In the House of Representatives, U. S.,

October 19, 2000.

Resolved, That the bill from the Senate (S. 2796) entitled ‘‘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’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

3 ‘‘Water Resources Development Act of 2000’’.

4 (b) TABLE OF CONTENTS.—

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorization.

Sec. 102. Small projects for flood damage reduction.

Sec. 103. Small project for bank stabilization.

Sec. 104. Small projects for navigation.

Sec. 105. Small project for improvement of the quality of the environment.

Sec. 106. Small projects for aquatic ecosystem restoration.

Sec. 107. Small project for shoreline protection.

Sec. 108. Small project for snagging and sediment removal.

Sec. 109. Petaluma River, Petaluma, California.

TITLE II—GENERAL PROVISIONS

Sec. 201. Cost sharing of certain flood damage reduction projects.

Sec. 202. Harbor cost sharing.
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Sec. 203. Nonprofit entities.

Sec. 204. Rehabilitation of Federal flood control levees.

Sec. 205. Flood mitigation and riverine restoration program.

Sec. 206. Tribal partnership program.

Sec. 207. Native American reburial and transfer authority.

Sec. 208. Ability to pay.

Sec. 209. Interagency and international support authority.

Sec. 210. Property protection program.

Sec. 211. Engineering consulting services.

Sec. 212. Beach recreation.

Sec. 213. Performance of specialized or technical services.

Sec. 214. Design-build contracting.

Sec. 215. Independent review pilot program.

Sec. 216. Enhanced public participation.

Sec. 217. Monitoring.

Sec. 218. Reconnaissance studies.

Sec. 219. Fish and wildlife mitigation.

Sec. 220. Wetlands mitigation.

Sec. 221. Credit toward non-Federal share of navigation projects.

Sec. 222. Maximum program expenditures for small flood control projects.

Sec. 223. Feasibility studies and planning, engineering, and design.

Sec. 224. Administrative costs of land conveyances.

Sec. 225. Dam safety.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Nogales Wash and Tributaries, Nogales, Arizona.

Sec. 302. John Paul Hammerschmidt Visitor Center, Fort Smith, Arkansas.

Sec. 303. Greers Ferry Lake, Arkansas.

Sec. 304. Ten- and Fifteen-Mile Bayous, Arkansas.

Sec. 305. Cache Creek basin, California.

Sec. 306. Larkspur Ferry Channel, Larkspur, California.

Sec. 307. Norco Bluffs, Riverside County, California.

Sec. 308. Sacramento deep water ship channel, California.

Sec. 309. Sacramento River, Glenn-Colusa, California.

Sec. 310. Upper Guadalupe River, California.

Sec. 311. Brevard County, Florida.

Sec. 312. Fernandina Harbor, Florida.

Sec. 313. Tampa Harbor, Florida.

Sec. 314. East Saint Louis and vicinity, Illinois.

Sec. 315. Kaskaskia River, Kaskaskia, Illinois.

Sec. 316. Waukegan Harbor, Illinois.

Sec. 317. Cumberland, Kentucky.

Sec. 318. Lock and Dam 10, Kentucky River, Kentucky.

Sec. 319. Saint Joseph River, South Bend, Indiana.

Sec. 320. Mayfield Creek and tributaries, Kentucky.

Sec. 321. Amite River and tributaries, East Baton Rouge Parish, Louisiana.

Sec. 322. Atchafalaya Basin Floodway System, Louisiana.

Sec. 323. Atchafalaya River, Bayous Chene, Boeuf, and Black Louisiana.

Sec. 324. Red River Waterway, Louisiana.

Sec. 325. Thomaston Harbor, Georges River, Maine.

Sec. 326. Breckenridge, Minnesota.

Sec. 327. Duluth Harbor, Minnesota.

Sec. 328. Little Falls, Minnesota.

Sec. 329. Poplar Island, Maryland.
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Sec. 330. New York Harbor and adjacent channels, Port Jersey, New Jersey.

Sec. 331. Passaic River basin flood management, New Jersey.

Sec. 332. Times Beach nature preserve, Buffalo, New York.

Sec. 333. Garrison Dam, North Dakota.

Sec. 334. Duck Creek, Ohio.

Sec. 335. Astoria, Columbia River, Oregon.

Sec. 336. Nonconnah Creek, Tennessee and Mississippi.

Sec. 337. Bowie County levee, Texas.

Sec. 338. San Antonio Channel, San Antonio, Texas.

Sec. 339. Buchanan and Dickenson Counties, Virginia.

Sec. 340. Buchanan, Dickenson, and Russell Counties, Virginia.

Sec. 341. Sandbridge Beach, Virginia Beach, Virginia.

Sec. 342. Wallops Island, Virginia.

Sec. 343. Columbia River, Washington.

Sec. 344. Mount St. Helens sediment control, Washington.

Sec. 345. Renton, Washington.

Sec. 346. Greenbrier Basin, West Virginia.

Sec. 347. Lower Mud River, Milton, West Virginia.

Sec. 348. Water quality projects.

Sec. 349. Project reauthorizations.

Sec. 350. Continuation of project authorizations.

Sec. 351. Declaration of nonnavigability for Lake Erie, New York.

Sec. 352. Project deauthorizations.

Sec. 353. Wyoming Valley, Pennsylvania.

Sec. 354. Rehoboth Beach and Dewey Beach, Delaware.

TITLE IV—STUDIES

Sec. 401. Studies of completed projects.

Sec. 402. Watershed and river basin assessments.

Sec. 403. Lower Mississippi River resource assessment.

Sec. 404. Upper Mississippi River basin sediment and nutrient study.

Sec. 405. Upper Mississippi River comprehensive plan.

Sec. 406. Ohio River System.

Sec. 407. Eastern Arkansas.

Sec. 408. Russell, Arkansas.

Sec. 409. Estudillo Canal, San Leandro, California.

Sec. 410. Laguna Creek, Fremont, California.

Sec. 411. Lake Merritt, Oakland, California.

Sec. 412. Lancaster, California.

Sec. 413. Napa County, California.

Sec. 414. Oceanside, California.

Sec. 415. Suisun Marsh, California.

Sec. 416. Lake Allatoona Watershed, Georgia.

Sec. 417. Chicago River, Chicago, Illinois.

Sec. 418. Chicago sanitary and ship canal system, Chicago, Illinois.

Sec. 419. Long Lake, Indiana.

Sec. 420. Brush and Rock Creeks, Mission Hills and Fairway, Kansas.

Sec. 421. Coastal areas of Louisiana.

Sec. 422. Iberia Port, Louisiana.

Sec. 423. Lake Pontchartrain seawall, Louisiana.

Sec. 424. Lower Atchafalaya basin, Louisiana.

Sec. 425. St. John the Baptist Parish, Louisiana.

Sec. 426. Las Vegas Valley, Nevada.

Sec. 427. Southwest Valley, Albuquerque, New Mexico.
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Sec. 428. Buffalo Harbor, Buffalo, New York.

Sec. 429. Hudson River, Manhattan, New York.

Sec. 430. Jamesville Reservoir, Onondaga County, New York.

Sec. 431. Steubenviille, Ohio.

Sec. 432. Grand Lake, Oklahoma.

Sec. 433. Columbia Slough, Oregon.

Sec. 434. Reedy River, Greenville, South Carolina.

Sec. 435. Germantown, Tennessee.

Sec. 436. Park City, Utah.

Sec. 437. Milwaukee, Wisconsin.

Sec. 438. Upper Des Plaines River and tributaries, Illinois and Wisconsin.

Sec. 439. Delaware River watershed.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Bridgeport, Alabama.

Sec. 502. Duck River, Cullman, Alabama.

Sec. 503. Seward, Alaska.

Sec. 504. Augusta and Devalls Bluff, Arkansas.

Sec. 505. Beaver Lake, Arkansas.

Sec. 506. McClellan-Kerr Arkansas River navigation system, Arkansas and Oklahoma.

Sec. 507. Calfed Bay Delta program assistance, California.

Sec. 508. Clear Lake basin, California.

Sec. 509. Contra Costa Canal, Oakley and Knightsen, California.

Sec. 510. Huntington Beach, California.

Sec. 511. Mallard Slough, Pittsburg, California.

Sec. 512. Penn Mine, Calaveras County, California.

Sec. 513. Port of San Francisco, California.

Sec. 514. San Gabriel basin, California.

Sec. 515. Stockton, California.

Sec. 516. Port Everglades, Florida.

Sec. 517. Florida Keys water quality improvements.

Sec. 518. Ballard’s Island, La Salle County, Illinois.

Sec. 519. Lake Michigan Diversion, Illinois.

Sec. 520. Koontz Lake, Indiana.

Sec. 521. Campbellsville Lake, Kentucky.

Sec. 522. West View Shores, Cecil County, Maryland.

Sec. 523. Conservation of fish and wildlife, Chesapeake Bay, Maryland and Virginia.

Sec. 524. Muddy River, Brookline and Boston, Massachusetts.

Sec. 525. Soo Locks, Sault Ste. Marie, Michigan.

Sec. 526. Duluth, Minnesota, alternative technology project.

Sec. 527. Minneapolis, Minnesota.

Sec. 528. St. Louis County, Minnesota.

Sec. 529. Wild Rice River, Minnesota.

Sec. 530. Coastal Mississippi wetlands restoration projects.

Sec. 531. Missouri River Valley improvements.

Sec. 532. New Madrid County, Missouri.

Sec. 533. Pemiscot County, Missouri.

Sec. 534. Las Vegas, Nevada.

Sec. 535. Newark, New Jersey.

Sec. 536. Urbanized peak flood management research, New Jersey.

Sec. 537. Black Rock Canal, Buffalo, New York.

Sec. 538. Hamburg, New York.
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Sec. 539. Nepperhan River, Yonkers, New York.

Sec. 540. Rochester, New York.

Sec. 541. Upper Mohawk River basin, New York.

Sec. 542. Eastern North Carolina flood protection.

Sec. 543. Cuyahoga River, Ohio.

Sec. 544. Crowder Point, Crowder, Oklahoma.

Sec. 545. Oklahoma-tribal commission.

Sec. 546. Columbia River, Oregon and Washington.

Sec. 547. John Day Pool, Oregon and Washington.

Sec. 548. Lower Columbia River and Tillamook Bay estuary program, Oregon

and Washington.

Sec. 549. Skinner Butte Park, Eugene, Oregon.

Sec. 550. Willamette River basin, Oregon.

Sec. 551. Lackawanna River, Pennsylvania.

Sec. 552. Philadelphia, Pennsylvania.

Sec. 553. Access improvements, Raystown Lake, Pennsylvania.

Sec. 554. Upper Susquehanna River basin, Pennsylvania and New York.

Sec. 555. Chickamauga Lock, Chattanooga, Tennessee.

Sec. 556. Joe Pool Lake, Texas.

Sec. 557. Benson Beach, Fort Canby State Park, Washington.

Sec. 558. Puget Sound and adjacent waters restoration, Washington.

Sec. 559. Shoalwater Bay Indian Tribe, Willapa Bay, Washington.

Sec. 560. Wynoochee Lake, Wynoochee River, Washington.

Sec. 561. Snohomish River, Washington.

Sec. 562. Bluestone, West Virginia.

Sec. 563. Lesage/Greenbottom Swamp, West Virginia.

Sec. 564. Tug Fork River, West Virginia.

Sec. 565. Virginia Point Riverfront Park, West Virginia.

Sec. 566. Southern West Virginia.

Sec. 567. Fox River system, Wisconsin.

Sec. 568. Surfside/Sunset and Newport Beach, California.

Sec. 569. Illinois River basin restoration.

Sec. 570. Great Lakes.

Sec. 571. Great Lakes remedial action plans and sediment remediation.

Sec. 572. Great Lakes dredging levels adjustment.

Sec. 573. Dredged material recyling.

Sec. 574. Watershed management, restoration, and development.

Sec. 575. Maintenance of navigation channels.

Sec. 576. Support of Army civil works program.

Sec. 577. National recreation reservation service.

Sec. 578. Hydrographic survey.

Sec. 579. Lakes program.

Sec. 580. Perchlorate.

Sec. 581. Abandoned and inactive noncoal mine restoration.

Sec. 582. Release of use restriction.

Sec. 583. Comprehensive environmental resources protection.

Sec. 584. Modification of authorizations for environmental projects.

Sec. 585. Land transfers.

Sec. 586. Bruce F. Vento Unit of the Boundary Waters Canoe Area Wilderness,

Minnesota.

Sec. 587. Waurika Lake, Oklahoma.

Sec. 588. Columbia River Treaty fishing access.

Sec. 589. Devils Lake, North Dakota.
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TITLE VI—COMPREHENSIVE EVERGLADES RESTORATION

Sec. 601. Comprehensive Everglades restoration plan.

Sec. 602. Sense of Congress concerning Homestead Air Force Base.

TITLE VIII—MISSOURI RIVER RESTORATION

Sec. 701. Definitions.

Sec. 702. Missouri River Trust.

Sec. 703. Missouri River Task Force.

Sec. 704. Administration.

Sec. 705. Authorization of appropriations.

1 SEC. 2. DEFINITION OF SECRETARY.

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

3 of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATION.

7 (a) PROJECTS WITH CHIEF’S REPORTS.—The fol8 lowing projects for water resources development and con9 servation and other purposes are authorized to be carried

10 out by the Secretary substantially in accordance with the

11 plans, and subject to the conditions, described in the respec12 tive reports designated in this subsection:

13 (1) BARNEGAT INLET TO LITTLE EGG INLET,

14 NEW JERSEY.—The project for hurricane and storm

15 damage reduction, Barnegat Inlet to Little Egg Inlet,

16 New Jersey: Report of the Chief of Engineers dated

17 July 26, 2000, at a total cost of $51,203,000, with an

18 estimated Federal cost of $33,282,000 and an esti19 mated non-Federal cost of $17,921,000.
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1 (2) PORT OF NEW YORK AND NEW JERSEY, NEW

2 YORK AND NEW JERSEY.—

3 (A) IN GENERAL.—The project for naviga4 tion, Port of New York and New Jersey, New

5 York and New Jersey: Report of the Chief of En6 gineers dated May 2, 2000, at a total cost of

7 $1,781,235,000, with an estimated Federal cost

8 of $738,631,000 and an estimated non-Federal

9 cost of $1,042,604,000.

10 (B) CREDIT.—The Secretary may provide

11 the non-Federal interests credit toward cash con12 tributions required—

13 (i) before, during, and after construc14 tion for planning, engineering and design,

15 and construction management work that is

16 performed by the non-Federal interests and

17 that the Secretary determines is necessary

18 to implement the project; and

19 (ii) during and after construction for

20 the costs of the construction that the non21 Federal interests carry out on behalf of the

22 Secretary and that the Secretary determines

23 is necessary to implement the project.

24 (b) PROJECTS SUBJECT TO FINAL REPORT.—The fol25 lowing projects for water resources development and con-
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1 servation and other purposes are authorized to be carried

2 out by the Secretary substantially in accordance with the

3 plans, and subject the conditions, recommended in a final

4 report of the Chief of Engineers if a favorable report of the

5 Chief is completed not later than December 31, 2000:

6 (1) FALSE PASS HARBOR, ALASKA.—The project

7 for navigation, False Pass Harbor, Alaska, at a total

8 cost of $15,164,000, with an estimated Federal cost of

9 $8,238,000 and an estimated non-Federal cost of

10 $6,926,000.

11 (2) UNALASKA HARBOR, ALASKA.—The project

12 for navigation, Unalska Harbor, Alaska, at a total

13 cost of $20,000,000, with an estimated Federal cost of

14 $12,000,000 and an estimated non-Federal cost of

15 $8,000,000.

16 (3) RIO DE FLAG, FLAGSTAFF, ARIZONA.—The

17 project for flood damage reduction, Rio de Flag, Flag18 staff, Arizona, at a total cost of $24,072,000, with an

19 estimated Federal cost of $15,576,000 and an esti20 mated non-Federal cost of $8,496,000.

21 (4) TRES RIOS, ARIZONA.—The project ecosystem

22 restoration, Tres Rios, Arizona, at a total cost of

23 $99,320,000, with an estimated Federal cost of

24 $62,755,000 and an estimated non-Federal cost of

25 $36,565,000.
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1 (5) LOS ANGELES HARBOR, CALIFORNIA.—The

2 project for navigation, Los Angeles Harbor, Cali3 fornia, at a total cost of $153,313,000, with an esti4 mated Federal cost of $43,735,000 and an estimated

5 non-Federal cost of $109,578,000.

6 (6) MURRIETTA CREEK, CALIFORNIA.—The

7 project for flood damage reduction and ecosystem res8 toration, Murrietta Creek, California, described as al9 ternative 6, based on the District Engineer’s

10 Murrietta Creek feasibility report and environmental

11 impact statement dated October 2000, at a total cost

12 of $89,850,000, with an estimated Federal cost of

13 $57,735,000 and an estimated non-Federal cost of

14 $32,115,000. The locally preferred plan described as

15 alternative 6 shall be treated as a final favorable re16 port of the Chief Engineer’s for purposes of this sub17 section.

18 (7) SANTA BARBARA STREAMS, LOWER MISSION

19 CREEK, CALIFORNIA.—The project for flood damage

20 reduction, Santa Barbara streams, Lower Mission

21 Creek, California, at a total cost of $18,300,000, with

22 an estimated Federal cost of $9,200,000 and an esti23 mated non-Federal cost of $9,100,000.

24 (8) UPPER NEWPORT BAY, CALIFORNIA.—The

25 project for ecosystem restoration, Upper Newport Bay,
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1 California, at a total cost of $32,475,000, with an es2 timated Federal cost of $21,109,000 and an estimated

3 non-Federal cost of $11,366,000.

4 (9) WHITEWATER RIVER BASIN, CALIFORNIA.—

5 The project for flood damage reduction, Whitewater

6 River basin, California, at a total cost of $27,570,000,

7 with an estimated Federal cost of $17,920,000 and an

8 estimated non-Federal cost of $9,650,000.

9 (10) DELAWARE COAST FROM CAPE HENLOPEN

10 TO FENWICK ISLAND.—The project for hurricane and

11 storm damage reduction, Delaware Coast from Cape

12 Henlopen to Fenwick Island, at a total cost of

13 $5,633,000, with an estimated Federal cost of

14 $3,661,000 and an estimated non-Federal cost of

15 $1,972,000.

16 (11) PORT SUTTON, FLORIDA.—The project for

17 navigation, Port Sutton, Florida, at a total cost of

18 $6,000,000, with an estimated Federal cost of

19 $4,000,000 and an estimated non-Federal cost of

20 $2,000,000.

21 (12) BARBERS POINT HARBOR, HAWAII.—The

22 project for navigation, Barbers Point Harbor, Ha23 waii, at a total cost of $30,003,000, with an esti24 mated Federal cost of $18,524,000 and an estimated

25 non-Federal cost of $11,479,000.
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1 (13) JOHN MYERS LOCK AND DAM, INDIANA AND

2 KENTUCKY.—The project for navigation, John Myers

3 Lock and Dam, Indiana and Kentucky, at a total

4 cost of $182,000,000. The costs of construction of the

project shall be paid 1 5 ⁄2 from amounts appropriated

from the general fund of the Treasury and 1 6 ⁄2 from

7 amounts appropriated from the Inland Waterways

8 Trust Fund.

9 (14) GREENUP LOCK AND DAM, KENTUCKY AND

10 OHIO.—The project for navigation, Greenup Lock and

11 Dam, Kentucky and Ohio, at a total cost of

12 $175,000,000. The costs of construction of the project

shall be paid 1 13 ⁄2 from amounts appropriated from the

general fund of the Treasury and 1 14 ⁄2 from amounts

15 appropriated from the Inland Waterways Trust

16 Fund.

17 (15) OHIO RIVER MAINSTEM, KENTUCKY, ILLI18 NOIS, INDIANA, OHIO, PENNSYLVANIA, AND WEST VIR19 GINIA.—Projects for ecosystem restoration, Ohio River

20 Mainstem, Kentucky, Illinois, Indiana, Ohio, Penn21 sylvania, and West Virginia, at a total cost of

22 $307,700,000, with an estimated Federal cost of

23 $200,000,000 and an estimated non-Federal cost of

24 $107,700,000.
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1 (16) MONARCH-CHESTERFIELD, MISSOURI.—The

2 project for flood damage reduction, Monarch-Chester3 field, Missouri, at a total cost of $67,700,000, with an

4 estimated Federal cost of $44,000,000 and an esti5 mated non-Federal cost of $23,700,000.

6 (17) ANTELOPE CREEK, LINCOLN, NEBRASKA.—

7 The project for flood damage reduction, Antelope

8 Creek, Lincoln, Nebraska, at a total cost of

9 $49,788,000, with an estimated Federal cost of

10 $24,894,000 and an estimated non-Federal cost of

11 $24,894,000.

