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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2796 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
106th CONGRESS
  2d Session
                                S. 2796

_______________________________________________________________________

                                 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.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
                   TITLE I--WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.
Sec. 102. Small shore protection projects.
Sec. 103. Small navigation projects.
Sec. 104. Removal of snags and clearing and straightening of channels 
                            in navigable waters.
Sec. 105. Small bank stabilization projects.
Sec. 106. Small flood control projects.
Sec. 107. Small projects for improvement of the quality of the 
                            environment.
Sec. 108. Beneficial uses of dredged material.
Sec. 109. Small aquatic ecosystem restoration projects.
Sec. 110. Flood mitigation and riverine restoration.
Sec. 111. Disposal of dredged material on beaches.
                      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. Operation and maintenance of hydroelectric facilities.
Sec. 208. Interagency and international support.
Sec. 209. Reburial and conveyance authority.
Sec. 210. Approval of construction of dams and dikes.
Sec. 211. Project deauthorization authority.
Sec. 212. Floodplain management requirements.
Sec. 213. Environmental dredging.
Sec. 214. Regulatory analysis and management systems data.
Sec. 215. Performance of specialized or technical services.
Sec. 216. Hydroelectric power project funding.
Sec. 217. Assistance programs.
Sec. 218. Funding to process permits.
Sec. 219. Program to market dredged material.
Sec. 220. National Academy of Sciences studies.
                 TITLE III--PROJECT-RELATED PROVISIONS

Sec. 301. Tennessee-Tombigbee Waterway Wildlife Mitigation Project, 
                            Alabama and Mississippi.
Sec. 302. Boydsville, Arkansas.
Sec. 303. White River Basin, Arkansas and Missouri.
Sec. 304. Petaluma, California.
Sec. 305. Gasparilla and Estero Islands, Florida.
Sec. 306. Illinois River basin restoration, Illinois.
Sec. 307. Upper Des Plaines River and tributaries, Illinois.
Sec. 308. Atchafalaya Basin, Louisiana.
Sec. 309. Red River Waterway, Louisiana.
Sec. 310. Narraguagus River, Milbridge, Maine.
Sec. 311. William Jennings Randolph Lake, Maryland.
Sec. 312. Breckenridge, Minnesota.
Sec. 313. Missouri River Valley, Missouri.
Sec. 314. New Madrid County, Missouri.
Sec. 315. Pemiscot County Harbor, Missouri.
Sec. 316. Pike County, Missouri.
Sec. 317. Fort Peck fish hatchery, Montana.
Sec. 318. Sagamore Creek, New Hampshire.
Sec. 319. Passaic River Basin flood management, New Jersey.
Sec. 320. Rockaway Inlet to Norton Point, New York.
Sec. 321. John Day Pool, Oregon and Washington.
Sec. 322. Fox Point hurricane barrier, Providence, Rhode Island.
Sec. 323. Charleston Harbor, South Carolina.
Sec. 324. Savannah River, South Carolina.
Sec. 325. Houston-Galveston Navigation Channels, Texas.
Sec. 326. Joe Pool Lake, Trinity River basin, Texas.
Sec. 327. Lake Champlain watershed, Vermont and New York.
Sec. 328. Mount St. Helens, Washington.
Sec. 329. Puget Sound and adjacent waters restoration, Washington.
Sec. 330. Fox River System, Wisconsin.
Sec. 331. Chesapeake Bay oyster restoration.
Sec. 332. Great Lakes dredging levels adjustment.
Sec. 333. Great Lakes fishery and ecosystem restoration.
Sec. 334. Great Lakes remedial action plans and sediment remediation.
Sec. 335. Great Lakes tributary model.
Sec. 336. Treatment of dredged material from Long Island Sound.
Sec. 337. New England water resources and ecosystem restoration.
Sec. 338. Project deauthorizations.
Sec. 339. Bogue Banks, Carteret County, North Carolina.
                           TITLE IV--STUDIES

Sec. 401. Baldwin County, Alabama.
Sec. 402. Bono, Arkansas.
Sec. 403. Cache Creek Basin, California.
Sec. 404. Estudillo Canal watershed, California.
Sec. 405. Laguna Creek watershed, California.
Sec. 406. Oceanside, California.
Sec. 407. San Jacinto watershed, California.
Sec. 408. Choctawhatchee River, Florida.
Sec. 409. Egmont Key, Florida.
Sec. 410. Fernandina Harbor, Florida.
Sec. 411. Upper Ocklawaha River and Apopka/Palatlakaha River basins, 
                            Florida.
Sec. 412. Boise River, Idaho.
Sec. 413. Wood River, Idaho.
Sec. 414. Chicago, Illinois.
Sec. 415. Boeuf and Black, Louisiana.
Sec. 416. Port of Iberia, Louisiana.
Sec. 417. South Louisiana.
Sec. 418. St. John the Baptist Parish, Louisiana.
Sec. 419. Portland Harbor, Maine.
Sec. 420. Portsmouth Harbor and Piscataqua River, Maine and New 
                            Hampshire.
Sec. 421. Searsport Harbor, Maine.
Sec. 422. Merrimack River basin, Massachusetts and New Hampshire.
Sec. 423. Port of Gulfport, Mississippi.
Sec. 424. Upland disposal sites in New Hampshire.
Sec. 425. Southwest Valley, Albuquerque, New Mexico.
Sec. 426. Cuyahoga River, Ohio.
Sec. 427. Duck Creek Watershed, Ohio.
Sec. 428. Fremont, Ohio.
Sec. 429. Grand Lake, Oklahoma.
Sec. 430. Dredged material disposal site, Rhode Island.
Sec. 431. Chickamauga Lock and Dam, Tennessee.
Sec. 432. Germantown, Tennessee.
Sec. 433. Horn Lake Creek and Tributaries, Tennessee and Mississippi.
Sec. 434. Cedar Bayou, Texas.
Sec. 435. Houston Ship Channel, Texas.
Sec. 436. San Antonio Channel, Texas.
Sec. 437. Vermont dams remediation.
Sec. 438. White River watershed below Mud Mountain Dam, Washington.
Sec. 439. Willapa Bay, Washington.
Sec. 440. Upper Mississippi River basin sediment and nutrient study.
Sec. 441. Cliff Walk in Newport, Rhode Island.
Sec. 442. Quonset Point Channel reconnaissance study.
                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Visitors centers.
Sec. 502. CALFED Bay-Delta Program assistance, California.
Sec. 503. Lake Sidney Lanier, Georgia, home preservation.
Sec. 504. Conveyance of lighthouse, Ontonagon, Michigan.
Sec. 505. Land conveyance, Candy Lake, Oklahoma.
Sec. 506. Land conveyance, Richard B. Russell Dam and Lake, South 
                            Carolina.
Sec. 507. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
                            State of South Dakota terrestrial wildlife 
                            habitat restoration.
Sec. 508. Export of water from Great Lakes.
          TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN

Sec. 601. Comprehensive Everglades Restoration Plan.
Sec. 602. Sense of the Senate concerning Homestead Air Force Base.
          TITLE VII--MISSOURI RIVER PROTECTION AND IMPROVEMENT

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. Termination of wildlife designation.
Sec. 810. Authorization of appropriations.
                  TITLE IX--MISSOURI RIVER RESTORATION

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

SEC. 2. DEFINITION OF SECRETARY.

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

                   TITLE I--WATER RESOURCES PROJECTS

SEC. 101. PROJECT AUTHORIZATIONS.

    (a) Projects With Chief's Reports.--The following projects for 
water resources development and conservation and other purposes are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, described in 
the respective reports designated in this subsection:
            (1) Barnegat inlet to little egg inlet, new jersey.--The 
        project for shore protection, Barnegat Inlet to Little Egg 
        Inlet, New Jersey, 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) New york-new jersey harbor.--The project for 
        navigation, New York-New Jersey Harbor: 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) Projects Subject to a Final Report.--The following projects for 
water resources development and conservation and other purposes are 
authorized to be carried out by the Secretary substantially in 
accordance with the plans, and subject to the conditions, recommended 
in a final report of the Chief of Engineers if a favorable report of 
the Chief is completed not later than December 31, 2000:
            (1) False pass harbor, alaska.--The project for navigation, 
        False Pass Harbor, Alaska, at a total cost of $15,164,000, with 
        an estimated Federal cost of $8,238,000 and an estimated non-
        Federal cost of $6,926,000.
            (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.
            (3) Rio de flag, arizona.--The project for flood damage 
        reduction, Rio de Flag, Arizona, at a total cost of 
        $24,072,000, with an estimated Federal cost of $15,576,000 and 
        an estimated non-Federal cost of $8,496,000.
            (4) Tres rios, arizona.--The project for environmental 
        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 
        control, Murrieta Creek, California, at a total cost of 
        $90,865,000, with an estimated Federal cost of $25,555,000 and 
        an estimated non-Federal cost of $65,310,000.
            (7) Pine flat dam, california.--The project for fish and 
        wildlife 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) Ranchos palos verdes, california.--The project for 
        environmental restoration, Ranchos Palos Verdes, California, at 
        a total cost of $18,100,000, with an estimated Federal cost of 
        $11,800,000 and an estimated non-Federal cost of $6,300,000.
            (9) Santa barbara streams, 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.
            (10) Upper newport bay harbor, california.--The project for 
        environmental restoration, Upper Newport Bay Harbor, 
        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.
            (11) Whitewater river basin, california.--The project for 
        flood damage reduction, Whitewater River basin, California, at 
        a total cost of $27,570,000, with an estimated Federal cost of 
        $17,920,000 and an estimated non-Federal cost of $9,650,000.
            (12) Delaware coast from cape henlopen to fenwick island, 
        delaware.--The project for shore protection, Delaware Coast 
        from Cape Henlopen to Fenwick Island, Delaware, 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.
            (13) Tampa harbor, florida.--Modification of the project 
        for navigation, Tampa Harbor, Florida, authorized by section 4 
        of the Act of September 22, 1922 (42 Stat. 1042, chapter 427), 
        to deepen the Port Sutton Channel, at a total cost of 
        $6,000,000, with an estimated Federal cost of $4,000,000 and an 
        estimated non-Federal cost of $2,000,000.
            (14) John t. myers lock and dam, indiana and kentucky.--The 
        project for navigation, John T. Myers Lock and Dam, Ohio River, 
        Indiana and Kentucky, at a total cost of $182,000,000. The 
        costs of construction of the project shall be paid \1/2\ from 
        amounts appropriated from the general fund of the Treasury and 
        \1/2\ from amounts appropriated from the Inland Waterways Trust 
        Fund.
            (15) Greenup lock and dam, kentucky.--The project for 
        navigation, Greenup Lock and Dam, Ohio River, Kentucky, 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) Morganza, louisiana, to gulf of mexico.--
                    (A) In general.--The project for hurricane 
                protection, 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 non-Federal interests shall 
                receive credit toward the non-Federal share of project 
                costs for the costs of any work carried out by the non-
                Federal interests for interim flood protection after 
                March 31, 1989, if the Secretary finds that the work is 
                compatible with, and integral to, the project.
            (17) Chesterfield, missouri.--The project to implement 
        structural and nonstructural measures to prevent flood damage 
        to Chesterfield, Missouri, and the surrounding area, at a total 
        cost of $67,700,000, with an estimated Federal cost of 
        $44,000,000 and an estimated non-Federal cost of $23,700,000.
            (18) Raritan bay and sandy hook bay, port monmouth, new 
        jersey.--The project for shore protection, 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 $2,468,000 for periodic 
        nourishment over the 50-year life of the project, with an 
        estimated annual Federal cost of $1,234,000 and an estimated 
        annual non-Federal cost of $1,234,000.
            (19) Memphis, tennessee.--The project for ecosystem 
        restoration, Wolf River, Memphis, Tennessee, at a total cost of 
        $10,933,000, with an estimated Federal cost of $7,106,000 and 
        an estimated non-Federal cost of $3,827,000.
            (20) Jackson hole, wyoming.--
                    (A) In general.--The project for environmental 
                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 non-Federal interest 
                        shall receive credit toward the non-Federal 
                        share of project costs for design and 
                        construction work carried out by the non-
                        Federal interest before the date of execution 
                        of a project cooperation agreement for the 
                        project, if the Secretary finds that the work 
                        is integral to the project.
            (21) Ohio river.--
                    (A) In general.--The program for protection and 
                restoration of fish and wildlife habitat in and along 
                the main stem of the Ohio River, consisting of projects 
                described in a comprehensive plan, 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 the program may 
                        be provided in cash or in the form of in-kind 
                        services or materials.
                            (ii) Credit.--The non-Federal interest 
                        shall receive credit toward the non-Federal 
                        share of project costs for design and 
                        construction work carried out by the non-
                        Federal interest before the date of execution 
                        of a project cooperation agreement for the 
                        project, if the Secretary finds that the work 
                        is integral to the project.

SEC. 102. SMALL SHORE PROTECTION PROJECTS.

    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 of 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.

SEC. 103. SMALL NAVIGATION PROJECTS.

    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) Cape coral south spreader waterway, florida.--Project 
        for navigation, Cape Coral South Spreader Waterway, Lee County, 
        Florida.
            (2) Houma navigation canal, louisiana.--Project for 
        navigation, Houma Navigation Canal, Terrebonne Parish, 
        Louisiana.
            (3) Vidalia port, louisiana.--Project for navigation, 
        Vidalia Port, Louisiana.

SEC. 104. REMOVAL OF SNAGS AND CLEARING AND STRAIGHTENING OF CHANNELS 
              IN NAVIGABLE WATERS.

    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 3 of the Act of 
March 2, 1945 (33 U.S.C. 604):
            (1) Bayou manchac, louisiana.--Project for removal of snags 
        and clearing and straightening of channels for flood control, 
        Bayou Manchac, Ascension Parish, Louisiana.
            (2) 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. 105. SMALL BANK STABILIZATION PROJECTS.

    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) Bayou des glaises, louisiana.--Project for emergency 
        streambank protection, Bayou des Glaises (Lee Chatelain Road), 
        Avoyelles Parish, Louisiana.
            (2) Bayou plaquemine, louisiana.--Project for emergency 
        streambank protection, Highway 77, Bayou Plaquemine, Iberville 
        Parish, Louisiana.
            (3) Hammond, louisiana.--Project for emergency streambank 
        protection, Fagan Drive Bridge, Hammond, Louisiana.
            (4) Iberville parish, louisiana.--Project for emergency 
        streambank protection, Iberville Parish, Louisiana.
            (5) Lake arthur, louisiana.--Project for emergency 
        streambank protection, Parish Road 120 at Lake Arthur, 
        Louisiana.
            (6) Lake charles, louisiana.--Project for emergency 
        streambank protection, Pithon Coulee, Lake Charles, Calcasieu 
        Parish, Louisiana.
            (7) Loggy bayou, louisiana.--Project for emergency 
        streambank protection, Loggy Bayou, Bienville Parish, 
        Louisiana.
            (8) Scotlandville bluff, louisiana.--Project for emergency 
        streambank protection, Scotlandville Bluff, East Baton Rouge 
        Parish, Louisiana.

SEC. 106. SMALL FLOOD CONTROL PROJECTS.

    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) Weiser river, idaho.--Project for flood damage 
        reduction, Weiser River, Idaho.
            (2) Bayou tete l'ours, louisiana.--Project for flood 
        control, Bayou Tete L'Ours, Louisiana.
            (3) Bossier city, louisiana.--Project for flood control, 
        Red Chute Bayou levee, Bossier City, Louisiana.
            (4) Braithwaite park, louisiana.--Project for flood 
        control, Braithwaite Park, Louisiana.
            (5) Cane bend subdivision, louisiana.--Project for flood 
        control, Cane Bend Subdivision, Bossier Parish, Louisiana.
            (6) Crown point, louisiana.--Project for flood control, 
        Crown Point, Louisiana.
            (7) Donaldsonville canals, louisiana.--Project for flood 
        control, Donaldsonville Canals, Louisiana.
            (8) Goose bayou, louisiana.--Project for flood control, 
        Goose Bayou, Louisiana.
            (9) Gumby dam, louisiana.--Project for flood control, Gumby 
        Dam, Richland Parish, Louisiana.
            (10) Hope canal, louisiana.--Project for flood control, 
        Hope Canal, Louisiana.
            (11) Jean lafitte, louisiana.--Project for flood control, 
        Jean Lafitte, Louisiana.
            (12) Lockport to larose, louisiana.--Project for flood 
        control, Lockport to Larose, Louisiana.
            (13) Lower lafitte basin, louisiana.--Project for flood 
        control, Lower Lafitte Basin, Louisiana.
            (14) Oakville to lareussite, louisiana.--Project for flood 
        control, Oakville to LaReussite, Louisiana.
            (15) Pailet basin, louisiana.--Project for flood control, 
        Pailet Basin, Louisiana.
            (16) Pochitolawa creek, louisiana.--Project for flood 
        control, Pochitolawa Creek, Louisiana.
            (17) Rosethorn basin, louisiana.--Project for flood 
        control, Rosethorn Basin, Louisiana.
            (18) Shreveport, louisiana.--Project for flood control, 
        Twelve Mile Bayou, Shreveport, Louisiana.
            (19) Stephensville, louisiana.--Project for flood control, 
        Stephensville, Louisiana.
            (20) St. john the baptist parish, louisiana.--Project for 
        flood control, St. John the Baptist Parish, Louisiana.
            (21) Magby creek and vernon branch, mississippi.--Project 
        for flood control, Magby Creek and Vernon Branch, Lowndes 
        County, Mississippi.
            (22) Fritz landing, tennessee.--Project for flood control, 
        Fritz Landing, Tennessee.

