’;

(2) in subsection (c) by inserting ‘‘and activities under subsection (f)’’ before the comma; and

(3) by adding at the end the following:

‘‘(f) CENTER FOR LAKE EDUCATION AND RESEARCH, OTSEGO

LAKE, NEW YORK.— ‘‘(1) IN GENERAL.—The Secretary shall construct an environmental education and research facility at Otsego Lake, New

York. The purpose of the Center shall be to—

‘‘(A) conduct nationwide research on the impacts of

water quality and water quantity on lake hydrology and

the hydrologic cycle;

‘‘(B) develop technologies and strategies for monitoring

and improving water quality in the Nation’s lakes; and

‘‘(C) provide public education regarding the biological,

economic, recreational, and aesthetic value of the Nation’s

lakes.

‘‘(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—
S. 2796—73

(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
S. 2796—74

with those mechanisms and standards developed by the Great Lakes

States.

SEC. 505. GREAT LAKES TRIBUTARY MODEL.

Section 516 of the Water Resources Development Act of 1996

(33 U.S.C. 2326b) is amended—

(1) by adding at the end of subsection (e) the following:

‘‘(3) REPORT.—Not later than December 31, 2003, the Secretary shall transmit to Congress a report on the Secretary’s

activities under this subsection.’’; and

(2) in subsection (g)—

(A) by striking ‘‘There is authorized’’ and inserting

the following:

‘‘(1) IN GENERAL.—There is authorized’’;

(B) by adding at the end the following:

‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In addition to

amounts made available under paragraph (1), there is authorized to be appropriated to carry out subsection (e) $5,000,000

for each of fiscal years 2002 through 2006.’’; and

(C) by aligning the remainder of the text of paragraph

(1) (as designated by subparagraph (A) of this paragraph)

with paragraph (2) (as added by subparagraph (B) of this

paragraph).

SEC. 506. GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.

(a) FINDINGS.—Congress finds that—

(1) the Great Lakes comprise a nationally and internationally significant fishery and ecosystem;

(2) the Great Lakes fishery and ecosystem should be developed and enhanced in a coordinated manner; and

(3) the Great Lakes fishery and ecosystem provides a diversity of opportunities, experiences, and beneficial uses.

(b) DEFINITIONS.—In this section, the following definitions

apply:

(1) GREAT LAKE.— (A) IN GENERAL.—The term ‘‘Great Lake’’ means Lake

Superior, Lake Michigan, Lake Huron (including Lake St.

Clair), Lake Erie, and Lake Ontario (including the St.

Lawrence River to the 45th parallel of latitude).

(B) INCLUSIONS.—The term ‘‘Great Lake’’ includes any

connecting channel, historically connected tributary, and

basin of a lake specified in subparagraph (A).

(2) GREAT LAKES COMMISSION.—The term ‘‘Great Lakes

Commission’’ means the Great Lakes Commission established

by the Great Lakes Basin Compact (82 Stat. 414).

(3) GREAT LAKES FISHERY COMMISSION.—The term ‘‘Great

Lakes Fishery Commission’’ has the meaning given the term

‘‘Commission’’ in section 2 of the Great Lakes Fishery Act

of 1956 (16 U.S.C. 931).

(4) GREAT LAKES STATE.—The term ‘‘Great Lakes State’’

means each of the States of Illinois, Indiana, Michigan, Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.

(c) GREAT LAKES FISHERY AND ECOSYSTEM RESTORATION.—

(1) SUPPORT PLAN.—

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

of enactment of this Act, the Secretary shall develop a

plan for activities of the Corps of Engineers that support

the management of Great Lakes fisheries.
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(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-OFWAY.—The Secretary shall credit the non-Federal interest

for the value of any land, easement, right-of-way, dredged

material disposal area, or relocation provided for carrying

out a project under subsection (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.—
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(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 GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary shall develop and

make available for public review and comment—

(i) criteria for identifying and prioritizing critical

problems and needs; and

(ii) a framework for development of watershed or

regional restoration plans.

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

framework, the Secretary shall make full use of all available Federal, State, tribal, regional, and local resources.

(5) REPORT.—Not later than October 1, 2002, the Secretary

shall transmit to Congress a report on the assessment.

(c) RESTORATION PLANS.—

(1) IN GENERAL.—After the report is transmitted under

subsection (b)(5), the Secretary, in coordination with appropriate Federal, State, tribal, regional, and local agencies, shall—
S. 2796—77

(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;
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(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, rightsof-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
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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 nonFederal 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
S. 2796—80

habitation that was constructed before January 1, 2000, and

is located on fee land or in violation of the flowage easement.

(3) FEE LAND.—The term ‘‘fee land’’ means the land

acquired in fee title by the United States for the Lake.

(4) FLOWAGE EASEMENT.—The term ‘‘flowage easement’’

means an interest in land that the United States acquired

that provides the right to flood, to the elevation of 1,085 feet

above mean sea level (among other rights), land surrounding

the Lake.

(5) LAKE.—The term ‘‘Lake’’ means the Lake Sidney Lanier,

Georgia, project of the Corps of Engineers authorized by the

first section of the Rivers and Harbors Act of July 24, 1946

(60 Stat. 635).

(b) ESTABLISHMENT OF PROGRAM.—Not later than 120 days

after the date of enactment of this Act, the Secretary shall establish,

and provide public notice of, a program—

(1) to convey to eligible property owners the right to maintain existing structures for human habitation on fee land; or

(2) to release eligible property owners from the easement

prohibition as it applies to existing structures for human habitation on the flowage easements (if the floor elevation of the

human habitation area is above the elevation of 1,085 feet

above mean sea level).

(c) REGULATIONS.—To carry out subsection (b), the Secretary

shall issue regulations that—

(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—
S. 2796—81

(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) 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.
S. 2796—82

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 longterm resource monitoring program; and

(D) the development and implementation of a computerized inventory and analysis system.

(4) CONSULTATION.—The comprehensive plan shall be

developed by the Secretary in consultation with appropriate

Federal agencies, the State of Illinois, and the Illinois River

Coordinating Council.

(5) REPORT TO CONGRESS.—Not later than 2 years after

the date of enactment of this Act, the Secretary shall transmit

to Congress a report containing the comprehensive plan.

(6) ADDITIONAL STUDIES AND ANALYSES.—After transmission of a report under paragraph (5), the Secretary shall

continue to conduct such studies and analyses related to the

comprehensive plan as are necessary, consistent with this subsection.

(c) CRITICAL RESTORATION PROJECTS.—

(1) IN GENERAL.—If the Secretary, in cooperation with

appropriate Federal agencies and the State of Illinois, determines that a restoration project for the Illinois River basin
S. 2796—83

will produce independent, immediate, and substantial restoration, preservation, and protection benefits, the Secretary shall

proceed expeditiously with the implementation of the project.

(2) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out projects under this subsection $100,000,000 for fiscal years 2001 through 2004.

(3) FEDERAL SHARE.—The Federal share of the cost of carrying out any project under this subsection shall not exceed

$5,000,000.

(d) GENERAL PROVISIONS.—

(1) WATER QUALITY.—In carrying out projects and activities

under this section, the Secretary shall take into account the

protection of water quality by considering applicable State

water quality standards.

(2) PUBLIC PARTICIPATION.—In developing the comprehensive plan under subsection (b) and carrying out projects under

subsection (c), the Secretary shall implement procedures to

facilitate public participation, including providing advance

notice of meetings, providing adequate opportunity for public

input and comment, maintaining appropriate records, and

making a record of the proceedings of meetings available for

public inspection.

(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.
S. 2796—84

(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 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.
S. 2796—85

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 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’’.
S. 2796—86

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 nonFederal 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
S. 2796—87

implement projects described in subsection (a) after entering into

an agreement with an appropriate non-Federal interest in accordance with this section.

(c) COST SHARING.—Before implementing any project under

this section, the Secretary shall enter into a binding agreement

with the non-Federal interests. The agreement shall provide that

the 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.
S. 2796—88

SEC. 530. URBANIZED PEAK FLOOD MANAGEMENT RESEARCH, NEW

JERSEY.