12 (18) SAND CREEK WATERSHED, WAHOO, NE13 BRASKA.—The project for ecosystem restoration and

14 flood damage reduction, Sand Creek watershed,

15 Wahoo, Nebraska, at a total cost of $29,212,000, with

16 an estimated Federal cost of $17,586,000 and an esti17 mated non-Federal cost of $11,626,000.

18 (19) WESTERN SARPY AND CLEAR CREEK, NE19 BRASKA.—The project for flood damage reduction,

20 Western Sarpy and Clear Creek, Nebraska, at a total

21 cost of $20,600,000, with an estimated Federal cost of

22 $13,390,000 and an estimated non-Federal cost of

23 $7,210,000.

24 (20) RARITAN BAY AND SANDY HOOK BAY,

25 CLIFFWOOD BEACH, NEW JERSEY.—The project for
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1 hurricane and storm damage reduction, Raritan Bay

2 and Sandy Hook Bay, Cliffwood Beach, New Jersey,

3 at a total cost of $5,219,000, with an estimated Fed4 eral cost of $3,392,000 and an estimated non-Federal

5 cost of $1,827,000.

6 (21) RARITAN BAY AND SANDY HOOK BAY, PORT

7 MONMOUTH, NEW JERSEY.—The project for hurricane

8 and storm damage reduction, Raritan Bay and

9 Sandy Hook Bay, Port Monmouth, New Jersey, at a

10 total cost of $32,064,000, with an estimated Federal

11 cost of $20,842,000 and an estimated non-Federal cost

12 of $11,222,000.

13 (22) DARE COUNTY BEACHES, NORTH CARO14 LINA.—The project for hurricane and storm damage

15 reduction, Dare County beaches, North Carolina, at a

16 total cost of $69,518,000, with an estimated Federal

17 cost of $49,846,000 and an estimated non-Federal cost

18 of $19,672,000.

19 (23) WOLF RIVER, TENNESSEE.—The project for

20 ecosystem restoration, Wolf River, Tennessee, at a

21 total cost of $10,933,000, with an estimated Federal

22 cost of $7,106,000 and an estimated non-Federal cost

23 of $3,827,000.

24 (24) DUWAMISH/GREEN, WASHINGTON.—The

25 project for ecosystem restoration, Duwamish/Green,
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1 Washington, at a total cost of $115,879,000, with an

2 estimated Federal cost of $75,322,000 and an esti3 mated non-Federal cost of $40,557,000.

4 (25) STILLAGUMAISH RIVER BASIN, WASH5 INGTON.—The project for ecosystem restoration,

6 Stillagumaish River basin, Washington, at a total

7 cost of $24,223,000, with an estimated Federal cost of

8 $16,097,000 and an estimated non-Federal cost of

9 $8,126,000.

10 (26) JACKSON HOLE, WYOMING.—The project for

11 ecosystem restoration, Jackson Hole, Wyoming, at a

12 total cost of $52,242,000, with an estimated Federal

13 cost of $33,957,000 and an estimated non-Federal cost

14 of $18,285,000.

15 SEC. 102. SMALL PROJECTS FOR FLOOD DAMAGE REDUC16 TION.

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

18 study for each of the following projects and, if the Secretary

19 determines that a project is feasible, may carry out the

20 project under section 205 of the Flood Control Act of 1948

21 (33 U.S.C. 701s):

22 (1) BUFFALO ISLAND, ARKANSAS.—Project for

23 flood damage reduction, Buffalo Island, Arkansas.
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1 (2) ANAVERDE CREEK, PALMDALE, CALI2 FORNIA.—Project for flood damage reduction,

3 Anaverde Creek, Palmdale, California.

4 (3) CASTAIC CREEK, OLD ROAD BRIDGE, SANTA

5 CLARITA, CALIFORNIA.—Project for flood damage re6 duction, Castaic Creek, Old Road bridge, Santa

7 Clarita, California.

8 (4) SANTA CLARA RIVER, OLD ROAD BRIDGE,

9 SANTA CLARITA, CALIFORNIA.—Project for flood dam10 age reduction, Santa Clara River, Old Road bridge,

11 Santa Clarita, California.

12 (5) COLUMBIA LEVEE, COLUMBIA, ILLINOIS.—

13 Project for flood damage reduction, Columbia Levee,

14 Columbia, Illinois.

15 (6) EAST-WEST CREEK, RIVERTON, ILLINOIS.—

16 Project for flood damage reduction, East-West Creek,

17 Riverton, Illinois.

18 (7) PRAIRIE DU PONT, ILLINOIS.—Project for

19 flood damage reduction, Prairie Du Pont, Illinois.

20 (8) MONROE COUNTY, ILLINOIS.—Project for

21 flood damage reduction, Monroe County, Illinois.

22 (9) WILLOW CREEK, MEREDOSIA, ILLINOIS.—

23 Project for flood damage reduction, Willow Creek,

24 Meredosia, Illinois.
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1 (10) DYKES BRANCH CHANNEL, LEAWOOD, KAN2 SAS.—Project for flood damage reduction, Dykes

3 Branch channel improvements, Leawood, Kansas.

4 (11) DYKES BRANCH TRIBUTARIES, LEAWOOD,

5 KANSAS.—Project for flood damage reduction, Dykes

6 Branch tributary improvements, Leawood, Kansas.

7 (12) KENTUCKY RIVER, FRANKFORT, KEN8 TUCKY.—Project for flood damage reduction, Ken9 tucky River, Frankfort, Kentucky.

10 (13) LAKES MAUREPAS AND PONTCHARTRAIN CA11 NALS, ST. JOHN THE BAPTIST PARISH, LOUISIANA.—

12 Project for flood damage reduction, Lakes Maurepas

13 and Pontchartrain Canals, St. John the Baptist Par14 ish, Louisiana.

15 (14) PENNSVILLE TOWNSHIP, SALEM COUNTY,

16 NEW JERSEY.—The project for flood damage reduc17 tion, Pennsville Township, Salem County, New Jer18 sey.

19 (15) HEMPSTEAD, NEW YORK.—Project for flood

20 damage reduction, Hempstead, New York.

21 (16) HIGHLAND BROOK, HIGHLAND FALLS, NEW

22 YORK.—Project for flood damage reduction, Highland

23 Brook, Highland Falls, New York.

24 (17) LAFAYETTE TOWNSHIP, OHIO.—Project for

25 flood damage reduction, Lafayette Township, Ohio.
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1 (18) WEST LAFAYETTE, OHIO.—Project for flood

2 damage reduction, West LaFayette, Ohio.

3 (19) BEAR CREEK AND TRIBUTARIES, MEDFORD,

4 OREGON.—Project for flood damage reduction, Bear

5 Creek and tributaries, Medford, Oregon.

6 (20) DELAWARE CANAL AND BROCK CREEK,

7 YARDLEY BOROUGH, PENNSYLVANIA.—Project for flood

8 damage reduction, Delaware Canal and Brock Creek,

9 Yardley Borough, Pennsylvania.

10 (21) FIRST CREEK, FOUNTAIN CITY, KNOXVILLE,

11 TENNESSEE.—Project for flood damage reduction,

12 First Creek, Fountain City, Knoxville, Tennessee.

13 (22) MISSISSIPPI RIVER, RIDGELY, TEN14 NESSEE.—Project for flood damage reduction, Mis15 sissippi River, Ridgely, Tennessee.

16 (b) MAGPIE CREEK, SACRAMENTO COUNTY, CALI17 FORNIA.—In formulating the project for Magpie Creek,

18 California, authorized by section 102(a)(4) of the Water Re19 sources Development Act of 1999 (113 Stat. 281) to be car20 ried out under section 205 of the Flood Control Act of 1948

21 (33 U.S.C. 701s), the Secretary shall consider benefits from

22 the full utilization of existing improvements at McClellan

23 Air Force Base that would result from the project after con24 version of the base to civilian use.
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1 SEC. 103. SMALL PROJECTS FOR BANK STABILIZATION.

2 The Secretary shall conduct a study for each of the

3 following projects and, if the Secretary determines that a

4 project is feasible, may carry out the project under section

5 14 of the Flood Control Act of 1946 (33 U.S.C. 701r):

6 (1) MAUMEE RIVER, FORT WAYNE, INDIANA.—

7 Project for bank stabilization, Maumee River, Fort

8 Wayne, Indiana.

9 (2) BAYOU SORRELL, IBERVILLE PARISH, LOU10 ISIANA.—Project for bank stabilization, Bayou

11 Sorrell, Iberville Parish, Louisiana.

12 SEC. 104. SMALL PROJECTS FOR NAVIGATION.

13 The Secretary shall conduct a study for each of the

14 following projects and, if the Secretary determines that a

15 project is feasible, may carry out the project under section

16 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):

17 (1) WHITTIER, ALASKA.—Project for navigation,

18 Whittier, Alaska.

19 (2) CAPE CORAL, FLORIDA.—Project for naviga20 tion, Cape Coral, Florida.

21 (3) EAST TWO LAKES, TOWER, MINNESOTA.—

22 Project for navigation, East Two Lakes, Tower, Min23 nesota.

24 (4) ERIE BASIN MARINA, BUFFALO, NEW YORK.—

25 Project for navigation, Erie Basin marina, Buffalo,

26 New York.
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1 (5) LAKE MICHIGAN, LAKESHORE STATE PARK,

2 MILWAUKEE, WISCONSIN.—Project for navigation,

3 Lake Michigan, Lakeshore State Park, Milwaukee,

4 Wisconsin.

5 (6) SAXON HARBOR, FRANCIS, WISCONSIN.—

6 Project for navigation, Saxon Harbor, Francis, Wis7 consin.

8 SEC. 105. SMALL PROJECT FOR IMPROVEMENT OF THE

9 QUALITY OF THE ENVIRONMENT.

10 The Secretary shall conduct a study for a project for

11 improvement of the quality of the environment, Nahant

12 Marsh, Davenport, Iowa, and, if the Secretary determines

13 that the project is appropriate, may carry out the project

14 under section 1135(a) of the Water Resources Development

15 Act of 1986 (33 U.S.C. 2309a(a)).

16 SEC. 106. SMALL PROJECTS FOR AQUATIC ECOSYSTEM RES17 TORATION.

18 The Secretary shall conduct a study for each of the

19 following projects and, if the Secretary determines that a

20 project is appropriate, may carry out the project under sec21 tion 206 of the Water Resources Development Act of 1996

22 (33 U.S.C. 2330):

23 (1) ARKANSAS RIVER, PUEBLO, COLORADO.—

24 Project for aquatic ecosystem restoration, Arkansas

25 River, Pueblo, Colorado.
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1 (2) HAYDEN DIVERSION PROJECT, YAMPA RIVER,

2 COLORADO.—Project for aquatic ecosystem restora3 tion, Hayden Diversion Project, Yampa River, Colo4 rado.

5 (3) LITTLE ECONLOCKHATCHEE RIVER BASIN,

6 FLORIDA.—Project for aquatic ecosystem restoration,

7 Little Econlockhatchee River basin, Florida.

8 (4) LOXAHATCHEE SLOUGH, PALM BEACH COUN9 TY, FLORIDA.—Project for aquatic ecosystem restora10 tion, Loxahatchee Slough, Palm Beach County, Flor11 ida.

12 (5) STEVENSON CREEK ESTUARY, FLORIDA.—

13 Project for aquatic ecosystem restoration, Stevenson

14 Creek estuary, Florida.

15 (6) CHOUTEAU ISLAND, MADISON COUNTY, ILLI16 NOIS.—Project for aquatic ecosystem restoration,

17 Chouteau Island, Madison County, Illinois.

18 (7) SAGINAW BAY, BAY CITY, MICHIGAN.—Project

19 for aquatic ecosystem restoration, Saginaw Bay, Bay

20 City, Michigan.

21 (8) RAINWATER BASIN, NEBRASKA.—Project for

22 aquatic ecosystem restoration, Rainwater Basin, Ne23 braska.

24 (9) CAZENOVIA LAKE, MADISON COUNTY, NEW

25 YORK.—Project for aquatic ecosystem restoration,
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1 Cazenovia Lake, Madison County, New York, includ2 ing efforts to address aquatic invasive plant species.

3 (10) CHENANGO LAKE, CHENANGO COUNTY, NEW

4 YORK.—Project for aquatic ecosystem restoration,

5 Chenango Lake, Chenango County, New York, includ6 ing efforts to address aquatic invasive plant species.

7 (11) EAGLE LAKE, NEW YORK.—Project for

8 aquatic ecosystem restoration, Eagle Lake, New York.

9 (12) OSSINING, NEW YORK.—Project for aquatic

10 ecosystem restoration, Ossining, New York.

11 (13) SARATOGA LAKE, NEW YORK.—Project for

12 aquatic ecosystem restoration, Saratoga Lake, New

13 York.

14 (14) SCHROON LAKE, NEW YORK.—Project for

15 aquatic ecosystem restoration, Schroon Lake, New

16 York.

17 (15) MIDDLE CUYAHOGA RIVER.—Project for

18 aquatic ecosystem restoration, Middle Cuyahoga

19 River, Kent, Ohio.

20 (16) CENTRAL AMAZON CREEK, EUGENE, OR21 EGON.—Project for aquatic ecosystem restoration,

22 Central Amazon Creek, Eugene, Oregon.

23 (17) EUGENE MILLRACE, EUGENE, OREGON.—

24 Project for aquatic ecosystem restoration, Eugene

25 Millrace, Eugene, Oregon.
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1 (18) LONE PINE AND LAZY CREEKS, MEDFORD,

2 OREGON.—Project for aquatic ecosystem restoration,

3 Lone Pine and Lazy Creeks, Medford, Oregon.

4 (19) TULLYTOWN BOROUGH, PENNSYLVANIA.—

5 Project for aquatic ecosystem restoration, Tullytown

6 Borough, Pennsylvania.

7 SEC. 107. SMALL PROJECT FOR SHORELINE PROTECTION.

8 The Secretary shall conduct a study for a project for

9 shoreline protection, Hudson River, Dutchess County, New

10 York, and, if the Secretary determines that the project is

11 feasible, may carry out the project under section 3 of the

12 Act entitled ‘‘An Act authorizing Federal participation in

13 the cost of protecting the shores of publicly owned property’’,

14 approved August 13, 1946 (33 U.S.C. 426g; 60 Stat. 1056).

15 SEC. 108. SMALL PROJECT FOR SNAGGING AND SEDIMENT

16 REMOVAL.

17 The Secretary shall conduct a study for a project for

18 clearing, snagging, and sediment removal, Sangamon River

19 and tributaries, Riverton, Illinois. If the Secretary deter20 mines that the project is feasible, the Secretary may carry

21 out the project under section 2 of the Flood Control Act of

22 August 28, 1937 (50 Stat. 177).

23 SEC. 109. PETALUMA RIVER, PETALUMA, CALIFORNIA.

24 (a) IN GENERAL.—The Secretary shall carry out the

25 Petaluma River project, at the city of Petaluma, Sonoma
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1 County, California, to provide a 100-year level of flood pro2 tection to the city in accordance with the detailed project

3 report of the San Francisco District Engineer, dated March

4 1995, at a total cost of $32,227,000.

5 (b) COST SHARING.—Cost sharing for the project shall

6 be determined in accordance with section 103(a) of the

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

8 2213(a)), as in effect on October 11, 1996.

9 (c) REIMBURSEMENT.—The Secretary shall reimburse

10 the non-Federal sponsor for any project costs that the non11 Federal sponsor has incurred in excess of the non-Federal

12 share of project costs, regardless of the date such costs were

13 incurred.

14 TITLE II—GENERAL PROVISIONS

15 SEC. 201. COST SHARING OF CERTAIN FLOOD DAMAGE RE16 DUCTION PROJECTS.

17 Section 103 of the Water Resources Development Act

18 of 1986 (33 U.S.C. 2213) is amended by adding at the end

19 the following:

20 ‘‘(n) LEVEL OF FLOOD PROTECTION.—If the Secretary

21 determines that it is technically sound, environmentally ac22 ceptable, and economically justified, to construct a flood

23 control project for an area using an alternative that will

24 afford a level of flood protection sufficient for the area not

25 to qualify as an area having special flood hazards for the
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1 purposes of the national flood insurance program under the

2 National Flood Insurance Act of 1968 (42 U.S.C. 4001 et

3 seq.), the Secretary, at the request of the non-Federal inter4 est, shall recommend the project using the alternative. The

5 non-Federal share of the cost of the project assigned to pro6 viding the minimum amount of flood protection required

7 for the area not to qualify as an area having special flood

8 hazards shall be determined under subsections (a) and (b).’’.

9 SEC. 202. HARBOR COST SHARING.

10 (a) IN GENERAL.—Sections 101 and 214 of the Water

11 Resources Development Act of 1986 (33 U.S.C. 2211 and

12 2241; 100 Stat. 4082–4084 and 4108–4109) are each

13 amended by striking ‘‘45 feet’’ each place it appears and

14 inserting ‘‘53 feet’’.

15 (b) APPLICABILITY.—The amendments made by sub16 section (a) shall apply only to a project, or separable ele17 ment of a project, on which a contract for physical construc18 tion has not been awarded before the date of enactment of

19 this Act.

20 SEC. 203. NONPROFIT ENTITIES.

21 (a) ENVIRONMENTAL DREDGING.—Section 312 of the

22 Water Resources Development Act of 1990 (33 U.S.C. 1272)

23 is amended by adding at the end the following:

24 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding section

25 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–
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1 5b), a non-Federal sponsor for any project carried out

2 under this section may include a nonprofit entity, with the

3 consent of the affected local government.’’.

4 (b) PROJECT MODIFICATIONS FOR IMPROVEMENT OF

5 ENVIRONMENT.—Section 1135 of the Water Resources De6 velopment Act of 1986 (33 U.S.C. 2309a) is amended by

7 redesignating subsection (e) as subsection (f) and by insert8 ing after subsection (d) the following:

9 ‘‘(e) NONPROFIT ENTITIES.—Notwithstanding section

10 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

11 5b), a non-Federal sponsor for any project carried out

12 under this section may include a nonprofit entity, with the

13 consent of the affected local government.’’.

14 (c) LAKES PROGRAM.—Section 602 of the Water Re15 sources Development Act of 1986 (100 Stat. 4148–4149) is

16 amended by redesignating subsection (d) as subsection (e)

17 and by inserting after subsection (c) the following:

18 ‘‘(d) NONPROFIT ENTITIES.—Notwithstanding section

19 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

20 5b), a non-Federal sponsor for any project carried out

21 under this section may include a nonprofit entity, with the

22 consent of the affected local government.’’.
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1 SEC. 204. REHABILITATION OF FEDERAL FLOOD CONTROL

2 LEVEES.

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

4 of 1990 (104 Stat. 4622) is amended by striking ‘‘1992,’’

5 and all that follows through ‘‘1996’’ and inserting ‘‘2001

6 through 2005’’.

7 SEC. 205. FLOOD MITIGATION AND RIVERINE RESTORATION

8 PROGRAM.

9 Section 212(e) of the Water Resources Development Act

10 of 1999 (33 U.S.C. 2332(e)) is amended—

11 (1) by striking ‘‘and’’ at the end of paragraph

12 (22);

13 (2) by striking the period at end of paragraph

14 (23) and inserting a semicolon;

15 (3) by adding at the end the following:

16 ‘‘(24) Lester, St. Louis, East Savanna, and

17 Floodwood Rivers, Duluth, Minnesota;

18 ‘‘(25) Lower Hudson River and tributaries, New

19 York;

20 ‘‘(26) Susquehanna River watershed, Bradford

21 County, Pennsylvania; and

22 ‘‘(27) Clear Creek, Harris, Galveston, and

23 Brazoria Counties, Texas.’’.

24 SEC. 206. TRIBAL PARTNERSHIP PROGRAM.

25 (a) IN GENERAL.—The Secretary is authorized, in co26 operation with Indian tribes and other Federal agencies,
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1 to study and determine the feasibility of implementing

2 water resources development projects that will substantially

3 benefit Indian tribes, and are located primarily within In4 dian country (as defined in section 1151 of title 18, United

5 States Code), or in proximity to an Alaska Native village

6 (as defined in, or established pursuant to, the Alaska Native

7 Claims Settlement Act (43 U.S.C. 1601 et seq.)).

8 (b) CONSULTATION AND COORDINATION.—The Sec9 retary shall consult with the Secretary of the Interior on

10 studies conducted under this section.

11 (c) CREDITS.—For any study conducted under this

12 section, the Secretary may provide credit to the Indian tribe

13 for services, studies, supplies, and other in-kind consider14 ation where the Secretary determines that such services,

15 studies, supplies, and other in-kind consideration will fa16 cilitate completion of the study. In no event shall such credit

17 exceed the Indian tribe’s required share of the cost of the

18 study.