SEC. 107. 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) Bayou sauvage national wildlife refuge, louisiana.--
        Project for improvement of the quality of the environment, 
        Bayou Sauvage National Wildlife Refuge, Orleans Parish, 
        Louisiana.
            (2) Gulf intracoastal waterway, bayou plaquemine, 
        louisiana.--Project for improvement of the quality of the 
        environment, Gulf Intracoastal Waterway, Bayou Plaquemine, 
        Iberville Parish, Louisiana.
            (3) Gulf intracoastal waterway, miles 220 to 222.5, 
        louisiana.--Project for improvement of the quality of the 
        environment, Gulf Intracoastal Waterway, miles 220 to 222.5, 
        Vermilion Parish, Louisiana.
            (4) Gulf intracoastal waterway, weeks bay, louisiana.--
        Project for improvement of the quality of the environment, Gulf 
        Intracoastal Waterway, Weeks Bay, Iberia Parish, Louisiana.
            (5) Lake fausse point, louisiana.--Project for improvement 
        of the quality of the environment, Lake Fausse Point, 
        Louisiana.
            (6) Lake providence, louisiana.--Project for improvement of 
        the quality of the environment, Old River, Lake Providence, 
        Louisiana.
            (7) New river, louisiana.--Project for improvement of the 
        quality of the environment, New River, Ascension Parish, 
        Louisiana.
            (8) Erie county, ohio.--Project for improvement of the 
        quality of the environment, Sheldon's Marsh State Nature 
        Preserve, Erie County, Ohio.
            (9) Mushingum county, ohio.--Project for improvement of the 
        quality of the environment, Dillon Reservoir watershed, Licking 
        River, Mushingum County, Ohio.

SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.

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

SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION PROJECTS.

    (a) In General.--The Secretary may carry out the following projects 
under section 206 of the Water Resources Development Act of 1996 (33 
U.S.C. 2330):
            (1) Braud bayou, louisiana.--Project for aquatic ecosystem 
        restoration, Braud Bayou, Spanish Lake, Ascension Parish, 
        Louisiana.
            (2) Buras marina, louisiana.--Project for aquatic ecosystem 
        restoration, Buras Marina, Buras, Plaquemines Parish, 
        Louisiana.
            (3) Comite river, louisiana.--Project for aquatic ecosystem 
        restoration, Comite River at Hooper Road, Louisiana.
            (4) Department of energy 21-inch pipeline canal, 
        louisiana.--Project for aquatic ecosystem restoration, 
        Department of Energy 21-inch Pipeline Canal, St. Martin Parish, 
        Louisiana.
            (5) Lake borgne, louisiana.--Project for aquatic ecosystem 
        restoration, southern shores of Lake Borgne, Louisiana.
            (6) Lake martin, louisiana.--Project for aquatic ecosystem 
        restoration, Lake Martin, Louisiana.
            (7) Luling, louisiana.--Project for aquatic ecosystem 
        restoration, Luling Oxidation Pond, St. Charles Parish, 
        Louisiana.
            (8) Mandeville, louisiana.--Project for aquatic ecosystem 
        restoration, Mandeville, St. Tammany Parish, Louisiana.
            (9) St. james, louisiana.--Project for aquatic ecosystem 
        restoration, St. James, Louisiana.
            (10) Mines falls park, new hampshire.--Project for aquatic 
        ecosystem restoration, Mines Falls Park, New Hampshire.
            (11) North hampton, new hampshire.--Project for aquatic 
        ecosystem restoration, Little River Salt Marsh, North Hampton, 
        New Hampshire.
            (12) Highland county, ohio.--Project for aquatic ecosystem 
        restoration, Rocky Fork Lake, Clear Creek floodplain, Highland 
        County, Ohio.
            (13) Hocking county, ohio.--Project for aquatic ecosystem 
        restoration, Long Hollow Mine, Hocking County, Ohio.
            (14) Tuscarawas county, ohio.--Project for aquatic 
        ecosystem restoration, Huff Run, Tuscarawas County, Ohio.
            (15) Central amazon creek, oregon.--Project for aquatic 
        ecosystem restoration, Central Amazon Creek, Oregon.
            (16) Delta ponds, oregon.--Project for aquatic ecosystem 
        restoration, Delta Ponds, Oregon.
            (17) Eugene millrace, oregon.--Project for aquatic 
        ecosystem restoration, Eugene Millrace, Oregon.
            (18) Medford, oregon.--Project for aquatic ecosystem 
        restoration, Bear Creek watershed, Medford, Oregon.
            (19) Roslyn lake, oregon.--Project for aquatic ecosystem 
        restoration, Roslyn Lake, Oregon.
    (b) Salmon River, Idaho.--
            (1) Credit.--The non-Federal interests with respect to the 
        proposed project for aquatic ecosystem restoration, Salmon 
        River, Idaho, may receive credit toward the non-Federal share 
        of project costs for work, consisting of surveys, studies, and 
        development of technical data, that is carried out by the non-
        Federal interests in connection with the project, if the 
        Secretary finds that the work is integral to the project.
            (2) Maximum amount of credit.--The amount of the credit 
        under paragraph (1), together with other credit afforded, shall 
        not exceed the non-Federal share of the cost of the project 
        under section 206 of the Water Resources Development Act of 
        1996 (33 U.S.C. 2330).

SEC. 110. 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) in paragraph (22), by striking ``and'' at the end;
            (2) in paragraph (23), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(24) Perry Creek, Iowa.''.

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 Federal navigation projects as provided under 
section 145 of the Water Resources Development Act of 1976 (33 U.S.C. 
426j).''.

                      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''; and
            (2) by inserting before the period at the end the 
        following: ``of the State or a body politic of the State''.

SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.

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

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

    ``(a) In General.--The Secretary may assess the water resources 
needs of river basins and watersheds of the United States, including 
needs relating to--
            ``(1) ecosystem protection and restoration;
            ``(2) flood damage reduction;
            ``(3) navigation and ports;
            ``(4) watershed protection;
            ``(5) water supply; and
            ``(6) drought preparedness.
    ``(b) Cooperation.--An assessment under subsection (a) shall be 
carried out in cooperation and coordination with--
            ``(1) the Secretary of the Interior;
            ``(2) the Secretary of Agriculture;
            ``(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; and
            ``(2) the Willamette River basin, Oregon.
    ``(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 
                non-Federal interests may receive credit toward the 
                non-Federal share required under paragraph (1) for the 
                provision of services, materials, supplies, or other 
                in-kind contributions.
                    ``(B) Maximum amount of credit.--Credit under 
                subparagraph (A) shall not exceed an amount equal to 25 
                percent of the costs of the assessment.
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $15,000,000.''.

SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

    (a) Definition of Indian Tribe.--In this section, the term ``Indian 
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Program.--
            (1) In general.--In cooperation with Indian tribes and the 
        heads of other Federal agencies, the Secretary may study and 
        determine the feasibility of carrying out water resources 
        development projects that--
                    (A) will substantially benefit Indian tribes; and
                    (B) are located primarily within Indian country (as 
                defined in section 1151 of title 18, United States 
                Code) or in proximity to Alaska Native villages.
            (2) Matters to be studied.--A study conducted under 
        paragraph (1) may address--
                    (A) projects for flood damage reduction, 
                environmental restoration and protection, and 
                preservation of cultural and natural resources; and
                    (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) Priority Projects.--In selecting water resources development 
projects for study under this section, the Secretary shall give 
priority to the project for the Tribal Reservation of the Shoalwater 
Bay Indian Tribe on Willapa Bay, Washington, authorized by section 
439(b).
    (e) 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.--
                    (A) In general.--Subject to subparagraph (B), in 
                conducting studies of projects under subsection (b), 
                the Secretary may provide credit to the non-Federal 
                interest for the provision of services, studies, 
                supplies, or other in-kind contributions to the extent 
                that the Secretary determines that the services, 
                studies, supplies, and other in-kind contributions will 
                facilitate completion of the project.
                    (B) Maximum amount of credit.--Credit under 
                subparagraph (A) shall not exceed an amount equal to 
                the non-Federal share of the costs of the study.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out subsection (b) $5,000,000 for each of fiscal 
years 2002 through 2006, of which not more than $1,000,000 may be used 
with respect to any 1 Indian tribe.

SEC. 204. ABILITY TO PAY.

    Section 103(m) of the Water Resources Development Act of 1986 (33 
U.S.C. 2213(m)) is amended--
            (1) by striking paragraphs (1) and (2) and inserting the 
        following:
            ``(1) In general.--Any cost-sharing agreement under this 
        section for a feasibility study, or for construction of an 
        environmental protection and restoration project, a flood 
        control project, a project for navigation, storm damage 
        protection, shoreline erosion, hurricane protection, or 
        recreation, or an agricultural water supply project, shall be 
        subject to the ability of the non-Federal interest to pay.
            ``(2) Criteria and procedures.--
                    ``(A) In general.--The ability of a non-Federal 
                interest to pay shall be determined by the Secretary in 
                accordance with--
                            ``(i) during the period ending on the date 
                        on which revised criteria and procedures are 
                        promulgated under subparagraph (B), criteria 
                        and procedures in effect on the day before the 
                        date of enactment of this subparagraph; and
                            ``(ii) after the date on which revised 
                        criteria and procedures are promulgated under 
                        subparagraph (B), the revised criteria and 
                        procedures promulgated under subparagraph (B).
                    ``(B) Revised criteria and procedures.--Not later 
                than 18 months after the date of enactment of this 
                subparagraph, in accordance with paragraph (3), the 
                Secretary shall promulgate revised criteria and 
                procedures governing the ability of a non-Federal 
                interest to pay.''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (A)(ii), by adding ``and'' at 
                the end; and
                    (B) by striking subparagraphs (B) and (C) and 
                inserting the following:
                    ``(B) may consider additional criteria relating 
                to--
                            ``(i) the financial ability of the non-
                        Federal interest to carry out its cost-sharing 
                        responsibilities; or
                            ``(ii) additional assistance that may be 
                        available from other Federal or State 
                        sources.''.

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 each fiscal year.

SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.

    Notwithstanding section 611 of the Treasury and General Government 
Appropriations Act, 1999 (Public Law 105-277; 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. OPERATION AND MAINTENANCE OF HYDROELECTRIC FACILITIES.

    Section 314 of the Water Resources Development Act of 1990 (33 
U.S.C. 2321) is amended in the first sentence by inserting before the 
period at the end the following: ``in cases in which the activities 
require specialized training relating to hydroelectric power 
generation''.

SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.

    Section 234(d) of the Water Resources Development Act of 1996 (33 
U.S.C. 2323a(d)) is amended--
            (1) in the first sentence, by striking ``$1,000,000'' and 
        inserting ``$2,000,000''; and
            (2) in the second sentence, by inserting ``out'' after 
        ``carry''.

SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.

    (a) Definition of Indian Tribe.--In this section, the term ``Indian 
tribe'' has the meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
    (b) Reburial.--
            (1) Reburial areas.--In consultation with affected Indian 
        tribes, the Secretary may identify and set aside areas at civil 
        works projects of the Department of the Army that may be used 
        to rebury Native American remains that--
                    (A) have been discovered on project land; and
                    (B) have been rightfully claimed by a lineal 
                descendant or Indian tribe in accordance with 
                applicable Federal law.
            (2) Reburial.--In consultation with and with the consent of 
        the lineal descendant or the affected Indian tribe, the 
        Secretary may recover and rebury, at full 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. 210. APPROVAL OF CONSTRUCTION OF DAMS AND DIKES.

    Section 9 of the Act of March 3, 1899 (33 U.S.C. 401), is amended--
            (1) by inserting ``(a) In General.--'' before ``It shall'';
            (2) by striking ``However, such structures'' and inserting 
        the following:
    ``(b) Waterways Within a Single State.--Notwithstanding subsection 
(a), structures described in subsection (a)'';
            (3) by striking ``When plans'' and inserting the following:
    ``(c) Modification of Plans.--When plans'';
            (4) by striking ``The approval'' and inserting the 
        following:
    ``(d) Applicability.--
            ``(1) Bridges and causeways.--The approval''; and
            (5) in subsection (d) (as designated by paragraph (4)), by 
        adding at the end the following:
            ``(2) Dams and dikes.--
                    ``(A) In general.--The approval required by this 
                section of the location and plans, or any modification 
                of plans, of any dam or dike, applies only to a dam or 
                dike that, if constructed, would completely span a 
                waterway used to transport interstate or foreign 
                commerce, in such a manner that actual, existing 
                interstate or foreign commerce could be adversely 
                affected.
                    ``(B) Other dams and dikes.--Any dam or dike (other 
                than a dam or dike described in subparagraph (A)) that 
                is proposed to be built in any other navigable water of 
                the United States--
                            ``(i) shall be subject to section 10; and
                            ``(ii) shall not be subject to the approval 
                        requirements of this section.''.

SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.

    Section 1001 of the Water Resources Development Act of 1986 (33 
U.S.C. 579a) is amended to read as follows:

``SEC. 1001. PROJECT DEAUTHORIZATIONS.

    ``(a) Definitions.--In this section:
            ``(1) Construction.--The term `construction', with respect 
        to a project or separable element, means--
                    ``(A) in the case of--
                            ``(i) a nonstructural flood control 
                        project, the acquisition of land, an easement, 
                        or a right-of-way primarily to relocate a 
                        structure; and
                            ``(ii) in the case of any other 
                        nonstructural measure, the performance of 
                        physical work under a construction contract;
                    ``(B) in the case of an environmental protection 
                and restoration project--
                            ``(i) the acquisition of land, an easement, 
                        or a right-of-way primarily to facilitate the 
                        restoration of wetland or a similar habitat; or
                            ``(ii) the performance of physical work 
                        under a construction contract to modify an 
                        existing project facility or to construct a new 
                        environmental protection and restoration 
                        measure; and
                    ``(C) in the case of any other water resources 
                project, the performance of physical work under a 
                construction contract.
            ``(2) Physical work under a construction contract.--The 
        term `physical work under a construction contract' does not 
        include any activity related to project planning, engineering 
        and design, relocation, or the acquisition of land, an 
        easement, or a right-of-way.
    ``(b) Projects Never Under Construction.--
            ``(1) List of projects.--The Secretary shall annually 
        submit to Congress a list of projects and separable elements of 
        projects that--
                    ``(A) are authorized for construction; and
                    ``(B) for which no Federal funds were obligated for 
                construction during the 4 full fiscal years preceding 
                the date of submission of the list.
            ``(2) Deauthorization.--Any water resources project, or 
        separable element of a water resources project, authorized for 
        construction shall be deauthorized effective at the end of the 
        7-year period beginning on the date of the most recent 
        authorization or reauthorization of the project or separable 
        element unless Federal funds have been obligated for 
        preconstruction engineering and design or for construction of 
        the project or separable element by the end of that period.
    ``(c) Projects for Which Construction Has Been Suspended.--
            ``(1) List of projects.--
                    ``(A) In general.--The Secretary shall annually 
                submit to Congress a list of projects and separable 
                elements of projects--
                            ``(i) that are authorized for construction;
                            ``(ii) for which Federal funds have been 
                        obligated for construction of the project or 
                        separable element; and
                            ``(iii) for which no Federal funds have 
                        been obligated for construction of the project 
                        or separable element during the 2 full fiscal 
                        years preceding the date of submission of the 
                        list.
                    ``(B) Projects with initial placement of fill.--The 
                Secretary shall not include on a list submitted under 
                subparagraph (A) any shore protection project with 
                respect to which there has been, before the date of 
                submission of the list, any placement of fill unless 
                the Secretary determines that the project no longer has 
                a willing and financially capable non-Federal interest.
            ``(2) Deauthorization.--Any water resources project, or 
        separable element of a water resources project, for which 
        Federal funds have been obligated for construction shall be 
        deauthorized effective at the end of any 5-fiscal year period 
        during which Federal funds specifically identified for 
        construction of the project or separable element (in an Act of 
        Congress or in the accompanying legislative report language) 
        have not been obligated for construction.
    ``(d) Congressional Notifications.--Upon submission of the lists 
under subsections (b)(1) and (c)(1), the Secretary shall notify each 
Senator in whose State, and each Member of the House of Representatives 
in whose district, the affected project or separable element is or 
would be located.
    ``(e) Final Deauthorization List.--The Secretary shall publish 
annually in the Federal Register a list of all projects and separable 
elements deauthorized under subsection (b)(2) or (c)(2).
    ``(f) Effective Date.--Subsections (b)(2) and (c)(2) take effect 1 
year after the date of enactment of this subsection.''.

SEC. 212. 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))--
                    (A) by inserting ``that non-Federal interests shall 
                adopt and enforce'' after ``policies'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
                    ``(B) require non-Federal interests to take 
                measures to preserve the level of flood protection 
                provided by a project to which subsection (a) 
                applies.''.
    (b) Applicability.--The amendments made by subsection (a) shall 
apply to any project or separable element of a project with respect to 
which the Secretary and the non-Federal interest have not entered a 
project cooperation agreement on or before the date of enactment of 
this Act.
    (c) Technical Amendments.--Section 402(b) of the Water Resources 
Development Act of 1986 (33 U.S.C. 701b-12(b)) is amended--
            (1) in the subsection heading, by striking ``Flood Plain'' 
        and inserting ``Floodplain''; and
            (2) in the first sentence, by striking ``flood plain'' and 
        inserting ``floodplain''.

SEC. 213. 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.''.

SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYSTEMS DATA.