(a) IN GENERAL.—The Secretary shall develop and implement

a research program to evaluate opportunities to manage peak flood

flows in urbanized watersheds located in the State of New Jersey.

(b) SCOPE OF RESEARCH.—The research program authorized

by subsection (a) shall be accomplished through the New York

District of the Corps of Engineers. The research shall include the

following:

(1) Identification of key factors in the development of an

urbanized watershed that affect peak flows in the watershed

and downstream.

(2) Development of peak flow management models for 4

to 6 watersheds in urbanized areas with widely differing

geology, shapes, and soil types that can be used to determine

optimal flow reduction factors for individual watersheds.

(c) REPORT TO CONGRESS.—The Secretary shall evaluate policy

changes in the planning process for flood damage reduction projects

based on the results of the research under this section and transmit

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.
S. 2796—89

(d) NON-FEDERAL SHARE.—The non-Federal share of the cost

of activities carried out under this section shall be 35 percent

and may be provided through in-kind services and materials.

(e) UPPER MOHAWK RIVER BASIN DEFINED.—In this section,

the term ‘‘Upper Mohawk River basin’’ means the Mohawk River,

its tributaries, and associated lands upstream of the confluence

of the Mohawk River and Canajoharie Creek, and including

Canajoharie Creek, New York.

SEC. 533. FLOOD DAMAGE REDUCTION.

(a) IN GENERAL.—In order to assist the States of North Carolina

and Ohio and local governments in mitigating damages resulting

from a major disaster, the Secretary shall carry out flood damage

reduction projects by protecting, clearing, and restoring channel

dimensions (including removing accumulated snags and other

debris)—

(1) in eastern North Carolina, in—

(A) New River and tributaries;

(B) White Oak River and tributaries;

(C) Neuse River and tributaries; and

(D) Pamlico River and tributaries; and

(2) in Ohio, in—

(A) Symmes Creek;

(B) Duck Creek; and

(C) Brush Creek.

(b) COST SHARE.—The non-Federal interest for a project under

this section shall—

(1) pay 35 percent of the cost of the project; and

(2) provide any lands, easements, rights-of-way, relocations,

and material disposal areas necessary for implementation of

the project.

(c) CONDITIONS.—The Secretary may not reject a project based

solely on a minimum amount of stream runoff.

(d) MAJOR DISASTER DEFINED.—In this section, the term ‘‘major

disaster’’ means a major disaster declared under title IV of the

Robert T. Stafford Disaster Relief and Emergency Assistance Act

(42 U.S.C. 5170 et seq.) before the date of enactment of this Act.

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $6,000,000 for fiscal

years 2001 through 2003.

SEC. 534. CUYAHOGA RIVER, OHIO.

(a) IN GENERAL.—The Secretary shall provide technical assistance to non-Federal interests for an evaluation of the structural

integrity of the bulkhead system located along the Cuyahoga River

in the vicinity of Cleveland, Ohio, at a total cost of $500,000.

(b) EVALUATION.—The evaluation described in subsection (a)

shall include design analysis, plans and specifications, and cost

estimates for repair or replacement of the bulkhead system.

SEC. 535. CROWDER POINT, CROWDER, OKLAHOMA.

At the request of the city of Crowder, Oklahoma, the Secretary

shall enter into a long-term lease, not to exceed 99 years, with

the city under which the city may develop, operate, and maintain

as a public park all or a portion of approximately 260 acres of

land known as Crowder Point on Lake Eufaula, Oklahoma. The

lease shall include such terms and conditions as the Secretary

determines are necessary to protect the interest of the United
S. 2796—90

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.—
S. 2796—91

(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.—NonFederal interests shall provide all land, easements, rightsof-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
S. 2796—92

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 GENERAL.—Not later than 1 year after the date

of enactment of this Act, the Secretary shall develop a

plan for activities of the Corps of Engineers to support

the restoration of the ecosystem of the Charleston Harbor

estuary, South Carolina.

(B) COOPERATION.—The Secretary shall develop the

plan in cooperation with—

(i) the State of South Carolina; and

(ii) other affected Federal and non-Federal

interests.

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

the Charleston Harbor estuary.

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

under paragraph (2) in meeting ecosystem restoration

goals.

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

shall be conducted in consultation with the appropriate

Federal, State, and local agencies.

(b) COST SHARING.— (1) DEVELOPMENT OF PLAN.—The Federal share of the cost

of development of the plan under subsection (a)(1) shall be

65 percent.

(2) PROJECT PLANNING, DESIGN, CONSTRUCTION, AND

EVALUATION.—The Federal share of the cost of planning, design,

construction, and evaluation of a project under paragraphs

(2) and (3) of subsection (a) shall be 65 percent.

(3) NON-FEDERAL SHARE.—

(A) CREDIT FOR LAND, EASEMENTS, AND RIGHTS-OFWAY.—The Secretary shall credit the non-Federal interest

for the value of any land, easement, right-of-way, dredged

material disposal area, or relocation provided for carrying

out a project under subsection (a)(2).
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(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 RESTORA- TION 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
S. 2796—94

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.
S. 2796—95

‘‘(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 GENERAL.—Not later than 180 days after a

request by the State of South Dakota, the Secretary shall

provide to the State of South Dakota easements and access

on land and water below the level of the exclusive flood

pool outside Indian reservations in the State of South

Dakota for recreational and other purposes (including for

boat docks, boat ramps, and related structures).

‘‘(B) NO EFFECT ON MISSION.—The easements and

access referred to in subparagraph (A) shall not prevent

the Corps from carrying out its mission under the Act

entitled ‘An Act authorizing the construction of certain

public works on rivers and harbors for flood control, and

for other purposes’, approved December 22, 1944 (58 Stat.

887).’’;

(6) in subsection (h) by striking ‘‘of this Act’’ and inserting

‘‘of law’’; and

(7) by adding at the end the following:

‘‘(j) CLEANUP OF LAND AND RECREATION AREAS.—

‘‘(1) IN GENERAL.—Not later than 10 years after the date

of enactment of this subsection, the Secretary shall clean up

each open dump and hazardous waste site identified by the

Secretary and located on the land and recreation areas

described in subsections (b) and (c).

‘‘(2) FUNDING.—Cleanup activities under paragraph (1)

shall be funded solely from funds made available for operation

and maintenance under the Pick-Sloan Missouri River Basin

program.

‘‘(k) CULTURAL RESOURCES ADVISORY COMMISSION.—

‘‘(1) IN GENERAL.—The State of South Dakota, the Cheyenne River Sioux Tribe, and the Lower Brule Sioux Tribe
S. 2796—96

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, POWERS, AND ADMINISTRATION.—The

Governor of the State of South Dakota, the Chairman of the

Cheyenne River Sioux Tribe, and the Chairman of the Lower

Brule Sioux Tribe are encouraged to unanimously enter into

a formal written agreement, not later than 1 year after the

date of enactment of this subsection, to establish the role,

responsibilities, powers, and administration of the Commission.

‘‘(l) INVENTORY AND STABILIZATION OF CULTURAL AND HISTORIC

SITES.—

‘‘(1) IN GENERAL.—Not later than 10 years after the date

of enactment of this subsection, the Secretary, through contracts entered into with the State of South Dakota, the affected

Indian Tribes, and other Indian Tribes in the States of North

Dakota and South Dakota, shall inventory and stabilize each

cultural site and historic site located on the land and recreation

areas described in subsections (b) and (c).

‘‘(2) FUNDING.—Inventory and stabilization activities under

paragraph (1) shall be funded solely from funds made available

for operation and maintenance under the Pick-Sloan Missouri

River Basin program.’’.