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

20 authorized to be appropriated to carry out this section

21 $5,000,000 for each of fiscal years 2002 through 2006. Not

22 more than $1,000,000 appropriated to carry out this section

23 for a fiscal year may be used to substantially benefit any

24 one Indian tribe.
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1 (e) INDIAN TRIBE DEFINED.—In this section, the term

2 ‘‘Indian tribe’’ means any tribe, band, nation, or other or3 ganized group or community of Indians, including any

4 Alaska Native village, which is recognized as eligible for the

5 special programs and services provided by the United States

6 to Indians because of their status as Indians.

7 SEC. 207. NATIVE AMERICAN REBURIAL AND TRANSFER AU8 THORITY.

9 (a) IN GENERAL.—The Secretary, in consultation with

10 appropriate Indian tribes, may identify and set aside land

11 at civil works projects managed by the Secretary for use

12 as a cemetery for the remains of Native Americans that

13 have been discovered on project lands and that have been

14 rightfully claimed by a lineal descendant or Indian tribe

15 in accordance with applicable Federal law. The Secretary,

16 in consultation with and with the consent of the lineal de17 scendant or Indian tribe, may recover and rebury the re18 mains at such cemetery at Federal expense.

19 (b) TRANSFER AUTHORITY.—Notwithstanding any

20 other provision of law, the Secretary may transfer to an

21 Indian tribe land identified and set aside by the Secretary

22 under subsection (a) for use as a cemetery. The Secretary

23 shall retain any necessary rights-of-way, easements, or

24 other property interests that the Secretary determines nec25 essary to carry out the purpose of the project.
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1 (c) DEFINITIONS.—In this section, the terms ‘‘Indian

2 tribe’’ and ‘‘Native American’’ have the meaning such terms

3 have under section 2 of the Native American Graves Protec4 tion and Repatriation Act (25 U.S.C. 3001).

5 SEC. 208. ABILITY TO PAY.

6 Section 103(m) of the Water Resources Development

7 Act of 1986 (33 U.S.C. 2213(m)) is amended—

8 (1) by striking paragraphs (1) and (2) and in9 serting the following:

10 ‘‘(1) IN GENERAL.—Any cost-sharing agreement

11 under this section for construction of an environ12 mental protection and restoration, flood control, or

13 agricultural water supply project shall be subject to

14 the ability of a non-Federal interest to pay.

15 ‘‘(2) CRITERIA AND PROCEDURES.—The ability

16 of a non-Federal interest to pay shall be determined

17 by the Secretary in accordance with criteria and pro18 cedures in effect under paragraph (3) on the day be19 fore the date of enactment of the Water Resources De20 velopment Act of 2000; except that such criteria and

21 procedures shall be revised, and new criteria and pro22 cedures shall be developed, within 180 days after such

23 date of enactment to reflect the requirements of such

24 paragraph (3).’’; and

25 (2) in paragraph (3)—
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1 (A) by inserting ‘‘and’’ after the semicolon

2 at the end of subparagraph (A)(ii);

3 (B) by striking subparagraph (B); and

4 (C) by redesignating subparagraph (C) as

5 subparagraph (B).

6 SEC. 209. INTERAGENCY AND INTERNATIONAL SUPPORT

7 AUTHORITY.

8 The first sentence of section 234(d) of the Water Re9 sources Development Act of 1996 (33 U.S.C. 2323a(d)) is

10 amended to read as follows: ‘‘There is authorized to be ap11 propriated to carry out this section $250,000 per fiscal year

12 for fiscal years beginning after September 30, 2000.’’.

13 SEC. 210. PROPERTY PROTECTION PROGRAM.

14 (a) IN GENERAL.—The Secretary is authorized to im15 plement a program to reduce vandalism and destruction of

16 property at water resources development projects under the

17 jurisdiction of the Department of the Army. In carrying

18 out the program, the Secretary may provide rewards to in19 dividuals who provide information or evidence leading to

20 the arrest and prosecution of individuals causing damage

21 to Federal property, including the payment of cash rewards.

22 (b) REPORT.—Not later than 4 years after the date

23 of enactment of this Act, the Secretary shall transmit to

24 Congress a report on the results of the program.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $500,000 per fiscal year for fiscal years beginning after

4 September 30, 2000.

5 SEC. 211. ENGINEERING CONSULTING SERVICES.

6 In conducting a feasibility study for a water resources

7 project, the Secretary, to the maximum extent practicable,

8 should not employ a person for engineering and consulting

9 services if the same person is also employed by the non10 Federal interest for such services unless there is only 1

11 qualified and responsive bidder for such services.

12 SEC. 212. BEACH RECREATION.

13 (a) IN GENERAL.—In studying the feasibility of and

14 making recommendations concerning potential beach res15 toration projects, the Secretary may not implement any

16 policy that has the effect of disadvantaging any such project

17 solely because 50 percent or more of its benefits are rec18 reational in nature.

19 (b) PROCEDURES FOR CONSIDERATION AND REPORT20 ING OF BENEFITS.—Not later than 1 year after the date

21 of enactment of this Act, the Secretary shall develop and

22 implement procedures to ensure that all of the benefits of

23 a beach restoration project, including those benefits attrib24 utable to recreation, hurricane and storm damage reduc25 tion, and environmental protection and restoration, are
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1 adequately considered and displayed in reports for such

2 projects.

3 SEC. 213. PERFORMANCE OF SPECIALIZED OR TECHNICAL

4 SERVICES.

5 (a) IN GENERAL.—Before entering into an agreement

6 to perform specialized or technical services for a State (in7 cluding the District of Columbia), a territory, or a local

8 government of a State or territory under section 6505 of

9 title 31, United States Code, the Secretary shall certify

10 that—

11 (1) the services requested are not reasonably and

12 expeditiously available through ordinary business

13 channels; and

14 (2) the Corps of Engineers is especially equipped

15 to perform such services.

16 (b) SUPPORTING MATERIALS.—The Secretary shall de17 velop materials supporting such certification under sub18 section (a).

19 (c) ANNUAL REPORT TO CONGRESS.—

20 (1) IN GENERAL.—Not later than December 31 of

21 each calendar year, the Secretary shall transmit to

22 the Committee on Transportation and Infrastructure

23 of the House of Representatives and the Committee on

24 Environment and Public Works of the Senate a report
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1 on the requests described in subsection (a) that the

2 Secretary received during such calendar year.

3 (2) CONTENTS.—With respect to each request, the

4 report transmitted under paragraph (1) shall include

5 a copy of the certification and supporting materials

6 developed under this section and information on each

7 of the following:

8 (A) The scope of services requested.

9 (B) The status of the request.

10 (C) The estimated and final cost of the re11 quested services.

12 (D) Each district and division office of the

13 Corps of Engineers that has supplied or will

14 supply the requested services.

15 (E) The number of personnel of the Corps of

16 Engineers that have performed or will perform

17 any of the requested services.

18 (F) The status of any reimbursement.

19 SEC. 214. DESIGN-BUILD CONTRACTING.

20 (a) PILOT PROGRAM.—The Secretary may conduct a

21 pilot program consisting of not more than 5 projects to test

22 the design-build method of project delivery on various civil

23 engineering projects of the Corps of Engineers, including

24 levees, pumping plants, revetments, dikes, dredging, weirs,

25 dams, retaining walls, generation facilities, mattress lay-
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1 ing, recreation facilities, and other water resources facili2 ties.

3 (b) DESIGN-BUILD DEFINED.—In this section, the

4 term ‘‘design-build’’ means an agreement between the Fed5 eral Government and a contractor that provides for both

6 the design and construction of a project by a single contract.

7 (c) REPORT.—Not later than 2 years after the date of

8 enactment of this section, the Secretary shall report on the

9 results of the pilot program.

10 SEC. 215. INDEPENDENT REVIEW PILOT PROGRAM.

11 Title IX of the Water Resources Development Act of

12 1986 (100 Stat. 4183 et seq.) is amended by adding at the

13 end the following:

14 ‘‘SEC. 952. INDEPENDENT REVIEW PILOT PROGRAM.

15 ‘‘(a) PROJECTS SUBJECT TO INDEPENDENT RE16 VIEW.—The Secretary shall undertake a pilot program in

17 fiscal years 2001 through 2003 to determine the practicality

18 and efficacy of having feasibility reports of the Corps of

19 Engineers for eligible projects reviewed by an independent

20 panel of experts. The pilot program shall be limited to the

21 establishment of panels for not to exceed 5 eligible projects.

22 ‘‘(b) ESTABLISHMENT OF PANELS.—

23 ‘‘(1) IN GENERAL.—The Secretary shall establish

24 a panel of experts for an eligible project under this
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1 section upon identification of a preferred alternative

2 in the development of the feasibility report.

3 ‘‘(2) MEMBERSHIP.—A panel established under

4 this section shall be composed of not less than 5 and

5 not more than 9 independent experts who represent a

6 balance of areas of expertise, including biologists, en7 gineers, and economists.

8 ‘‘(3) LIMITATION ON APPOINTMENTS.—The Sec9 retary shall not appoint an individual to serve on a

10 panel of experts for a project under this section if the

11 individual has a financial interest in the project or

12 has with any organization a professional relationship

13 that the Secretary determines may constitute a con14 flict of interest or the appearance of impropriety.

15 ‘‘(4) CONSULTATION.—The Secretary shall con16 sult the National Academy of Sciences in developing

17 lists of individuals to serve on panels of experts under

18 this section.

19 ‘‘(5) COMPENSATION.—An individual serving on

20 a panel of experts under this section may not be com21 pensated but may receive travel expenses, including

22 per diem in lieu of subsistence, in accordance with

23 sections 5702 and 5703 of title 5, United States Code.

24 ‘‘(c) DUTIES OF PANELS.—A panel of experts estab25 lished for a project under this section shall—
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1 ‘‘(1) review feasibility reports prepared for the

2 project after the identification of a preferred alter3 native;

4 ‘‘(2) receive written and oral comments of a tech5 nical nature concerning the project from the public;

6 and

7 ‘‘(3) transmit to the Secretary an evaluation

8 containing the panel’s economic, engineering, and en9 vironmental analyses of the project, including the

10 panel’s conclusions on the feasibility report, with par11 ticular emphasis on areas of public controversy.

12 ‘‘(d) DURATION OF PROJECT REVIEWS.—A panel of

13 experts shall complete its review of a feasibility report for

14 an eligible project and transmit a report containing its

15 evaluation of the project to the Secretary not later than 180

16 days after the date of establishment of the panel.

17 ‘‘(e) RECOMMENDATIONS OF PANEL.—After receiving

18 a timely report on a project from a panel of experts under

19 this section, the Secretary shall—

20 ‘‘(1) consider any recommendations contained in

21 the evaluation;

22 ‘‘(2) make the evaluation available for public re23 view; and

24 ‘‘(3) include a copy of the evaluation in any re25 port transmitted to Congress concerning the project.
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1 ‘‘(f) COSTS.—The cost of conducting a review of a

2 project under this section shall not exceed $250,000 and

3 shall be a Federal expense.

4 ‘‘(g) REPORT.—Not later than December 31, 2003, the

5 Secretary shall transmit to Congress a report on the results

6 of the pilot program together with the recommendations of

7 the Secretary regarding continuation, expansion, and

8 modification of the pilot program, including an assessment

9 of the impact that a peer review program would have on

10 the overall cost and length of project analyses and reviews

11 associated with feasibility reports and an assessment of the

12 benefits of peer review.

13 ‘‘(h) ELIGIBLE PROJECT DEFINED.—In this section,

14 the term ‘eligible project’ means—

15 ‘‘(1) a water resources project that has an esti16 mated total cost of more than $25,000,000, including

17 mitigation costs; and

18 ‘‘(2) a water resources project—

19 ‘‘(A) that has an estimated total cost of

20 $25,000,000 or less, including mitigation costs;

21 and

22 ‘‘(B)(i) that the Secretary determines is

23 subject to a substantial degree of public con24 troversy; or

25 ‘‘(ii) to which an affected State objects.’’.
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1 SEC. 216. ENHANCED PUBLIC PARTICIPATION.

2 (a) IN GENERAL.—Section 905 of the Water Resources

3 Development Act of 1986 (33 U.S.C. 2282) is amended by

4 adding at the end the following:

5 ‘‘(e) ENHANCED PUBLIC PARTICIPATION.—

6 ‘‘(1) IN GENERAL.—The Secretary shall establish

7 procedures to enhance public participation in the de8 velopment of each feasibility study under subsection

9 (a), including, if appropriate, establishment of a

10 stakeholder advisory group to assist the Secretary

11 with the development of the study.

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

13 for the establishment of a stakeholder advisory group

14 under this subsection, the membership of the advisory

15 group shall include balanced representation of social,

16 economic, and environmental interest groups, and

17 such members shall serve on a voluntary, uncompen18 sated basis.

19 ‘‘(3) LIMITATION.—Procedures established under

20 this subsection shall not delay development of any fea21 sibility study under subsection (a).’’.

22 SEC. 217. MONITORING.

23 (a) IN GENERAL.—The Secretary shall conduct a mon24 itoring program of the economic and environmental results

25 of up to 5 eligible projects selected by the Secretary.
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1 (b) DURATION.—The monitoring of a project selected

2 by the Secretary under this section shall be for a period

3 of not less than 12 years beginning on the date of its selec4 tion.

5 (c) REPORTS.—The Secretary shall transmit to Con6 gress every 3 years a report on the performance of each

7 project selected under this section.

8 (d) ELIGIBLE WATER RESOURCES PROJECT DE9 FINED.—In this section, the term ‘‘eligible project’’ means

10 a water resources project, or separable element thereof—

11 (1) for which a contract for physical construc12 tion has not been awarded before the date of enact13 ment of this Act;

14 (2) that has a total cost of more than

15 $25,000,000; and

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

17 than 1.5 to 1; or

18 (B) that has significant environmental benefits

19 or significant environmental mitigation components.

20 (e) COSTS.—The cost of conducting monitoring under

21 this section shall be a Federal expense.

22 SEC. 218. RECONNAISSANCE STUDIES.

23 Section 905(b) of the Water Resources Development Act

24 of 1986 (33 U.S.C. 2282(b)) is amended—
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1 (1) in the second sentence by inserting after ‘‘en2 vironmental impacts’’ the following: ‘‘(including

3 whether a proposed project is likely to have environ4 mental impacts that cannot be successfully or cost-ef5 fectively mitigated)’’; and

6 (2) by inserting after the second sentence the fol7 lowing: ‘‘The Secretary shall not recommend that a

8 feasibility study be conducted for a project based on

9 a reconnaissance study if the Secretary determines

10 that the project is likely to have environmental im11 pacts that cannot be successfully or cost-effectively

12 mitigated.’’.

13 SEC. 219. FISH AND WILDLIFE MITIGATION.

14 (a) DESIGN OF MITIGATION PROJECTS.—Section

15 906(d) of the Water Resources Development Act of 1986 (33

16 U.S.C. 2283(a)) is amended—

17 (1) by striking ‘‘(1)’’ and inserting ‘‘(A)’’; and

18 (2) by striking ‘‘(2)’’ and inserting ‘‘(B)’’;

19 (3) by striking ‘‘(d) After the date’’ and inserting

20 the following:

21 ‘‘(d) MITIGATION PLANS AS PART OF PROJECT PRO22 POSALS.—

23 ‘‘(1) IN GENERAL.—After the date’’;

24 (4) by adding at the end the following:
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1 ‘‘(2) DESIGN OF MITIGATION PROJECTS.—The

2 Secretary shall design mitigation projects to reflect

3 contemporary understanding of the science of miti4 gating the adverse environmental impacts of water re5 sources projects.

6 ‘‘(3) RECOMMENDATION OF PROJECTS.—The Sec7 retary shall not recommend a water resources project

8 unless the Secretary determines that the adverse im9 pacts of the project on aquatic resources and fish and

10 wildlife can be cost-effectively and successfully miti11 gated.’’; and

12 (5) by aligning the remainder of the text of

13 paragraph (1) (as designated by paragraph (3) of this

14 subsection) with paragraph (2) (as added by para15 graph (4) of this subsection).

16 (b) CONCURRENT MITIGATION.—

17 (1) INVESTIGATION.—The Comptroller General

18 shall conduct an investigation of the effectiveness of

19 the concurrent mitigation requirements of section 906

20 of the Water Resources Development Act of 1986 (33

21 U.S.C. 2283). In conducting the investigation, the

22 Comptroller General shall determine whether or not

23 there are instances in which less than 50 percent of

24 required mitigation is completed before initiation of

25 project construction and the number of such instances.
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1 (2) REPORT.—Not later than 1 year after the

2 date of enactment of this Act, the Comptroller General

3 shall transmit to Congress a report on the results of

4 the investigation.

5 SEC. 220. WETLANDS MITIGATION.

6 In carrying out a water resources project that involves

7 wetlands mitigation and that has an impact that occurs

8 within the service area of a mitigation bank, the Secretary,

9 to the maximum extent practicable and where appropriate,

10 shall give preference to the use of the mitigation bank if

11 the bank contains sufficient available credits to offset the

12 impact and the bank is approved in accordance with the

13 Federal Guidance for the Establishment, Use and Operation

14 of Mitigation Banks (60 Fed. Reg. 58605 (November 28,

15 1995)) or other applicable Federal law (including regula16 tions).

17 SEC. 221. CREDIT TOWARD NON-FEDERAL SHARE OF NAVI18 GATION PROJECTS.

19 The second sentence of section 101(a)(2) of the Water

20 Resources Development Act of 1986 (33 U.S.C. 2211(a)(2))

21 is amended—

22 (1) by striking ‘‘paragraph (3) and’’ and insert23 ing ‘‘paragraph (3),’’; and

24 (2) by striking ‘‘paragraph (4)’’ and inserting

25 ‘‘paragraph (4), and the costs borne by the non-Fed-
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1 eral interests in providing additional capacity at

2 dredged material disposal areas, providing commu3 nity access to the project (including such disposal

4 areas), and meeting applicable beautification require5 ments’’.

6 SEC. 222. MAXIMUM PROGRAM EXPENDITURES FOR SMALL

7 FLOOD CONTROL PROJECTS.

8 Section 205 of the Flood Control Act of 1948 (33

9 U.S.C. 701s) is amended by striking ‘‘$40,000,000’’ and in10 serting ‘‘$50,000,000’’.

11 SEC. 223. FEASIBILITY STUDIES AND PLANNING, ENGINEER12 ING, AND DESIGN.

13 Section 105(a)(1)(E) of the Water Resources Develop14 ment Act of 1986 (33 U.S.C. 2215(a)(1)(E)) is amended

by striking ‘‘Not more than 1 15 ⁄2 of the’’ and inserting ‘‘The’’.

16 SEC. 224. ADMINISTRATIVE COSTS OF LAND CONVEYANCES.

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, the administrative costs associated with the

19 conveyance of property to a non-Federal governmental or

20 nonprofit entity shall be limited to not more than 5 percent

21 of the value of the property to be conveyed to such entity

22 if the Secretary determines, based on the entity’s ability to

23 pay, that such limitation is necessary to complete the con24 veyance. The Federal cost associated with such limitation

25 shall not exceed $70,000 for any one conveyance.
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1 (b) SPECIFIC CONVEYANCE.—In carrying out sub2 section (a), the Secretary shall give priority consideration

3 to the conveyance of 10 acres of Wister Lake project land

4 to the Summerfield Cemetery Association, Wister, Okla5 homa, authorized by section 563(f) of the Water Resources

6 Development Act of 1999 (113 Stat. 359–360).

7 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $150,000 for fiscal years 2001 through 2003.

10 SEC. 225. DAM SAFETY.

11 (a) INVENTORY AND ASSESSMENT OF OTHER DAMS.—

12 (1) INVENTORY.—The Secretary shall establish

13 an inventory of dams constructed by and using funds

14 made available through the Works Progress Adminis15 tration, the Works Projects Administration, and the

16 Civilian Conservation Corps.

17 (2) ASSESSMENT OF REHABILITATION NEEDS.—

18 In establishing the inventory required under para19 graph (1), the Secretary shall also assess the condition

20 of the dams on such inventory and the need for reha21 bilitation or modification of the dams.

22 (b) REPORT TO CONGRESS.—Not later than 2 years

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

24 transmit to Congress a report containing the inventory and

25 assessment required by this section.
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1 (c) INTERIM ACTIONS.—

2 (1) IN GENERAL.—If the Secretary determines

3 that a dam referred to in subsection (a) presents an

4 imminent and substantial risk to public safety, the

5 Secretary is authorized to carry out measures to pre6 vent or mitigate against such risk.

7 (2) EXCLUSION.—The assistance authorized

8 under paragraph (1) shall not be available to dams

9 under the jurisdiction of the Department of the Inte10 rior.

11 (3) FEDERAL SHARE.—The Federal share of the

12 cost of assistance provided under this subsection shall

13 be 65 percent of such cost.