    (a) In General.--Beginning October 1, 2000, the Secretary, acting 
through the Chief of Engineers, shall publish, on the Army Corps of 
Engineers' Regulatory Program website, quarterly reports that include 
all Regulatory Analysis and Management Systems (RAMS) data.
    (b) Data.--Such RAMS data shall include--
            (1) the date on which an individual or nationwide permit 
        application under section 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1344) is first received by the Corps;
            (2) the date on which the application is considered 
        complete;
            (3) the date on which the Corps either grants (with or 
        without conditions) or denies the permit; and
            (4) if the application is not considered complete when 
        first received by the Corps, a description of the reason the 
        application was not considered complete.

SEC. 215. 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 a Department of 
Defense agency), State, or local government of the United States 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 end of each calendar 
        year, the Secretary shall provide to the Committee on 
        Transportation and Infrastructure of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate a report identifying any request submitted 
        by a Federal agency (other than a Department of Defense 
        agency), State, or local government of the United States 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. 216. 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. 217. ASSISTANCE PROGRAMS.

    (a) Conservation and Recreation Management.--To further training 
and educational opportunities at water resources development projects 
under the jurisdiction of the Secretary, the Secretary may enter into 
cooperative agreements with non-Federal public and nonprofit entities 
for services relating to natural resources conservation or recreation 
management.
    (b) Rural Community Assistance.--In carrying out studies and 
projects under the jurisdiction of the Secretary, the Secretary may 
enter into cooperative agreements with multistate regional private 
nonprofit rural community assistance entities for services, including 
water resource assessment, community participation, planning, 
development, and management activities.
    (c) Cooperative Agreements.--A cooperative agreement entered into 
under this section shall not be considered to be, or treated as being, 
a cooperative agreement to which chapter 63 of title 31, United States 
Code, applies.

SEC. 218. FUNDING TO PROCESS PERMITS.

    (a) 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) In carrying out this section, the Secretary shall ensure that 
the use of such funds as authorized in subsection (a) will result in 
improved efficiencies in permit evaluation and will not impact 
impartial decisionmaking in the permitting process.

SEC. 219. PROGRAM TO MARKET DREDGED MATERIAL.

    (a) Short Title.--This section may be cited as the ``Dredged 
Material Reuse Act''.
    (b) Finding.--Congress finds that the Secretary of the Army should 
establish a program to reuse dredged material--
            (1) to ensure the long-term viability of disposal capacity 
        for dredged material; and
            (2) to encourage the reuse of dredged material for 
        environmental and economic purposes.
    (c) Definition.--In this Act, the term ``Secretary'' means the 
Secretary of the Army, acting through the Chief of Engineers.
    (d) Program for Reuse of Dredged Material.--
            (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 subsection (a) unless a determination is made 
        that such program is in the interest of the United States and 
        is economically justified, equitable, and environmentally 
        acceptable.
            (3) Regional responsibility.--The program described in 
        subsection (a) 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 submit to Congress a report on the 
        program established under subsection (a).
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this Act $2,000,000 for each 
        fiscal year.

SEC. 220. NATIONAL ACADEMY OF SCIENCES STUDIES.

    (a) Definitions.--In this section:
            (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;
                    (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 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 
                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, to 
        remain available until expended.

                 TITLE III--PROJECT-RELATED PROVISIONS

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

    (a) General.--The Tennessee-Tombigbee Waterway Wildlife Mitigation 
Project, Alabama and Mississippi, authorized by section 601(a) of 
Public Law 99-662 (100 Stat. 4138) is modified to authorize the 
Secretary to--
            (1) remove the wildlife mitigation purpose designation from 
        up to 3,000 acres of land as necessary over the life of the 
        project from lands originally acquired for water resource 
        development projects included in the Mitigation Project in 
        accordance with the Report of the Chief of Engineers dated 
        August 31, 1985;
            (2) sell or exchange such lands in accordance with 
        subsection (c)(1) and under such conditions as the Secretary 
        determines to be necessary to protect the interests of the 
        United States, utilize such lands as the Secretary determines 
        to be appropriate in connection with development, operation, 
        maintenance, or modification of the water resource development 
        projects, or grant such other interests as the Secretary may 
        determine to be reasonable in the public interest; and
            (3) acquire, in accordance with subsections (c) and (d), 
        lands from willing sellers to offset the removal of any lands 
        from the Mitigation Project for the purposes listed in 
        subsection (a)(2) of this section.
    (b) Removal Process.--From the date of enactment of this Act, the 
locations of these lands to be removed will be determined at 
appropriate time intervals at the discretion of the Secretary, in 
consultation with appropriate Federal and State fish and wildlife 
agencies, to facilitate the operation of the water resource development 
projects and to respond to regional needs related to the project. 
Removals under this subsection shall be restricted to Project Lands 
designated for mitigation and shall not include lands purchased 
exclusively for mitigation purposes (known as Separable Mitigation 
Lands). Parcel identification, removal, and sale may occur assuming 
acreage acquisitions pursuant to subsection (d) are at least equal to 
the total acreage of the lands removed.
    (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 
dredge 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 
outgrant 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 outgrants are necessary to address transportation, 
utility, and related activities. The Secretary shall insure full 
mitigation for any wildlife habitat value lost as a result of such sale 
or outgrant. 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. BOYDSVILLE, ARKANSAS.

    The Secretary shall credit toward the non-Federal share of the 
costs 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 
relevant planning and engineering investigations carried out by State 
and local agencies, if the Secretary finds that the investigations are 
integral to the scope of the feasibility study.

SEC. 303. 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 Act of June 28, 
1938 (52 Stat. 1218, chapter 795), 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 submit to Congress the final report referred to in 
        paragraph (1).
            (3) Contents.--The 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. 304. PETALUMA, CALIFORNIA.

    (a) In General.--The Secretary may complete the project for flood 
damage reduction, Petaluma River, Petaluma, California, substantially 
in accordance with the Detailed Project Report approved March 1995, at 
a total cost of $32,226,000, with an estimated Federal cost of 
$20,647,000 and an estimated non-Federal cost of $11,579,000.
    (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 non-Federal interest shall receive credit toward 
the non-Federal share of project costs for design and construction work 
carried out by the non-Federal interest before the date of modification 
of the existing project cooperation agreement or execution of a new 
project cooperation agreement, if the Secretary determines that the 
work is integral to the project.

SEC. 305. 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. 306. ILLINOIS RIVER BASIN RESTORATION, ILLINOIS.

    (a) Definition of Illinois River Basin.--In this section, the term 
``Illinois River basin'' means the Illinois River, Illinois, its 
backwaters, side channels, and all tributaries, including their 
watersheds, draining into the Illinois River.
    (b) Comprehensive Plan.--
            (1) Development.--As expeditiously as practicable, the 
        Secretary shall develop 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 Illinois 
                River basin;
                    (C) the development and implementation of a long-
                term resource monitoring program; and
                    (D) the development and implementation of a 
                computerized inventory and analysis system.
            (4) Consultation.--The comprehensive plan shall be 
        developed by the Secretary in consultation with appropriate 
        Federal agencies and the State of Illinois.
            (5) Report to congress.--Not later than 2 years after the 
        date of enactment of this Act, the Secretary shall submit to 
        Congress a report containing the comprehensive plan.
            (6) Additional studies and analyses.--After submission of 
        the report under paragraph (5), the Secretary shall continue to 
        conduct such studies and analyses related to the comprehensive 
        plan as are necessary, consistent with this subsection.
    (c) Critical Restoration Projects.--
            (1) In general.--If the Secretary, in cooperation with 
        appropriate Federal agencies and the State of Illinois, 
        determines that a restoration project for the Illinois River 
        basin will produce independent, immediate, and substantial 
        restoration, preservation, and protection benefits, the 
        Secretary shall proceed expeditiously with the implementation 
        of the project.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out projects under this subsection 
        $20,000,000.
            (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--
                    (A) providing advance notice of meetings;
                    (B) providing adequate opportunity for public input 
                and comment;
                    (C) maintaining appropriate records; and
                    (D) 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 
        Department of Agriculture of the State of Illinois.
            (9) National Buffer Initiative of the Natural Resources 
        Conservation Service.
            (10) Nonpoint source grant program administered by the 
        Environmental Protection Agency of the State of Illinois.
    (f) Justification.--
            (1) In general.--Notwithstanding section 209 of the Flood 
        Control Act of 1970 (42 U.S.C. 1962-2) or any other provision 
        of law, in carrying out activities to restore, preserve, and 
        protect the Illinois River basin under this section, the 
        Secretary may determine that the activities--
                    (A) are justified by the environmental benefits 
                derived by the Illinois River basin; and
                    (B) shall not need further economic justification 
                if the Secretary determines that the activities are 
                cost-effective.
            (2) Applicability.--Paragraph (1) shall not apply to any 
        separable element intended to produce benefits that are 
        predominantly unrelated to the restoration, preservation, and 
        protection of the Illinois River basin.
    (g) Cost Sharing.--
            (1) In general.--The non-Federal share of the cost of 
        projects and activities carried out under this section shall be 
        35 percent.
            (2) Operation, maintenance, rehabilitation, and 
        replacement.--The operation, maintenance, rehabilitation, and 
        replacement of projects carried out under this section shall be 
        a non-Federal responsibility.
            (3) In-kind services.--
                    (A) In general.--The value of in-kind services 
                provided by the non-Federal interest for a project or 
                activity carried out under this section may be credited 
                toward not more than 80 percent of the non-Federal 
                share of the cost of the project or activity.
                    (B) Items included.--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, including 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 land.--If the Secretary determines 
                that land or an interest in land acquired by a non-
                Federal interest, regardless of the date of 
                acquisition, is integral to a project or activity 
                carried out under this section, the Secretary may 
                credit the value of the land or interest in land toward 
                the non-Federal share of the cost of the project or 
                activity, as 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, as 
                determined by the Secretary.

SEC. 307. UPPER DES PLAINES RIVER AND TRIBUTARIES, ILLINOIS.

    The Secretary shall credit toward the non-Federal share of the 
costs 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 costs of work carried out by the non-
Federal interests in Lake County, Illinois, before the date of 
execution of the feasibility study cost-sharing agreement, if--
            (1) the Secretary and the non-Federal interests enter into 
        a feasibility study cost-sharing agreement; and
            (2) the Secretary finds that the work is integral to the 
        scope of the feasibility study.

SEC. 308. 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, in collaboration with the State of Louisiana, 
        initiate 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
            (2) the recreation cost-sharing requirements under section 
        103(c) of the Water Resources Development Act of 1986 (33 
        U.S.C. 2213(c)).

SEC. 309. 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. 310. NARRAGUAGUS RIVER, MILBRIDGE, MAINE.

    (a) Redesignation.--The project for navigation, Narraguagus River, 
Milbridge, Maine, authorized by section 101 of the River and Harbor Act 
of 1962 (76 Stat. 1173), is modified to redesignate as anchorage the 
portion of the 11-foot channel described as follows: beginning 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.
    (b) Reauthorization.--The Secretary shall maintain as anchorage the 
portions of the project for navigation, Narraguagus River, Milbridge, 
Maine, authorized by section 2 of the Act of June 14, 1880 (21 Stat. 
195, chapter 211), that lie adjacent to and outside the limits of the 
11-foot and 9-foot channels and that are described as follows:
            (1) The area located east of the 11-foot channel beginning 
        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.
            (2) The area located west of the 9-foot channel beginning 
        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.

SEC. 311. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.

    The Secretary--
            (1) 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); and
            (2) shall require the non-Federal interest to provide 50 
        percent of the costs of designing and constructing the 
        recreational facilities.

SEC. 312. 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 non-Federal interest shall receive credit toward 
the non-Federal share of project costs for design and construction work 
carried out by the non-Federal interest before the date of modification 
of the existing project cooperation agreement or execution of a new 
project cooperation agreement, if the Secretary determines that the 
work is integral to the project.

SEC. 313. MISSOURI RIVER VALLEY, MISSOURI.

    (a) Short Title.--This section may be cited as the ``Missouri River 
Valley Improvement Act''.
    (b) Findings and Purposes.--
            (1) Findings.--Congress finds that--
                    (A) Lewis and Clark were pioneering naturalists 
                that recorded dozens of species previously unknown to 
                science while ascending the Missouri River in 1804;
                    (B) the Missouri River, which is 2,321 miles long, 
                drains \1/6\ of the United States, is home to 
                approximately 10,000,000 people in 10 States and 28 
                Native American tribes, and is a resource of 
                incalculable value to the United States;
                    (C) the construction of dams, levees, and river 
                training structures in the past 150 years has aided 
                navigation, flood control, and water supply along the 
                Missouri River, but has reduced habitat for native 
                river fish and wildlife;
                    (D) river organizations, including the Missouri 
                River Basin Association, support habitat restoration, 
                riverfront revitalization, and improved operational 
                flexibility so long as those efforts do not 
                significantly interfere with uses of the Missouri 
                River; and
                    (E) restoring a string of natural places by the 
                year 2004 would aid native river fish and wildlife, 
                reduce flood losses, enhance recreation and tourism, 
                and celebrate the bicentennial of Lewis and Clark's 
                voyage.
            (2) Purposes.--The purposes of this section are--
                    (A) to protect, restore, and enhance the fish, 
                wildlife, and plants, and the associated habitats on 
                which they depend, of the Missouri River;
                    (B) to restore a string of natural places that aid 
                native river fish and wildlife, reduce flood losses, 
                and enhance recreation and tourism;
                    (C) to revitalize historic riverfronts to improve 
                quality of life in riverside communities and attract 
                recreation and tourism;
                    (D) to monitor the health of the Missouri River and 
                measure biological, chemical, geological, and 
                hydrological responses to changes in Missouri River 
                management;
                    (E) to allow the Corps of Engineers increased 
                authority to restore and protect fish and wildlife 
                habitat on the Missouri River;
                    (F) to protect and replenish cottonwoods, and their 
                associated riparian woodland communities, along the 
                upper Missouri River; and
                    (G) to educate the public about the economic, 
                environmental, and cultural importance of the Missouri 
                River and the scientific and cultural discoveries of 
                Lewis and Clark.
    (c) Definition of Missouri River.--In this section, the term 
``Missouri River'' means the Missouri River and the adjacent floodplain 
that extends from the mouth of the Missouri River (RM 0) to the 
confluence of the Jefferson, Madison, and Gallatin Rivers (RM 2341) in 
the State of Montana.
    (d) Authority To Protect, Enhance, and Restore Fish and Wildlife 
Habitat.--Section 9(b) of the Act of December 22, 1944 (58 Stat. 891, 
chapter 665), is amended--
            (1) by striking ``(b) The general'' and inserting the 
        following:
    ``(b) Comprehensive Plan.--
            ``(1) In general.--The general'';
            (2) by striking ``paragraph'' and inserting ``subsection''; 
        and
            (3) by adding at the end the following:
            ``(2) Fish and wildlife habitat.--In addition to carrying 
        out the duties under the comprehensive plan described in 
        paragraph (1), the Chief of Engineers shall protect, enhance, 
        and restore fish and wildlife habitat on the Missouri River to 
        the extent consistent with other authorized project 
        purposes.''.
    (e) Integration of Activities.--
            (1) In general.--In carrying out this section and in 
        accordance with paragraph (2), the Secretary shall provide for 
        such activities as are necessary to protect and enhance fish 
        and wildlife habitat without adversely affecting--
                    (A) the water-related needs of the Missouri River 
                basin, including flood control, navigation, hydropower, 
                water supply, and recreation; and
                    (B) private property rights.
            (2) New authority.--Nothing in this section confers any new 
        regulatory authority on any Federal or non-Federal entity that 
        carries out any activity under this section.
    (f) Missouri River Mitigation Project.--The matter under the 
heading ``missouri river mitigation, missouri, kansas, iowa, and 
nebraska'' of section 601(a) of the Water Resources Development Act of 
1986 (100 Stat. 4143) is amended by adding at the end the following: 
``There is authorized to be appropriated to carry out this paragraph 
$20,000,000 for each of fiscal years 2001 through 2010, contingent on 
the completion by December 31, 2000, of the study under this 
heading.''.
    (g) Upper Missouri River Aquatic and Riparian Habitat Mitigation 
Program.--
            (1) In general.--
                    (A) Study.--Not later than 2 years after the date 
                of enactment of this Act, the Secretary, through an 
                interagency agreement with the Director of the United 
                States Fish and Wildlife Service and in accordance with 
                the Fish and Wildlife Conservation Act of 1980 (16 
                U.S.C. 2901 et seq.), shall complete a study that--
                            (i) analyzes any adverse effects on aquatic 
                        and riparian-dependent fish and wildlife 
                        resulting from the operation of the Missouri 
                        River Mainstem Reservoir Project in the States 
                        of Nebraska, South Dakota, North Dakota, and 
                        Montana;
                            (ii) recommends measures appropriate to 
                        mitigate the adverse effects described in 
                        clause (i); and
                            (iii) develops baseline geologic and 
                        hydrologic data relating to aquatic and 
                        riparian habitat.
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a report describing the results of the study 
                under subparagraph (A).
            (2) Pilot program.--The Secretary, in consultation with the 
        Director of the United States Fish and Wildlife Service and the 
        affected State fish and wildlife agencies, shall develop and 
        administer a pilot mitigation program that--
                    (A) involves the experimental releases of warm 
                water from the spillways at Fort Peck Dam during the 
                appropriate spawning periods for native fish;
                    (B) involves the monitoring of the response of fish 
                to and the effectiveness of the preservation of native 
                fish and wildlife habitat of the releases described in 
                subparagraph (A); and
                    (C) shall not adversely impact a use of the 
                reservoir existing on the date on which the pilot 
                program is implemented.
            (3) Reservoir fish loss study.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Secretary, in 
                consultation with the North Dakota Game and Fish 
                Department and the South Dakota Department of Game, 
                Fish and Parks, shall complete a study to analyze and 
                recommend measures to avoid or reduce the loss of fish, 
                including rainbow smelt, through Garrison Dam in North 
                Dakota and Oahe Dam in South Dakota.
                    (B) Report.--Not later than 2 years after the date 
                of enactment of this Act, the Secretary shall submit to 
                Congress a report describing the results of the study 
                under subparagraph (A).
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Secretary--
                    (A) to complete the study required under paragraph 
                (3), $200,000; and
                    (B) to carry out the other provisions of this 
                subsection, $1,000,000 for each of fiscal years 2001 
                through 2010.
    (h) Missouri and Middle Mississippi Rivers Enhancement Project.--
Section 514 of the Water Resources Development Act of 1999 (113 Stat. 
342) is amended by striking subsection (g) and inserting the following:
    ``(g) Authorization of Appropriations.--There is authorized to be 
appropriated to pay the Federal share of the cost of carrying out 
activities under this section $5,000,000 for each of fiscal years 2001 
through 2004.''.