(e) TRANSFER OF CORPS OF ENGINEERS LAND FOR AFFECTED

INDIAN TRIBES.—Section 606 of the Water Resources Development

Act of 1999 (113 Stat. 393–395) is amended—

(1) in subsection (a)(1) by striking ‘‘The Secretary’’ and

inserting ‘‘Not later than January 1, 2002, the Secretary’’;

(2) in subsection (b)(1) by striking ‘‘Big Bend and Oahe’’

and inserting ‘‘Oahe, Big Bend, and Fort Randall’’;

(3) in subsection (d) by striking paragraph (2) and inserting

the following:

‘‘(2) STRUCTURES.—

‘‘(A) IN GENERAL.—The map shall identify all land and

structures to be retained as necessary for continuation

of the operation, maintenance, repair, replacement,

rehabilitation, and structural integrity of the dams and

related flood control and hydropower structures.

‘‘(B) LEASE OF RECREATION AREAS.—
S. 2796—97

‘‘(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 GENERAL.—Not later than 180 days after

a request by an affected Indian Tribe, the Secretary

shall provide to the affected Indian Tribe easements

and access on land and water below the level of the

exclusive flood pool inside the Indian reservation of

the affected Indian Tribe for recreational and other

purposes (including for boat docks, boat ramps, and

related structures).

‘‘(ii) NO EFFECT ON MISSION.—The easements and

access referred to in clause (i) shall not prevent the

Corps of Engineers from carrying out its mission under

the Act entitled ‘An Act authorizing the construction

of certain public works on rivers and harbors for flood

control, and for other purposes’, approved December

22, 1944 (58 Stat. 887).’’; and

(C) in paragraph (3)(B) by inserting before the period

at the end the following: ‘‘that were administered by the

Corps of Engineers as of the date of the land transfer.’’;

and

(5) by adding at the end the following:

‘‘(h) CLEANUP OF LAND AND RECREATION AREAS.—

‘‘(1) IN GENERAL.—Not later than 10 years after the date

of enactment of this subsection, the Secretary shall clean up

each open dump and hazardous waste site identified by the

Secretary and located on the land and recreation areas

described in subsections (b) and (c).

‘‘(2) FUNDING.—Cleanup activities under paragraph (1)

shall be funded solely from funds made available for operation

and maintenance under the Pick-Sloan Missouri River Basin

program.

‘‘(i) INVENTORY AND STABILIZATION OF CULTURAL AND HISTORIC

SITES.—

‘‘(1) IN GENERAL.—Not later than 10 years after the date

of enactment of this subsection, the Secretary, in consultation

with the Cultural Resources Advisory Commission established

under section 605(k) and through contracts entered into with

the State of South Dakota, the affected Indian Tribes, and

other Indian Tribes in the States of North Dakota and South

Dakota, shall inventory and stabilize each cultural site and
S. 2796—98

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 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.—
S. 2796—99

‘‘(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
S. 2796—100

(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 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
S. 2796—101

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 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,
S. 2796—102

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-OFWAY.—The Secretary shall credit the non-Federal interest

for the value of any land, easement, right-of-way, dredged

material disposal area, or relocation provided for carrying

out the project.

(C) FORM.—The non-Federal interest may provide up

to 50 percent of the non-Federal share in the form of

services, materials, supplies, or other in-kind contributions.

(f) APPLICABILITY OF OTHER FEDERAL AND STATE LAWS.—

Nothing in this section waives, limits, or otherwise affects the

applicability of Federal or State law with respect to a project

carried out with assistance provided under this section.

(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $20,000,000, to remain

available until expended.

SEC. 543. VERMONT DAMS REMEDIATION.

(a) IN GENERAL.—The Secretary—

(1) shall conduct a study to evaluate the structural integrity

and need for modification or removal of each dam located

in the State of Vermont and described in subsection (b);

(2) shall provide to the non-Federal interest design analysis, plans and specifications, and cost estimates for repair,

restoration, modification, and removal of each dam described

in subsection (b); and

(3) may carry out measures to prevent or mitigate against

such risk if the Secretary determines that a dam described

in subsection (b) presents an imminent and substantial risk

to public safety.

(b) DAMS TO BE EVALUATED.—The dams referred to in subsection (a) are the following:

(1) East Barre Dam, Barre Town.

(2) Wrightsville Dam, Middlesex-Montpelier.

(3) Lake Sadawga Dam, Whitingham.

(4) Dufresne Pond Dam, Manchester.

(5) Knapp Brook Site 1 Dam, Cavendish.

(6) Lake Bomoseen Dam, Castleton.

(7) Little Hosmer Dam, Craftsbury.

(8) Colby Pond Dam, Plymouth.

(9) Silver Lake Dam, Barnard.

(10) Gale Meadows Dam, Londonderry.

(c) COST SHARING.—The non-Federal share of the cost of activities under subsection (a) shall be 35 percent.

(d) COORDINATION.—In carrying out this section, the Secretary

shall coordinate with the appropriate State dam safety officials

and the Director of the Federal Emergency Management Agency.
S. 2796—103

(e) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $5,000,000.

SEC. 544. PUGET SOUND AND ADJACENT WATERS RESTORATION,

WASHINGTON.

(a) DEFINITION OF CRITICAL RESTORATION PROJECT.—In this

section, the term ‘‘critical restoration project’’ means a project that

will produce, consistent with Federal programs, projects, and activities, immediate and substantial ecosystem restoration, preservation,

and protection benefits.

(b) CRITICAL RESTORATION PROJECTS.—The Secretary may

participate in critical restoration projects in the area of Puget

Sound, Washington, and adjacent waters, including—

(1) the watersheds that drain directly into Puget Sound;

(2) Admiralty Inlet;

(3) Hood Canal;

(4) Rosario Strait; and

(5) the Strait of Juan de Fuca to Cape Flattery.

(c) PROJECT SELECTION.—

(1) IN GENERAL.—The Secretary may identify critical restoration projects in the area described in subsection (b) based

on—

(A) studies to determine the feasibility of carrying out

the critical restoration projects; and

(B) analyses conducted before the date of enactment

of this Act by non-Federal interests.

(2) CRITERIA AND PROCEDURES FOR REVIEW AND

APPROVAL.—

(A) IN GENERAL.—In consultation with the Secretary

of Commerce, the Secretary of the Interior, the Governor

of the State of Washington, tribal governments, and the

heads of other appropriate Federal, State, and local agencies, the Secretary may develop criteria and procedures

for prioritizing projects identified under paragraph (1).

(B) CONSISTENCY WITH FISH RESTORATION GOALS.—The

criteria and procedures developed under subparagraph (A)

shall be consistent with fish restoration goals of the

National Marine Fisheries Service and the State of Washington.

(C) USE OF EXISTING STUDIES AND PLANS.—In carrying

out subparagraph (A), the Secretary shall use, to the maximum extent practicable, studies and plans in existence

on the date of enactment of this Act to identify project

needs and priorities.

(3) LOCAL PARTICIPATION.—In prioritizing projects for

implementation under this section, the Secretary shall consult

with, and consider the priorities of, public and private entities

that are active in watershed planning and ecosystem restoration

in Puget Sound watersheds, including—

(A) the Salmon Recovery Funding Board;

(B) the Northwest Straits Commission;

(C) the Hood Canal Coordinating Council;

(D) county watershed planning councils; and

(E) salmon enhancement groups.

(d) IMPLEMENTATION.—The Secretary may carry out projects

identified under subsection (c) after entering into an agreement

with an appropriate non-Federal interest in accordance with section
S. 2796—104

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

this section.

(e) COST SHARING.—

(1) IN GENERAL.—Before carrying out any project under

this section, the Secretary shall enter into a binding agreement

with the non-Federal interest that shall require the non-Federal

interest—

(A) to pay 35 percent of the total costs of the project;

(B) to provide any land, easements, rights-of-way,

dredged material disposal areas and relocations necessary

to carry out the project;

(C) to pay 100 percent of the operation, maintenance,

repair, replacement, and rehabilitation costs associated

with the project; and

(D) to hold the United States harmless from any claim

or damage that may arise from carrying out the project,

except any claim or damage that may arise from the negligence of the Federal Government or a contractor of the

Federal Government.