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

15 Secretary shall coordinate with the appropriate State dam

16 safety officials and the Director of the Federal Emergency

17 Management Agency.

18 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to carry out this section a

20 total of $25,000,000 for fiscal years beginning after Sep21 tember 30, 1999, of which not more than $5,000,000 may

22 be expended on any one dam.
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1 TITLE III—PROJECT-RELATED

2 PROVISIONS

3 SEC. 301. NOGALES WASH AND TRIBUTARIES, NOGALES, AR4 IZONA.

5 The project for flood control, Nogales Wash and Tribu6 taries, Nogales, Arizona, authorized by section 101(a)(4) of

7 the Water Resources Development Act of 1990 (104 Stat.

8 4606), and modified by section 303 of the Water Resources

9 Development Act of 1996 (110 Stat. 3711), is further modi10 fied to provide that the Federal share of the costs associated

11 with addressing flood control problems in Nogales, Arizona,

12 arising from floodwater flows originating in Mexico shall

13 be 100 percent.

14 SEC. 302. JOHN PAUL HAMMERSCHMIDT VISITOR CENTER,

15 FORT SMITH, ARKANSAS.

16 Section 103(e) of the Water Resources Development Act

17 of 1992 (106 Stat. 4813) is amended—

18 (1) in the subsection heading by striking ‘‘LAKE’’

19 and inserting ‘‘VISITOR CENTER’’; and

20 (2) in paragraph (1) by striking ‘‘at the John

21 Paul Hammerschmidt Lake, Arkansas River, Arkan22 sas’’ and inserting ‘‘on property provided by the city

23 of Fort Smith, Arkansas, in such city’’.
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1 SEC. 303. GREERS FERRY LAKE, ARKANSAS.

2 The project for flood control, Greers Ferry Lake, Ar3 kansas, authorized by the Act entitled ‘‘An Act authorizing

4 the construction of certain public works on rivers and har5 bors for flood control, and other purposes’’, approved June

6 28, 1938 (52 Stat. 1218), is modified to authorize the Sec7 retary to construct water intake facilities for the benefit of

8 Lonoke and White Counties, Arkansas.

9 SEC. 304. TEN- AND FIFTEEN-MILE BAYOUS, ARKANSAS.

10 The project for flood control, Saint Francis River

11 Basin, Missouri and Arkansas, authorized by section 204

12 of the Flood Control Act of 1950 (64 Stat. 172), is modified

13 to expand the boundaries of the project to include Ten- and

14 Fifteen-Mile Bayous near West Memphis, Arkansas. Not15 withstanding section 103(f) of the Water Resources Develop16 ment Act of 1986 (100 Stat. 4086), the flood control work

17 at Ten- and Fifteen-Mile Bayous shall not be considered

18 separable elements of the project.

19 SEC. 305. CACHE CREEK BASIN, CALIFORNIA.

20 The project for flood control, Cache Creek Basin, Cali21 fornia, authorized by section 401(a) of the Water Resources

22 Development Act of 1986 (100 Stat. 4112), is modified to

23 direct the Secretary to evaluate the impacts of the new south

24 levee of the Cache Creek settling basin on the city of Wood25 land’s storm drainage system and to mitigate such impacts

26 at Federal expense and a total cost of $2,800,000.
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1 SEC. 306. LARKSPUR FERRY CHANNEL, LARKSPUR, CALI2 FORNIA.

3 The project for navigation, Larkspur Ferry Channel,

4 Larkspur, California, authorized by section 601(d) of the

5 Water Resources Development Act of 1986 (100 Stat. 4148),

6 is modified to direct the Secretary to prepare a limited re7 evaluation report to determine whether maintenance of the

8 project is technically sound, environmentally acceptable,

9 and economically justified. If the Secretary determines that

10 maintenance of the project is technically sound, environ11 mentally acceptable, and economically justified, the Sec12 retary shall carry out the maintenance.

13 SEC. 307. NORCO BLUFFS, RIVERSIDE COUNTY, CALI14 FORNIA.

15 Section 101(b)(4) of the Water Resources Development

16 Act of 1996 (110 Stat. 3667) is amended by striking

17 ‘‘$8,600,000’’ and all that follows through ‘‘$2,150,000’’ and

18 inserting ‘‘$15,000,000, with an estimated Federal cost of

19 $11,250,000 and an estimated non-Federal cost of

20 $3,750,000’’.

21 SEC. 308. SACRAMENTO DEEP WATER SHIP CHANNEL, CALI22 FORNIA.

23 The project for navigation, Sacramento Deep Water

24 Ship Channel, California, authorized by section 202(a) of

25 the Water Resources Development Act of 1986 (100 Stat.

26 4092), is modified to authorize the Secretary to provide
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1 credit to the non-Federal interest toward the non-Federal

2 share of the cost of the project for the value of dredged mate3 rial from the project that is purchased by public agencies

4 or nonprofit entities for environmental restoration or other

5 beneficial uses.

6 SEC. 309. SACRAMENTO RIVER, GLENN-COLUSA, CALI7 FORNIA.

8 The project for flood control, Sacramento River, Cali9 fornia, authorized by section 2 of the Act entitled ‘‘An Act

10 to provide for the control of the floods of the Mississippi

11 River and of the Sacramento River, California, and for

12 other purposes’’, approved March 1, 1917 (39 Stat. 949),

13 and modified by section 102 of the Energy and Water De14 velopment Appropriations Act, 1990 (103 Stat. 649), sec15 tion 301(b)(3) of the Water Resources Development Act of

16 1996 (110 Stat. 3110), title I of the Energy and Water De17 velopment Appropriations Act, 1999 (112 Stat. 1841), and

18 section 305 of the Water Resources Development Act of 1999

19 (113 Stat. 299), is further modified to direct the Secretary

20 to provide the non-Federal interest a credit of up to

21 $4,000,000 toward the non-Federal share of the cost of the

22 project for direct and indirect costs incurred by the non23 Federal interest in carrying out activities (including the

24 provision of lands, easements, rights-of-way, relocations,

25 and dredged material disposal areas) associated with envi-
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1 ronmental compliance for the project if the Secretary deter2 mines that the activities are integral to the project. If any

3 of such costs were incurred by the non-Federal interests be4 fore execution of the project cooperation agreement, the Sec5 retary may reimburse the non-Federal interest for such pre6 agreement costs instead of providing a credit for such pre7 agreement costs to the extent that the amount of the credit

8 exceeds the remaining non-Federal share of the cost of the

9 project.

10 SEC. 310. UPPER GUADALUPE RIVER, CALIFORNIA.

11 The project for flood damage reduction and recreation,

12 Upper Guadalupe River, California, authorized by section

13 101(a)(9) of the Water Resources Development Act of 1999

14 (113 Stat. 275), is modified to provide that the non-Federal

15 share of the cost of the project shall be 50 percent, with an

16 estimated Federal cost and non-Federal cost of $70,164,000

17 each.

18 SEC. 311. BREVARD COUNTY, FLORIDA.

19 (a) INCLUSION OF REACH.—The project for shoreline

20 protection, Brevard County, Florida, authorized by section

21 101(b)(7) of the Water Resources Development Act of 1996

22 (110 Stat. 3667), is modified to provide that, notwith23 standing section 902 of the Water Resources Development

24 Act of 1986, the Secretary may incorporate in the project

25 any or all of the 7.1-mile reach of the project that was de-
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1 leted from the south reach of the project, as described in

2 paragraph (5) of the Report of the Chief of Engineers, dated

3 December 23, 1996, if the Secretary determines, in coordi4 nation with appropriate local, State, and Federal agencies,

5 that the project as modified is technically sound, environ6 mentally acceptable, and economically justified.

7 (b) CLARIFICATION.—Section 310(a) of the Water Re8 sources Development Act of 1999 (113 Stat. 301) is amend9 ed by inserting ‘‘shoreline associated with the’’ after ‘‘dam10 age to the’’.

11 SEC. 312. FERNANDINA HARBOR, FLORIDA.

12 The project for navigation, Fernandina Harbor, Flor13 ida, authorized by the first section of the Act entitled ‘‘An

14 Act making appropriations for the construction, repair,

15 completion, and preservation of certain works on rivers and

16 harbors, and for other purposes’’, approved June 14, 1880

17 (21 Stat. 186), is modified to authorize the Secretary to

18 realign the access channel in the vicinity of the Fernandina

19 Beach Municipal Marina 100 feet to the west. The cost of

20 the realignment, including acquisition of lands, easements,

21 rights-of-way, and dredged material disposal areas and re22 locations, shall be a non-Federal expense.

23 SEC. 313. TAMPA HARBOR, FLORIDA.

24 The project for navigation, Tampa Harbor, Florida,

25 authorized by section 4 of the Rivers and Harbors Act of
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1 September 22, 1922 (42 Stat. 1042), is modified to author2 ize the Secretary to deepen and widen the Alafia Channel

3 in accordance with the plans described in the Draft Feasi4 bility Report, Alafia River, Tampa Harbor, Florida, dated

5 May 2000, at a total cost of $61,592,000, with an estimated

6 Federal cost of $39,621,000 and an estimated non-Federal

7 cost of $21,971,000.

8 SEC. 314. EAST SAINT LOUIS AND VICINITY, ILLINOIS.

9 The project for flood protection, East Saint Louis and

10 vicinity, Illinois (East Side levee and sanitary district),

11 authorized by section 204 of the Flood Control Act of 1965

12 (79 Stat. 1082), is modified to include ecosystem restoration

13 as a project purpose.

14 SEC. 315. KASKASKIA RIVER, KASKASKIA, ILLINOIS.

15 The project for navigation, Kaskaskia River,

16 Kaskaskia, Illinois, authorized by section 101 of the River

17 and Harbor Act of 1962 (76 Stat. 1175), is modified to

18 include recreation as a project purpose.

19 SEC. 316. WAUKEGAN HARBOR, ILLINOIS.

20 The project for navigation, Waukegan Harbor, Illinois,

21 authorized by the first section of the Act entitled ‘‘An Act

22 making appropriations for the construction, repair, comple23 tion, and preservation of certain works on rivers and har24 bors, and for other purposes’’, approved June 14, 1880 (21

25 Stat. 192), is modified to authorize the Secretary to extend
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1 the upstream limit of the project 275 feet to the north at

2 a width of 375 feet if the Secretary determines that the ex3 tension is feasible.

4 SEC. 317. CUMBERLAND, KENTUCKY.

5 Using continuing contracts, the Secretary shall ini6 tiate construction of the flood control project, Cumberland,

7 Kentucky, authorized by section 202(a) of the Energy and

8 Water Development Appropriations Act, 1981 (94 Stat.

9 1339), in accordance with option 4 contained in the draft

10 detailed project report of the Nashville District, dated Sep11 tember 1998, to provide flood protection from the 100-year

12 frequency flood event and to share all costs in accordance

13 with section 103 of the Water Resources Development Act

14 of 1986 (33 U.S.C. 2213).

15 SEC. 318. LOCK AND DAM 10, KENTUCKY RIVER, KENTUCKY.

16 (a) IN GENERAL.—The Secretary may take all nec17 essary measures to further stabilize and renovate Lock and

18 Dam 10 at Boonesborough, Kentucky, with the purpose of

19 extending the design life of the structure by an additional

20 50 years, at a total cost of $24,000,000, with an estimated

21 Federal cost of $12,000,000 and an estimated non-Federal

22 cost of $12,000,000.

23 (b) DEFINITIONS.—For purposes of this section, the

24 term ‘‘stabilize and renovate’’ includes the following activi25 ties: stabilization of the main dam, auxiliary dam and lock;
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1 renovation of all operational aspects of the lock; and ele2 vation of the main and auxiliary dams.

3 SEC. 319. SAINT JOSEPH RIVER, SOUTH BEND, INDIANA.

4 Section 321(a) of the Water Resources Development

5 Act of 1999 (113 Stat. 303) is amended—

6 (1) in the subsection heading by striking

7 ‘‘TOTAL’’ and inserting ‘‘FEDERAL’’; and

8 (2) by striking ‘‘total’’ and inserting ‘‘Federal’’.

9 SEC. 320. MAYFIELD CREEK AND TRIBUTARIES, KENTUCKY.

10 The project for flood control, Mayfield Creek and tribu11 taries, Kentucky, carried out under section 205 of the Flood

12 Control Act of 1948 (33 U.S.C. 701s), is modified to provide

13 that the non-Federal interest shall not be required to pay

14 the unpaid balance, including interest, of the non-Federal

15 share of the cost of the project.

16 SEC. 321. AMITE RIVER AND TRIBUTARIES, EAST BATON

17 ROUGE PARISH, LOUISIANA.

18 The project for flood damage reduction and recreation,

19 Amite River and Tributaries, East Baton Rouge Parish,

20 Louisiana, authorized by section 101(a)(21) of the Water

21 Resources Development Act of 1999 (113 Stat. 277), is

22 modified to provide that cost sharing for the project shall

23 be determined in accordance with section 103(a) of the

24 Water Resources Development Act of 1986 (33 U.S.C. 2213),

25 as in effect on October 11, 1996.
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1 SEC. 322. ATCHAFALAYA BASIN FLOODWAY SYSTEM, LOU2 ISIANA.

3 The Atchafalaya Basin Floodway System project, au4 thorized by section 601 of the Water Resources Development

5 Act of 1986 (100 Stat. 4142), is modified to authorize the

6 Secretary to construct the visitor center and other rec7 reational features identified in the 1982 project feasibility

8 report of the Corps of Engineers at or near the Lake End

9 Park in Morgan City, Louisiana.

10 SEC. 323. ATCHAFALAYA RIVER, BAYOUS CHENE, BOEUF,

11 AND BLACK, LOUISIANA.

12 The project for navigation Atchafalaya River and

13 Bayous Chene, Boeuf, and Black, Louisiana, authorized by

14 section 101 of the River and Harbor Act of 1968 (82 Stat.

15 731), is modified to direct the Secretary to investigate the

16 problems associated with the mixture of freshwater, salt17 water, and fine river silt in the channel and to develop and

18 carry out a solution to the problem if the Secretary deter19 mines that the work is technically sound, environmentally

20 acceptable, and economically justified.

21 SEC. 324. RED RIVER WATERWAY, LOUISIANA.

22 The project for mitigation of fish and wildlife loses,

23 Red River Waterway, Louisiana, authorized by section

24 601(a) of the Water Resources Development Act of 1986

25 (100 Stat. 4142) and modified by section 4(h) of the Water

26 Resources Development Act of 1988 (102 Stat. 4016), sec-
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1 tion 102(p) of the Water Resources Development Act of 1990

2 (104 Stat. 4613), and section 301(b)(7) of the Water Re3 sources Development Act of 1996 (110 Stat. 3710), is fur4 ther modified to authorize the Secretary to purchase mitiga5 tion lands in any of the 7 parishes that make up the Red

6 River Waterway District, including the parishes of Caddo,

7 Bossier, Red River, Natchitoches, Grant, Rapides, and

8 Avoyelles.

9 SEC. 325. THOMASTON HARBOR, GEORGES RIVER, MAINE.

10 The project for navigation, Georges River, Maine

11 (Thomaston Harbor), authorized by the first section of the

12 Act entitled ‘‘An Act making appropriations for the con13 struction, repair, and preservation of certain public works

14 on rivers and harbors, and for other purposes’’, approved

15 June 3, 1896 (29 Stat. 215), is modified to redesignate the

16 following portion of the project as an anchorage area: The

17 portion lying northwesterly of a line commencing at point

18 N86,946.770, E321,303.830 thence running northeasterly

19 about 203.67 feet to a point N86,994.750, E321,501.770.

20 SEC. 326. BRECKENRIDGE, MINNESOTA.

21 (a) MAXIMUM FEDERAL EXPENDITURE.—The max22 imum amount of Federal funds that may be expended for

23 the project for flood control, Breckenridge, Minnesota, car24 ried out under section 205 of the Flood Control Act of 1948

25 (33 U.S.C. 701s), shall be $10,500,000.
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1 (b) REVISION OF PROJECT COOPERATION AGREE2 MENT.—The Secretary shall revise the project cooperation

3 agreement for the project described in subsection (a) to take

4 into account the change in the Federal participation in the

5 project in accordance with this section.

6 SEC. 327. DULUTH HARBOR, MINNESOTA.

7 The project for navigation, Duluth Harbor, Minnesota,

8 carried out under section 107 of the River and Harbor Act

9 of 1960 (33 U.S.C. 577), is modified to include the reloca10 tion of Scenic Highway 61, including any required bridge

11 construction.

12 SEC. 328. LITTLE FALLS, MINNESOTA.

13 The project for clearing, snagging, and sediment re14 moval, East Bank of the Mississippi River, Little Falls,

15 Minnesota, authorized under section 3 of the Act entitled

16 ‘‘An Act authorizing the construction, repair, and preserva17 tion of certain public works on rivers and harbors, and for

18 other purposes’’, approved March 2, 1945 (33 U.S.C. 603a),

19 is modified to direct the Secretary to construct the project

20 substantially in accordance with the plans contained in the

21 feasibility report of the District Engineer, dated June 2000.

22 SEC. 329. POPLAR ISLAND, MARYLAND.

23 (a) IN GENERAL.—The project for beneficial use of

24 dredged material at Poplar Island, Maryland, authorized

25 by section 537 of the Water Resources Development Act of
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1 1996 (110 Stat. 3776), is modified to authorize the Sec2 retary to provide the non-Federal interest credit toward

3 cash contributions required—

4 (1) before and during construction of the project,

5 for the costs of planning, engineering, and design and

6 for construction management work that is performed

7 by the non-Federal interest and that the Secretary de8 termines is necessary to implement the project; and

9 (2) during construction of the project, for the

10 costs of the construction that the non-Federal interest

11 carries out on behalf of the Secretary and that the

12 Secretary determines is necessary to carry out the

13 project.

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

15 for engineering work of the Baltimore District of the Corps

16 of Engineers shall be reduced by the amount of the credit

17 under paragraph (1).

18 SEC. 330. NEW YORK HARBOR AND ADJACENT CHANNELS,

19 PORT JERSEY, NEW JERSEY.

20 The project for navigation, New York Harbor and ad21 jacent channels, Port Jersey, New Jersey, authorized by sec22 tion 202(b) of the Water Resources Development Act of 1986

23 (100 Stat. 4098) and modified by section 337 of the Water

24 Resources Development Act of 1999 (113 Stat. 306–307),

25 is further modified to authorize the Secretary to provide
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1 the non-Federal interests credit toward cash contributions

2 required—

3 (1) before, during, and after construction for

4 planning, engineering and design, and construction

5 management work that is performed by the non-Fed6 eral interests and that the Secretary determines is

7 necessary to implement the project; and

8 (2) during and after construction for the costs of

9 construction that the non-Federal interests carry out

10 on behalf of the Secretary and that the Secretary de11 termines is necessary to implement the project.

12 SEC. 331. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW

13 JERSEY.

14 (a) REEVALUATION OF FLOODWAY STUDY.—The Sec15 retary shall review the Passaic River Floodway Buyout

16 Study, dated October 1995, conducted as part of the project

17 for flood control, Passaic River Main Stem, New Jersey and

18 New York, authorized by section 101(a)(18) of the Water

19 Resources Development Act of 1990 (104 Stat. 4607–4610),

20 to calculate the benefits of a buyout and environmental res21 toration using the method used to calculate the benefits of

22 structural projects under section 308(b) of the Water Re23 sources Development Act of 1990 (33 U.S.C. 2318(b)).

24 (b) REEVALUATION OF 10-YEAR FLOODPLAIN

25 STUDY.—The Secretary shall review the Passaic River
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1 Buyout Study of the 10-year floodplain beyond the floodway

2 of the Central Passaic River Basin, dated September 1995,

3 conducted as part of the Passaic River Main Stem project

4 to calculate the benefits of a buyout and environmental res5 toration using the method used to calculate the benefits of

6 structural projects under section 308(b) of the Water Re7 sources Development Act of 1990 (33 U.S.C. 2318(b)).

8 (c) PRESERVATION OF NATURAL STORAGE AREAS.—

9 (1) IN GENERAL.—The Secretary shall reevaluate

10 the acquisition of wetlands in the Central Passaic

11 River Basin for flood protection purposes to supple12 ment the wetland acquisition authorized by section

13 101(a)(18)(C)(vi) of the Water Resources Development

14 Act of 1990 (104 Stat. 4609).

15 (2) PURCHASE.—If the Secretary determines

16 that the acquisition of wetlands evaluated under

17 paragraph (1) is cost-effective, the Secretary shall

18 purchase the wetlands, with the goal of purchasing

19 not more than 8,200 acres.

20 (d) STREAMBANK EROSION CONTROL STUDY.—The

21 Secretary shall review relevant reports and conduct a study

22 to determine the feasibility of carrying out a project for en23 vironmental restoration, erosion control, and streambank

24 restoration along the Passaic River, from Dundee Dam to

25 Kearny Point, New Jersey.
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1 (e) PASSAIC RIVER FLOOD MANAGEMENT TASK

2 FORCE.—

3 (1) ESTABLISHMENT.—The Secretary, in co4 operation with the non-Federal interest, shall estab5 lish a task force, to be known as the ‘‘Passaic River

6 Flood Management Task Force’’, to provide advice to

7 the Secretary concerning reevaluation of the Passaic

8 River Main Stem project.

9 (2) MEMBERSHIP.—The task force shall be com10 posed of 22 members, appointed as follows:

11 (A) APPOINTMENT BY SECRETARY.—The

12 Secretary shall appoint 1 member to represent

13 the Corps of Engineers and to provide technical

14 advice to the task force.