SEC. 314. NEW MADRID COUNTY, MISSOURI.

    (a) In General.--The project for navigation, New Madrid County 
Harbor, New Madrid County, Missouri, authorized 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.--
            (1) In general.--The Secretary shall provide credit to the 
        non-Federal interests for the costs incurred by the non-Federal 
        interests in carrying out construction work for phase 1 of the 
        project, if the Secretary finds that the construction work is 
        integral to phase 2 of the project.
            (2) Maximum amount of credit.--The amount of the credit 
        under paragraph (1) shall not exceed the required non-Federal 
        share for the project.

SEC. 315. PEMISCOT COUNTY HARBOR, MISSOURI.

    (a) Credit.--With respect to the project for navigation, Pemiscot 
County Harbor, Missouri, authorized under section 107 of the River and 
Harbor Act of 1960 (33 U.S.C. 577), the Secretary shall provide credit 
to the Pemiscot County Port Authority, or an agent of the authority, 
for the costs incurred by the Authority or agent in carrying out 
construction work for the project after December 31, 1997, if the 
Secretary finds that the construction work is integral to the project.
    (b) Maximum Amount of Credit.--The amount of the credit under 
subsection (a) shall not exceed the required non-Federal share for the 
project, estimated as of the date of enactment of this Act to be 
$222,000.

SEC. 316. PIKE COUNTY, MISSOURI.

    (a) In General.--Subject to subsections (c) and (d), at such time 
as S.S.S., Inc. conveys all right, title, and interest in and to the 
parcel of land described in subsection (b)(1) 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 subsection (b)(2) to 
S.S.S., Inc.
    (b) Land Description.--The parcels of land referred to in 
subsection (a) are the following:
            (1) 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.
            (2) 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.
    (c) Conditions.--The land exchange under subsection (a) shall be 
subject to the following conditions:
            (1) Deeds.--
                    (A) Non-federal land.--The conveyance of the parcel 
                of land described in subsection (b)(1) to the Secretary 
                shall be by a warranty deed acceptable to the 
                Secretary.
                    (B) Federal land.--The instrument of conveyance 
                used to convey the parcel of land described in 
                subsection (b)(2) 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.
            (2) Removal of improvements.--
                    (A) In general.--S.S.S., Inc. may remove, and the 
                Secretary may require S.S.S., Inc. to remove, any 
                improvements on the parcel of land described in 
                subsection (b)(1).
                    (B) No liability.--If S.S.S., Inc., voluntarily or 
                under direction from the Secretary, removes an 
                improvement on the parcel of land described in 
                subsection (b)(1)--
                            (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.
            (3) Time limit for land exchange.--Not later than 2 years 
        after the date of enactment of this Act, the land exchange 
        under subsection (a) shall be completed.
            (4) Legal description.--The Secretary shall provide legal 
        descriptions of the parcels of land described in subsection 
        (b), which shall be used in the instruments of conveyance of 
        the parcels.
            (5) Administrative costs.--The Secretary shall require 
        S.S.S., Inc. to pay reasonable administrative costs associated 
        with the land exchange under subsection (a).
    (d) 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 subsection (a) 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 that subsection, 
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.

SEC. 317. FORT PECK FISH HATCHERY, MONTANA.

    (a) Findings.--Congress finds that--
            (1) Fort Peck Lake, Montana, is in need of a multispecies 
        fish hatchery;
            (2) the burden of carrying out efforts to raise and stock 
        fish species in Fort Peck Lake has been disproportionately 
        borne by the State of Montana despite the existence of a 
        Federal project at Fort Peck Lake;
            (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:
            (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.--
                            (i) In general.--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.
                            (ii) Required crediting.--The Secretary 
                        shall credit toward the non-Federal share of 
                        the costs of the hatchery project--
                                    (I) the costs to the State of 
                                Montana of stocking Fort Peck Lake 
                                during the period beginning January 1, 
                                1947; and
                                    (II) the costs to the State of 
                                Montana and the counties having 
                                jurisdiction over land surrounding Fort 
                                Peck Lake of construction of local 
                                access roads to the lake.
            (2) Operation, maintenance, repair, and replacement.--
                    (A) In general.--Except as provided in 
                subparagraphs (B) and (C), the operation, maintenance, 
                repair, and replacement of the hatchery project shall 
                be a non-Federal responsibility.
                    (B) Costs associated with threatened and endangered 
                species.--The costs of operation and maintenance 
                associated with raising threatened or endangered 
                species shall be a Federal responsibility.
                    (C) Power.--The Secretary shall offer to the 
                hatchery project low-cost project power for all 
                hatchery operations.
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section--
                    (A) $20,000,000; and
                    (B) such sums as are necessary to carry out 
                subsection (e)(2)(B).
            (2) Availability of funds.--Sums made available under 
        paragraph (1) shall remain available until expended.

SEC. 318. SAGAMORE CREEK, NEW HAMPSHIRE.

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

SEC. 319. 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 
emphasize nonstructural approaches for flood control as alternatives to 
the construction of the Passaic River tunnel element, while maintaining 
the integrity of other separable mainstream project elements, wetland 
banks, and other independent projects that were authorized to be 
carried out in the Passaic River Basin before the date of enactment of 
this Act.
    (b) Reevaluation of Floodway Study.--The Secretary shall review the 
Passaic River Floodway Buyout Study, dated October 1995, to calculate 
the benefits of a buyout and environmental restoration using the method 
used to calculate the benefits of structural projects under section 
308(b) of the Water Resources Development Act of 1990 (33 U.S.C. 
2318(b)).
    (c) Reevaluation of 10-Year Floodplain Study.--The Secretary shall 
review the Passaic River Buyout Study of the 10-year floodplain beyond 
the floodway of the Central Passaic River Basin, dated September 1995, 
to calculate the benefits of a buyout and environmental restoration 
using the method used to calculate the benefits of structural projects 
under section 308(b) of the Water Resources Development Act of 1990 (33 
U.S.C. 2318(b)).
    (d) Preservation of Natural Storage Areas.--
            (1) In general.--The Secretary shall reevaluate the 
        acquisition, from willing sellers, for flood protection 
        purposes, of 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 20 
        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 18 members to the 
                task force, as follows:
                            (i) 2 representatives of the New Jersey 
                        legislature who are members of different 
                        political parties.
                            (ii) 1 representative 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--
                                    (I) the Association of New Jersey 
                                Environmental Commissions;
                                    (II) the Passaic River Coalition; 
                                and
                                    (III) 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 submit annually to 
        the Secretary and to the non-Federal interest a report 
        describing the achievements of the Passaic River flood 
        management project in preventing flooding and any impediments 
        to completion of the project.
            (5) Expenditure of funds.--The Secretary may use funds made 
        available to carry out the Passaic River Basin flood 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).
    (j) Conforming Amendment.--Section 101(a)(18) of the Water 
Resources Development Act of 1990 (104 Stat. 4607) is amended in the 
paragraph heading by striking ``main stem,'' and inserting ``flood 
management project,''.

SEC. 320. 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.

SEC. 321. 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 deg. 10' west, to a point on 
                the west line of Tract 18 of that Addition and the true 
                point of beginning.
                    (D) Thence north, parallel with the west line of 
                that sec. 7, to a point on the north line of that sec. 
                7.
                    (E) Thence west along the north line thereof to the 
                northwest corner of that sec. 7.
                    (F) Thence south along the west line of that sec. 7 
                to a point on the ordinary high water line of the 
                Columbia River.
                    (G) Thence northeast along that high water line to 
                a point on the north and south coordinate line of the 
                Oregon Coordinate System, North Zone, that coordinate 
                line being east 2,291,000 feet.
                    (H) Thence north along that line to a point on the 
                south line of First Avenue of that Addition.
                    (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. 322. 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 non-Federal interest 
shall receive credit toward the non-Federal share of project costs, or 
reimbursement, 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. 323. 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-of-
                way.--The non-Federal interest shall receive credit for 
                the value of any land, easement, right-of-way, 
                relocation, or dredged material disposal area provided 
                for carrying out a project under subsection (a)(2).
                    (B) Form.--The non-Federal interest may provide up 
                to 50 percent of the non-Federal share in the form of 
                services, materials, supplies, or other in-kind 
                contributions.
            (4) Operation and maintenance.--The operation, maintenance, 
        repair, rehabilitation, and replacement of projects carried out 
        under this section shall be a non-Federal responsibility.
            (5) Non-federal interests.--Notwithstanding section 221 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
        project carried out under this section, a non-Federal interest 
        may include a private interest and a nonprofit entity.
    (c) Authorization of Appropriations.--
            (1) Development of plan.--There is authorized to be 
        appropriated to carry out subsection (a)(1) $300,000.
            (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. 324. SAVANNAH RIVER, SOUTH CAROLINA.

    (a) Definition of New Savannah Bluff Lock and Dam.--In this 
section, the term ``New Savannah Bluff Lock and Dam'' means--
            (1) the lock and dam at New Savannah Bluff, Savannah River, 
        Georgia and South Carolina; and
            (2) the appurtenant features to the lock and dam, 
        including--
                    (A) 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, chapter 847) and the first 
                section of the Act of August 30, 1935 (49 Stat. 1032, 
                chapter 831); and
                    (B) other land that is part of the project and that 
                the Secretary determines to be appropriate for 
                conveyance under this section.
    (b) Repair and Conveyance.--After execution of an agreement between 
the Secretary and the city of North Augusta and Aiken County, South 
Carolina, the Secretary--
            (1) shall repair and rehabilitate the New Savannah Bluff 
        Lock and Dam, at full Federal expense estimated at $5,300,000; 
        and
            (2) 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.
    (c) 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 subsection (b).
    (d) Operation and Maintenance.--
            (1) Before conveyance.--Before the conveyance under 
        subsection (b), the Secretary shall continue to operate and 
        maintain the New Savannah Bluff Lock and Dam.
            (2) After conveyance.--After the conveyance under 
        subsection (b), operation and maintenance of all features of 
        the project for navigation, Savannah River below Augusta, 
        Georgia, described in subsection (a)(2)(A), other than the New 
        Savannah Bluff Lock and Dam, shall continue to be a Federal 
        responsibility.

SEC. 325. HOUSTON-GALVESTON NAVIGATION CHANNELS, TEXAS.

    (a) In General.--Subject to the completion, not later than December 
31, 2000, of a favorable report by the Chief of Engineers, the project 
for navigation and environmental restoration, Houston-Galveston 
Navigation Channels, Texas, authorized by section 101(a)(30) of the 
Water Resources Development Act of 1996 (110 Stat. 3666), is modified 
to authorize the Secretary to design and construct barge lanes adjacent 
to both sides of the Houston Ship Channel from Redfish Reef to Morgan 
Point, a distance of approximately 15 miles, to a depth of 12 feet, at 
a total cost of $34,000,000, with an estimated Federal cost of 
$30,600,000 and an estimated non-Federal cost of $3,400,000.
    (b) Cost Sharing.--The non-Federal interest shall pay a portion of 
the costs of construction of the barge lanes under subsection (a) in 
accordance with section 101 of the Water Resources Development Act of 
1986 (33 U.S.C. 2211).
    (c) Federal Interest.--If the modification under subsection (a) is 
in compliance with all applicable environmental requirements, the 
modification shall be considered to be in the Federal interest.
    (d) No Authorization of Maintenance.--No maintenance is authorized 
to be carried out for the modification under subsection (a).

SEC. 326. JOE POOL LAKE, TRINITY RIVER BASIN, TEXAS.

    (a) In General.--The Secretary shall enter into an agreement with 
the city of Grand Prairie, Texas, under which the city agrees to assume 
all responsibilities of the Trinity River Authority of the State of 
Texas under Contract No. DACW63-76-C-0166, other than financial 
responsibilities, except the responsibility described in subsection 
(d).
    (b) Responsibilities of Trinity River Authority.--The Trinity River 
Authority shall be relieved of all financial responsibilities under the 
contract described in subsection (a) as of the date on which the 
Secretary enters into the agreement with the city under that 
subsection.
    (c) Payments by City.--In consideration of the agreement entered 
into under subsection (a), the city shall pay the Federal Government 
$4,290,000 in 2 installments--
            (1) 1 installment in the amount of $2,150,000, which shall 
        be due and payable not later than December 1, 2000; and
            (2) 1 installment in the amount of $2,140,000, which shall 
        be due and payable not later than December 1, 2003.
    (d) Operation and Maintenance Costs.--The agreement entered into 
under subsection (a) shall include a provision requiring the city to 
assume responsibility for all costs associated with operation and 
maintenance of the recreation facilities included in the contract 
described in that subsection.

SEC. 327. LAKE CHAMPLAIN WATERSHED, VERMONT AND NEW YORK.

    (a) Definitions.--In this section:
            (1) Critical restoration project.--The term ``critical 
        restoration project'' means a project that will produce, 
        consistent with Federal programs, projects, and activities, 
        immediate and substantial ecosystem restoration, preservation, 
        and protection benefits.
            (2) Lake champlain watershed.--The term ``Lake Champlain 
        watershed'' means--
                    (A) the land areas within Addison, Bennington, 
                Caledonia, Chittenden, Franklin, Grand Isle, Lamoille, 
                Orange, Orleans, Rutland, and Washington Counties in 
                the State of Vermont; and
                    (B)(i) the land areas that drain into Lake 
                Champlain and that are located within Essex, Clinton, 
                Franklin, Warren, and Washington Counties in the State 
                of New York; and
                    (ii) the near-shore areas of Lake Champlain within 
                the counties referred to in clause (i).
    (b) Critical Restoration Projects.--
            (1) In general.--The Secretary may participate in critical 
        restoration projects in the Lake Champlain watershed.
            (2) Types of projects.--A critical restoration project 
        shall be eligible for assistance under this section if the 
        critical restoration project consists of--
                    (A) implementation of an intergovernmental 
                agreement for coordinating regulatory and management 
                responsibilities with respect to the Lake Champlain 
                watershed;
                    (B) acceleration of whole farm planning to 
                implement best management practices to maintain or 
                enhance water quality and to promote agricultural land 
                use in the Lake Champlain watershed;
                    (C) acceleration of whole community planning to 
                promote intergovernmental cooperation in the regulation 
                and management of activities consistent with the goal 
                of maintaining or enhancing water quality in the Lake 
                Champlain watershed;
                    (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 State director 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, State directors 
                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 
                critical restoration project;
                    (B) to acquire any land, easements, rights-of-way, 
                relocations, and dredged material disposal areas 
                necessary to carry out the critical restoration 
                project;
                    (C) to pay 100 percent of the operation, 
                maintenance, repair, replacement, and rehabilitation 
                costs associated with the critical restoration project; 
                and
                    (D) to hold the United States harmless from any 
                claim or damage that may arise from carrying out the 
                critical restoration project, 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 
                critical restoration project.
                    (B) Credit for land, easements, and rights-of-
                way.--The non-Federal interest shall receive credit for 
                the value of any land, easement, right-of-way, 
                relocation, or dredged material disposal area provided 
                for carrying out the critical restoration 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 critical restoration 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. 328. MOUNT ST. HELENS, WASHINGTON.

    The project for sediment control, Mount St. Helens, Washington, 
authorized by the matter under the heading ``transfer of federal 
townsites'' in 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 entitled ``Mount St. Helens, Washington, Decision 
Document (Toutle, Cowlitz, and Columbia Rivers)'', published as House 
Document No. 135, 99th Congress, signed by the Chief of Engineers, and 
endorsed and submitted to Congress by the Acting Assistant Secretary of 
the Army.

SEC. 329. 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 
                critical restoration 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 critical 
        restoration projects for implementation under this section, the 
        Secretary shall consult with, and give full consideration to 
        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 critical 
restoration projects identified under subsection (c) 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.
    (e) Cost Sharing.--
            (1) In general.--Before carrying out any critical 
        restoration 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 
                critical restoration project;
                    (B) to acquire any land, easements, rights-of-way, 
                relocations, and dredged material disposal areas 
                necessary to carry out the critical restoration 
                project;
                    (C) to pay 100 percent of the operation, 
                maintenance, repair, replacement, and rehabilitation 
                costs associated with the critical restoration project; 
                and
                    (D) to hold the United States harmless from any 
                claim or damage that may arise from carrying out the 
                critical restoration 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 non-Federal interest shall 
                receive credit for the value of any land, easement, 
                right-of-way, relocation, or dredged material disposal 
                area provided for carrying out the critical restoration 
                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 $20,000,000, of which not more 
than $5,000,000 may be used to carry out any 1 critical restoration 
project.