(2) CREDIT.—

(A) IN GENERAL.—The Secretary shall credit the nonFederal interest for the value of any land, easement, rightof-way, dredged material disposal area, or relocation provided for carrying out the project.

(B) FORM.—The non-Federal interest may provide up

to 50 percent of the non-Federal share in the form of

services, materials, supplies, or other in-kind contributions.

(f) AUTHORIZATION OF APPROPRIATIONS.—There is authorized

to be appropriated to carry out this section $40,000,000, of which

not more than $5,000,000 may be used to carry out any 1 critical

restoration project.

SEC. 545. WILLAPA BAY, WASHINGTON.

(a) STUDY.—The Secretary shall conduct a study to determine

the feasibility of providing coastal erosion protection for the tribal

reservation of the Shoalwater Bay Tribe on Willapa Bay, Washington.

(b) PROJECT.—

(1) IN GENERAL.—Notwithstanding any other provision of

law (including any requirement for economic justification), the

Secretary may construct and maintain a project to provide

coastal erosion protection for the tribal reservation of the

Shoalwater Bay Tribe on Willapa Bay, Washington, at Federal

expense, if the Secretary determines that the project—

(A) is a cost-effective means of providing erosion protection;

(B) is environmentally acceptable and technically feasible; and

(C) will improve the economic and social conditions

of the Shoalwater Bay Tribe.

(2) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—As a condition

of the project described in paragraph (1), the Shoalwater Bay

Tribe shall provide lands, easements, rights-of-way, and

dredged material disposal areas necessary for implementation

of the project.
S. 2796—105

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

(a) IN GENERAL.—The city of Aberdeen, Washington, may

transfer all rights, title, and interests of the city in the land transferred to the city under section 203 of the Water Resources Development Act of 1990 (104 Stat. 4632) to the city of Tacoma, Washington.

(b) CONDITIONS.—The transfer under this section shall be subject to the conditions set forth in section 203(b) of the Water

Resources Development Act of 1990 (104 Stat. 4632); except that

the condition set forth in paragraph (1) of such section shall apply

to the city of Tacoma only for so long as the city of Tacoma

has a valid license with the Federal Energy Regulatory Commission

relating to operation of the Wynoochee Dam, Washington.

(c) LIMITATION.—The transfer under subsection (a) may be made

only after the Secretary determines that the city of Tacoma will

be able to operate, maintain, repair, replace, and rehabilitate the

project for Wynoochee Lake, Wynoochee River, Washington, authorized by section 203 of the Flood Control Act of 1962 (76 Stat.

1193), in accordance with such regulations as the Secretary may

issue to ensure that such operation, maintenance, repair, replacement, and rehabilitation is consistent with project purposes.

(d) WATER SUPPLY CONTRACT.—The water supply contract designated as DACWD 67–68–C–0024 shall be null and void if the

Secretary exercises the reversionary right set forth in section

203(b)(3) of the Water Resources Development Act of 1990 (104

Stat. 4632).

SEC. 547. BLUESTONE, WEST VIRGINIA.

(a) IN GENERAL.—The project for flood control, Bluestone Lake,

Ohio River basin, West Virginia, authorized by section 4 of the

Flood Control Act of June 28, 1938 (52 Stat. 1217), is modified

to authorize construction of hydroelectric generating facilities at

the project by the Tri-Cities Power Authority of West Virginia

under the terms and conditions of the agreement referred to in

subsection (b).

(b) AGREEMENT.— (1) AGREEMENT TERMS.—The Secretary and the Secretary

of Energy, acting through the Southeastern Power Administration, shall enter into a binding agreement with the Tri-Cities

Power Authority that contains mutually acceptable terms and

conditions and under which the Tri-Cities Power Authority

agrees to each of the following:

(A) To design and construct the generating facilities

referred to in subsection (a) within 4 years after the date

of such agreement.

(B) To reimburse the Secretary for—

(i) the cost of approving such design and inspecting

such construction;

(ii) the cost of providing any assistance authorized

under subsection (c)(2); and

(iii) the redistributed costs associated with the

original construction of the dam and dam safety if

all parties agree with the method of the development

of the chargeable amounts associated with hydropower

at the facility.

(C) To release and indemnify the United States from

any claims, causes of action, or liabilities that may arise

from such design and construction of the facilities referred
S. 2796—106

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),
S. 2796—107

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,
S. 2796—108

authorized by section 101 of the River and Harbor Act of 1962

(76 Stat. 1177), as continuing construction.

SEC. 552. WATERSHED MANAGEMENT, RESTORATION, AND DEVELOPMENT.

Section 503(d) of the Water Resources Development Act of

1996 (110 Stat. 3756–3757; 113 Stat. 288) is amended by adding

at the end the following:

‘‘(28) Tomales Bay watershed, California.

‘‘(29) Kaskaskia River watershed, Illinois.

‘‘(30) Sangamon River watershed, Illinois.

‘‘(31) Upper Charles River watershed, Massachusetts.

‘‘(32) Lackawanna River watershed, Pennsylvania.

‘‘(33) Brazos River watershed, Texas.’’.

SEC. 553. MAINTENANCE OF NAVIGATION CHANNELS.

Section 509(a) of the Water Resources Development Act of

1996 (110 Stat. 3759; 113 Stat. 339) is amended by adding at

the end the following:

‘‘(16) Cameron Loop, Louisiana, as part of the Calcasieu

River and Pass Ship Channel.

‘‘(17) Morehead City Harbor, North Carolina.’’.

SEC. 554. HYDROGRAPHIC SURVEY.

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

(1) to require the Secretary, not later than 60 days after

the Corps of Engineers completes a project involving dredging

of a channel, to provide data to the Administration in a

standard digital format on the results of a hydrographic survey

of the channel conducted by the Corps of Engineers; and

(2) to require the Administrator to provide the final charts

with respect to the project to the Secretary in digital format,

at no charge, for the purpose of enhancing the mission of

the Corps of Engineers of maintaining Federal navigation

projects.

SEC. 555. COLUMBIA RIVER TREATY FISHING ACCESS.

Section 401(d) of the Act entitled ‘‘An Act to establish procedures for review of tribal constitutions and bylaws or amendments

thereto pursuant to the Act of June 18, 1934 (48 Stat. 987)’’,

approved November 1, 1988 (102 Stat. 2944), is amended by striking

‘‘$2,000,000’’ and inserting ‘‘$4,000,000’’.

SEC. 556. RELEASE OF USE RESTRICTION.

(a) RELEASE.—Notwithstanding any other provision of law, the

Tennessee Valley Authority shall grant a release or releases, without monetary consideration, from the restrictive covenant that

requires that property described in subsection (b) shall at all times

be used solely for the purpose of erecting docks and buildings

for shipbuilding purposes or for the manufacture or storage of

products for the purpose of trading or shipping in transportation.

(b) DESCRIPTION OF PROPERTY.—This section shall apply only

to those lands situated in the city of Decatur, Morgan County,

Alabama, and described in an indenture conveying such lands to

the Ingalls Shipbuilding Corporation dated July 29, 1954, and

recorded in deed book 535 at page 6 in the office of the Probate
S. 2796—109

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

acquired by the Alabama Farmers Cooperative, Inc.

TITLE VI—COMPREHENSIVE

EVERGLADES RESTORATION

SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

(a) DEFINITIONS.—In this section, the following definitions

apply:

(1) CENTRAL AND SOUTHERN FLORIDA PROJECT.—

(A) IN GENERAL.—The term ‘‘Central and Southern

Florida Project’’ means the project for Central and Southern

Florida authorized under the heading ‘‘CENTRAL AND

SOUTHERN FLORIDA’’ in section 203 of the Flood Control

Act of 1948 (62 Stat. 1176).

(B) INCLUSION.—The term ‘‘Central and Southern

Florida Project’’ includes any modification to the project

authorized by this section or any other provision of law.

(2) GOVERNOR.—The term ‘‘Governor’’ means the Governor

of the State of Florida.