15 (B) APPOINTMENTS BY GOVERNOR OF NEW

16 JERSEY.—The Governor of New Jersey shall ap17 point 20 members to the task force, as follows:

18 (i) 2 representatives of the New Jersey

19 legislature who are members of different po20 litical parties.

21 (ii) 3 representatives of the State of

22 New Jersey.

23 (iii) 1 representative of each of Bergen,

24 Essex, Morris, and Passaic Counties, New

25 Jersey.
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1 (iv) 6 representatives of governments of

2 municipalities affected by flooding within

3 the Passaic River Basin.

4 (v) 1 representative of the Palisades

5 Interstate Park Commission.

6 (vi) 1 representative of the North Jer7 sey District Water Supply Commission.

8 (vii) 1 representative of each of—

9 (I) the Association of New Jersey

10 Environmental Commissions;

11 (II) the Passaic River Coalition;

12 and

13 (III) the Sierra Club.

14 (C) APPOINTMENT BY GOVERNOR OF NEW

15 YORK.—The Governor of New York shall appoint

16 1 representative of the State of New York to the

17 task force.

18 (3) MEETINGS.—

19 (A) REGULAR MEETINGS.—The task force

20 shall hold regular meetings.

21 (B) OPEN MEETINGS.—The meetings of the

22 task force shall be open to the public.

23 (4) ANNUAL REPORT.—The task force shall sub24 mit annually to the Secretary and to the non-Federal

25 interest a report describing the achievements of the
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1 Passaic River flood management project in preventing

2 flooding and any impediments to completion of the

3 project.

4 (5) EXPENDITURE OF FUNDS.—The Secretary

5 may use funds made available to carry out the Pas6 saic River Basin flood management project to pay the

7 administrative expenses of the task force.

8 (6) TERMINATION.—The task force shall termi9 nate on the date on which the Passaic River flood

10 management project is completed.

11 (f) ACQUISITION OF LANDS IN THE FLOODWAY.—Sec12 tion 1148 of the Water Resources Development Act of 1986

13 (100 Stat. 4254; 110 Stat. 3718–3719), is amended by add14 ing at the end the following:

15 ‘‘(e) CONSISTENCY WITH NEW JERSEY BLUE ACRES

16 PROGRAM.—The Secretary shall carry out this section in

17 a manner that is consistent with the Blue Acres Program

18 of the State of New Jersey.’’.

19 (g) STUDY OF HIGHLANDS LAND CONSERVATION.—

20 The Secretary, in cooperation with the Secretary of Agri21 culture and the State of New Jersey, may study the feasi22 bility of conserving land in the Highlands region of New

23 Jersey and New York to provide additional flood protection

24 for residents of the Passaic River Basin in accordance with
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1 section 212 of the Water Resources Development Act of 1999

2 (33 U.S.C. 2332).

3 (h) RESTRICTION ON USE OF FUNDS.—The Secretary

4 shall not obligate any funds to carry out design or construc5 tion of the tunnel element of the Passaic River Main Stem

6 project.

7 SEC. 332. TIMES BEACH NATURE PRESERVE, BUFFALO, NEW

8 YORK.

9 The project for improving the quality of the environ10 ment, Times Beach Nature Preserve, Buffalo, New York,

11 carried out under section 1135 of the Water Resources De12 velopment Act of 1986 (33 U.S.C. 2309a), is modified to

13 include recreation as a project purpose.

14 SEC. 333. GARRISON DAM, NORTH DAKOTA.

15 The Garrison Dam, North Dakota, feature of the

16 project for flood control, Missouri River Basin, authorized

17 by section 9(a) of the Flood Control Act of December 22,

18 1944 (58 Stat. 891), is modified to direct the Secretary to

19 mitigate damage to the water transmission line for

20 Williston, North Dakota, at Federal expense and a total cost

21 of $3,900,000.

22 SEC. 334. DUCK CREEK, OHIO.

23 The project for flood control, Duck Creek, Ohio, author24 ized by section 101(a)(24) of the Water Resources Develop25 ment Act of 1996 (110 Stat. 3665), is modified to authorize
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1 the Secretary carry out the project at a total cost of

2 $36,323,000, with an estimated Federal cost of $27,242,000

3 and an estimated non-Federal cost of $9,081,000.

4 SEC. 335. ASTORIA, OREGON.

5 The project for navigation, Columbia River, Astoria,

6 Oregon, authorized by the first section of the Act entitled

7 ‘‘An Act authorizing the construction, repair, and preserva8 tion of certain public works on rivers and harbors, and for

9 other purposes’’, approved July 24, 1946 (60 Stat. 637),

10 is modified to provide that the Federal share of the cost

11 of relocating causeway and mooring facilities located at the

12 Astoria East Boat Basin shall be 100 percent but shall not

13 exceed $500,000.

14 SEC. 336. NONCONNAH CREEK, TENNESSEE AND MIS15 SISSIPPI.

16 The project for flood control, Nonconnah Creek, Ten17 nessee and Mississippi, authorized by section 401(a) of the

18 Water Resources Development Act of 1986 (100 Stat. 4124),

19 is modified to authorize the Secretary, if the Secretary de20 termines that it is feasible—

21 (1) to extend the area protected by the flood con22 trol element of the project upstream approximately 5

23 miles to Reynolds Road; and
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1 (2) to extend the hiking and biking trails of the

2 recreational element of the project from 8.8 to 27

3 miles.

4 SEC. 337. BOWIE COUNTY LEVEE, TEXAS.

5 The project for flood control, Red River below Denison

6 Dam, Texas and Oklahoma, authorized by section 10 of the

7 Flood Control Act of 1946 (60 Stat. 647), is modified to

8 direct the Secretary to implement the Bowie County levee

9 feature of the project in accordance with the plan described

10 as Alternative B in the draft document entitled ‘‘Bowie

11 County Local Flood Protection, Red River, Texas Project

12 Design Memorandum No. 1, Bowie County Levee’’, dated

13 April 1997. In evaluating and implementing the modifica14 tion, the Secretary shall allow the non-Federal interest to

15 participate in the financing of the project in accordance

16 with section 903(c) of the Water Resources Development Act

17 of 1986 (100 Stat. 4184) to the extent that the Secretary’s

18 evaluation of the modification indicates that applying such

19 section is necessary to implement the modification.

20 SEC. 338. SAN ANTONIO CHANNEL, SAN ANTONIO, TEXAS.

21 The project for flood control, San Antonio channel,

22 Texas, authorized by section 203 of the Flood Control Act

23 of 1954 (68 Stat. 1259) as part of the comprehensive plan

24 for flood protection on the Guadalupe and San Antonio

25 Rivers in Texas, and modified by section 103 of the Water
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1 Resources Development Act of 1976 (90 Stat. 2921), is fur2 ther modified to include environmental restoration and

3 recreation as project purposes.

4 SEC. 339. BUCHANAN AND DICKENSON COUNTIES, VIR5 GINIA.

6 The project for flood control, Levisa and Tug Forks

7 of the Big Sandy River and Upper Cumberland River, au8 thorized by section 202 of the Energy and Water Develop9 ment Appropriations Act, 1981 (94 Stat. 1339), and modi10 fied by section 352 of the Water Resources Development Act

11 of 1996 (110 Stat. 3724–3725), is further modified to direct

12 the Secretary to determine the ability of Buchanan and

13 Dickenson Counties, Virginia, to pay the non-Federal share

14 of the cost of the project based solely on the criteria specified

15 in section 103(m)(3)(A)(i) of the Water Resources Develop16 ment Act of 1986 (33 U.S.C. 2213(m)(3)(A)(i)).

17 SEC. 340. BUCHANAN, DICKENSON, AND RUSSELL COUN18 TIES, VIRGINIA.

19 At the request of the John Flannagan Water Authority,

20 Dickenson County, Virginia, the Secretary may reallocate,

21 under section 322 of the Water Resources Development Act

22 of 1990 (104 Stat. 4643–4644), water supply storage space

23 in the John Flannagan Reservoir, Dickenson County, Vir24 ginia, sufficient to yield water withdrawals in amounts not

25 to exceed 3,000,000 gallons per day in order to provide
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1 water for the communities in Buchanan, Dickenson, and

2 Russell Counties, Virginia, notwithstanding the limitation

3 in section 322(b) of such Act.

4 SEC. 341. SANDBRIDGE BEACH, VIRGINIA BEACH, VIRGINIA.

5 The project for beach erosion control and hurricane

6 protection, Sandbridge Beach, Virginia Beach, Virginia,

7 authorized by section 101(22) of the Water Resources Devel8 opment Act of 1992 (106 Stat. 4804), is modified to direct

9 the Secretary to provide 50 years of periodic beach nourish10 ment beginning on the date on which construction of the

11 project was initiated in 1998.

12 SEC. 342. WALLOPS ISLAND, VIRGINIA.

13 Section 567(c) of the Water Resources Development Act

14 of 1999 (113 Stat. 367) is amended by striking

15 ‘‘$8,000,000’’ and inserting ‘‘$20,000,000’’.

16 SEC. 343. COLUMBIA RIVER, WASHINGTON.

17 (a) IN GENERAL.—The project for navigation, Colum18 bia River, Washington, authorized by the first section of

19 the Act entitled ‘‘An Act making appropriations for the con20 struction, repair, and preservation of certain public works

21 on rivers and harbors, and for other purposes’’, approved

22 June 13, 1902 (32 Stat. 369), is modified to direct the Sec23 retary, in the operation and maintenance of the project, to

24 mitigate damages to the shoreline of Puget Island, at a total

25 cost of $1,000,000.
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1 (b) ALLOCATION.—The cost of the mitigation shall be

2 allocated as an operation and maintenance cost of the Fed3 eral navigation project.

4 SEC. 344. MOUNT ST. HELENS, WASHINGTON.

5 The project for sediment control, Mount St. Helens,

6 Washington, authorized by chapter IV of title I of the Sup7 plemental Appropriations Act, 1985 (99 Stat. 318–319), is

8 modified to authorize the Secretary to provide such cost9 effective, environmentally acceptable measures as are nec10 essary to maintain the flood protection levels for Longview,

11 Kelso, Lexington, and Castle Rock on the Cowlitz River,

12 Washington, identified in the October 1985 report of the

13 Chief of Engineers entitled ‘‘Mount St. Helens, Washington,

14 Decision Document (Toutle, Cowlitz, and Columbia Riv15 ers)’’, printed as House Document number 99–135.

16 SEC. 345. RENTON, WASHINGTON.

17 (a) MAXIMUM FEDERAL EXPENDITURE.—The max18 imum amount of Federal funds that may be expended for

19 the project for flood control, Renton, Washington, carried

20 out under section 205 of the Flood Control Act of 1948, shall

21 be $5,300,000.

22 (b) REVISION OF PROJECT COOPERATION AGREE23 MENT.—The Secretary shall revise the project cooperation

24 agreement for the project described in subsection (a) to take
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1 into account the change in the Federal participation in the

2 project in accordance with this section.

3 (c) REIMBURSEMENT.—The Secretary may reimburse

4 the non-Federal interest for the project described in sub5 section (a) for costs incurred to mitigate overdredging.

6 SEC. 346. GREENBRIER BASIN, WEST VIRGINIA.

7 Section 579(c) of the Water Resources Development Act

8 of 1996 (110 Stat. 3790) is amended by striking

9 ‘‘$12,000,000’’ and inserting ‘‘$73,000,000’’.

10 SEC. 347. LOWER MUD RIVER, MILTON, WEST VIRGINIA.

11 The project for flood damage reduction, Lower Mud

12 River, Milton, West Virginia, authorized by section 580 of

13 the Water Resources Development Act of 1996 (110 Stat.

14 3790), is modified to direct the Secretary to carry out the

15 project.

16 SEC. 348. WATER QUALITY PROJECTS.

17 Section 307(a) of the Water Resources Development

18 Act of 1992 (106 Stat. 4841) is amended by striking ‘‘Jeffer19 son and Orleans Parishes’’ and inserting ‘‘Jefferson, Orle20 ans, and St. Tammany Parishes’’.

21 SEC. 349. PROJECT REAUTHORIZATIONS.

22 (a) IN GENERAL.—Each of the following projects may

23 be carried out by the Secretary, and no construction on any

24 such project may be initiated until the Secretary determines
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1 that the project is technically sound, environmentally ac2 ceptable, and economically justified, as appropriate:

3 (1) NARRAGUAGUS RIVER, MILBRIDGE, MAINE.—

4 Only for the purpose of maintenance as anchorage,

5 those portions of the project for navigation,

6 Narraguagus River, Milbridge, Maine, authorized by

7 section 2 of the Act entitled ‘‘An Act making appro8 priations for the construction, repair, completion, and

9 preservation of certain works on rivers and harbors,

10 and for other purposes’’, approved June 14, 1880 (21

11 Stat. 195), and deauthorized under section 101 of the

12 River and Harbor Act of 1962 (75 Stat. 1173), lying

13 adjacent to and outside the limits of the 11-foot and

14 9-foot channel authorized as part of the project for

15 navigation, authorized by such section 101, as follows:

16 (A) An area located east of the 11-foot chan17 nel starting at a point with coordinates

18 N248,060.52, E668,236.56, thence running south

19 36 degrees 20 minutes 52.3 seconds east 1567.242

20 feet to a point N246,798.21, E669,165.44, thence

21 running north 51 degrees 30 minutes 06.2 sec22 onds west 839.855 feet to a point N247,321.01,

23 E668,508.15, thence running north 20 degrees 09

24 minutes 58.1 seconds west 787.801 feet to the

25 point of origin.
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1 (B) An area located west of the 9-foot chan2 nel starting at a point with coordinates

3 N249,673.29, E667,537.73, thence running south

4 20 degrees 09 minutes 57.8 seconds east 1341.616

5 feet to a point N248,413.92, E668,000.24, thence

6 running south 01 degrees 04 minutes 26.8 sec7 onds east 371.688 feet to a point N248,042.30,

8 E668,007.21, thence running north 22 degrees 21

9 minutes 20.8 seconds west 474.096 feet to a point

10 N248,480.76, E667,826.88, thence running north

11 79 degrees 09 minutes 31.6 seconds east 100.872

12 feet to a point N248,499.73, E667,925.95, thence

13 running north 13 degrees 47 minutes 27.6 sec14 onds west 95.126 feet to a point N248,592.12,

15 E667,903.28, thence running south 79 degrees 09

16 minutes 31.6 seconds west 115.330 feet to a point

17 N248,570.42, E667,790.01, thence running north

18 22 degrees 21 minutes 20.8 seconds west 816.885

19 feet to a point N249,325.91, E667,479.30, thence

20 running north 07 degrees 03 minutes 00.3 sec21 onds west 305.680 feet to a point N249,629.28,

22 E667,441.78, thence running north 65 degrees 21

23 minutes 33.8 seconds east 105.561 feet to the

24 point of origin.
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1 (2) CEDAR BAYOU, TEXAS.—The project for navi2 gation, Cedar Bayou, Texas, authorized by the first

3 section of the Act entitled ‘‘An Act making appropria4 tions for the construction, repair, and preservation of

5 certain public works on rivers and harbors, and for

6 other purposes’’, approved September 19, 1890 (26

7 Stat. 444), and modified by the first section of the Act

8 entitled ‘‘An Act authorizing the construction, repair,

9 and preservation of certain public works on rivers

10 and harbors, and for other purposes’’, approved July

11 3, 1930 (46 Stat. 926), and deauthorized by section

12 1002 of the Water Resources Development Act of 1986

13 (100 Stat. 4219), except that the project is authorized

14 only for construction of a navigation channel 12 feet

15 deep by 125 feet wide from mile ¥2.5 (at the junc16 tion with the Houston Ship Channel) to mile 11.0 on

17 Cedar Bayou.

18 (b) REDESIGNATION.—The following portion of the 11-

19 foot channel of the project for navigation, Narraguagus

20 River, Milbridge, Maine, referred to in subsection (a)(1) is

21 redesignated as anchorage: starting at a point with coordi22 nates N248,413.92, E668,000.24, thence running south 20

23 degrees 09 minutes 57.8 seconds east 1325.205 feet to a

24 point N247,169.95, E668,457.09, thence running north 51

25 degrees 30 minutes 05.7 seconds west 562.33 feet to a point
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1 N247,520.00, E668,017.00, thence running north 01 degrees

2 04 minutes 26.8 seconds west 894.077 feet to the point of

3 origin.

4 SEC. 350. CONTINUATION OF PROJECT AUTHORIZATIONS.

5 (a) IN GENERAL.—Notwithstanding section 1001(b)(2)

6 of the Water Resources Development Act of 1986 (33 U.S.C.

7 579a(b)(2)), the following projects shall remain authorized

8 to be carried out by the Secretary:

9 (1) The projects for flood control, Sacramento

10 River, California, modified by section 10 of the Flood

11 Control Act of December 22, 1944 (58 Stat. 900–901).

12 (2) The project for flood protection, Sacramento

13 River from Chico Landing to Red Bluff, California,

14 authorized by section 203 of the Flood Control Act of

15 1958 (72 Stat. 314).

16 (b) LIMITATION.—A project described in subsection (a)

17 shall not be authorized for construction after the last day

18 of the 7-year period beginning on the date of enactment of

19 this Act, unless, during such period, funds have been obli20 gated for the construction (including planning and design)

21 of the project.

22 SEC. 351. DECLARATION OF NONNAVIGABILITY FOR LAKE

23 ERIE, NEW YORK.

24 (a) AREA TO BE DECLARED NONNAVIGABLE; PUBLIC

25 INTEREST.—Unless the Secretary finds, after consultation
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1 with local and regional public officials (including local and

2 regional public planning organizations), that the proposed

3 projects to be undertaken within the boundaries in the por4 tions of Erie County, New York, described in subsection (b),

5 are not in the public interest then, subject to subsection (c),

6 those portions of such county that were once part of Lake

7 Erie and are now filled are declared to be nonnavigable

8 waters of the United States.

9 (b) BOUNDARIES.—The portion of Erie County, New

10 York, referred to in subsection (a) are all that tract or par11 cel of land, situate in the Town of Hamburg and the City

12 of Lackawanna, County of Erie, State of New York, being

13 part of Lots 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23,

14 24, and 25 of the Ogden Gore Tract and part of Lots 23,

15 24, and 36 of the Buffalo Creek Reservation, Township 10,

16 Range 8 of the Holland Land Company’s Survey and more

17 particularly bounded and described as follows:

18 Beginning at a point on the westerly highway

19 boundary of Hamburg Turnpike (66.0 feet wide), said

20 point being 547.89 feet South 19°36′46′′ East from

21 the intersection of the westerly highway boundary of

22 Hamburg Turnpike (66.0 feet wide) and the northerly

23 line of the City of Lackawanna (also being the south24 erly line of the City of Buffalo); thence South

25 19°36′46′′ East along the westerly highway boundary
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1 of Hamburg Turnpike (66.0 feet wide) a distance of

2 628.41 feet; thence along the westerly highway bound3 ary of Hamburg Turnpike as appropriated by the

4 New York State Department of Public Works as

5 shown on Map No. 40–R2, Parcel No. 44 the fol6 lowing 20 courses and distances:

7 (1) South 10°00′07′′ East a distance of

8 164.30 feet;

9 (2) South 18°40′45′′ East a distance of

10 355.00 feet;

11 (3) South 71°23′35′′ West a distance of 2.00

12 feet;

13 (4) South 18°40′45′′ East a distance of

14 223.00 feet;

15 (5) South 22°29′36′′ East a distance of

16 150.35 feet;

17 (6) South 18°40′45′′ East a distance of

18 512.00 feet;

19 (7) South 16°49′53′′ East a distance of

20 260.12 feet;

21 (8) South 18°34′20′′ East a distance of

22 793.00 feet;

23 (9) South 71°23′35′′ West a distance of 4.00

24 feet;
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1 (10) South 18°13′24′′ East a distance of

2 132.00 feet;

3 (11) North 71°23′35′′ East a distance of

4 4.67 feet;

5 (12) South 18°30′00′′ East a distance of

6 38.00 feet;

7 (13) South 71°23′35′′ West a distance of

8 4.86 feet;

9 (14) South 18°13′24′′ East a distance of

10 160.00 feet;

11 (15) South 71°23′35′′ East a distance of

12 9.80 feet;

13 (16) South 18°36′25′′ East a distance of

14 159.00 feet;

15 (17) South 71°23′35′′ West a distance of

16 3.89 feet;

17 (18) South 18°34′20′′ East a distance of

18 180.00 feet;

19 (19) South 20°56′05′′ East a distance of

20 138.11 feet;

21 (20) South 22°53′55′′ East a distance of

22 272.45 feet to a point on the westerly highway

23 boundary of Hamburg Turnpike.