SEC. 330. 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 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. 331. 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''; and
            (2) by striking paragraph (4) and inserting the following:
            ``(4) the construction of reefs and related clean shell 
        substrate for fish habitat, including manmade 3-dimensional 
        oyster reefs, in the Chesapeake Bay and its tributaries in 
        Maryland and Virginia--
                    ``(A) which reefs shall be 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
                    ``(B) for assistance in the construction of which 
                reefs the Chief of Engineers shall solicit 
                participation by and the services of commercial 
                watermen.''.

SEC. 332. 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. 333. 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:
            (1) Great lake.--
                    (A) In general.--The term ``Great Lake'' means Lake 
                Superior, Lake Michigan, Lake Huron (including Lake St. 
                Clair), Lake Erie, and Lake Ontario (including the St. 
                Lawrence River to the 45th parallel of latitude).
                    (B) Inclusions.--The term ``Great Lake'' includes 
                any connecting channel, historically connected 
                tributary, and basin of a lake specified in 
                subparagraph (A).
            (2) Great lakes commission.--The term ``Great Lakes 
        Commission'' means The Great Lakes Commission established by 
        the Great Lakes Basin Compact (82 Stat. 414).
            (3) Great lakes fishery commission.--The term ``Great Lakes 
        Fishery Commission'' has the meaning given the term 
        ``Commission'' in section 2 of the Great Lakes Fishery Act of 
        1956 (16 U.S.C. 931).
            (4) Great lakes state.--The term ``Great Lakes State'' 
        means each of the States of Illinois, Indiana, Michigan, 
        Minnesota, Ohio, Pennsylvania, New York, and Wisconsin.
    (c) Great Lakes Fishery and Ecosystem Restoration.--
            (1) Support plan.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Secretary shall 
                develop a plan for activities of the Corps of Engineers 
                that support the management of Great Lakes fisheries.
                    (B) Use of existing documents.--To the maximum 
                extent practicable, the plan shall make use of and 
                incorporate documents that relate to the Great Lakes 
                and are in existence on the date of enactment of this 
                Act, such as lakewide management plans and remedial 
                action plans.
                    (C) Cooperation.--The Secretary shall develop the 
                plan in cooperation with--
                            (i) the signatories to the Joint Strategic 
                        Plan for Management of the Great Lakes 
                        Fisheries; and
                            (ii) other affected interests.
            (2) Projects.--The Secretary shall plan, design, and 
        construct projects to support the restoration of the fishery, 
        ecosystem, and beneficial uses of the Great Lakes.
            (3) Evaluation program.--
                    (A) In general.--The Secretary shall develop a 
                program to evaluate the success of the projects carried 
                out under paragraph (2) in meeting fishery and 
                ecosystem restoration goals.
                    (B) Studies.--Evaluations under subparagraph (A) 
                shall be conducted in consultation with the Great Lakes 
                Fishery Commission and appropriate Federal, State, and 
                local agencies.
    (d) Cooperative Agreements.--In carrying out this section, the 
Secretary may enter into a cooperative agreement with the Great Lakes 
Commission or any other agency established to facilitate active State 
participation in management of the Great Lakes.
    (e) Relationship to Other Great Lakes Activities.--No activity 
under this section shall affect the date of completion of any other 
activity relating to the Great Lakes that is authorized under other 
law.
    (f) Cost Sharing.--
            (1) Development of plan.--The Federal share of the cost of 
        development of the plan under subsection (c)(1) shall be 65 
        percent.
            (2) Project planning, design, construction, and 
        evaluation.--The Federal share of the cost of planning, design, 
        construction, and evaluation of a project under paragraph (2) 
        or (3) of subsection (c) shall be 65 percent.
            (3) Non-federal share.--
                    (A) Credit for land, easements, and rights-of-
                way.--The non-Federal interest shall receive credit for 
                the value of any land, easement, right-of-way, 
                relocation, or dredged material disposal area provided 
                for carrying out a project under subsection (c)(2).
                    (B) Form.--The non-Federal interest may provide up 
                to 50 percent of the non-Federal share required under 
                paragraphs (1) and (2) in the form of services, 
                materials, supplies, or other in-kind contributions.
            (4) Operation and maintenance.--The operation, maintenance, 
        repair, rehabilitation, and replacement of projects carried out 
        under this section shall be a non-Federal responsibility.
            (5) Non-federal interests.--Notwithstanding section 221 of 
        the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), for any 
        project carried out under this section, a non-Federal interest 
        may include a private interest and a nonprofit entity.
    (g) Authorization of Appropriations.--
            (1) Development of plan.--There is authorized to be 
        appropriated for development of the plan under subsection 
        (c)(1) $300,000.
            (2) Other activities.--There is authorized to be 
        appropriated to carry out paragraphs (2) and (3) of subsection 
        (c) $8,000,000 for each of fiscal years 2002 through 2006.

SEC. 334. 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 2010.''.

SEC. 335. GREAT LAKES TRIBUTARY MODEL.

    Section 516 of the Water Resources Development Act of 1996 (33 
U.S.C. 2326b) is amended--
            (1) in subsection (e), by adding at the end the following:
            ``(3) Cost sharing.--The non-Federal share of the costs of 
        developing a tributary sediment transport model under this 
        subsection shall be 50 percent.''; and
            (2) in subsection (g)--
                    (A) by striking ``There is authorized'' and 
                inserting the following:
            ``(1) In general.--There is authorized''; and
                    (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 2001 through 2008.''.

SEC. 336. TREATMENT OF DREDGED MATERIAL FROM LONG ISLAND SOUND.

    (a) In General.--Not later than December 31, 2002, the Secretary 
shall carry out a demonstration project 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 (such as 
        projects carried out in the State of New York, New Jersey, or 
        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); or
                    (B) section 503 of the Water Resources Development 
                Act of 1999 (33 U.S.C. 2314 note; 113 Stat. 337);
            (3) ensure that dredged material from Long Island Sound 
        that is treated under the demonstration project is disposed of 
        by 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) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $20,000,000.

SEC. 337. NEW ENGLAND WATER RESOURCES AND ECOSYSTEM RESTORATION.

    (a) Definitions.--In this section:
            (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 l, 2002, the Secretary 
        shall submit to Congress a report on the assessment.
    (c) Restoration Plans.--
            (1) In general.--After the report is submitted under 
        subsection (b)(5), the Secretary, in coordination with 
        appropriate Federal, State, tribal, regional, and local 
        agencies, shall--
                    (A) develop a comprehensive plan for restoring, 
                preserving, and protecting the water resources and 
                ecosystem in each watershed and region in New England; 
                and
                    (B) submit 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 submitted 
        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 critical restoration 
        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 critical restoration 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 critical restoration project under 
                subsection (d) shall be 35 percent.
                    (B) In-kind contributions.--Up to 50 percent of the 
                non-Federal share may be provided in the form of 
                services, materials, or other in-kind contributions.
                    (C) Required non-federal contribution.--For any 
                critical restoration project, the non-Federal interest 
                shall--
                            (i) provide all land, easements, rights-of-
                        way, dredged material disposal areas, and 
                        relocations;
                            (ii) pay all operation, maintenance, 
                        replacement, repair, and rehabilitation costs; 
                        and
                            (iii) hold the United States harmless from 
                        all claims arising from the construction, 
                        operation, and maintenance of the project.
                    (D) Credit.--The non-Federal interest shall receive 
                credit for the value of the land, easements, rights-of-
                way, dredged material disposal areas, and relocations 
                provided under subparagraph (C).
    (f) Authorization of Appropriations.--
            (1) Assessment and restoration plans.--There is authorized 
        to be appropriated to carry out subsections (b) and (c) 
        $2,000,000 for each of fiscal years 2001 through 2005.
            (2) Critical restoration projects.--There is authorized to 
        be appropriated to carry out subsection (d) $30,000,000.

SEC. 338. PROJECT DEAUTHORIZATIONS.

    The following projects or portions of projects are not authorized 
after the date of enactment of this Act:
            (1) 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), is not authorized after the date 
        of enactment of this Act: the portion of the northernmost 6-
        foot deep anchorage the boundaries of which begin at a point 
        with coordinates N1904693.6500, E418084.2700, thence running 
        south 01 degree 04 minutes 50.3 seconds 35 feet to a point with 
        coordinates N190434.6562, E418084.9301, thence running south 15 
        degrees 53 minutes 45.5 seconds 416.962 feet to a point with 
        coordinates N190033.6386, E418199.1325, thence running north 03 
        degrees 11 minutes 30.4 seconds 70 feet to a point with 
        coordinates N190103.5300, E418203.0300, thence running north 17 
        degrees 58 minutes 18.3 seconds west 384.900 feet to the point 
        of origin.
            (2) Wallabout channel, brooklyn, new york.--
                    (A) In general.--The northeastern portion of the 
                project for navigation, Wallabout Channel, Brooklyn, 
                New York, authorized by the Act of March 3, 1899 (30 
                Stat. 1124, chapter 425), 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).
            (3) 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.
            (4) Warwick cove, rhode island.--The portion of the project 
        for navigation, Warwick Cove, Rhode Island, authorized under 
        section 107 of the River and Harbor Act of 1960 (33 U.S.C. 
        577), which 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.

SEC. 339. BOGUE BANKS, CARTERET COUNTY, NORTH CAROLINA.

    (a) Definition of Beaches.--In this section, the term ``beaches'' 
means the following beaches located in Carteret County, North Carolina:
            (1) Atlantic Beach.
            (2) Pine Knoll Shores Beach.
            (3) Salter Path Beach.
            (4) Indian Beach.
            (5) Emerald Isle Beach.
    (b) Renourishment Study.--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.

                           TITLE IV--STUDIES

SEC. 401. 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. 402. BONO, ARKANSAS.

    The Secretary shall conduct a study to determine the feasibility 
of, and need for, a reservoir and associated improvements to provide 
for flood control, recreation, water quality, and fish and wildlife in 
the vicinity of Bono, Arkansas.

SEC. 403. CACHE CREEK BASIN, CALIFORNIA.

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

SEC. 404. ESTUDILLO CANAL WATERSHED, CALIFORNIA.

    The Secretary shall conduct a study to determine the feasibility of 
constructing flood control measures in the Estudillo Canal watershed, 
San Leandro, Calfornia.

SEC. 405. LAGUNA CREEK WATERSHED, CALIFORNIA.

    The Secretary shall conduct a study to determine the feasibility of 
constructing flood control measures in the Laguna Creek watershed, 
Fremont, California, to provide a 100-year level of flood protection.

SEC. 406. OCEANSIDE, CALIFORNIA.

    Not later than 32 months after the date of enactment of this Act, 
the Secretary shall conduct a special study, at full 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. 407. 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. 408. CHOCTAWHATCHEE RIVER, FLORIDA.

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

SEC. 409. 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. 410. FERNANDINA HARBOR, FLORIDA.

    The Secretary shall conduct a study to determine the feasibility of 
realigning the access channel in the vicinity of the Fernandina Beach 
Municipal Marina as part of project for navigation, Fernandina, 
Florida, authorized by the first section of the Act of June 14, 1880 
(21 Stat. 186, chapter 211).

SEC. 411. 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. 412. BOISE RIVER, IDAHO.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out multi-objective flood control activities along the Boise 
River, Idaho.

SEC. 413. WOOD RIVER, IDAHO.

    The Secretary shall conduct a study to determine the feasibility of 
carrying out multi-objective flood control and flood mitigation 
planning projects along the Wood River in Blaine County, Idaho.

SEC. 414. CHICAGO, ILLINOIS.

    (a) In General.--The Secretary shall conduct a study to determine 
the feasibility of carrying out projects for water-related urban 
improvements, including infrastructure development and improvements, in 
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. 415. 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. 416. PORT OF IBERIA, LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
constructing navigation improvements for ingress and egress between the 
Port of Iberia, Louisiana, and the Gulf of Mexico, including channel 
widening and deepening.

SEC. 417. SOUTH LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
constructing projects for hurricane protection in the coastal area of 
the State of Louisiana between Morgan City and the Pearl River.

SEC. 418. ST. JOHN THE BAPTIST PARISH, LOUISIANA.

    The Secretary shall conduct a study to determine the feasibility of 
constructing urban flood control measures on the east bank of the 
Mississippi River in St. John the Baptist Parish, Louisiana.

SEC. 419. PORTLAND HARBOR, MAINE.

    The Secretary shall conduct a study to determine the adequacy of 
the channel depth at Portland Harbor, Maine.

SEC. 420. 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. 421. SEARSPORT HARBOR, MAINE.

    The Secretary shall conduct a study to determine the adequacy of 
the channel depth at Searsport Harbor, Maine.

SEC. 422. MERRIMACK RIVER BASIN, MASSACHUSETTS AND NEW HAMPSHIRE.

    (a) In General.--The Secretary shall conduct a comprehensive study 
of the water resources needs of the Merrimack River basin, 
Massachusetts and New Hampshire, in the manner described in section 729 
of the Water Resources Development Act of 1986 (100 Stat. 4164).
    (b) Consideration of Other Studies.--In carrying out this section, 
the Secretary may take into consideration any studies conducted by the 
University of New Hampshire on environmental restoration of the 
Merrimack River System.

SEC. 423. 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)--
            (1) to widen the channel from 300 feet to 450 feet; and
            (2) to deepen the South Harbor channel from 36 feet to 42 
        feet and the North Harbor channel from 32 feet to 36 feet.

SEC. 424. 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. 425. 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. 426. CUYAHOGA RIVER, OHIO.

    Section 438 of the Water Resources Development Act of 1996 (110 
Stat. 3746) is amended to read as follows:

``SEC. 438. CUYAHOGA RIVER, OHIO.

    ``(a) In General.--The Secretary shall--
            ``(1) conduct a study to evaluate the structural integrity 
        of the bulkhead system located on the Federal navigation 
        channel along the Cuyahoga River near Cleveland, Ohio; and
            ``(2) provide to the non-Federal interest design analysis, 
        plans and specifications, and cost estimates for repair or 
        replacement of the bulkhead system.
    ``(b) Cost Sharing.--The non-Federal share of the cost of the study 
shall be 35 percent.
    ``(c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000.''.

SEC. 427. 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. 428. 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. 429. 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) not later than 180 days after the date of enactment of 
        this Act, submit 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; 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. 430. 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. 431. 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 the funds 
described in subsection (a) to the Secretary.

SEC. 432. 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) Cost Sharing.--
            (1) Federal share.--The Federal share of the costs of the 
        feasibility study under subsection (a) shall not exceed 25 
        percent.
            (2) Non-federal share.--The Secretary--
                    (A) shall credit toward the non-Federal share of 
                the costs 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 or after 
                execution of the feasibility study cost-sharing 
                agreement; and
                    (B) for the purposes of subparagraph (A), shall 
                consider 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, dated March 7, 1996.

SEC. 433. HORN LAKE CREEK AND TRIBUTARIES, TENNESSEE AND MISSISSIPPI.

    (a) In General.--The Secretary shall conduct a study to determine 
the feasibility of modifying 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 provide a high level of urban flood protection to development along 
Horn Lake Creek.
    (b) Required Element.--The study shall include a limited 
reevaluation of the project to determine the appropriate design, as 
desired by the non-Federal interests.

SEC. 434. CEDAR BAYOU, TEXAS.

    The Secretary shall conduct a study to determine the feasibility of 
constructing a 12-foot-deep and 125-foot-wide channel from the Houston 
Ship Channel to Cedar Bayou, mile marker 11, Texas.

SEC. 435. HOUSTON SHIP CHANNEL, TEXAS.

    The Secretary shall conduct a study to determine the feasibility of 
constructing barge lanes adjacent to both sides of the Houston Ship 
Channel from Bolivar Roads to Morgan Point, Texas, to a depth of 12 
feet.

SEC. 436. SAN ANTONIO CHANNEL, TEXAS.

    The Secretary shall conduct a study to determine the feasibility of 
modifying the project for San Antonio Channel improvement, Texas, 
authorized by section 203 of the Flood Control Act of 1954 (68 Stat. 
1259), and modified by section 103 of the Water Resources Development 
Act of 1976 (90 Stat. 2921), to add environmental restoration and 
recreation as project purposes.

SEC. 437. VERMONT DAMS REMEDIATION.

    (a) In General.--The Secretary shall--
            (1) 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); and
            (2) 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).
    (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 the study 
under subsection (a) shall be 35 percent.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $500,000.

SEC. 438. WHITE RIVER WATERSHED BELOW MUD MOUNTAIN DAM, WASHINGTON.

    (a) Review.--The Secretary shall review the report of the Chief of 
Engineers on the Upper Puyallup River, Washington, dated 1936, 
authorized by section 5 of the Act of June 22, 1936 (49 Stat. 1591, 
chapter 688), the Puget Sound and adjacent waters report authorized by 
section 209 of the Flood Control Act of 1962 (76 Stat. 1197), and other 
pertinent reports, to determine whether modifications to the 
recommendations contained in the reports are advisable to provide 
improvements to the water resources and watershed of the White River 
watershed downstream of Mud Mountain Dam, Washington.
    (b) Issues.--In conducting the review under subsection (a), the 
Secretary shall review, with respect to the Lake Tapps community and 
other parts of the watershed--
            (1) constructed and natural environs;
            (2) capital improvements;
            (3) water resource infrastructure;
            (4) ecosystem restoration;
            (5) flood control;
            (6) fish passage;
            (7) collaboration by, and the interests of, regional 
        stakeholders;
            (8) recreational and socioeconomic interests; and
            (9) other issues determined by the Secretary.