(3) NATURAL SYSTEM.—

(A) IN GENERAL.—The term ‘‘natural system’’ means

all land and water managed by the Federal Government

or the State within the South Florida ecosystem.

(B) INCLUSIONS.—The term ‘‘natural system’’

includes—

(i) water conservation areas;

(ii) sovereign submerged land;

(iii) Everglades National Park;

(iv) Biscayne National Park;

(v) Big Cypress National Preserve;

(vi) other Federal or State (including a political

subdivision of a State) land that is designated and

managed for conservation purposes; and

(vii) any tribal land that is designated and managed for conservation purposes, as approved by the

tribe.

(4) PLAN.—The term ‘‘Plan’’ means the Comprehensive

Everglades Restoration Plan contained in the ‘‘Final Integrated

Feasibility Report and Programmatic Environmental Impact

Statement’’, dated April 1, 1999, as modified by this section.

(5) SOUTH FLORIDA ECOSYSTEM.— (A) IN GENERAL.—The term ‘‘South Florida ecosystem’’

means the area consisting of the land and water within

the boundary of the South Florida Water Management

District in effect on July 1, 1999.

(B) INCLUSIONS.—The term ‘‘South Florida ecosystem’’

includes—

(i) the Everglades;

(ii) the Florida Keys; and

(iii) the contiguous near-shore coastal water of

South Florida.

(6) STATE.—The term ‘‘State’’ means the State of Florida.

(b) COMPREHENSIVE EVERGLADES RESTORATION PLAN.—

(1) APPROVAL.—
S. 2796—110

(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.
S. 2796—111

(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 nonFederal 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 nonFederal 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 nonFederal 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.
S. 2796—112

(xi) Adaptive Assessment and Monitoring Program,

at a total cost of $100,000,000, with an estimated Federal cost of $50,000,000 and an estimated non-Federal

cost of $50,000,000.

(D) CONDITIONS.—

(i) PROJECT IMPLEMENTATION REPORTS.—Before

implementation of a project described in any of clauses

(i) through (x) of subparagraph (C), the Secretary shall

review and approve for the project a project

implementation report prepared in accordance with

subsections (f) and (h).

(ii) SUBMISSION OF REPORT.—The Secretary shall

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

the project implementation report required by subsections (f) and (h) for each project under this paragraph (including all relevant data and information on

all costs).

(iii) FUNDING CONTINGENT ON APPROVAL.—No

appropriation shall be made to construct any project

under this paragraph if the project implementation

report for the project has not been approved by resolutions adopted by the Committee on Transportation and

Infrastructure of the House of Representatives and

the Committee on Environment and Public Works of

the Senate.

(iv) MODIFIED WATER DELIVERY.—No appropriation

shall be made to construct the Water Conservation

Area 3 Decompartmentalization and Sheetflow

Enhancement Project (including component AA, Additional S–345 Structures; component QQ Phase 1, Raise

and Bridge East Portion of Tamiami Trail and Fill

Miami Canal within WCA 3; component QQ Phase

2, WCA 3 Decompartmentalization and Sheetflow

Enhancement; and component SS, North New River

Improvements) or the Central Lakebelt Storage Project

(including components S and EEE, Central Lake Belt

Storage Area) until the completion of the project to

improve water deliveries to Everglades National Park

authorized by section 104 of the Everglades National

Park Protection and Expansion Act of 1989 (16 U.S.C.

410r–8).

(E) MAXIMUM COST OF PROJECTS.—Section 902 of the

Water Resources Development Act of 1986 (33 U.S.C. 2280)

shall apply to each project feature authorized under this

subsection.

(c) ADDITIONAL PROGRAM AUTHORITY.—

(1) IN GENERAL.—To expedite implementation of the Plan,

the Secretary may implement modifications to the Central and

Southern Florida Project that—

(A) are described in the Plan; and

(B) will produce a substantial benefit to the restoration,

preservation and protection of the South Florida ecosystem.

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

the Secretary shall review and approve for the project feature
S. 2796—113

a project implementation report prepared in accordance with

subsections (f) and (h).

(3) FUNDING.—

(A) INDIVIDUAL PROJECT FUNDING.—

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

project carried out under this subsection shall not

exceed $12,500,000.

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

carried out under this subsection shall not exceed

$25,000,000.

(B) AGGREGATE COST.—The total cost of all projects

carried out under this subsection shall not exceed

$206,000,000, with an estimated Federal cost of

$103,000,000 and an estimated non-Federal cost of

$103,000,000.

(d) AUTHORIZATION OF FUTURE PROJECTS.—

(1) IN GENERAL.—Except for a project authorized by subsection (b) or (c), any project included in the Plan shall require

a specific authorization by Congress.

(2) SUBMISSION OF REPORT.—Before seeking congressional

authorization for a project under paragraph (1), the Secretary

shall submit to Congress—

(A) a description of the project; and

(B) a project implementation report for the project

prepared in accordance with subsections (f) and (h).

(e) COST SHARING.—

(1) FEDERAL SHARE.—The Federal share of the cost of carrying out a project authorized by subsection (b), (c), or (d)

shall be 50 percent.

(2) NON-FEDERAL RESPONSIBILITIES.—The non-Federal

sponsor with respect to a project described in subsection (b),

(c), or (d), shall be—

(A) responsible for all land, easements, rights-of-way,

and relocations necessary to implement the Plan; and

(B) afforded credit toward the non-Federal share of

the cost of carrying out the project in accordance with

paragraph (5)(A).

(3) FEDERAL ASSISTANCE.— (A) IN GENERAL.—The non-Federal sponsor with

respect to a project authorized by subsection (b), (c), or

(d) may use Federal funds for the purchase of any land,

easement, rights-of-way, or relocation that is necessary

to carry out the project if any funds so used are credited

toward the Federal share of the cost of the project.

(B) AGRICULTURE FUNDS.—Funds provided to the nonFederal sponsor under the Conservation Restoration and

Enhancement Program (CREP) and the Wetlands Reserve

Program (WRP) for projects in the Plan shall be credited

toward the non-Federal share of the cost of the Plan if

the Secretary of Agriculture certifies that the funds provided may be used for that purpose. Funds to be credited

do not include funds provided under section 390 of the

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

incidental costs) or work provided under this subsection

shall be subject to audit by the Secretary.

(f) EVALUATION OF PROJECTS.—

(1) IN GENERAL.—Before implementation of a project

authorized by subsection (c) or (d) or any of clauses (i) through

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

the non-Federal sponsor, shall complete, after notice and opportunity for public comment and in accordance with subsection

(h), a project implementation report for the project.

(2) PROJECT JUSTIFICATION.—

(A) IN GENERAL.—Notwithstanding section 209 of the

Flood Control Act of 1970 (42 U.S.C. 1962–2) or any other

provision of law, in carrying out any activity authorized

under this section or any other provision of law to restore,

preserve, or protect the South Florida ecosystem, the Secretary may determine that—

(i) the activity is justified by the environmental

benefits derived by the South Florida ecosystem; and

(ii) no further economic justification for the activity

is required, if the Secretary determines that the

activity is cost-effective.

(B) APPLICABILITY.—Subparagraph (A) shall not apply

to any separable element intended to produce benefits that

are predominantly unrelated to the restoration, preservation, and protection of the natural system.

(g) EXCLUSIONS AND LIMITATIONS.—The following Plan components are not approved for implementation:

(1) WATER INCLUDED IN THE PLAN.—

(A) IN GENERAL.—Any project that is designed to implement the capture and use of the approximately 245,000

acre-feet of water described in section 7.7.2 of the Plan

shall not be implemented until such time as—

(i) the project-specific feasibility study described

in subparagraph (B) on the need for and physical

delivery of the approximately 245,000 acre-feet of

water, conducted by the Secretary, in cooperation with

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

wastewater reuse pilot project described in subsection

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

year report, shall describe the results of the evaluation

of advanced wastewater reuse in meeting, in a cost-effective

manner, the requirements of restoration of the natural

system.