24 Thence southerly along the westerly highway bound25 ary of Hamburg Turnpike, South 18°36′25′′ East, a
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1 distance of 2228.31 feet; thence along the westerly

2 highway boundary of Hamburg Turnpike as appro3 priated by the New York State Department of Public

4 Works as shown on Map No. 27 Parcel No. 31 the fol5 lowing 2 courses and distances:

6 (1) South 16°17′25′′ East a distance of

7 74.93 feet;

8 (2) along a curve to the right having a ra9 dius of 1004.74 feet; a chord distance of 228.48

10 feet along a chord bearing of South 08°12′16′′

11 East, a distance of 228.97 feet to a point on the

12 westerly highway boundary of Hamburg Turn13 pike.

14 Thence southerly along the westerly highway bound15 ary of Hamburg Turnpike, South 4°35′35′′ West a

16 distance of 940.87 feet; thence along the westerly high17 way boundary of Hamburg Turnpike as appropriated

18 by the New York State Department of Public Works

19 as shown on Map No. 1 Parcel No. 1 and Map No.

20 5 Parcel No. 7 the following 18 courses and distances:

21 (1) North 85°24′25′′ West a distance of 1.00

22 feet;

23 (2) South 7°01′17′′ West a distance of

24 170.15 feet;
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1 (3) South 5°02′54′′ West a distance of

2 180.00 feet;

3 (4) North 85°24′25′′ West a distance of 3.00

4 feet;

5 (5) South 5°02′54′′ West a distance of

6 260.00 feet;

7 (6) South 5°09′11′′ West a distance of

8 110.00 feet;

9 (7) South 0°34′35′′ West a distance of

10 110.27 feet;

11 (8) South 4°50′37′′ West a distance of

12 220.00 feet;

13 (9) South 4°50′37′′ West a distance of

14 365.00 feet;

15 (10) South 85°24′25′′ East a distance of

16 5.00 feet;

17 (11) South 4°06′20′′ West a distance of

18 67.00 feet;

19 (12) South 6°04′35′′ West a distance of

20 248.08 feet;

21 (13) South 3°18′27′′ West a distance of

22 52.01 feet;

23 (14) South 4°55′58′′ West a distance of

24 133.00 feet;
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1 (15) North 85°24′25′′ West a distance of

2 1.00 feet;

3 (16) South 4°55′58′′ West a distance of

4 45.00 feet;

5 (17) North 85°24′25′′ West a distance of

6 7.00 feet;

7 (18) South 4°56′12′′ West a distance of

8 90.00 feet.

9 Thence continuing along the westerly highway bound10 ary of Lake Shore Road as appropriated by the New

11 York State Department of Public Works as shown on

12 Map No. 7, Parcel No. 7 the following 2 courses and

13 distances:

14 (1) South 4°55′58′′ West a distance of

15 127.00 feet;

16 (2) South 2°29′25′′ East a distance of

17 151.15 feet to a point on the westerly former

18 highway boundary of Lake Shore Road.

19 Thence southerly along the westerly formerly highway

20 boundary of Lake Shore Road, South 4°35′35′′ West

21 a distance of 148.90 feet; thence along the westerly

22 highway boundary of Lake Shore Road as appro23 priated by the New York State Department of Public

24 Works as shown on Map No. 7, Parcel No. 8 the fol25 lowing 3 courses and distances:
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1 (1) South 55°34′35′′ West a distance of

2 12.55 feet;

3 (2) South 4°35′35′′ West a distance of

4 118.50 feet;

5 (3) South 3°04′00′′ West a distance of 62.95

6 feet to a point on the south line of the lands of

7 South Buffalo Railway Company.

8 Thence southerly and easterly along the lands of

9 South Buffalo Railway Company the following 5

10 courses and distances:

11 (1) North 89°25′14′′ West a distance of

12 697.64 feet;

13 (2) along a curve to the left having a radius

14 of 645.0 feet; a chord distance of 214.38 feet

15 along a chord bearing of South 40°16′48′′ West,

16 a distance of 215.38 feet;

17 (3) South 30°42′49′′ West a distance of

18 76.96 feet;

19 (4) South 22°06′03′′ West a distance of

20 689.43 feet;

21 (5) South 36°09′23′′ West a distance of

22 30.93 feet to the northerly line of the lands of

23 Buffalo Crushed Stone, Inc.

24 Thence North 87°13′38′′ West a distance of 2452.08

25 feet to the shore line of Lake Erie; thence northerly
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1 along the shore of Lake Erie the following 43 courses

2 and distances:

3 (1) North 16°29′53′′ West a distance of

4 267.84 feet;

5 (2) North 24°25′00′′ West a distance of

6 195.01 feet;

7 (3) North 26°45′00′′ West a distance of

8 250.00 feet;

9 (4) North 31°15′00′′ West a distance of

10 205.00 feet;

11 (5) North 21°35′00′′ West a distance of

12 110.00 feet;

13 (6) North 44°00′53′′ West a distance of

14 26.38 feet;

15 (7) North 33°49′18′′ West a distance of

16 74.86 feet;

17 (8) North 34°26′26′′ West a distance of

18 12.00 feet;

19 (9) North 31°06′16′′ West a distance of

20 72.06 feet;

21 (10) North 22°35′00′′ West a distance of

22 150.00 feet;

23 (11) North 16°35′00′′ West a distance of

24 420.00 feet;
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1 (12) North 21°l0′00′′ West a distance of

2 440.00 feet;

3 (13) North 17°55′00′′ West a distance of

4 340.00 feet;

5 (14) North 28°05′00′′ West a distance of

6 375.00 feet;

7 (15) North 16°25′00′′ West a distance of

8 585.00 feet;

9 (16) North 22°10′00′′ West a distance of

10 160.00 feet;

11 (17) North 2°46′36′′ West a distance of

12 65.54 feet;

13 (18) North 16°01′08′′ West a distance of

14 70.04 feet;

15 (19) North 49°07′00′′ West a distance of

16 79.00 feet;

17 (20) North 19°16′00′′ West a distance of

18 425.00 feet;

19 (21) North 16°37′00′′ West a distance of

20 285.00 feet;

21 (22) North 25°20′00′′ West a distance of

22 360.00 feet;

23 (23) North 33°00′00′′ West a distance of

24 230.00 feet;
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1 (24) North 32°40′00′′ West a distance of

2 310.00 feet;

3 (25) North 27°10′00′′ West a distance of

4 130.00 feet;

5 (26) North 23°20′00′′ West a distance of

6 315.00 feet;

7 (27) North 18°20′04′′ West a distance of

8 302.92 feet;

9 (28) North 20°15′48′′ West a distance of

10 387.18 feet;

11 (29) North 14°20′00′′ West a distance of

12 530.00 feet;

13 (30) North 16°40′00′′ West a distance of

14 260.00 feet;

15 (31) North 28°35′00′′ West a distance of

16 195.00 feet;

17 (32) North 18°30′00′′ West a distance of

18 170.00 feet;

19 (33) North 26°30′00′′ West a distance of

20 340.00 feet;

21 (34) North 32°07′52′′ West a distance of

22 232.38 feet;

23 (35) North 30°04′26′′ West a distance of

24 17.96 feet;
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1 (36) North 23°19′13′′ West a distance of

2 111.23 feet;

3 (37) North 7°07′58′′ West a distance of

4 63.90 feet;

5 (38) North 8°11′02′′ West a distance of

6 378.90 feet;

7 (39) North 15°01′02′′ West a distance of

8 190.64 feet;

9 (40) North 2°55′00′′ West a distance of

10 170.00 feet;

11 (41) North 6°45′00′′ West a distance of

12 240.00 feet;

13 (42) North 0°10′00′′ East a distance of

14 465.00 feet;

15 (43) North 2°00′38′′ West a distance of

16 378.58 feet to the northerly line of Letters Patent

17 dated February 21, 1968 and recorded in the

18 Erie County Clerk’s Office under Liber 7453 of

19 Deeds at Page 45.

20 Thence North 71°23′35′′ East along the north line of

21 the aforementioned Letters Patent a distance of

22 154.95 feet to the shore line; thence along the shore

23 line the following 6 courses and distances:

24 (1) South 80°14′01′′ East a distance of

25 119.30 feet;
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1 (2) North 46°15′13′′ East a distance of

2 47.83 feet;

3 (3) North 59°53′02′′ East a distance of

4 53.32 feet;

5 (4) North 38°20′43′′ East a distance of

6 27.31 feet;

7 (5) North 68°12′46′′ East a distance of

8 48.67 feet;

9 (6) North 26°11′47′′ East a distance of

10 11.48 feet to the northerly line of the aforemen11 tioned Letters Patent.

12 Thence along the northerly line of said Letters Patent,

13 North 71°23′35′′ East a distance of 1755.19 feet;

14 thence South 35°27′25′′ East a distance of 35.83 feet

15 to a point on the U.S. Harbor Line; thence, North

16 54°02′35′′ East along the U.S. Harbor Line a dis17 tance of 200.00 feet; thence continuing along the U.S.

18 Harbor Line, North 50°01′45′′ East a distance of

19 379.54 feet to the westerly line of the lands of Gate20 way Trade Center, Inc.; thence along the lands of

21 Gateway Trade Center, Inc. the following 27 courses

22 and distances:

23 (1) South 18°44′53′′ East a distance of

24 623.56 feet;
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1 (2) South 34°33′00′′ East a distance of

2 200.00 feet;

3 (3) South 26°18′55′′ East a distance of

4 500.00 feet;

5 (4) South 19°06′40′′ East a distance of

6 1074.29 feet;

7 (5) South 28°03′18′′ East a distance of

8 242.44 feet;

9 (6) South 18°38′50′′ East a distance of

10 1010.95 feet;

11 (7) North 71°20′51′′ East a distance of

12 90.42 feet;

13 (8) South 18°49′20′′ East a distance of

14 158.61 feet;

15 (9) South 80°55′10′′ East a distance of

16 45.14 feet;

17 (10) South 18°04′45′′ East a distance of

18 52.13 feet;

19 (11) North 71°07′23′′ East a distance of

20 102.59 feet;

21 (12) South 18°41′40′′ East a distance of

22 63.00 feet;

23 (13) South 71°07′23′′ West a distance of

24 240.62 feet;
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1 (14) South 18°38′50′′ East a distance of

2 668.13 feet;

3 (15) North 71°28′46′′ East a distance of

4 958.68 feet;

5 (16) North 18°42′31′′ West a distance of

6 1001.28 feet;

7 (17) South 71°17′29′′ West a distance of

8 168.48 feet;

9 (18) North 18°42′31′′ West a distance of

10 642.00 feet;

11 (19) North 71°17′37′′ East a distance of

12 17.30 feet;

13 (20) North 18°42′31′′ West a distance of

14 574.67 feet;

15 (21) North 71°17′29′′ East a distance of

16 151.18 feet;

17 (22) North 18°42′31′′West a distance of

18 1156.43 feet;

19 (23) North 71°29′21′′ East a distance of

20 569.24 feet;

21 (24) North 18°30′39′′ West a distance of

22 314.71 feet;

23 (25) North 70°59′36′′ East a distance of

24 386.47 feet;
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1 (26) North 18°30′39′′ West a distance of

2 70.00 feet;

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

4 400.00 feet to the place or point of beginning.

5 Containing 1,142.958 acres.

6 (c) LIMITS ON APPLICABILITY; REGULATORY RE7 QUIREMENTS.—The declaration under subsection (a) shall

8 apply to those parts of the areas described in subsection (b)

9 which are filled portions of Lake Erie. Any work on these

10 filled portions is subject to all applicable Federal statutes

11 and regulations, including sections 9 and 10 of the Act of

12 March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401 and 403),

13 commonly known as the River and Harbors Appropriation

14 Act of 1899, section 404 of the Federal Water Pollution Con15 trol Act (33 U.S.C. 1344), and the National Environmental

16 Policy Act of 1969.

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

18 enactment of this Act, any area or part thereof described

19 in subsection (a) of this section is not occupied by perma20 nent structures in accordance with the requirements set out

21 in subsection (c) of this section, or if work in connection

22 with any activity permitted in subsection (c) is not com23 menced within 5 years after issuance of such permits, then

24 the declaration of nonnavigability for such area or part

25 thereof shall expire.
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1 SEC. 352. PROJECT DEAUTHORIZATIONS.

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

3 of projects are not authorized after the date of enactment

4 of this Act:

5 (1) BLACK WARRIOR AND TOMBIGBEE RIVERS,

6 JACKSON, ALABAMA.—The project for navigation,

7 Black Warrior and Tombigbee Rivers, vicinity of

8 Jackson, Alabama, authorized by section 106 of the

9 Energy and Water Development Appropriations Act,

10 1987 (100 Stat. 3341–199).

11 (2) SACRAMENTO DEEP WATER SHIP CHANNEL,

12 CALIFORNIA.—The portion of the project for naviga13 tion, Sacramento Deep Water Ship Channel, Cali14 fornia, authorized by section 202(a) of the Water Re15 sources Development Act of 1986 (100 Stat. 4092), be16 ginning from the confluence of the Sacramento River

17 and the Barge Canal to a point 3,300 feet west of the

18 William G. Stone Lock western gate (including the

19 William G. Stone Lock and the Bascule Bridge and

20 Barge Canal). All waters within such portion of the

21 project are declared to be nonnavigable waters of the

22 United States solely for purposes of the General

23 Bridge Act of 1946 (33 U.S.C. 525 et seq.) and sec24 tion 9 of the Act of March 3, 1899 (33 U.S.C. 401),

25 commonly known as the Rivers and Harbors Appro26 priation Act of 1899.
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1 (3) BAY ISLAND CHANNEL, QUINCY, ILLINOIS.—

2 The access channel across Bay Island into Quincy

3 Bay at Quincy, Illinois, constructed under section

4 107 of the River and Harbor Act of 1960 (33 U.S.C.

5 577).

6 (4) WARSAW BOAT HARBOR, ILLINOIS.—The por7 tion of the project for navigation, Illinois Waterway,

8 Illinois and Indiana, authorized by section 101 of the

9 River and Harbor Act of 1962 (76 Stat. 1175), known

10 as the Warsaw Boat Harbor, Illinois.

11 (5) ROCKPORT HARBOR, ROCKPORT, MASSACHU12 SETTS.—The following portions of the project for

13 navigation, Rockport Harbor, Massachusetts, carried

14 out under section 107 of the River and Harbor Act

15 of 1960 (33 U.S.C. 577):

16 (A) The portion of the 10-foot harbor chan17 nel the boundaries of which begin at a point

18 with coordinates N605,741.948, E838,031.378,

19 thence running north 36 degrees 04 minutes 40.9

20 seconds east 123.386 feet to a point

21 N605,642.226, E838,104.039, thence running

22 south 05 degrees 08 minutes 35.1 seconds east

23 24.223 feet to a point N605,618.100,

24 E838,106.210, thence running north 41 degrees

25 05 minutes 10.9 seconds west 141.830 feet to a
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1 point N605,725.000, E838,013.000, thence run2 ning north 47 degrees 19 minutes 04.1 seconds

3 east 25.000 feet to the point of origin.

4 (B) The portion of the 8-foot north basin

5 entrance channel the boundaries of which begin

6 at a point with coordinates N605,742.699,

7 E837,977.129, thence running south 89 degrees

8 12 minutes 27.1 seconds east 54.255 feet to a

9 point N605,741.948, E838,031.378, thence run10 ning south 47 degrees 19 minutes 04.1 seconds

11 west 25.000 feet to a point N605,725.000,

12 E838,013.000, thence running north 63 degrees

13 44 minutes 19.0 seconds west 40.000 feet to the

14 point of origin.

15 (C) The portion of the 8-foot south basin

16 anchorage the boundaries of which begin at a

17 point with coordinates N605,563.770,

18 E838,111.100, thence running south 05 degrees

19 08 minutes 35.1 seconds east 53.460 feet to a

20 point N605,510.525, E838,115.892, thence run21 ning south 52 degrees 10 minutes 55.5 seconds

22 west 145.000 feet to a point N605,421.618,

23 E838,001.348, thence running north 37 degrees

24 49 minutes 04.5 seconds west feet to a point

25 N605,480.960, E837,955.287, thence running
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1 south 64 degrees 52 minutes 33.9 seconds east

2 33.823 feet to a point N605,466.600,

3 E837,985.910, thence running north 52 degrees

4 10 minutes 55.5 seconds east 158.476 feet to the

5 point of origin.

6 (6) SCITUATE HARBOR, MASSACHUSETTS.—The

7 portion of the project for navigation, Scituate Harbor,

8 Massachusetts, authorized by section 101 of the River

9 and Harbor Act of 1954 (68 Stat. 1249), consisting

10 of an 8-foot anchorage basin and described as follows:

11 Beginning at a point with coordinates N438,739.53,

12 E810,354.75, thence running northwesterly about

13 200.00 feet to coordinates N438,874.02, E810,206.72,

14 thence running northeasterly about 400.00 feet to co15 ordinates N439,170.07, E810,475,70, thence running

16 southwesterly about 447.21 feet to the point of origin.

17 (7) DULUTH-SUPERIOR HARBOR, MINNESOTA

18 AND WISCONSIN.—The portion of the project for navi19 gation, Duluth-Superior Harbor, Minnesota and Wis20 consin, authorized by the first section of the Act enti21 tled ‘‘An Act making appropriations for the construc22 tion, repair, and preservation of certain public works

23 on rivers and harbors, and for other purposes’’, ap24 proved June 3, 1896 (29 Stat. 212), known as the

25 21st Avenue West Channel, beginning at the most
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1 southeasterly point of the channel N423074.09,

2 E2871635.43 thence running north-northwest about

3 1854.83 feet along the easterly limit of the project to

4 a point N424706.69, E2870755.48, thence running

5 northwesterly about 111.07 feet to a point on the

6 northerly limit of the project N424777.27,

7 E2870669.46, thence west-southwest 157.88 feet along

8 the north limit of the project to a point N424703.04,

9 E2870530.38, thence south-southeast 1978.27 feet to

10 the most southwesterly point N422961.45,

11 E2871469.07, thence northeasterly 201.00 feet along

12 the southern limit of the project to the point of origin.

13 (8) TREMLEY POINT, NEW JERSEY.—The portion

14 of the Federal navigation channel, New York and New

15 Jersey Channels, New York and New Jersey, author16 ized by the first section of the Act entitled ‘‘An Act

17 authorizing the construction, repair, and preservation

18 of certain public works on rivers and harbors, and for

19 other purposes’’, approved August 30, 1935 (49 Stat.

20 1028), and modified by section 101 of the River and

21 Harbor Act of 1950 (64 Stat. 164), that consists of a

22 35-foot deep channel beginning at a point along the

23 western limit of the authorized project, N644100.411,

24 E129256.91, thence running southeasterly about 38.25

25 feet to a point N644068.885, E129278.565, thence
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1 running southerly about 1,163.86 feet to a point

2 N642912.127, E129150.209, thence running south3 westerly about 56.89 feet to a point N642864.09,

4 E2129119.725, thence running northerly along the ex5 isting western limit of the existing project to the point

6 of origin.

7 (9) ANGOLA, NEW YORK.—The project for erosion

8 protection, Angola Water Treatment Plant, Angola,

9 New York, constructed under section 14 of the Flood

10 Control Act of 1946 (33 U.S.C. 701r).

11 (10) WALLABOUT CHANNEL, BROOKLYN, NEW

12 YORK.—The portion of the project for navigation,

13 Wallabout Channel, Brooklyn, New York, authorized

14 by the first section of the Act entitled ‘‘An Act making

15 appropriations for the construction, repair, and pres16 ervation of certain public works on rivers and har17 bors, and for other purposes’’, approved March 3,

18 1899 (30 Stat. 1124), that is located at the northeast

19 corner of the project and is described as follows:

20 Beginning at a point forming the northeast

21 corner of the project and designated with the co22 ordinate of North N 682,307.40; East 638,918.10;

23 thence along the following 6 courses and dis24 tances:
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1 (A) South 85 degrees, 44 minutes, 13

2 seconds East 87.94 feet (coordinate: N

3 682,300.86 E 639,005.80).

4 (B) North 74 degrees, 41 minutes, 30

5 seconds East 271.54 feet (coordinate: N

6 682,372.55 E 639,267.71).

7 (C) South 4 degrees, 46 minutes, 02

8 seconds West 170.95 feet (coordinate: N

9 682,202.20 E 639,253.50).

10 (D) South 4 degrees, 46 minutes, 02

11 seconds West 239.97 feet (coordinate: N

12 681,963.06 E 639,233.56).

13 (E) North 50 degrees, 48 minutes, 26

14 seconds West 305.48 feet (coordinate: N

15 682,156.10 E 638,996.80).

16 (F) North 3 degrees, 33 minutes, 25

17 seconds East 145.04 feet (coordinate: N

18 682,300.86 E 639,005.80).