SEC. 439. 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 Indian 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 Indian Tribe on Willapa Bay, Washington, at full 
        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 Indian Tribe.
            (2) Land, easements, and rights-of-way.--As a condition of 
        the project described in paragraph (1), the Shoalwater Bay 
        Indian Tribe shall provide land, easements, rights-of-way, and 
        dredged material disposal areas necessary for the 
        implementation of the project.

SEC. 440. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND NUTRIENT STUDY.

    (a) In General.--The Secretary, in conjunction with the Secretary 
of Agriculture and the Secretary of the Interior, 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 relevant 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 submit to 
        Congress a preliminary report that outlines work being 
        conducted on the study components described in subsection (b).
            (2) Final report.--Not later than 5 years after the date of 
        enactment of this Act, the Secretary shall submit 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 $5,000,000 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. 441. 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. 442. QUONSET POINT CHANNEL RECONNAISSANCE STUDY.

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

                   TITLE V--MISCELLANEOUS PROVISIONS

SEC. 501. 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 ``at 
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. 502. 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, to the maximum extent practicable and in 
        accordance with applicable law, integrate the activities of the 
        Corps of Engineers in the San Joaquin and Sacramento River 
        basins with the long-term goals of the CALFED Bay-Delta 
        Program.
    (b) Cooperative Activities.--In participating in the CALFED Bay-
Delta Program under subsection (a), the Secretary may--
            (1) accept and expend funds from other Federal agencies and 
        from non-Federal public, private, and nonprofit entities to 
        carry out ecosystem restoration projects and activities 
        associated with the CALFED Bay-Delta Program; and
            (2) in carrying out the projects and activities, enter into 
        contracts, cooperative research and development agreements, and 
        cooperative agreements with Federal and non-Federal private, 
        public, and nonprofit entities.
    (c) Area Covered by Program.--For the purposes of this section, the 
area covered by the CALFED Bay-Delta Program shall be the San Francisco 
Bay/Sacramento-San Joaquin Delta Estuary and its watershed (known as 
the ``Bay-Delta Estuary''), as identified in the Framework Agreement 
Between the Governor's Water Policy Council of the State of California 
and the Federal Ecosystem Directorate.
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2002 through 2005.

SEC. 503. LAKE SIDNEY LANIER, GEORGIA, HOME PRESERVATION.

    (a) Definitions.--In this section:
            (1) Easement prohibition.--The term ``easement 
        prohibition'' means the rights acquired by the United States in 
        the flowage easements to prohibit structures for human 
        habitation.
            (2) Eligible property owner.--The term ``eligible property 
        owner'' means a person that owns a structure for human 
        habitation that was constructed before January 1, 2000, and is 
        located on fee land or in violation of the flowage easement.
            (3) Fee land.--The term ``fee land'' means the land 
        acquired in fee title by the United States for the Lake.
            (4) Flowage easement.--The term ``flowage easement'' means 
        an interest in land that the United States acquired that 
        provides the right to flood, to the elevation of 1,085 feet 
        above mean sea level (among other rights), land surrounding the 
        Lake.
            (5) Lake.--The term ``Lake'' means the Lake Sidney Lanier, 
        Georgia, project of the Corps of Engineers authorized by the 
        first section of the Act of July 24, 1946 (60 Stat. 635, 
        chapter 595).
    (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 
promulgate 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 prior to January 1, 
                2000, and that the property owner is an eligible 
                property owner under this section;
            (4) provide that any private survey shall be subject to 
        review and approval by the Corps of Engineers to ensure that 
        the private survey conforms to the boundary line established by 
        the Federal Government;
            (5) require the Corps of Engineers to offer to an eligible 
        property owner a conveyance or release that--
                    (A) on fee land, conveys by quitclaim deed the 
                minimum land required to maintain the human habitation 
                structure, reserving the right to flood to the 
                elevation of 1,085 feet above mean sea level, if 
                applicable;
                    (B) in a flowage easement, releases by quitclaim 
                deed the easement prohibition;
                    (C) provides that--
                            (i) the existing structure shall not be 
                        extended further onto fee land or into the 
                        flowage easement; and
                            (ii) additional structures for human 
                        habitation shall not be placed on fee land or 
                        in a flowage easement; and
                    (D) provides that--
                            (i)(I) the United States shall not be 
                        liable or responsible for damage to property or 
                        injury to persons caused by operation of the 
                        Lake; and
                            (II) no claim to compensation shall accrue 
                        from the exercise of the flowage easement 
                        rights; and
                            (ii) the waiver described in clause (i) of 
                        any and all claims against the United States 
                        shall be a covenant running with the land and 
                        shall be fully 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. 504. CONVEYANCE OF LIGHTHOUSE, ONTONAGON, MICHIGAN.

    (a) In General.--The Secretary may convey to the Ontonagon County 
Historical Society, at full Federal expense--
            (1) the lighthouse at Ontonagon, Michigan; and
            (2) the land underlying and adjacent to the lighthouse 
        (including any improvements on the land) that is under the 
        jurisdiction of the Secretary.
    (b) Map.--The Secretary shall--
            (1) determine--
                    (A) the extent of the land conveyance under this 
                section; and
                    (B) the exact acreage and legal description of the 
                land to be conveyed under this section; and
            (2) prepare a map that clearly identifies any land to be 
        conveyed.
    (c) Conditions.--The Secretary may--
            (1) obtain all necessary easements and rights-of-way; and
            (2) impose such terms, conditions, reservations, and 
        restrictions on the conveyance;
as the Secretary determines to be necessary to protect the public 
interest.
    (d) 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 section.
    (e) Responsibilities After Conveyance.--After the conveyance of 
land under this section, the Ontonagon County Historical Society shall 
be responsible for any additional operation, maintenance, repair, 
rehabilitation, or replacement costs associated with--
            (1) the lighthouse; or
            (2) the conveyed land and improvements.
    (f) Applicability of Environmental Law.--Nothing in this section 
affects the potential liability of any person under any applicable 
environmental law.

SEC. 505. LAND CONVEYANCE, CANDY LAKE, OKLAHOMA.

    Section 563(c) of the Water Resources Development Act of 1999 (113 
Stat. 357) is amended--
            (1) in paragraph (1)(B), by striking ``a deceased'' and 
        inserting ``an''; and
            (2) by adding at the end the following:
            ``(4) Costs of nepa compliance.--The Federal Government 
        shall assume the costs of any Federal action under this 
        subsection that is carried out for the purpose of section 102 
        of the National Environmental Policy Act of 1969 (42 U.S.C. 
        4332).
            ``(5) Authorization of appropriations.--There are 
        authorized to be appropriated such sums as are necessary to 
        carry out this subsection.''.

SEC. 506. LAND CONVEYANCE, RICHARD B. RUSSELL DAM AND LAKE, SOUTH 
              CAROLINA.

    Section 563 of the Water Resources Development Act of 1999 (113 
Stat. 355) is amended by striking subsection (i) and inserting the 
following:
    ``(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.
            ``(5) Additional terms and conditions.--The Secretary may 
        require such additional terms and conditions in connection with 
        the conveyance under this subsection as the Secretary considers 
        appropriate to protect the interests of the United States.
            ``(6) Fish and wildlife mitigation agreement.--
                    ``(A) In general.--The Secretary shall pay the 
                State of South Carolina $4,850,000, subject to the 
                Secretary and the State entering into a binding 
                agreement 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.''.

SEC. 507. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
              STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT 
              RESTORATION.

    (a) Terrestrial Wildlife Habitat Restoration.--Section 602 of the 
Water Resources Development Act of 1999 (113 Stat. 385) is amended--
            (1) in subsection (a)(4)(C)(i), by striking subclause (I) 
        and inserting the following:
                                    ``(I) fund, from funds made 
                                available for operation and maintenance 
                                under the Pick-Sloan Missouri River 
                                Basin program and through grants to the 
                                State of South Dakota, the Cheyenne 
                                River Sioux Tribe, and the Lower Brule 
                                Sioux Tribe--
                                            ``(aa) the terrestrial 
                                        wildlife habitat restoration 
                                        programs being carried out as 
                                        of August 17, 1999, on Oahe and 
                                        Big Bend project land at a 
                                        level that does not exceed the 
                                        greatest amount of funding that 
                                        was provided for the programs 
                                        during a previous fiscal year; 
                                        and
                                            ``(bb) the carrying out of 
                                        plans developed under this 
                                        section; and''; and
            (2) in subsection (b)(4)(B), by striking ``section 
        604(d)(3)(A)(iii)'' and inserting ``section 604(d)(3)(A)''.
    (b) South Dakota Terrestrial Wildlife Habitat Restoration Trust 
Fund.--Section 603 of the Water Resources Development Act of 1999 (113 
Stat. 388) is amended--
            (1) in subsection (c)(2), by striking ``The'' and inserting 
        ``In consultation with the State of South Dakota, the''; and
            (2) in subsection (d)--
                    (A) in paragraph (2), by inserting ``Department of 
                Game, Fish and Parks of the'' before ``State of''; and
                    (B) in paragraph (3)(A)(ii)--
                            (i) in subclause (I), by striking 
                        ``transferred'' and inserting ``transferred, or 
                        to be transferred,''; and
                            (ii) by striking subclause (II) and 
                        inserting the following:
                                    ``(II) fund all costs associated 
                                with the lease, ownership, management, 
                                operation, administration, maintenance, 
                                or development of recreation areas and 
                                other land that are transferred, or to 
                                be transferred, to the State of South 
                                Dakota by the Secretary;''.
    (c) Cheyenne River Sioux Tribe and Lower Brule Sioux Tribe 
Terrestrial Wildlife Habitat Restoration Trust Funds.--Section 604 of 
the Water Resources Development Act of 1999 (113 Stat. 389) 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) 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)), by inserting ``and'' 
                        after the semicolon; and
                            (ii) in subparagraph (D) (as redesignated 
                        by subparagraph (B)), by striking ``and'' and 
                        inserting ``or''; and
                    (D) by redesignating paragraph (5) as paragraph 
                (2);
            (3) in subsection (d), by striking paragraph (2) and 
        inserting the following:
            ``(2) Structures.--
                    ``(A) In general.--The map shall identify all land 
                and structures to be retained as necessary for 
                continuation of the operation, maintenance, repair, 
                replacement, rehabilitation, and structural integrity 
                of the dams and related flood control and hydropower 
                structures.
                    ``(B) Lease of recreation areas.--
                            ``(i) In general.--The Secretary shall 
                        lease to the State of South Dakota in 
                        perpetuity all or part of the following 
                        recreation areas, within the boundaries 
                        determined under clause (ii), that are adjacent 
                        to land received by the State of South Dakota 
                        under this title:
                                    ``(I) Oahe dam and lake.--
                                            ``(aa) Downstream 
                                        Recreation Area.
                                            ``(bb) West Shore 
                                        Recreation Area.
                                            ``(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 (commonly known as the `Flood Control Act of 
                1944') (58 Stat. 887)).'';
            (6) in subsection (h), by striking ``of this Act'' and 
        inserting ``of law''; and
            (7) by adding at the end the following:
    ``(j) Cleanup of Land and Recreation Areas.--
            ``(1) In general.--Not later than 10 years after the date 
        of enactment of this subsection, the Secretary shall clean up 
        each open dump and hazardous waste site identified by the 
        Secretary and located on the land and recreation areas 
        described in subsections (b) and (c).
            ``(2) Funding.--Cleanup activities under paragraph (1) 
        shall be funded solely from funds made available for operation 
        and maintenance under the Pick-Sloan Missouri River Basin 
        program.
    ``(k) Cultural Resources Advisory Commission.--
            ``(1) In general.--The State of South Dakota, the Cheyenne 
        River Sioux Tribe, and the Lower Brule Sioux Tribe may 
        establish an advisory commission to be known as the `Cultural 
        Resources Advisory Commission' (referred to in this subsection 
        as the `Commission').
            ``(2) Membership.--The Commission shall be composed of--
                    ``(A) 1 member representing the State of South 
                Dakota;
                    ``(B) 1 member representing the Cheyenne River 
                Sioux Tribe;
                    ``(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) is amended--
            (1) in subsection (a)(1), by striking ``The Secretary'' and 
        inserting ``Not later than January 1, 2002, the Secretary'';
            (2) in subsection (b)(1), by striking ``Big Bend and Oahe'' 
        and inserting ``Oahe, Big Bend, and Fort Randall'';
            (3) in subsection (d), by striking paragraph (2) and 
        inserting the following:
            ``(2) Structures.--
                    ``(A) In general.--The map shall identify all land 
                and structures to be retained as necessary for 
                continuation of the operation, maintenance, repair, 
                replacement, rehabilitation, and structural integrity 
                of the dams and related flood control and hydropower 
                structures.
                    ``(B) Lease of recreation areas.--
                            ``(i) In general.--The Secretary shall 
                        lease to the Lower Brule Sioux Tribe in 
                        perpetuity all or part of the following 
                        recreation areas at Big Bend Dam and Lake 
                        Sharpe:
                                    ``(I) Left Tailrace Recreation 
                                Area.
                                    ``(II) Right Tailrace Recreation 
                                Area.
                                    ``(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 from carrying out its mission 
                        under the Act entitled `An Act authorizing the 
                        construction of certain public works on rivers 
                        and harbors for flood control, and for other 
                        purposes', approved December 22, 1944 (commonly 
                        known as the `Flood Control Act of 1944') (58 
                        Stat. 887)).''; and
                    (C) in paragraph (3)(B), by inserting before the 
                period at the end the following: ``that were 
                administered by the Corps of Engineers as of the date 
                of the land transfer.''; and
            (5) by adding at the end the following:
    ``(h) Cleanup of Land and Recreation Areas.--
            ``(1) In general.--Not later than 10 years after the date 
        of enactment of this subsection, the Secretary shall clean up 
        each open dump and hazardous waste site identified by the 
        Secretary and located on the land and recreation areas 
        described in subsections (b) and (c).
            ``(2) Funding.--Cleanup activities under paragraph (1) 
        shall be funded solely from funds made available for operation 
        and maintenance under the Pick-Sloan Missouri River Basin 
        program.
    ``(i) Inventory and Stabilization of Cultural and Historic Sites.--
            ``(1) In general.--Not later than 10 years after the date 
        of enactment of this subsection, the Secretary, in consultation 
        with the Cultural Resources Advisory Commission established 
        under section 605(k) and through contracts entered into with 
        the State of South Dakota, the affected Indian Tribes, and 
        other Indian Tribes in the States of North Dakota and South 
        Dakota, shall inventory and stabilize each cultural site and 
        historic site located on the land and recreation areas 
        described in subsections (b) and (c).
            ``(2) Funding.--Inventory and stabilization activities 
        under paragraph (1) shall be funded solely from funds made 
        available for operation and maintenance under the Pick-Sloan 
        Missouri River Basin program.
    ``(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) 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) is amended by 
striking subsection (a) and inserting the following:
    ``(a) Secretary.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Secretary for each fiscal year such sums as are 
        necessary--
                    ``(A) to pay the administrative expenses incurred 
                by the Secretary in carrying out this title;
                    ``(B) to fund the implementation of terrestrial 
                wildlife habitat restoration plans under section 
                602(a);
                    ``(C) to fund activities described in sections 
                603(d)(3) and 604(d)(3) with respect to land and 
                recreation areas transferred, or to be transferred, to 
                an affected Indian Tribe or the State of South Dakota 
                under section 605 or 606; and
                    ``(D) to fund the annual expenses (not to exceed 
                the Federal cost as of August 17, 1999) of operating 
                recreation areas transferred, or to be transferred, 
                under sections 605(c) and 606(c) to, or leased by, the 
                State of South Dakota or an affected Indian Tribe, 
                until such time as the trust funds under sections 603 
                and 604 are fully capitalized.
            ``(2) Allocations.--
                    ``(A) In general.--For each fiscal year, the 
                Secretary shall allocate the amounts made available 
                under subparagraphs (B), (C), and (D) of paragraph (1) 
                as follows:
                            ``(i) $1,000,000 (or, if a lesser amount is 
                        so made available for the fiscal year, the 
                        lesser amount) shall be allocated equally among 
                        the State of South Dakota, the 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) 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)), 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) is amended--
                    (A) in the section heading, by striking ``indian 
                tribes'' and inserting ``affected indian tribes'';
                    (B) in paragraphs (1) and (4) of subsection (a), by 
                striking ``the Indian Tribes'' each place it appears 
                and inserting ``the affected Indian Tribes'';
                    (C) in subsection (c)(2), by striking ``an Indian 
                Tribe'' and inserting ``any Indian Tribe'';
                    (D) in subsection (f)(2)(B)(i)--
                            (i) by striking ``the respective tribes'' 
                        and inserting ``the respective affected Indian 
                        Tribes''; and
                            (ii) by striking ``the respective Tribe's'' 
                        and inserting ``the respective affected Indian 
                        Tribe's''; and
                    (E) in subsection (g), by striking ``an Indian 
                Tribe'' and inserting ``any Indian Tribe''.
            (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. 508. 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 by 
redesignating paragraphs (2) and (3) as paragraphs (3) and (4), and 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 the Congress.--It is the Sense of the Congress that 
the Secretary of State should work with the Canadian Government to 
encourage and support the Provinces in the development and 
implementation of a mechanism and standard concerning the withdrawal 
and use of water from the Great Lakes Basin consistent with those 
mechanisms and standards developed by the Great Lakes States.

          TITLE VI--COMPREHENSIVE EVERGLADES RESTORATION PLAN

SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION PLAN.