(B) SUBMISSION.—The Secretary shall submit to Congress the report described in subparagraph (A) before

congressional authorization for advanced wastewater reuse

is sought.

(3) PROJECTS APPROVED WITH LIMITATIONS.—The following

projects in the Plan are approved for implementation with

limitations:

(A) LOXAHATCHEE NATIONAL WILDLIFE REFUGE.—The

Federal share for land acquisition in the project to enhance

existing wetland systems along the Loxahatchee National

Wildlife Refuge, including the Stazzulla tract, should be

funded through the budget of the Department of the

Interior.

(B) SOUTHERN CORKSCREW REGIONAL ECOSYSTEM.—The

Southern Corkscrew regional ecosystem watershed addition

should be accomplished outside the scope of the Plan.

(h) ASSURANCE OF PROJECT BENEFITS.—

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

is the restoration, preservation, and protection of the South

Florida Ecosystem while providing for other water-related needs

of the region, including water supply and flood protection. The

Plan shall be implemented to ensure the protection of water

quality in, the reduction of the loss of fresh water from, the

improvement of the environment of the South Florida Ecosystem and to achieve and maintain the benefits to the natural

system and human environment described in the Plan, and

required pursuant to this section, for as long as the project

is authorized.

(2) AGREEMENT.— (A) IN GENERAL.—In order to ensure that water generated by the Plan will be made available for the restoration of the natural system, no appropriations, except for

any pilot project described in subsection (b)(2)(B), shall

be made for the construction of a project contained in

the Plan until the President and the Governor enter into

a binding agreement under which the State shall ensure,

by regulation or other appropriate means, that water made

available by each project in the Plan shall not be permitted

for a consumptive use or otherwise made unavailable by

the State 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
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(A) may bring a civil action in United States district

court for an injunction directing the United States

or any other Federal Government instrumentality or

agency or the Governor or any other officer of a State

instrumentality or agency, as the case may be, to

comply with the agreement.

(ii) LIMITATIONS ON COMMENCEMENT OF CIVIL

ACTION.—No civil action may be commenced under

clause (i)—

(I) before the date that is 60 days after the

Secretary and the Governor receive written notice

of a failure to comply with the agreement; or

(II) if the United States has commenced and

is diligently prosecuting an action in a court of

the United States or a State to redress a failure

to comply with the agreement.

(C) TRUST RESPONSIBILITIES.—In carrying out his

responsibilities under this subsection with respect to the

restoration of the South Florida ecosystem, the Secretary

of the Interior shall fulfill his obligations to the Indian

tribes in South Florida under the Indian trust doctrine

as well as other applicable legal obligations.

(3) PROGRAMMATIC REGULATIONS.—

(A) ISSUANCE.—Not later than 2 years after the date

of enactment of this Act, the Secretary shall, after notice

and opportunity for public comment, with the concurrence

of the Governor and the Secretary of the Interior, and

in consultation with the Seminole Tribe of Florida, the

Miccosukee Tribe of Indians of Florida, the Administrator

of the Environmental Protection Agency, the Secretary of

Commerce, and other Federal, State, and local agencies,

promulgate programmatic regulations to ensure that the

goals and purposes of the Plan are achieved.

(B) CONCURRENCY STATEMENT.—The Secretary of the

Interior and the Governor shall, not later than 180 days

from the end of the public comment period on proposed

programmatic regulations, provide the Secretary with a

written statement of concurrence or nonconcurrence. A

failure to provide a written statement of concurrence or

nonconcurrence within such time frame will be deemed

as meeting the concurrency requirements of subparagraph

(A)(i). A copy of any concurrency or nonconcurrency statements shall be made a part of the administrative record

and referenced in the final programmatic regulations. Any

nonconcurrency 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
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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.);
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(IV) identify the appropriate quantity, timing,

and distribution of water dedicated and managed

for the natural system;

(V) identify the amount of water to be reserved

or allocated for the natural system necessary to

implement, under State law, subclauses (IV) and

(VI);

(VI) comply with applicable water quality

standards and applicable water quality permitting

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

(VII) be based on the best available science;

and

(VIII) include an analysis concerning the costeffectiveness and engineering feasibility of the

project.

(B) PROJECT COOPERATION AGREEMENTS.—

(i) IN GENERAL.—The Secretary and the non-Federal sponsor shall execute project cooperation agreements in accordance with section 10 of the Plan.

(ii) CONDITION.—The Secretary shall not execute

a project cooperation agreement until any reservation

or allocation of water for the natural system identified

in the project implementation report is executed under

State law.

(C) OPERATING MANUALS.—

(i) IN GENERAL.—The Secretary and the non-Federal sponsor shall develop and issue, for each project

or group of projects, an operating manual that is consistent with the water reservation or allocation for

the natural system described in the project

implementation report and the project cooperation

agreement for the project or group of projects.

(ii) MODIFICATIONS.—Any significant modification

by the Secretary and the non-Federal sponsor to an

operating manual after the operating manual is issued

shall only be carried out subject to notice and opportunity for public comment.

(5) SAVINGS CLAUSE.—

(A) NO ELIMINATION OR TRANSFER.—Until a new source

of water supply of comparable quantity and quality as

that available on the date of enactment of this Act is

available to replace the water to be lost as a result of

implementation of the Plan, the Secretary and the nonFederal 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—
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(i) in existence on the date of enactment of this

Act; and

(ii) in accordance with applicable law.

(C) NO EFFECT ON TRIBAL COMPACT.—Nothing in this

section amends, alters, prevents, or otherwise abrogates

rights of the Seminole Indian Tribe of Florida under the

compact among the Seminole Tribe of Florida, the State,

and the South Florida Water Management District,

defining the scope and use of water rights of the Seminole

Tribe of Florida, as codified by section 7 of the Seminole

Indian Land Claims Settlement Act of 1987 (25 U.S.C.

1772e).

(i) DISPUTE RESOLUTION.—

(1) IN GENERAL.—The Secretary and the Governor shall

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

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

the Plan. Such agreement shall establish a mechanism for

the timely and efficient resolution of disputes, including—

(A) a preference for the resolution of disputes between

the Jacksonville District of the Corps of Engineers and

the South Florida Water Management District;

(B) a mechanism for the Jacksonville District of the

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

unresolved issues;

(C) the establishment of appropriate timeframes and

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

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

within 180 days from the date that the dispute resolution

process is initiated under subparagraph (B).

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

not approve a project implementation report under this section

until the agreement established under this subsection has been

executed.

(3) NO EFFECT ON LAW.—Nothing in the agreement established under this subsection shall alter or amend any existing

Federal or State law, or the responsibility of any party to

the agreement to comply with any Federal or State law.

(j) INDEPENDENT SCIENTIFIC REVIEW.— (1) IN GENERAL.—The Secretary, the Secretary of the

Interior, and the Governor, in consultation with the South

Florida Ecosystem Restoration Task Force, shall establish an

independent scientific review panel convened by a body, such

as the National Academy of Sciences, to review the Plan’s

progress toward achieving the natural system restoration goals

of the Plan.

(2) REPORT.—The panel described in paragraph (1) shall

produce a biennial report to Congress, the Secretary, the Secretary of the Interior, and the Governor that includes an assessment of ecological indicators and other measures of progress

in restoring the ecology of the natural system, based on the

Plan.

(k) OUTREACH AND ASSISTANCE.—

(1) SMALL BUSINESS CONCERNS OWNED AND OPERATED BY

SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS.—
S. 2796—121

In executing the Plan, the Secretary shall ensure that small

business concerns owned and controlled by socially and

economically disadvantaged individuals are provided opportunities to participate under section 15(g) of the Small Business

Act (15 U.S.C. 644(g)).

(2) COMMUNITY OUTREACH AND EDUCATION.—

(A) IN GENERAL.—The Secretary shall ensure that

impacts on socially and economically disadvantaged

individuals, including individuals with limited English proficiency, and communities are considered during

implementation of the Plan, and that such individuals have

opportunities to review and comment on its implementation.