19 (b) ROCKPORT HARBOR, MASSACHUSETTS.—The

20 project for navigation, Rockport Harbor, Massachusetts,

21 carried out under section 107 of the River and Harbor Act

22 of 1960 (33 U.S.C. 577), is modified—

23 (1) to redesignate a portion of the 8-foot north

24 outer anchorage as part of the 8-foot approach chan25 nel to the north inner basin described as follows: the
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1 perimeter of the area starts at a point with coordi2 nates N605,792.110, E838,020.009, thence running

3 south 89 degrees 12 minutes 27.1 seconds east 64.794

4 feet to a point N605,791.214, E838,084.797, thence

5 running south 47 degrees 18 minutes 54.0 seconds

6 west 40.495 feet to a point N605,763.760,

7 E838,055.030, thence running north 68 degrees 26

8 minutes 49.0 seconds west 43.533 feet to a point

9 N605,779.750, E838,014.540, thence running north 23

10 degrees 52 minutes 08.4 seconds east 13.514 feet to the

11 point of origin; and

12 (2) to realign a portion of the 8-foot north inner

13 basin approach channel by adding an area described

14 as follows: the perimeter of the area starts at a point

15 with coordinates N605,792.637, E837,981.920, thence

16 running south 89 degrees 12 minutes 27.1 seconds

17 east 38.093 feet to a point N605,792.110,

18 E838,020.009, thence running south 23 degrees 52

19 minutes 08.4 seconds west 13.514 feet to a point

20 N605,779.752, E838,014.541, thence running north 68

21 degrees 26 minutes 49.0 seconds west 35.074 feet to

22 the point of origin.

23 SEC. 353. WYOMING VALLEY, PENNSYLVANIA.

24 (a) IN GENERAL.—The project for flood control, Wyo25 ming Valley, Pennsylvania, authorized by section 401(a) of
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1 the Water Resources Development Act of 1986 (100 Stat.

2 4124) is modified as provided in this section.

3 (b) ADDITIONAL PROJECT ELEMENTS.—The Secretary

4 shall construct each of the following additional elements of

5 the project to the extent that the Secretary determines that

6 the element is technically feasible, environmentally accept7 able, and economically justified:

8 (1) The River Commons plan developed by the

9 non-Federal sponsor for both sides of the Susquehanna

10 River beside historic downtown Wilkes-Barre.

11 (2) Necessary portal modifications to the project

12 to allow at grade access from Wilkes-Barre to the Sus13 quehanna River to facilitate operation, maintenance,

14 replacement, repair, and rehabilitation of the project

15 and to restore access to the Susquehanna River for the

16 public.

17 (3) A concrete capped sheet pile wall in lieu of

18 raising an earthen embankment to reduce the disturb19 ance to the Historic River Commons area.

20 (4) All necessary modifications to the

21 Stormwater Pump Stations in Wyoming Valley.

22 (5) All necessary evaluations and modifications

23 to all elements of the existing flood control projects to

24 include Coal Creek, Toby Creek, Abrahams Creek, and
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1 various relief culverts and penetrations through the

2 levee.

3 (c) CREDIT.—The Secretary shall credit the Luzerne

4 County Flood Protection Authority toward the non-Federal

5 share of the cost of the project for the value of the Forty6 Fort ponding basin area purchased after June 1, 1972, by

7 Luzerne County, Pennsylvania, for an estimated cost of

8 $500,000 under section 102(w) of the Water Resources De9 velopment Act of 1992 (102 Stat. 508) to the extent that

10 the Secretary determines that the area purchased is integral

11 to the project.

12 (d) MODIFICATION OF MITIGATION PLAN AND

13 PROJECT COOPERATION AGREEMENT.—

14 (1) MODIFICATION OF MITIGATION PLAN.—The

15 Secretary shall provide for the deletion, from the

16 Mitigation Plan for the Wyoming Valley Levees, ap17 proved by the Secretary on February 15, 1996, the

18 proposal to remove the abandoned Bloomsburg Rail19 road Bridge.

20 (2) MODIFICATION OF PROJECT COOPERATION

21 AGREEMENT.—The Secretary shall modify the project

22 cooperation agreement, executed in October 1996, to

23 reflect removal of the railroad bridge and its

24 $1,800,000 total cost from the mitigation plan under

25 paragraph (1).
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1 (e) MAXIMUM PROJECT COST.—The total cost of the

2 project, as modified by this section, shall not exceed the

3 amount authorized in section 401(a) of the Water Resources

4 Development Act of 1986 (100 Stat. 4124), with increases

5 authorized by section 902 of the Water Resources Develop6 ment Act of 1986 (100 Stat. 4183).

7 SEC. 354. REHOBOTH BEACH AND DEWEY BEACH, DELA8 WARE.

9 The project for storm damage reduction and shoreline

10 protection, Rehoboth Beach and Dewey Beach, Delaware,

11 authorized by section 101(b)(6) of the Water Resources de12 velopment Act of 1996, is modified to authorize the project

13 at a total cost of $13,997,000, with an estimated Federal

14 cost of $9,098,000 and an estimated non-Federal cost of

15 $4,899,000, and an estimated average annual cost of

16 $1,320,000 for periodic nourishment over the 50-year life

17 of the project, with an estimated annual Federal cost of

18 $858,000 and an estimated annual non-Federal cost of

19 $462,000.

20 TITLE IV—STUDIES

21 SEC. 401. STUDIES OF COMPLETED PROJECTS.

22 The Secretary shall conduct a study under section 216

23 of the Flood Control Act of 1970 (84 Stat. 1830) of each

24 of the following completed projects:
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1 (1) ESCAMBIA BAY AND RIVER, FLORIDA.—

2 Project for navigation, Escambia Bay and River,

3 Florida.

4 (2) ILLINOIS RIVER, HAVANA, ILLINOIS.—Project

5 for flood control, Illinois River, Havana, Illinois, au6 thorized by section 5 of the Flood Control Act of June

7 22, 1936 (49 Stat. 1583).

8 (3) SPRING LAKE, ILLINOIS.—Project for flood

9 control, Spring Lake, Illinois, authorized by section 5

10 of the Flood Control Act of June 22, 1936 (49 Stat.

11 1584).

12 (4) PORT ORFORD, OREGON.—Project for flood

13 control, Port Orford, Oregon, authorized by section

14 301 of River and Harbor Act of 1965 (79 Stat. 1092).

15 SEC. 402. WATERSHED AND RIVER BASIN ASSESSMENTS.

16 Section 729 of the Water Resources Development Act

17 of 1986 (100 Stat. 4164) is amended to read as follows:

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

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

20 water resources needs of interstate river basins and water21 sheds of the United States. The assessments shall be under22 taken in cooperation and coordination with the Depart23 ments of the Interior, Agriculture, and Commerce, the Envi24 ronmental Protection Agency, and other appropriate agen25 cies, and may include an evaluation of ecosystem protection
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1 and restoration, flood damage reduction, navigation and

2 port needs, watershed protection, water supply, and drought

3 preparedness.

4 ‘‘(b) CONSULTATION.—The Secretary shall consult

5 with Federal, tribal, State, interstate, and local govern6 mental entities in carrying out the assessments authorized

7 by this section. In conducting the assessments, the Secretary

8 may accept contributions of services, materials, supplies

9 and cash from Federal, tribal, State, interstate, and local

10 governmental entities where the Secretary determines that

11 such contributions will facilitate completion of the assess12 ments.

13 ‘‘(c) PRIORITY CONSIDERATION.—The Secretary shall

14 give priority consideration to the following interstate river

15 basins and watersheds:

16 ‘‘(1) Delaware River.

17 ‘‘(2) Potomac River.

18 ‘‘(3) Susquehanna River.

19 ‘‘(4) Kentucky River.

20 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There is

21 authorized to be appropriated to carry out this section

22 $15,000,000.’’.
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1 SEC. 403. LOWER MISSISSIPPI RIVER RESOURCE ASSESS2 MENT.

3 (a) ASSESSMENTS.—The Secretary, in cooperation

4 with the Secretary of the Interior and the States of Arkan5 sas, Illinois, Kentucky, Louisiana, Mississippi, Missouri,

6 and Tennessee, shall undertake, at Federal expense, for the

7 Lower Mississippi River system—

8 (1) an assessment of information needed for

9 river-related management;

10 (2) an assessment of natural resource habitat

11 needs; and

12 (3) an assessment of the need for river-related

13 recreation and access.

14 (b) PERIOD.—Each assessment referred to in sub15 section (a) shall be carried out for 2 years.

16 (c) REPORTS.—Before the last day of the second year

17 of an assessment under subsection (a), the Secretary, in co18 operation with the Secretary of the Interior and the States

19 of Arkansas, Illinois, Kentucky, Louisiana, Mississippi,

20 Missouri, and Tennessee, shall transmit to Congress a re21 port on the results of the assessment to Congress. The report

22 shall contain recommendations for—

23 (1) the collection, availability, and use of infor24 mation needed for river-related management;
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1 (2) the planning, construction, and evaluation of

2 potential restoration, protection, and enhancement

3 measures to meet identified habitat needs; and

4 (3) potential projects to meet identified river ac5 cess and recreation needs.

6 (d) LOWER MISSISSIPPI RIVER SYSTEM DEFINED.—

7 In this section, the term ‘‘Lower Mississippi River system’’

8 means those river reaches and adjacent floodplains within

9 the Lower Mississippi River alluvial valley having commer10 cial navigation channels on the Mississippi mainstem and

11 tributaries south of Cairo, Illinois, and the Atchafalaya

12 basin floodway system.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated $1,750,000 to carry out this

15 section.

16 SEC. 404. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND

17 NUTRIENT STUDY.

18 (a) IN GENERAL.—The Secretary shall conduct, at

19 Federal expense, a study—

20 (1) to identify significant sources of sediment

21 and nutrients in the Upper Mississippi River basin;

22 and

23 (2) to describe and evaluate the processes by

24 which the sediments and nutrients move, on land and
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1 in water, from their sources to the Upper Mississippi

2 River and its tributaries.

3 (b) CONSULTATION.—In conducting the study, the Sec4 retary shall consult the Departments of Agriculture and the

5 Interior.

6 (c) COMPONENTS OF THE STUDY.—

7 (1) COMPUTER MODELING.—As part of the

8 study, the Secretary shall develop computer models at

9 the subwatershed and basin level to identify and

10 quantify the sources of sediment and nutrients and to

11 examine the effectiveness of alternative management

12 measures.

13 (2) RESEARCH.—As part of the study, the Sec14 retary shall conduct research to improve under15 standing of—

16 (A) the processes affecting sediment and nu17 trient (with emphasis on nitrogen and phos18 phorus) movement;

19 (B) the influences of soil type, slope, cli20 mate, vegetation cover, and modifications to the

21 stream drainage network on sediment and nutri22 ent losses; and

23 (C) river hydrodynamics in relation to sedi24 ment and nutrient transformations, retention,

25 and movement.
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1 (d) USE OF INFORMATION.—Upon request of a Federal

2 agency, the Secretary may provide information to the agen3 cy for use in sediment and nutrient reduction programs as4 sociated with land use and land management practices.

5 (e) REPORT TO CONGRESS.—Not later than 3 years

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

7 transmit to Congress a report on the results of the study,

8 including findings and recommendations.

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $10,000,000.

12 SEC. 405. UPPER MISSISSIPPI RIVER COMPREHENSIVE

13 PLAN.

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

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

16 enactment of this Act’’ and inserting ‘‘first date on which

17 funds are appropriated to carry out this section.’’.

18 SEC. 406. OHIO RIVER SYSTEM.

19 The Secretary may conduct a study of commodity

20 flows on the Ohio River system at Federal expense. The

21 study shall include an analysis of the commodities trans22 ported on the Ohio River system, including information on

23 the origins and destinations of these commodities and mar24 ket trends, both national and international.
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1 SEC. 407. EASTERN ARKANSAS.

2 (a) IN GENERAL.—The Secretary shall reevaluate the

3 recommendations in the Eastern Arkansas Region Com4 prehensive Study of the Memphis District Engineer, dated

5 August 1990, to determine whether the plans outlined in

6 the study for agricultural water supply from the Little Red

7 River, Arkansas, are feasible and in the Federal interest.

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

9 Secretary shall transmit to Congress a report on the results

10 of the reevaluation.

11 SEC. 408. RUSSELL, ARKANSAS.

12 (a) IN GENERAL.—The Secretary shall evaluate the

13 preliminary investigation report for agricultural water

14 supply, Russell, Arkansas, entitled ‘‘Preliminary Investiga15 tion: Lone Star Management Project’’, prepared for the

16 Lone Star Water Irrigation District, to determine whether

17 the plans contained in the report are feasible and in the

18 Federal interest.

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

20 Secretary shall transmit to Congress a report on the results

21 of the evaluation.

22 SEC. 409. ESTUDILLO CANAL, SAN LEANDRO, CALIFORNIA.

23 The Secretary shall conduct a study to determine the

24 feasibility of carrying out a project for flood damage reduc25 tion along the Estudillo Canal, San Leandro, California.
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1 SEC. 410. LAGUNA CREEK, FREMONT, CALIFORNIA.

2 The Secretary shall conduct a study to determine the

3 feasibility of carrying out a project for flood damage reduc4 tion in the Laguna Creek watershed, Fremont, California.

5 SEC. 411. LAKE MERRITT, OAKLAND, CALIFORNIA.

6 The Secretary shall conduct a study to determine the

7 feasibility of carrying out a project for ecosystem restora8 tion, flood damage reduction, and recreation at Lake Mer9 ritt, Oakland, California.

10 SEC. 412. LANCASTER, CALIFORNIA.

11 (a) IN GENERAL.—The Secretary shall evaluate the re12 port of the city of Lancaster, California, entitled ‘‘Master

13 Plan of Drainage’’, to determine whether the plans con14 tained in the report are feasible and in the Federal interest,

15 including plans relating to drainage corridors located at

16 52nd Street West, 35th Street West, North Armargosa, and

17 20th Street East.

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

19 Secretary shall transmit to Congress a report on the results

20 of the evaluation.

21 SEC. 413. NAPA COUNTY, CALIFORNIA.

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

23 determine the feasibility of carrying out a project to address

24 water supply, water quality, and groundwater problems at

25 Miliken, Sarco, and Tulocay Creeks in Napa County, Cali26 fornia.
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1 (b) USE OF EXISTING DATA.—In conducting the

2 study, the Secretary shall use data and information devel3 oped by the United States Geological Survey in the report

4 entitled ‘‘Geohydrologic Framework and Hydrologic Budget

5 of the Lower Miliken-Sarco-Tulocay Creeks Area of Napa,

6 California’’.

7 SEC. 414. OCEANSIDE, CALIFORNIA.

8 The Secretary shall conduct a study, at Federal ex9 pense, to determine the feasibility of carrying out a project

10 for shoreline protection at Oceanside, California. In con11 ducting the study, the Secretary shall determine the portion

12 of beach erosion that is the result of a Navy navigation

13 project at Camp Pendleton Harbor, California.

14 SEC. 415. SUISUN MARSH, CALIFORNIA.

15 The investigation for Suisun Marsh, California, au16 thorized under the Energy and Water Development Appro17 priations Act, 2000 (Public Law 106–60), shall be limited

18 to evaluating the feasibility of the levee enhancement and

19 managed wetlands protection program for Suisun Marsh,

20 California.

21 SEC. 416. LAKE ALLATOONA WATERSHED, GEORGIA.

22 Section 413 of the Water Resources Development Act

23 of 1999 (113 Stat. 324) is amended to read as follows:
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1 ‘‘SEC. 413. LAKE ALLATOONA WATERSHED, GEORGIA.

2 ‘‘(a) IN GENERAL.—The Secretary shall conduct a

3 comprehensive study of the Lake Allatoona watershed, Geor4 gia, to determine the feasibility of undertaking ecosystem

5 restoration and resource protection measures.

6 ‘‘(b) MATTERS TO BE ADDRESSED.—The study shall

7 address streambank and shoreline erosion, sedimentation,

8 water quality, fish and wildlife habitat degradation and

9 other problems relating to ecosystem restoration and re10 source protection in the Lake Allatoona watershed.’’.

11 SEC. 417. CHICAGO RIVER, CHICAGO, ILLINOIS.

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

13 study to determine the feasibility of carrying out a project

14 for shoreline protection along the Chicago River, Chicago,

15 Illinois.

16 (b) CONSULTATION.—In conducting the study, the Sec17 retary shall consult, and incorporate information available

18 from, appropriate Federal, State, and local government

19 agencies.

20 SEC. 418. CHICAGO SANITARY AND SHIP CANAL SYSTEM,

21 CHICAGO, ILLINOIS.

22 The Secretary shall conduct a study to determine the

23 advisability of reducing the use of the waters of Lake Michi24 gan to support navigation in the Chicago sanitary and ship

25 canal system, Chicago, Illinois.
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1 SEC. 419. LONG LAKE, INDIANA.

2 The Secretary shall conduct a study to determine the

3 feasibility of carrying out a project for environmental res4 toration and protection, Long Lake, Indiana.

5 SEC. 420. BRUSH AND ROCK CREEKS, MISSION HILLS AND

6 FAIRWAY, KANSAS.

7 (a) IN GENERAL.—The Secretary shall evaluate the

8 preliminary engineering report for the project for flood con9 trol, Mission Hills and Fairway, Kansas, entitled ‘‘Prelimi10 nary Engineering Report: Brush Creek/Rock Creek Drain11 age Improvements, 66th Street to State Line Road’’, to de12 termine whether the plans contained in the report are fea13 sible and in the Federal interest.

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

15 Secretary shall transmit to Congress a report on the results

16 of the evaluation.

17 SEC. 421. COASTAL AREAS OF LOUISIANA.

18 The Secretary shall conduct a study to determine the

19 feasibility of developing measures to floodproof major hurri20 cane evacuation routes in the coastal areas of Louisiana.

21 SEC. 422. IBERIA PORT, LOUISIANA.

22 The Secretary shall conduct a study to determine the

23 feasibility of carrying out a project for navigation, Iberia

24 Port, Louisiana.
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1 SEC. 423. LAKE PONTCHARTRAIN SEAWALL, LOUISIANA.

2 Not later than 180 days after the date of enactment

3 of this Act, the Secretary shall complete a post-authoriza4 tion change report on the project for hurricane-flood protec5 tion, Lake Pontchartrain, Louisiana, authorized by section

6 204 of the Flood Control Act of 1965 (79 Stat. 1077), to

7 incorporate and accomplish structural modifications to the

8 seawall providing protection along the south shore of Lake

9 Pontchartrain from the New Basin Canal on the west to

10 the Inner Harbor Navigation Canal on the east.

11 SEC. 424. LOWER ATCHAFALAYA BASIN, LOUISIANA.

12 As part of the Lower Atchafalaya basin reevaluation

13 study, the Secretary shall determine the feasibility of car14 rying out a project for flood damage reduction,

15 Stephensville, Louisiana.

16 SEC. 425. ST. JOHN THE BAPTIST PARISH, LOUISIANA.

17 The Secretary shall conduct a study to determine the

18 feasibility of carrying out a project for flood damage reduc19 tion on the east bank of the Mississippi River in St. John

20 the Baptist Parish, Louisiana.

21 SEC. 426. LAS VEGAS VALLEY, NEVADA.

22 Section 432(b) of the Water Resources Development Act

23 of 1999 (113 Stat. 327) is amended by inserting ‘‘recre24 ation,’’ after ‘‘runoff),’’.
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1 SEC. 427. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEX2 ICO.

3 Section 433 of the Water Resources Development Act

4 of 1999 (113 Stat. 327) is amended—

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

6 ‘‘The’’; and

7 (2) by adding at the end the following:

8 ‘‘(b) EVALUATION OF FLOOD DAMAGE REDUCTION

9 MEASURES.—In conducting the study, the Secretary shall

10 evaluate flood damage reduction measures that would other11 wise be excluded from the feasibility analysis based on poli12 cies of the Corps of Engineers concerning the frequency of

13 flooding, the drainage area, and the amount of runoff.’’.

14 SEC. 428. BUFFALO HARBOR, BUFFALO, NEW YORK.

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

16 study to determine the advisability and potential impacts

17 of declaring as nonnavigable a portion of the channel at

18 Control Point Draw, Buffalo Harbor, Buffalo New York.

19 (b) CONTENTS.—The study conducted under this sec20 tion shall include an examination of other options to meet

21 intermodal transportation needs in the area.

22 SEC. 429. HUDSON RIVER, MANHATTAN, NEW YORK.

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

24 study to determine the feasibility of establishing a Hudson

25 River Park in Manhattan, New York City, New York. The

26 study shall address the issues of shoreline protection, envi-
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1 ronmental protection and restoration, recreation, water2 front access, and open space for the area between Battery

3 Place and West 59th Street.

4 (b) CONSULTATION.—In conducting the study under

5 subsection (a), the Secretary shall consult the Hudson River

6 Park Trust.

7 (c) REPORT.—Not later than 1 year after the date of

8 enactment of this section, the Secretary shall transmit to

9 Congress a report on the result of the study, including a

10 master plan for the park.