    (a) Definitions.--In this section:
            (1) Central and southern florida project.--
                    (A) In general.--The term ``Central and Southern 
                Florida Project'' means the project for Central and 
                Southern Florida authorized under the heading ``central 
                and southern florida'' in section 203 of the Flood 
                Control Act of 1948 (62 Stat. 1176).
                    (B) Inclusion.--The term ``Central and Southern 
                Florida Project'' includes any modification to the 
                project authorized by this section or any other 
                provision of law.
            (2) Governor.--The term ``Governor'' means the Governor of 
        the State of Florida.
            (3) Natural system.--
                    (A) In general.--The term ``natural system'' means 
                all land and water managed by the Federal Government or 
                the State within the South Florida ecosystem.
                    (B) Inclusions.--The term ``natural system'' 
                includes--
                            (i) water conservation areas;
                            (ii) sovereign submerged land;
                            (iii) Everglades National Park;
                            (iv) Biscayne National Park;
                            (v) Big Cypress National Preserve;
                            (vi) other Federal or State (including a 
                        political subdivision of a State) land that is 
                        designated and managed for conservation 
                        purposes; and
                            (vii) any tribal land that is designated 
                        and managed for conservation purposes, as 
                        approved by the tribe.
            (4) Plan.--The term ``Plan'' means the Comprehensive 
        Everglades Restoration Plan contained in the ``Final Integrated 
        Feasibility Report and Programmatic Environmental Impact 
        Statement'', dated April 1, 1999, as modified by this section.
            (5) South florida ecosystem.--
                    (A) In general.--The term ``South Florida 
                ecosystem'' means the area consisting of the land and 
                water within the boundary of the South Florida Water 
                Management District in effect on July 1, 1999.
                    (B) Inclusions.--The term ``South Florida 
                ecosystem'' includes--
                            (i) the Everglades;
                            (ii) the Florida Keys; and
                            (iii) the contiguous near-shore coastal 
                        water of South Florida.
            (6) State.--The term ``State'' means the State of Florida.
    (b) Comprehensive Everglades Restoration Plan.--
            (1) Approval.--
                    (A) In general.--Except as modified by this 
                section, the Plan is approved as a framework for 
                modifications and 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.
                            (iii) L-31N Seepage Management, at a total 
                        cost of $10,000,000, with an estimated Federal 
                        cost of $5,000,000 and an estimated non-Federal 
                        cost of $5,000,000.
                            (iv) Wastewater Reuse Technology, at a 
                        total cost of $30,000,000, with an estimated 
                        Federal cost of $15,000,000 and an estimated 
                        non-Federal cost of $15,000,000.
                    (C) Initial projects.--The following projects are 
                authorized for implementation, after review and 
                approval by the Secretary, subject to the conditions 
                stated in subparagraph (D), at a total cost of 
                $1,100,918,000, with an estimated Federal cost of 
                $550,459,000 and an estimated non-Federal cost of 
                $550,459,000:
                            (i) C-44 Basin Storage Reservoir, at a 
                        total cost of $112,562,000, with an estimated 
                        Federal cost of $56,281,000 and an estimated 
                        non-Federal cost of $56,281,000.
                            (ii) Everglades Agricultural Area Storage 
                        Reservoirs--Phase I, at a total cost of 
                        $233,408,000, with an estimated Federal cost of 
                        $116,704,000 and an estimated non-Federal cost 
                        of $116,704,000.
                            (iii) Site 1 Impoundment, at a total cost 
                        of $38,535,000, with an estimated Federal cost 
                        of $19,267,500 and an estimated non-Federal 
                        cost of $19,267,500.
                            (iv) Water Conservation Areas 3A/3B Levee 
                        Seepage Management, at a total cost of 
                        $100,335,000, with an estimated Federal cost of 
                        $50,167,500 and an estimated non-Federal cost 
                        of $50,167,500.
                            (v) C-11 Impoundment and Stormwater 
                        Treatment Area, at a total cost of 
                        $124,837,000, with an estimated Federal cost of 
                        $62,418,500 and an estimated non-Federal cost 
                        of $62,418,500.
                            (vi) C-9 Impoundment and Stormwater 
                        Treatment Area, at a total cost of $89,146,000, 
                        with an estimated Federal cost of $44,573,000 
                        and an estimated non-Federal cost of 
                        $44,573,000.
                            (vii) Taylor Creek/Nubbin Slough Storage 
                        and Treatment Area, at a total cost of 
                        $104,027,000, with an estimated Federal cost of 
                        $52,013,500 and an estimated non-Federal cost 
                        of $52,013,500.
                            (viii) Raise and Bridge East Portion of 
                        Tamiami Trail and Fill Miami Canal within Water 
                        Conservation Area 3, at a total cost of 
                        $26,946,000, with an estimated Federal cost of 
                        $13,473,000 and an estimated non-Federal cost 
                        of $13,473,000.
                            (ix) North New River Improvements, at a 
                        total cost of $77,087,000, with an estimated 
                        Federal cost of $38,543,500 and an estimated 
                        non-Federal cost of $38,543,500.
                            (x) C-111 Spreader Canal, at a total cost 
                        of $94,035,000, with an estimated Federal cost 
                        of $47,017,500 and an estimated non-Federal 
                        cost of $47,017,500.
                            (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 a 
        project implementation report prepared in accordance with 
        subsections (f) and (h).
            (3) Funding.--
                    (A) Individual project funding.--
                            (i) Federal cost.--The total Federal cost 
                        of each project carried out under this 
                        subsection shall not exceed $12,500,000.
                            (ii) Overall cost.--The total cost of each 
                        project carried out under this subsection shall 
                        not exceed $25,000,000.
                    (B) Aggregate cost.--The total cost of all projects 
                carried out under this subsection shall not exceed 
                $206,000,000, with an estimated Federal cost of 
                $103,000,000 and an estimated non-Federal cost of 
                $103,000,000.
    (d) Authorization of Future Projects.--
            (1) In general.--Except for a project authorized by 
        subsection (b) or (c), any project included in the Plan shall 
        require a specific authorization by Congress.
            (2) Submission of report.--Before seeking congressional 
        authorization for a project under paragraph (1), the Secretary 
        shall submit to Congress--
                    (A) a description of the project; and
                    (B) a project implementation report for the project 
                prepared in accordance with subsections (f) and (h).
    (e) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of 
        carrying out a project authorized by subsection (b), (c), or 
        (d) shall be 50 percent.
            (2) Non-federal responsibilities.--The non-Federal sponsor 
        with respect to a project described in subsection (b), (c), or 
        (d), shall be--
                    (A) responsible for all land, easements, rights-of-
                way, and relocations necessary to implement the Plan; 
                and
                    (B) afforded credit toward the non-Federal share of 
                the cost of carrying out the project in accordance with 
                paragraph (5)(A).
            (3) Federal assistance.--
                    (A) In general.--The non-Federal sponsor with 
                respect to a project authorized by subsection (b), (c), 
                or (d) may use Federal funds for the purchase of any 
                land, easement, rights-of-way, or relocation that is 
                necessary to carry out the project if any funds so used 
                are credited toward the Federal share of the cost of 
                the project.
                    (B) Agriculture funds.--Funds provided to the non-
                Federal sponsor under the Conservation Restoration and 
                Enhancement Program (CREP) and the Wetlands Reserve 
                Program (WRP) for projects in the Plan shall be 
                credited toward the non-Federal share of the cost of 
                the Plan if the Secretary of Agriculture certifies that 
                the funds provided may be used for that purpose. Funds 
                to be credited do not include funds provided under 
                section 390 of the Federal Agriculture Improvement and 
                Reform Act of 1996 (110 Stat. 1022).
            (4) Operation and maintenance.--Notwithstanding section 
        528(e)(3) of the Water Resources Development Act of 1996 (110 
        Stat. 3770), the non-Federal sponsor shall be responsible for 
        50 percent of the cost of operation, maintenance, repair, 
        replacement, and rehabilitation activities authorized under 
        this section.
            (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--
                                    (I) the preconstruction engineering 
                                and design phase; and
                                    (II) the construction phase.
                    (E) Audits.--Credit for land (including land value 
                and incidental costs) or work provided under this 
                subsection shall be subject to audit by the Secretary.
    (f) Evaluation of Projects.--
            (1) In general.--Before implementation of a project 
        authorized by subsection (c) or (d) or any of clauses (i) 
        through (x) of subsection (b)(2)(C), the Secretary, in 
        cooperation with the non-Federal sponsor, shall, after notice 
        and opportunity for public comment and in accordance with 
        subsection (h), complete a project implementation report for 
        the project.
            (2) Project justification.--
                    (A) In general.--Notwithstanding section 209 of the 
                Flood Control Act of 1970 (42 U.S.C. 1962-2) or any 
                other provision of law, in carrying out any activity 
                authorized under this section or any other provision of 
                law to restore, preserve, or protect the South Florida 
                ecosystem, the Secretary may determine that--
                            (i) the activity is justified by the 
                        environmental benefits derived by the South 
                        Florida ecosystem; and
                            (ii) no further economic justification for 
                        the activity is required, if the Secretary 
                        determines that the activity is cost-effective.
                    (B) Applicability.--Subparagraph (A) shall not 
                apply to any separable element intended to produce 
                benefits that are predominantly unrelated to the 
                restoration, preservation, and protection of the 
                natural system.
    (g) Exclusions and Limitations.--The following Plan components are 
not approved for implementation:
            (1) Water included in the plan.--
                    (A) In general.--Any project that is designed to 
                implement the capture and use of the approximately 
                245,000 acre-feet of water described in section 7.7.2 
                of the Plan shall not be implemented until such time 
                as--
                            (i) the project-specific feasibility study 
                        described in subparagraph (B) on the need for 
                        and physical delivery of the approximately 
                        245,000 acre-feet of water, conducted by the 
                        Secretary, in cooperation with the non-Federal 
                        sponsor, is completed;
                            (ii) the project is favorably recommended 
                        in a final report of the Chief of Engineers; 
                        and
                            (iii) the project is authorized by Act of 
                        Congress.
                    (B) Project-specific feasibility study.--The 
                project-specific feasibility study referred to in 
                subparagraph (A) shall include--
                            (i) a comprehensive analysis of the 
                        structural facilities proposed to deliver the 
                        approximately 245,000 acre-feet of water to the 
                        natural system;
                            (ii) an assessment of the requirements to 
                        divert and treat the water;
                            (iii) an assessment of delivery 
                        alternatives;
                            (iv) an assessment of the feasibility of 
                        delivering the water downstream while 
                        maintaining current levels of flood protection 
                        to affected property; and
                            (v) any other assessments that are 
                        determined by the Secretary to be necessary to 
                        complete the study.
            (2) Wastewater reuse.--
                    (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 (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 receives 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--
                            (i) with the concurrence of--
                                    (I) the Governor; and
                                    (II) the Secretary of the Interior; 
                                and
                            (ii) in consultation with--
                                    (I) the Seminole Tribe of Florida;
                                    (II) the Miccosukee Tribe of 
                                Indians of Florida;
                                    (III) the Administrator of the 
                                Environmental Protection Agency;
                                    (IV) the Secretary of Commerce; and
                                    (V) 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.--Programmatic 
                regulations promulgated under this paragraph shall 
                establish a process--
                            (i) for the development of project 
                        implementation reports, project cooperation 
                        agreements, and operating manuals that ensure 
                        that the goals and objectives of the Plan are 
                        achieved;
                            (ii) to ensure that new information 
                        resulting from changed or unforeseen 
                        circumstances, new scientific or technical 
                        information or information that is developed 
                        through the principles of adaptive management 
                        contained in the Plan, or future authorized 
                        changes to the Plan are integrated into the 
                        implementation of the Plan; and
                            (iii) to ensure the protection of the 
                        natural system consistent with the goals and 
                        purposes of the Plan, including the 
                        establishment of interim goals to provide a 
                        means by which the restoration success of the 
                        Plan may be evaluated throughout the 
                        implementation process.
                    (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.);
                                    (IV) identify the appropriate 
                                quantity, timing, and distribution of 
                                water dedicated and managed for the 
                                natural system;
                                    (V) identify the amount of water to 
                                be reserved or allocated for the 
                                natural system necessary to implement, 
                                under State law, subclauses (IV) and 
                                (VI);
                                    (VI) comply with applicable water 
                                quality standards and applicable water 
                                quality permitting requirements under 
                                subsection (b)(2)(A)(ii);
                                    (VII) be based on the best 
                                available science; and
                                    (VIII) include an analysis 
                                concerning the cost-effectiveness and 
                                engineering feasibility of the project.
                    (B) Project cooperation agreements.--
                            (i) In general.--The Secretary and the non-
                        Federal sponsor shall execute project 
                        cooperation agreements in accordance with 
                        section 10 of the Plan.
                            (ii) Condition.--The Secretary shall not 
                        execute a project cooperation agreement until 
                        any reservation or allocation of water for the 
                        natural system identified in the project 
                        implementation report is executed under State 
                        law.
                    (C) Operating manuals.--
                            (i) In general.--The Secretary and the non-
                        Federal sponsor shall develop and issue, for 
                        each project or group of projects, an operating 
                        manual that is consistent with the water 
                        reservation or allocation for the natural 
                        system described in the project implementation 
                        report and the project cooperation agreement 
                        for the project or group of projects.
                            (ii) Modifications.--Any significant 
                        modification by the Secretary and the non-
                        Federal sponsor to an operating manual after 
                        the operating manual is issued shall only be 
                        carried out subject to notice and opportunity 
                        for public comment.
            (5) Savings clause.--
                    (A) No elimination or transfer.--Until a new source 
                of water supply of comparable quantity and quality as 
                that available on the date of enactment of this Act is 
                available to replace the water to be lost as a result 
                of implementation of the Plan, the Secretary and the 
                non-Federal sponsor shall not eliminate or transfer 
                existing legal sources of water, including those for--
                            (i) an agricultural or urban water supply;
                            (ii) allocation or entitlement to the 
                        Seminole Indian Tribe of Florida under section 
                        7 of the Seminole Indian Land Claims Settlement 
                        Act of 1987 (25 U.S.C. 1772e);
                            (iii) the Miccosukee Tribe of Indians of 
                        Florida;
                            (iv) water supply for Everglades National 
                        Park; or
                            (v) water supply for fish and wildlife.
                    (B) Maintenance of flood protection.--
                Implementation of the Plan shall not reduce levels of 
                service for flood protection that are--
                            (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.--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) 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 THE SENATE CONCERNING HOMESTEAD AIR FORCE BASE.

    (a) In General.--(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, the Senate 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) the Senate 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) the Senate 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 the Senate.--It is the sense of the Senate that--
            (1) development at the Homestead site could potentially 
        cause significant air, water, and noise pollution and result in 
        the degradation of adjacent national parks and other protected 
        Federal resources;
            (2) in their decisionmaking, the Federal agencies charged 
        with determining the reuse of the remaining property at the 
        Homestead base should carefully consider and weigh all 
        available information concerning potential environmental 
        impacts of various reuse options;
            (3) the redevelopment of the former base should be 
        consistent with restoration goals, provide desirable numbers of 
        jobs and economic redevelopment for the community, and be 
        consistent with other applicable laws;
            (4) consistent with applicable laws, the Secretary of the 
        Air Force should proceed as quickly as practicable to issue a 
        final SEIS and Record of Decision so that reuse of the former 
        air base can proceed expeditiously;
            (5) following conveyance of the remaining surplus property, 
        the Secretary, as part of his oversight for Everglades 
        restoration, should cooperate with the entities to which the 
        various parcels of surplus property were conveyed so that the 
        planned use of those properties is implemented in such a manner 
        as to remain consistent with the goals of the Everglades 
        restoration plan; and
            (6) by 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 PROTECTION AND IMPROVEMENT

SEC. 701. SHORT TITLE.

    This title shall be known 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;
            (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:
            (1) Pick-sloan program.--The term ``Pick-Sloan program'' 
        means the Pick-Sloan Missouri River Basin Program authorized by 
        section 9 of the Act of December 22, 1944 (58 Stat. 891, 
        chapter 665).
            (2) Plan.--The term ``plan'' means the plan for the use of 
        funds made available by this title that is required to be 
        prepared under section 705(e).
            (3) State.--The term ``State'' means the State of North 
        Dakota.
            (4) Task force.--The term ``Task Force'' means the North 
        Dakota Missouri River Task Force established by section 705(a).
            (5) Trust.--The term ``Trust'' means the North Dakota 
        Missouri River Trust established by section 704(a).

SEC. 704. MISSOURI RIVER TRUST.

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

SEC. 705. MISSOURI RIVER TASK FORCE.

    (a) Establishment.--There is established the Missouri River Task 
Force.
    (b) Membership.--The Task Force shall be composed of--
            (1) the Secretary (or a designee), who shall serve as 
        Chairperson;
            (2) the Secretary of Agriculture (or a designee);
            (3) the Secretary of Energy (or a designee);
            (4) the Secretary of the Interior (or a designee); and
            (5) the Trust.
    (c) Duties.--The Task Force shall--
            (1) meet at least twice each year;
            (2) vote on approval of the plan, with approval requiring 
        votes in favor of the plan by a majority of the members;
            (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--
                    (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--
                    (A) section 221 of the Flood Control Act of 1970 
                (42 U.S.C. 1962d-5b); and
                    (B) 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 under 
                subsection (d) 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 
                under subsection (e) 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 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 critical restoration 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 critical restoration 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 critical restoration project described 
                        in subparagraph (B), the non-Federal interest 
                        shall--
                                    (I) provide all land, easements, 
                                rights-of-way, dredged material 
                                disposal areas, and relocations;
                                    (II) pay all operation, 
                                maintenance, replacement, repair, and 
                                rehabilitation costs; and
                                    (III) hold the United States 
                                harmless from all claims arising from 
                                the construction, operation, and 
                                maintenance of the project.
                            (iii) Credit.--The non-Federal interest 
                        shall receive credit for all contributions 
                        provided under clause (ii)(I).