(B) PROVISION OF OPPORTUNITIES.—The Secretary shall

ensure, to the maximum extent practicable, that public

outreach and educational opportunities are provided,

during implementation of the Plan, to the individuals of

South Florida, including individuals with limited English

proficiency, and in particular for socially and economically

disadvantaged communities.

(l) REPORT TO CONGRESS.—Beginning on October 1, 2005, and

periodically thereafter until October 1, 2036, the Secretary and

the Secretary of the Interior, in consultation with the Environmental Protection Agency, the Department of Commerce, and the

State of Florida, shall jointly submit to Congress a report on the

implementation of the Plan. Such reports shall be completed not

less often than every 5 years. Such reports shall include a description of planning, design, and construction work completed, the

amount of funds expended during the period covered by the report

(including a detailed analysis of the funds expended for adaptive

assessment under subsection (b)(2)(C)(xi)), and the work anticipated

over the next 5-year period. In addition, each report shall include—

(1) the determination of each Secretary, and the Administrator of the Environmental Protection Agency, concerning the

benefits to the natural system and the human environment

achieved as of the date of the report and whether the completed

projects of the Plan are being operated in a manner that is

consistent with the requirements of subsection (h);

(2) progress toward interim goals established in accordance

with subsection (h)(3)(B); and

(3) a review of the activities performed by the Secretary

under subsection (k) as they relate to socially and economically

disadvantaged individuals and individuals with limited English

proficiency.

(m) REPORT ON AQUIFER STORAGE AND RECOVERY PROJECT.—

Not later than 180 days after the date of enactment of this Act,

the Secretary shall transmit to Congress a report containing a

determination as to whether the ongoing Biscayne Aquifer Storage

and Recovery Program located in Miami-Dade County has a

substantial benefit to the restoration, preservation, and protection

of the South Florida ecosystem.

(n) FULL DISCLOSURE OF PROPOSED FUNDING.—

(1) FUNDING FROM ALL SOURCES.—The President, as part

of the annual budget of the United States Government, shall

display under the heading ‘‘Everglades Restoration’’ all proposed funding for the Plan for all agency programs.
S. 2796—122

(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
S. 2796—123

jobs and economic redevelopment for the community, and be

consistent with other applicable laws;

(4) consistent with applicable laws, the Secretary of the

Air Force should proceed as quickly as practicable to issue

a final SEIS and Record of Decision so that reuse of the former

air base can proceed expeditiously;

(5) following conveyance of the remaining surplus property,

the Secretary, as part of his oversight for Everglades restoration, should cooperate with the entities to which the various

parcels of surplus property were conveyed so that the planned

use of those properties is implemented in such a manner as

to remain consistent with the goals of the Everglades restoration plan; and

(6) not later than August 1, 2002, the Secretary should

submit a report to the appropriate committees of Congress

on actions taken and make any recommendations for consideration by Congress.

TITLE VII—MISSOURI RIVER

RESTORATION, NORTH DAKOTA

SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Missouri River Protection and

Improvement Act of 2000’’.

SEC. 702. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the Missouri River is—

(A) an invaluable economic, environmental, recreational, and cultural resource to the people of the United

States; and

(B) a critical source of water for drinking and irrigation;

(2) millions of people fish, hunt, and camp along the Missouri River each year;

(3) thousands of sites of spiritual importance to Native

Americans line the shores of the Missouri River;

(4) the Missouri River provides critical wildlife habitat

for threatened and endangered species;

(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;
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(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.
S. 2796—125

(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 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
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(D) other issues, as requested by the Task Force.

(2) CONSULTATION.—In preparing the report under paragraph (1), the Secretary shall consult with—

(A) the Secretary of Energy;

(B) the Secretary of the Interior;

(C) the Secretary of Agriculture;

(D) the State; and

(E) Indian tribes in the State.

(e) PLAN FOR USE OF FUNDS MADE AVAILABLE BY THIS TITLE.—

(1) IN GENERAL.—Not later than 3 years after the date

on which funding authorized under this title becomes available,

the Task Force shall prepare a plan for the use of funds

made available under this title.

(2) CONTENTS OF PLAN.—The plan shall provide for the

manner in which the Task Force shall develop and recommend

critical restoration projects to promote—

(A) conservation practices in the Missouri River watershed;

(B) the general control and removal of sediment from

the Missouri River;

(C) the protection of recreation on the Missouri River

from sedimentation;

(D) the protection of Indian and non-Indian historical

and cultural sites along the Missouri River from erosion;

(E) erosion control along the Missouri River; or

(F) any combination of the activities described in subparagraphs (A) through (E).

(3) PLAN REVIEW AND REVISION.— (A) IN GENERAL.—The Task Force shall make a copy

of the plan available for public review and comment before

the plan becomes final in accordance with procedures established by the Task Force.

(B) REVISION OF PLAN.— (i) IN GENERAL.—The Task Force may, on an

annual basis, revise the plan.

(ii) PUBLIC REVIEW AND COMMENT.—In revising the

plan, the Task Force shall provide the public the opportunity to review and comment on any proposed revision

to the plan.

(f) CRITICAL RESTORATION PROJECTS.— (1) IN GENERAL.—After the plan is approved by the Task

Force under subsection (c)(2), the Secretary, in coordination

with the Task Force, shall identify critical restoration projects

to carry out the plan.

(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.—
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(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 nonFederal interest shall—

(I) provide all land, easements, rights-of-way,

dredged material disposal areas, and relocations;

(II) pay all operation, maintenance, replacement, repair, and rehabilitation costs; and

(III) hold the United States harmless from

all claims arising from the construction, operation,

and maintenance of the project.

(iii) CREDIT.—The Secretary shall credit the nonFederal interest for all contributions provided under

clause (ii)(I).

SEC. 706. ADMINISTRATION.

(a) IN GENERAL.—Nothing in this title diminishes or affects—

(1) any water right of an Indian tribe;

(2) any other right of an Indian tribe, except as specifically

provided in another provision of this title;

(3) any treaty right that is in effect on the date of enactment of this Act;

(4) any external boundary of an Indian reservation of an

Indian tribe;

(5) any authority of the State that relates to the protection,

regulation, or management of fish, terrestrial wildlife, and cultural and archaeological resources, except as specifically provided in this title; or
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(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 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
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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,
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or substitute for, an existing cabin site lease under paragraph

(2).

(2) DETERMINATION; NOTICE.—Not later than 1 year after

the date of enactment of this Act, and before proceeding with

any exchange under this title, the Secretary shall—

(A)(i) with the concurrence of the Secretary of the

Interior, determine individual cabin sites that are not suitable for conveyance to a lessee because the cabin sites

are isolated so that conveyance of 1 or more of the cabin

sites would create an inholding that would impair management of the Refuge; and

(ii) with the concurrence of the Secretary of the Interior

and the lessee, determine individual cabin sites that are

not suitable for conveyance to a lessee for any other reason

that adversely impacts the future habitability of the cabin

sites; and

(B) provide written notice to each lessee that specifies

any requirements concerning the form of a notice of interest

in acquiring a cabin site that the lessee may submit under

subsection (b)(1) and an estimate of the portion of administrative costs that would be required to be reimbursed to

the Secretary under section 808(b), to—

(i) determine whether the lessee is interested in

acquiring the cabin site area of the lessee; and

(ii) inform each lessee of the rights of the lessee

under this title.

(3) OFFER OF COMPARABLE CABIN SITE.—If the Secretary

determines that a cabin site is not suitable for conveyance

to a lessee under paragraph (2)(A), the Secretary, in consultation with the Secretary of the Interior, shall offer to the lessee

the opportunity to acquire a comparable cabin site within the

same cabin site area.

(b) RESPONSE.—

(1) NOTICE OF INTEREST.—

(A) IN GENERAL.—Not later than July 1, 2003, a lessee

shall notify the Secretary in writing of an interest in

acquiring the cabin site of the lessee.

(B) FORM.—The notice under this paragraph shall be

submitted in such form as is required by the Secretary

under subsection (a)(2)(B).

(2) UNPURCHASED CABIN SITES.—If the Secretary receives

no notice of interest or offer to purchase a cabin site from

the lessee under paragraph (1) or the lessee declines an opportunity to purchase a comparable cabin site under subsection

(a)(3), the cabin site shall be subject to sections 805 and 806.

(c) PROCESS.—After providing notice to a lessee under subsection (a)(2)(B), the Secretary, with the concurrence of the Secretary of the Interior, shall—

(1) determine whether any small parcel of land adjacent

to any cabin site (not including shoreline or land needed to

provide public access to the shoreline of Fort Peck Lake) should

be conveyed as part of the cabin site to—

(A) protect water quality;

(B) eliminate an inholding; or

(C) facilitate administration of the land remaining in

Federal ownership;
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(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
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(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
S. 2796—133

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 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).
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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
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(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.
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TITLE IX—MISSOURI RIVER

RESTORATION, SOUTH DAKOTA

SEC. 901. SHORT TITLE.

This title may be cited as the ‘‘Missouri River Restoration

Act of 2000’’.

SEC. 902. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—

(1) the Missouri River is—

(A) an invaluable economic, environmental, recreational, and cultural resource to the people of the United

States; and

(B) a critical source of water for drinking and irrigation;

(2) millions of people fish, hunt, and camp along the Missouri River each year;

(3) thousands of sites of spiritual importance to Native

Americans line the shores of the Missouri River;

(4) the Missouri River provides critical wildlife habitat

for threatened and endangered species;

(5) in 1944, Congress approved the Pick-Sloan program—

(A) to promote the general economic development of

the United States;

(B) to provide for irrigation above Sioux City, Iowa;

(C) to protect urban and rural areas from devastating

floods of the Missouri River; and

(D) for other purposes;

(6) the Oahe, Big Bend, Fort Randall, and Gavins Point

Dams were constructed on the Missouri River in South Dakota

under the Pick-Sloan program;

(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;
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(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;
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(2) 9 members, 1 of each of whom shall be recommended

by each of the 9 Indian tribes in the State of South Dakota;

and

(3) 1 member recommended by the organization known

as the ‘‘Three Affiliated Tribes of North Dakota’’ (composed

of the Mandan, Hidatsa, and Arikara tribes).

SEC. 905. MISSOURI RIVER TASK FORCE.

(a) ESTABLISHMENT.—There is established the Missouri River

Task Force.

(b) MEMBERSHIP.—The Task Force shall be composed of—

(1) the Secretary (or a designee), who shall serve as Chairperson;

(2) the Secretary of Agriculture (or a designee);

(3) the Secretary of Energy (or a designee);

(4) the Secretary of the Interior (or a designee); and

(5) the Trust.

(c) DUTIES.—The Task Force shall—

(1) meet at least twice each year;

(2) vote on approval of the plan, with approval requiring

votes in favor of the plan by a majority of the members;

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

(4) recommend to the Secretary critical projects for

implementation.

(d) ASSESSMENT.—

(1) IN GENERAL.—Not later than 18 months after the date

on which funding authorized under this title becomes available,

the Secretary shall submit to the other members of the Task

Force a report on—

(A) the impact of the siltation of the Missouri River

in the State, including the impact on—

(i) the Federal, State, and regional economies;

(ii) recreation;

(iii) hydropower generation;

(iv) fish and wildlife; and

(v) flood control;

(B) the status of Indian and non-Indian historical and

cultural sites along the Missouri River;

(C) the extent of erosion along the Missouri River

(including tributaries of the Missouri River) in the State;

and

(D) other issues, as requested by the Task Force.

(2) CONSULTATION.—In preparing the report under paragraph (1), the Secretary shall consult with—

(A) the Secretary of Energy;

(B) the Secretary of the Interior;

(C) the Secretary of Agriculture;

(D) the State; and

(E) Indian tribes in the State.

(e) PLAN FOR USE OF FUNDS MADE AVAILABLE BY THIS TITLE.—

(1) IN GENERAL.—Not later than 3 years after the date

on which funding authorized under this title becomes available,

the Task Force shall prepare a plan for the use of funds

made available under this title.

(2) CONTENTS OF PLAN.—The plan shall provide for the

manner in which the Task Force shall develop and recommend

critical restoration projects to promote—
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(A) conservation practices in the Missouri River watershed;

(B) the general control and removal of sediment from

the Missouri River;

(C) the protection of recreation on the Missouri River

from sedimentation;

(D) the protection of Indian and non-Indian historical

and cultural sites along the Missouri River from erosion;

(E) erosion control along the Missouri River; or

(F) any combination of the activities described in subparagraphs (A) through (E).

(3) PLAN REVIEW AND REVISION.—

(A) IN GENERAL.—The Task Force shall make a copy

of the plan available for public review and comment before

the plan becomes final, in accordance with procedures

established by the Task Force.

(B) REVISION OF PLAN.—

(i) IN GENERAL.—The Task Force may, on an

annual basis, revise the plan.

(ii) PUBLIC REVIEW AND COMMENT.—In revising the

plan, the Task Force shall provide the public the opportunity to review and comment on any proposed revision

to the plan.

(f) CRITICAL RESTORATION PROJECTS.—

(1) IN GENERAL.—After the plan is approved by the Task

Force under subsection (c)(2), the Secretary, in coordination

with the Task Force, shall identify critical restoration projects

to carry out the plan.

(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.—
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(A) IN GENERAL.—A non-Federal cost share shall be

required to carry out any critical restoration project under

subsection (f) that does not primarily benefit the Federal

Government, as determined by the Task Force.

(B) FEDERAL SHARE.—The Federal share of the cost

of carrying out a project under subsection (f) for which

the Task Force requires a non-Federal cost share under

subparagraph (A) shall be 65 percent, not to exceed

$5,000,000 for any critical restoration project.

(C) NON-FEDERAL SHARE.—

(i) IN GENERAL.—Not more than 50 percent of the

non-Federal share of the cost of carrying out a project

described in subparagraph (B) may be provided in the

form of services, materials, or other in-kind contributions.

(ii) REQUIRED NON-FEDERAL CONTRIBUTIONS.—For

any project described in subparagraph (B), the nonFederal interest shall—

(I) provide all land, easements, rights-of-way,

dredged material disposal areas, and relocations;

(II) pay all operation, maintenance, replacement, repair, and rehabilitation costs; and

(III) hold the United States harmless from

all claims arising from the construction, operation,

and maintenance of the project.

(iii) CREDIT.—The Secretary shall credit the nonFederal interest for all contributions provided under

clause (ii)(I).

SEC. 906. ADMINISTRATION.

(a) IN GENERAL.—Nothing in this title diminishes or affects—

(1) any water right of an Indian tribe;

(2) any other right of an Indian tribe, except as specifically

provided in another provision of this title;

(3) any treaty right that is in effect on the date of enactment of this Act;

(4) any external boundary of an Indian reservation of an

Indian tribe;

(5) any authority of the State that relates to the protection,

regulation, or management of fish, terrestrial wildlife, and cultural and archaeological resources, except as specifically provided in this title; or

(6) any authority of the Secretary, the Secretary of the

Interior, or the head of any other Federal agency under a

law in effect on the date of enactment of this Act, including—

(A) the National Historic Preservation Act (16 U.S.C.

470 et seq.);

(B) the Archaeological Resources Protection Act of 1979

(16 U.S.C. 470aa et seq.);

(C) the Fish and Wildlife Coordination Act (16 U.S.C.

661 et seq.);

(D) the Act entitled ‘‘An Act for the protection of the

bald eagle’’, approved June 8, 1940 (16 U.S.C. 668 et seq.);

(E) the Migratory Bird Treaty Act (16 U.S.C. 703 et

seq.);

(F) the Endangered Species Act of 1973 (16 U.S.C.

1531 et seq.);
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(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.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.