SEC. 706. ADMINISTRATION.

    (a) In General.--Nothing in this title diminishes or affects--
            (1) any water right of an Indian tribe;
            (2) any other right of an Indian tribe, except as 
        specifically provided in another provision of this title;
            (3) any treaty right that is in effect on the date of 
        enactment of this Act;
            (4) any external boundary of an Indian reservation of an 
        Indian tribe;
            (5) any authority of the State that relates to the 
        protection, regulation, or management of fish, terrestrial 
        wildlife, and cultural and archaeological resources, except as 
        specifically provided in this title; or
            (6) any authority of the Secretary, the Secretary of the 
        Interior, or the head of any other Federal agency under a law 
        in effect on the date of enactment of this Act, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.);
                    (C) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (D) the Act entitled ``An Act for the protection of 
                the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 
                et seq.);
                    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (F) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (G) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (H) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (I) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.); and
                    (J) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
    (b) Federal Liability for Damage.--Nothing in this title relieves 
the Federal Government of liability for damage to private property 
caused by the operation of the Pick-Sloan program.
    (c) Flood Control.--Notwithstanding any other provision of this 
title, the Secretary shall retain the authority to operate the Pick-
Sloan program for the purposes of meeting the requirements of the Act 
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et 
seq.).
    (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) Initial Funding.--There is authorized to be appropriated to the 
Secretary to carry out this title $4,000,000 for each of fiscal years 
2001 through 2004, to 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, in 
consultation with the Secretary of the Interior, to convey cabin sites 
at Fort Peck Lake, Montana, and to acquire land with greater wildlife 
and other public value for the Charles M. Russell National Wildlife 
Refuge, to--
            (1) better achieve the wildlife conservation purposes for 
        which the Refuge was established;
            (2) protect additional fish and wildlife habitat in and 
        adjacent to the Refuge;
            (3) enhance public opportunities for hunting, fishing, and 
        other wildlife-dependent activities;
            (4) improve management of the Refuge; and
            (5) reduce Federal expenditures associated with the 
        administration of cabin site leases.

SEC. 803. DEFINITIONS.

    In this title:
            (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 Army Corps of Engineers;
                            (ii) located in or near the eastern portion 
                        of Fort Peck Lake, Montana; and
                            (iii) leased for individual 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 access to the 
                        cabin site; and
                            (ii) the right to reconstruct, operate, and 
                        maintain an easement described in clause (i).
            (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, as determined by the 
                Secretary with the concurrence of the Secretary of the 
                Interior.
            (4) Lessee.--The term ``lessee'' means a person that is 
        leasing a cabin site.
            (5) Refuge.--The term ``Refuge'' means the Charles M. 
        Russell National Wildlife Refuge in 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 shall prohibit the 
        issuance of new cabin site leases within the Refuge, except as 
        is necessary to consolidate with, or substitute for, an 
        existing cabin lease site 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) with the concurrence of the Secretary of the 
                Interior, determine individual cabin sites that are not 
                suitable for conveyance to a lessee--
                            (i) because the sites are isolated so that 
                        conveyance of 1 or more of the sites would 
                        create an inholding that would impair 
                        management of the Refuge; or
                            (ii) for any other reason that adversely 
                        impacts the future habitability of the 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)(A) and the 
                portion of administrative costs that would be paid 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 
        another 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 shall--
            (1) determine whether any small parcel of land contiguous 
        to any cabin site (not including shoreline or land needed to 
        provide public access to the shoreline of Fort Peck Lake) 
        should be conveyed as part of the cabin site to--
                    (A) protect water quality;
                    (B) eliminate an inholding; or
                    (C) facilitate administration of the land remaining 
                in Federal ownership;
            (2) if the Secretary determines 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) with the concurrence of the Secretary of the Interior, 
        determine which covenants or deed restrictions, if any, should 
        be placed on a cabin site before conveyance out of Federal 
        ownership, including any covenant or deed restriction that is 
        required to comply with--
                    (A) the Act of May 18, 1938 (16 U.S.C. 833 et 
                seq.);
                    (B) laws (including regulations) applicable to 
                management of the Refuge; and
                    (C) any other laws (including regulations) for 
                which compliance is necessary to--
                            (i) ensure the maintenance of existing and 
                        adequate public access to and along Fort Peck 
                        Lake; and
                            (ii) limit future uses of a cabin site to--
                                    (I) noncommercial, single-family 
                                use; and
                                    (II) the type and intensity of use 
                                of the cabin site made on the date of 
                                enactment of this Act, as limited by 
                                terms of any lease applicable to the 
                                cabin site in effect on that date; 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 sites; and
                    (C) takes into consideration any covenant or other 
                restriction determined to be necessary under paragraph 
                (5) and subsection (h).
    (d) Consultation and Public Involvement.--The Secretary shall--
            (1) carry out subsections (b) and (c) in consultation 
        with--
                    (A) the Secretary of the Interior;
                    (B) affected lessees;
                    (C) affected counties in the State of Montana; and
                    (D) 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 shall convey a cabin site by individual patent or 
deed to the lessee under this title--
            (1) if each 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 for the cabin site from 
        the lessee in an amount equal to the appraised fair market 
        value of the cabin site as determined in accordance with 
        subsection (c)(6).
    (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--
                    (A) shall not construct any road for the sole 
                purpose of providing access to land sold 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 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 sold under this 
        section.
    (g) Utilities and Infrastructure.--
            (1) In general.--The purchaser of a cabin site shall be 
        responsible for the acquisition of all utilities and 
        infrastructure necessary to support the cabin site.
            (2) No federal assistance.--The Secretary shall not provide 
        any utilities or infrastructure to the cabin site.
    (h) Covenants and Deed Restrictions.--
            (1) In general.--Before conveying any cabin site under 
        subsection (e), the Secretary, in consultation with the 
        Secretary of the Interior, shall ensure that the title to the 
        cabin site includes such covenants and deed restrictions as are 
        determined, under subsection (c), to be necessary to make 
        binding on all subsequent purchasers of the cabin site any 
        other covenants or deed restrictions in the title to 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) 
shall not be conveyed by the Secretary 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 
        paragraphs (1) through (4) of section 802 and for which a 
        willing seller exists.
            (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 paragraphs (1) through (4) of section 802, the 
        Secretary of the Interior shall cooperate with the willing 
        seller to facilitate the acquisition of the property 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 site in accordance 
        with section 804(c)(6);
the Secretary shall convey the cabin site to the lessee, by individual 
patent or deed, on receipt of payment for the site from the lessee in 
an amount equal to the appraised fair market value of the cabin site as 
determined by the updated appraisal.
    (d) Covenants and Deed Restrictions.--Before conveying any cabin 
site under subsection (c), the Secretary, in consultation with the 
Secretary of the Interior, shall ensure that the title to the cabin 
site includes such covenants and deed restrictions as are determined, 
under section 804(c), to be necessary to make binding on all subsequent 
purchasers of the cabin site any other covenants or deed restrictions 
in the title to 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) 
shall not be conveyed by the Secretary 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 Act; and
            (2) identifies cabin owners that have filed a notice of 
        interest under section 804(b) and have declined an opportunity 
        to acquire a comparable cabin site under section 804(a)(3).

SEC. 806. CONVEYANCE TO THIRD PARTIES.

    (a) Conveyances to Third Parties.--As soon as practicable after the 
expiration or surrender of a lease, the Secretary, in consultation with 
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).
    (b) Covenants and Deed Restrictions.--Before conveying any cabin 
site under subsection (a), the Secretary shall ensure that the title to 
the cabin site includes such covenants and deed restrictions as are 
determined, under section 804(c), to be necessary to make binding on 
all subsequent purchasers of the cabin site any other covenants or deed 
restrictions contained in the title to the cabin site.
    (c) Conveyance to Association.--On the completion of all individual 
conveyances of cabin sites under this title (or at such prior time as 
the Secretary determines would be practicable based on the location of 
property to be conveyed), the Secretary shall convey to the Association 
all land within the outer boundaries of cabin site areas that are not 
conveyed to lessees under this title at fair market value based on an 
appraisal carried out in accordance with the Uniform Appraisal 
Standards for Federal Land Acquisition.

SEC. 807. USE OF PROCEEDS.

    (a) Proceeds.--All payments for the conveyance of cabin sites under 
this title, except costs collected by the Secretary under section 
808(b), shall be deposited in a special fund in the Treasury for use by 
the Secretary of the Interior, acting through the Director of the 
United States Fish and Wildlife Service and without further Act of 
appropriation, solely for the acquisition from willing sellers of 
property that--
            (1) is within or adjacent to the Refuge;
            (2) would be suitable to carry out the purposes of this Act 
        described in paragraphs (1) through (4) of section 802; and
            (3) 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) Limitation.--To the maximum extent practicable, acquisitions 
under this title shall be of land within the Refuge boundary.

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--
            (1) may require the party to whom the property is conveyed 
        to reimburse the Secretary for a reasonable portion, as 
        determined by the Secretary, of the administrative costs 
        (including survey costs), incurred in carrying out this title, 
        with such portion to be described in the notice provided to the 
        Association and lessees under section 804(a)(2); 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 Act.

SEC. 809. TERMINATION OF WILDLIFE DESIGNATION.

    None of the land conveyed under this title shall be designated, or 
shall remain designated as, part of the National Wildlife Refuge 
System.

SEC. 810. AUTHORIZATION OF APPROPRIATIONS.

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

                  TITLE IX--MISSOURI RIVER RESTORATION

SEC. 901. SHORT TITLE.

    This title shall be known 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;
                    (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:
            (1) Committee.--The term ``Committee'' means the Executive 
        Committee appointed under section 904(d).
            (2) Pick-sloan program.--The term ``Pick-Sloan program'' 
        means the Pick-Sloan Missouri River Basin Program authorized by 
        section 9 of the Act of December 22, 1944 (58 Stat. 891, 
        chapter 665).
            (3) 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).
            (4) State.--The term ``State'' means the State of South 
        Dakota.
            (5) Task force.--The term ``Task Force'' means the Missouri 
        River Task Force established by section 905(a).
            (6) Trust.--The term ``Trust'' means the Missouri River 
        Trust established by section 904(a).

SEC. 904. MISSOURI RIVER TRUST.

    (a) Establishment.--There is established a committee to be known as 
the Missouri River Trust.
    (b) Membership.--The Trust shall be composed of 25 members to be 
appointed by the Secretary, including--
            (1) 15 members recommended by the Governor of South Dakota 
        that--
                    (A) represent equally the various interests of the 
                public; and
                    (B) include representatives of--
                            (i) the South Dakota Department of 
                        Environment and Natural Resources;
                            (ii) the South Dakota Department of Game, 
                        Fish, and Parks;
                            (iii) environmental groups;
                            (iv) the hydroelectric power industry;
                            (v) local governments;
                            (vi) recreation user groups;
                            (vii) agricultural groups; and
                            (viii) other appropriate interests;
            (2) 9 members, 1 of each of whom shall be recommended by 
        each of the 9 Indian tribes in the State of South Dakota; and
            (3) 1 member recommended by the organization known as the 
        ``Three Affiliated Tribes of North Dakota'' (composed of the 
        Mandan, Hidatsa, and Arikara tribes).

SEC. 905. MISSOURI RIVER TASK FORCE.

    (a) Establishment.--There is established the Missouri River Task 
Force.
    (b) Membership.--The Task Force shall be composed of--
            (1) the Secretary (or a designee), who shall serve as 
        Chairperson;
            (2) the Secretary of Agriculture (or a designee);
            (3) the Secretary of Energy (or a designee);
            (4) the Secretary of the Interior (or a designee); and
            (5) the Trust.
    (c) Duties.--The Task Force shall--
            (1) meet at least twice each year;
            (2) vote on approval of the plan, with approval requiring 
        votes in favor of the plan by a majority of the members;
            (3) review projects to meet the goals of the plan; and
            (4) recommend to the Secretary critical projects for 
        implementation.
    (d) Assessment.--
            (1) In general.--Not later than 18 months after the date on 
        which funding authorized under this title becomes available, 
        the Secretary shall submit to the other members of the Task 
        Force a report on--
                    (A) the impact of the siltation of the Missouri 
                River in the State, including the impact on--
                            (i) the Federal, State, and regional 
                        economies;
                            (ii) recreation;
                            (iii) hydropower generation;
                            (iv) fish and wildlife; and
                            (v) flood control;
                    (B) the status of Indian and non-Indian historical 
                and cultural sites along the Missouri River;
                    (C) the extent of erosion along the Missouri River 
                (including tributaries of the Missouri River) in the 
                State; and
                    (D) other issues, as requested by the Task Force.
            (2) Consultation.--In preparing the report under paragraph 
        (1), the Secretary shall consult with--
                    (A) the Secretary of Energy;
                    (B) the Secretary of the Interior;
                    (C) the Secretary of Agriculture;
                    (D) the State; and
                    (E) Indian tribes in the State.
    (e) Plan for Use of Funds Made Available by This Title.--
            (1) In general.--Not later than 3 years after the date on 
        which funding authorized under this title becomes available, 
        the Task Force shall prepare a plan for the use of funds made 
        available under this title.
            (2) Contents of plan.--The plan shall provide for the 
        manner in which the Task Force shall develop and recommend 
        critical restoration projects to promote--
                    (A) conservation practices in the Missouri River 
                watershed;
                    (B) the general control and removal of sediment 
                from the Missouri River;
                    (C) the protection of recreation on the Missouri 
                River from sedimentation;
                    (D) the protection of Indian and non-Indian 
                historical and cultural sites along the Missouri River 
                from erosion;
                    (E) erosion control along the Missouri River; or
                    (F) any combination of the activities described in 
                subparagraphs (A) through (E).
            (3) Plan review and revision.--
                    (A) In general.--The Task Force shall make a copy 
                of the plan available for public review and comment 
                before the plan becomes final, in accordance with 
                procedures established by the Task Force.
                    (B) Revision of plan.--
                            (i) In general.--The Task Force may, on an 
                        annual basis, revise the plan.
                            (ii) Public review and comment.--In 
                        revising the plan, the Task Force shall provide 
                        the public the opportunity to review and 
                        comment on any proposed revision to the plan.
    (f) Critical Restoration Projects.--
            (1) In general.--After the plan is approved by the Task 
        Force under subsection (c)(2), the Secretary, in coordination 
        with the Task Force, shall identify critical restoration 
        projects to carry out the plan.
            (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--
                    (A) section 221 of the Flood Control Act of 1970 
                (42 U.S.C. 1962d-5b); and
                    (B) 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 under 
                subsection (d) 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 
                under subsection (e) 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 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 critical restoration 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 critical restoration 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 critical restoration project described 
                        in subparagraph (B), the non-Federal interest 
                        shall--
                                    (I) provide all land, easements, 
                                rights-of-way, dredged material 
                                disposal areas, and relocations;
                                    (II) pay all operation, 
                                maintenance, replacement, repair, and 
                                rehabilitation costs; and
                                    (III) hold the United States 
                                harmless from all claims arising from 
                                the construction, operation, and 
                                maintenance of the project.
                            (iii) Credit.--The non-Federal interest 
                        shall receive credit for all contributions 
                        provided under clause (ii)(I).

SEC. 906. ADMINISTRATION.

    (a) In General.--Nothing in this title diminishes or affects--
            (1) any water right of an Indian tribe;
            (2) any other right of an Indian tribe, except as 
        specifically provided in another provision of this title;
            (3) any treaty right that is in effect on the date of 
        enactment of this Act;
            (4) any external boundary of an Indian reservation of an 
        Indian tribe;
            (5) any authority of the State that relates to the 
        protection, regulation, or management of fish, terrestrial 
        wildlife, and cultural and archaeological resources, except as 
        specifically provided in this title; or
            (6) any authority of the Secretary, the Secretary of the 
        Interior, or the head of any other Federal agency under a law 
        in effect on the date of enactment of this Act, including--
                    (A) the National Historic Preservation Act (16 
                U.S.C. 470 et seq.);
                    (B) the Archaeological Resources Protection Act of 
                1979 (16 U.S.C. 470aa et seq.);
                    (C) the Fish and Wildlife Coordination Act (16 
                U.S.C. 661 et seq.);
                    (D) the Act entitled ``An Act for the protection of 
                the bald eagle'', approved June 8, 1940 (16 U.S.C. 668 
                et seq.);
                    (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et 
                seq.);
                    (F) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (G) the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001 et seq.);
                    (H) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (I) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.); and
                    (J) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.).
    (b) Federal Liability for Damage.--Nothing in this title relieves 
the Federal Government of liability for damage to private property 
caused by the operation of the Pick-Sloan program.
    (c) Flood Control.--Notwithstanding any other provision of this 
title, the Secretary shall retain the authority to operate the Pick-
Sloan program for the purposes of meeting the requirements of the Act 
of December 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et 
seq.).
    (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) Initial Funding.--There is authorized to be appropriated to the 
Secretary to carry out this title $4,000,000 for each of fiscal years 
2001 through 2010, to 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.

            Passed the Senate September 25 (legislative day, September 
      22), 2000.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                                S. 2796

_______________________________________________________________________

                                 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.
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