11 SEC. 430. JAMESVILLE RESERVOIR, ONONDAGA COUNTY,

12 NEW YORK.

13 The Secretary shall conduct a study to determine the

14 feasibility of carrying out a project for aquatic ecosystem

15 restoration, flood damage reduction, and water quality,

16 Jamesville Reservoir, Onondaga County, New York.

17 SEC. 431. STEUBENVIILLE, OHIO.

18 The Secretary shall conduct a study to determine the

19 feasibility of developing a public port along the Ohio River

20 in the vicinity of Steubenville, Ohio.

21 SEC. 432. GRAND LAKE, OKLAHOMA.

22 Section 560(a) of the Water Resources Development

23 Act of 1996 (110 Stat. 3783) is amended—
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1 (1) by striking ‘‘date of enactment of this Act’’

2 and inserting ‘‘date of enactment of the Water Re3 sources Development Act of 2000’’; and

4 (2) by inserting ‘‘and Miami’’ after ‘‘Pensacola

5 Dam’’.

6 SEC. 433. COLUMBIA SLOUGH, OREGON.

7 Not later than 180 days after the date of enactment

8 of this Act, the Secretary shall complete under section 1135

9 of the Water Resource Development Act of 1986 (33 U.S.C.

10 2309a) a feasiblility study for the ecosystem restoration

11 project at Columbia Slough, Oregon. If the Secretary deter12 mines that the project is feasible, the Secretary may carry

13 out the project on an expedited basis under such section.

14 SEC. 434. REEDY RIVER, GREENVILLE, SOUTH CAROLINA.

15 The Secretary shall conduct a study to determine the

16 feasibility of carrying out a project for aquatic ecosystem

17 restoration, flood damage reduction, and streambank sta18 bilization on the Reedy River, Cleveland Park West, Green19 ville, South Carolina.

20 SEC. 435. GERMANTOWN, TENNESSEE.

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

22 study to determine the feasibility of carrying out a project

23 for flood control and related purposes along Miller Farms

24 Ditch, Howard Road Drainage, and Wolf River Lateral D,

25 Germantown, Tennessee.
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1 (b) COST SHARING.—The Secretary—

2 (1) shall credit toward the non-Federal share of

3 the costs of the feasibility study the value of the in4 kind services provided by the non-Federal interests re5 lating to the planning, engineering, and design of the

6 project, whether carried out before or after execution

7 of the feasibility study cost-sharing agreement if the

8 Secretary determines the work is necessary for com9 pletion of the study; and

10 (2) for the purposes of paragraph (1), shall con11 sider the feasibility study to be conducted as part of

12 the Memphis Metro Tennessee and Mississippi study

13 authorized by resolution of the Committee on Trans14 portation and Infrastructure, dated March 7, 1996.

15 (c) LIMITATION.—The Secretary may not reject the

16 project under the feasibility study based solely on a min17 imum amount of stream runoff.

18 SEC. 436. PARK CITY, UTAH.

19 The Secretary shall conduct a study to determine the

20 feasibility of carrying out a project for water supply, Park

21 City, Utah.

22 SEC. 437. MILWAUKEE, WISCONSIN.

23 (a) IN GENERAL.—The Secretary shall evaluate the re24 port for the project for flood damage reduction and environ25 mental restoration, Milwaukee, Wisconsin, entitled ‘‘In-
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1 terim Executive Summary: Menominee River Flood Man2 agement Plan’’, dated September 1999, to determine wheth3 er the plans contained in the report are cost-effective, tech4 nically sound, environmentally acceptable, and in the Fed5 eral interest.

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

7 Secretary shall transmit to Congress a report on the results

8 of the evaluation.

9 SEC. 438. UPPER DES PLAINES RIVER AND TRIBUTARIES, IL10 LINOIS AND WISCONSIN.

11 Section 419 of the Water Resources Development Act

12 of 1999 (113 Stat. 324–325) is amended by adding at the

13 end the following:

14 ‘‘(d) CREDIT.—The Secretary shall provide the non15 Federal interest credit toward the non-Federal share of the

16 cost of the study for work performed by the non-Federal in17 terest before the date of the study’s feasibility cost-share

18 agreement if the Secretary determines that the work is inte19 gral to the study.’’.

20 SEC. 439. DELAWARE RIVER WATERSHED.

21 (a) STUDY.—The Secretary shall conduct studies and

22 assessments to analyze the sources and impacts of sediment

23 contamination in the Delaware River watershed.
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1 (b) ACTIVITIES.—Activities authorized under this sec2 tion shall be conducted by a university with expertise in

3 research in contaminated sediment sciences.

4 (c) AUTHORIZATION OF APPROPRIATIONS.—

5 (1) AUTHORIZATION OF APPROPRIATIONS.—

6 There is authorized to be appropriated to the Sec7 retary to carry out this section $5,000,000. Such

8 sums shall remain available until expended.

9 (2) CORPS OF ENGINEERS EXPENSES.—10 per10 cent of the amounts appropriated to carry out this

11 section may be used by the Corps of Engineers district

12 offices to administer and implement studies and as13 sessments under this section.

14 TITLE V—MISCELLANEOUS

15 PROVISIONS

16 SEC. 501. BRIDGEPORT, ALABAMA.

17 (a) DETERMINATION.—The Secretary shall review the

18 construction of a channel performed by the non-Federal in19 terest at the project for navigation, Tennessee River, Bridge20 port, Alabama, to determine the Federal navigation interest

21 in such work.

22 (b) REIMBURSEMENT.—If the Secretary determines

23 under subsection (a) that the work performed by the non24 Federal interest is consistent with the Federal navigation

25 interest, the Secretary shall reimburse the non-Federal in-
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1 terest an amount equal to the Federal share of the cost of

2 construction of the channel.

3 SEC. 502. DUCK RIVER, CULLMAN, ALABAMA.

4 The Secretary shall provide technical assistance to the

5 city of Cullman, Alabama, in the management of construc6 tion contracts for the reservoir project on the Duck River.

7 SEC. 503. SEWARD, ALASKA.

8 The Secretary shall carry out, on an emergency one9 time basis, necessary repairs of the Lowell Creek Tunnel

10 in Seward, Alaska, at Federal expense and a total cost of

11 $3,000,000.

12 SEC. 504. AUGUSTA AND DEVALLS BLUFF, ARKANSAS.

13 (a) IN GENERAL.—The Secretary may operate, main14 tain, and rehabilitate 37 miles of levees in and around Au15 gusta and Devalls Bluff, Arkansas.

16 (b) REIMBURSEMENT.—After incurring any cost for

17 operation, maintenance, or rehabilitation under subsection

18 (a), the Secretary may seek reimbursement from the Sec19 retary of the Interior of an amount equal to the portion

20 of such cost that the Secretary determines is a benefit to

21 a Federal wildlife refuge.

22 SEC. 505. BEAVER LAKE, ARKANSAS.

23 The contract price for additional storage for the Car24 roll-Boone Water District beyond that which is provided for

25 in section 521 of the Water Resources Development Act of
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1 1999 (113 Stat. 345) shall be based on the original construc2 tion cost of Beaver Lake and adjusted to the 2000 price

3 level net of inflation between the date of initiation of con4 struction and the date of enactment of this Act.

5 SEC. 506. McCLELLAN-KERR ARKANSAS RIVER NAVIGATION

6 SYSTEM, ARKANSAS AND OKLAHOMA.

7 Taking into account the need to realize the total eco8 nomic potential of the McClellan-Kerr Arkansas River

9 navigation system, the Secretary shall expedite completion

10 of the Arkansas River navigation study, including the feasi11 bility of increasing the authorized channel from 9 feet to

12 12 feet and, if justified, proceed directly to project

13 preconstruction engineering and design.

14 SEC. 507. CALFED BAY DELTA PROGRAM ASSISTANCE, CALI15 FORNIA.

16 (a) IN GENERAL.—The Secretary may participate

17 with appropriate Federal and State agencies in planning

18 and management activities associated with the CALFED

19 Bay Delta Program (in this section referred to as the ‘‘Pro20 gram’’) and shall, to the maximum extent practicable and

21 in accordance with all applicable laws, integrate the activi22 ties of the Corps of Engineers in the San Joaquin and Sac23 ramento River basins with the long-term goals of the Pro24 gram.
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1 (b) COOPERATIVE ACTIVITIES.—In carrying out this

2 section, the Secretary—

3 (1) may accept and expend funds from other

4 Federal agencies and from public, private, and non5 profit entities to carry out ecosystem restoration

6 projects and activities associated with the Program;

7 and

8 (2) may enter into contracts, cooperative re9 search and development agreements, and cooperative

10 agreements, with Federal and public, private, and

11 non-profit entities to carry out such projects and ac12 tivities.

13 (c) GEOGRAPHIC SCOPE.—For the purposes of the par14 ticipation of the Secretary under this section, the geo15 graphic scope of the Program shall be the San Francisco

16 Bay and the Sacramento-San Joaquin Delta Estuary and

17 their watershed (also known as the ‘‘Bay-Delta Estuary’’),

18 as identified in the agreement entitled the ‘‘Framework

19 Agreement Between the Governor’s Water Policy Council of

20 the State of California and the Federal Ecosystem Direc21 torate’’.

22 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $5,000,000 for fiscal years 2002 through 2005.
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1 SEC. 508. CLEAR LAKE BASIN, CALIFORNIA.

2 Amounts made available to the Secretary by the En3 ergy and Water Appropriations Act, 2000 (113 Stat. 483

4 et seq.) for the project for aquatic ecosystem restoration,

5 Clear Lake basin, California, to be carried out under sec6 tion 206 of the Water Resources Development Act of 1996

7 (33 U.S.C. 2330), may only be used for the wetlands res8 toration and creation elements of the project.

9 SEC. 509. CONTRA COSTA CANAL, OAKLEY AND KNIGHTSEN,

10 CALIFORNIA.

11 The Secretary shall carry out a project for flood dam12 age reduction under section 205 of the Flood Control Act

13 of 1948 (33 U.S.C. 701s) at the Contra Costa Canal, Oakley

14 and Knightsen, California, if the Secretary determines that

15 the project is technically sound, environmentally acceptable,

16 and economically justified.

17 SEC. 510. HUNTINGTON BEACH, CALIFORNIA.

18 The Secretary shall carry out under section 205 of the

19 Flood Control Act of 1948 (33 U.S.C. 701s) a project for

20 flood damage reduction in Huntington Beach, California,

21 if the Secretary determines that the project is technically

22 sound, environmentally acceptable, and economically justi23 fied.

24 SEC. 511. MALLARD SLOUGH, PITTSBURG, CALIFORNIA.

25 The Secretary shall carry out under section 205 of the

26 Flood Control Act of 1948 (33 U.S.C. 701s) a project for
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1 flood damage reduction in Mallard Slough, Pittsburg, Cali2 fornia, if the Secretary determines that the project is tech3 nically sound, environmentally acceptable, and economi4 cally justified.

5 SEC. 512. PENN MINE, CALAVERAS COUNTY, CALIFORNIA.

6 (a) IN GENERAL.—The Secretary shall reimburse the

7 non-Federal interest for the project for aquatic ecosystem

8 restoration, Penn Mine, Calaveras County, California, car9 ried out under section 206 of the Water Resources Develop10 ment Act of 1996 (33 U.S.C. 2330), $4,100,000 for the Fed11 eral share of costs incurred by the non-Federal interest for

12 work carried out by the non-Federal interest for the project.

13 (b) SOURCE OF FUNDING.—Reimbursement under sub14 section (a) shall be from amounts appropriated before the

15 date of enactment of this Act for the project described in

16 subsection (a).

17 SEC. 513. PORT OF SAN FRANCISCO, CALIFORNIA.

18 (a) EMERGENCY MEASURES.—The Secretary shall

19 carry out, on an emergency basis, measures to address

20 health, safety, and environmental risks posed by floatables

21 and floating debris originating from Piers 24 and 64 in

22 the Port of San Francisco, California, by removing such

23 floatables and debris.

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

25 determine the risk to navigation posed by floatables and
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1 floating debris originating from Piers 24 and 64 in the Port

2 of San Francisco, California, and the cost of removing such

3 floatables and debris.

4 (c) FUNDING.—There is authorized to be appropriated

5 $3,000,000 to carry out this section.

6 SEC. 514. SAN GABRIEL BASIN, CALIFORNIA.

7 (a) SAN GABRIEL BASIN RESTORATION.—

8 (1) ESTABLISHMENT OF FUND.—There shall be

9 established within the Treasury of the United States

10 an interest bearing account to be known as the San

11 Gabriel Basin Restoration Fund (in this section re12 ferred to as the ‘‘Restoration Fund’’).

13 (2) ADMINISTRATION OF FUND.—The Restoration

14 Fund shall be administered by the Secretary, in co15 operation with the San Gabriel Basin Water Quality

16 Authority or its successor agency.

17 (3) PURPOSES OF FUND.—

18 (A) IN GENERAL.—Subject to subparagraph

19 (B), the amounts in the Restoration Fund, in20 cluding interest accrued, shall be utilized by the

21 Secretary—

22 (i) to design and construct water qual23 ity projects to be administered by the San

24 Gabriel Basin Water Quality Authority and

25 the Central Basin Water Quality Project to
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1 be administered by the Central Basin Mu2 nicipal Water District; and

3 (ii) to operate and maintain any

4 project constructed under this section for

5 such period as the Secretary determines, but

6 not to exceed 10 years, following the initial

7 date of operation of the project.

8 (B) COST-SHARING LIMITATION.—The Sec9 retary may not obligate any funds appropriated

10 to the Restoration Fund in a fiscal year until

11 the Secretary has deposited in the Fund an

12 amount provided by non-Federal interests suffi13 cient to ensure that at least 35 percent of any

14 funds obligated by the Secretary are from funds

15 provided to the Secretary by the non-Federal in16 terests. The San Gabriel Basin Water Quality

17 Authority shall be responsible for providing the

18 non-Federal amount required by the preceding

19 sentence. The State of California, local govern20 ment agencies, and private entities may provide

21 all or any portion of such amount.

22 (b) COMPLIANCE WITH APPLICABLE LAW.—In car23 rying out the activities described in this section, the Sec24 retary shall comply with any applicable Federal and State

25 laws.
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1 (c) RELATIONSHIP TO OTHER ACTIVITIES.—Nothing

2 in this section shall be construed to affect other Federal or

3 State authorities that are being used or may be used to fa4 cilitate the cleanup and protection of the San Gabriel and

5 Central groundwater basins. In carrying out the activities

6 described in this section, the Secretary shall integrate such

7 activities with ongoing Federal and State projects and ac8 tivities. None of the funds made available for such activities

9 pursuant to this section shall be counted against any Fed10 eral authorization ceiling established for any previously au11 thorized Federal projects or activities.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) IN GENERAL.—There is authorized to be ap14 propriated to the Restoration Fund established under

15 subsection (a) $85,000,000. Such funds shall remain

16 available until expended.

17 (2) SET-ASIDE.—Of the amounts appropriated

18 under paragraph (1), no more than $10,000,000 shall

19 be available to carry out the Central Basin Water

20 Quality Project.

21 (e) ADJUSTMENT.—Of the $25,000,000 made available

22 for San Gabriel Basin Groundwater Restoration, Cali23 fornia, under the heading ‘‘Construction, General’’ in title

24 I of the Energy and Water Development Appropriations

25 Act, 2001—
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1 (1) $2,000,000 shall be available only for studies

2 and other investigative activities and planning and

3 design of projects determined by the Secretary to offer

4 a long-term solution to the problem of groundwater

5 contamination caused by perchlorates at sites located

6 in the city of Santa Clarita, California; and

7 (2) $23,000,000 shall be deposited in the Res8 toration Fund, of which $4,000,000 shall be used for

9 remediation in the Central Basin, California.

10 SEC. 515. STOCKTON, CALIFORNIA.

11 The Secretary shall evaluate the feasibility of the

12 Lower Mosher Slough element and the levee extensions on

13 the Upper Calaveras River element of the project for flood

14 control, Stockton Metropolitan Area, California, carried out

15 under section 211(f)(3) of the Water Resources Development

16 Act of 1996 (110 Stat. 3683), to determine the eligibility

17 of such elements for reimbursement under section 211 of

18 such Act (33 U.S.C. 701b–13). If the Secretary determines

19 that such elements are technically sound, environmentally

20 acceptable, and economically justified, the Secretary shall

21 reimburse under section 211 of such Act the non-Federal

22 interest for the Federal share of the cost of such elements.

23 SEC. 516. PORT EVERGLADES, FLORIDA.

24 Notwithstanding the absence of a project cooperation

25 agreement, the Secretary shall reimburse the non-Federal
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1 interest for the project for navigation, Port Everglades Har2 bor, Florida, $15,003,000 for the Federal share of costs in3 curred by the non-Federal interest in carrying out the

4 project and determined by the Secretary to be eligible for

5 reimbursement under the limited reevaluation report of the

6 Corps of Engineers, dated April 1998.

7 SEC. 517. FLORIDA KEYS WATER QUALITY IMPROVEMENTS.

8 (a) IN GENERAL.—In coordination with the Florida

9 Keys Aqueduct Authority, appropriate agencies of munici10 palities of Monroe County, Florida, and other appropriate

11 public agencies of the State of Florida or Monroe County,

12 the Secretary may provide technical and financial assist13 ance to carry out projects for the planning, design, and con14 struction of treatment works to improve water quality in

15 the Florida Keys National Marine Sanctuary.

16 (b) CRITERIA FOR PROJECTS.—Before entering into a

17 cooperation agreement to provide assistance with respect to

18 a project under this section, the Secretary shall ensure

19 that—

20 (1) the non-Federal sponsor has completed ade21 quate planning and design activities, as applicable;

22 (2) the non-Federal sponsor has completed a fi23 nancial plan identifying sources of non-Federal fund24 ing for the project;

25 (3) the project complies with—
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1 (A) applicable growth management ordi2 nances of Monroe County, Florida;

3 (B) applicable agreements between Monroe

4 County, Florida, and the State of Florida to

5 manage growth in Monroe County, Florida; and

6 (C) applicable water quality standards; and

7 (4) the project is consistent with the master

8 wastewater and stormwater plans for Monroe County,

9 Florida.

10 (c) CONSIDERATION.—In selecting projects under sub11 section (a), the Secretary shall consider whether a project

12 will have substantial water quality benefits relative to other

13 projects under consideration.

14 (d) CONSULTATION.—In carrying out this section, the

15 Secretary shall consult with—

16 (1) the Water Quality Steering Committee estab17 lished under section 8(d)(2)(A) of the Florida Keys

18 National Marine Sanctuary and Protection Act (106

19 Stat. 5054);

20 (2) the South Florida Ecosystem Restoration

21 Task Force established by section 528(f) of the Water

22 Resources Development Act of 1996 (110 Stat. 3771–

23 3773);
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1 (3) the Commission on the Everglades established

2 by executive order of the Governor of the State of

3 Florida; and

4 (4) other appropriate State and local government

5 officials.

6 (e) NON-FEDERAL SHARE.—

7 (1) IN GENERAL.—The non-Federal share of the

8 cost of a project carried out under this section shall

9 be 35 percent.

10 (2) CREDIT.—

11 (A) IN GENERAL.—The Secretary may pro12 vide the non-Federal interest credit toward cash

13 contributions required—

14 (i) before and during the construction

15 of the project, for the costs of planning, en16 gineering, and design, and for the construc17 tion management work that is performed by

18 the non-Federal interest and that the Sec19 retary determines is necessary to implement

20 the project; and

21 (ii) during the construction of the

22 project, for the construction that the non23 Federal interest carries out on behalf of the

24 Secretary and that the Secretary determines

25 is necessary to carry out the project.
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1 (B) TREATMENT OF CREDIT BETWEEN

2 PROJECTS.—Any credit provided under this

3 paragraph may be carried over between author4 ized projects.

5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $100,000,000. Such sums shall remain available until ex8 pended.

9 SEC. 518. BALLARD’S ISLAND, LASALLE COUNTY, ILLINOIS.

10 The Secretary may provide the non-Federal interest

11 for the project for the improvement of the quality of the

12 environment, Ballard’s Island, LaSalle County, Illinois,

13 carried out under section 1135 of the Water Resources De14 velopment Act of 1986 (33 U.S.C 2309a), credit toward the

15 non-Federal share of the cost of the project for work per16 formed by the non-Federal interest after July 1, 1999, if

17 the Secretary determines that the work is integral to the

18 project.

19 SEC. 519. LAKE MICHIGAN DIVERSION, ILLINOIS.

20 Section 1142(b) of the Water Resources Development

21 Act of 1986 (110 Stat. 4253; 113 Stat. 339) is amended

22 by inserting after ‘‘2003’’ the following: ‘‘and $800,000 for

23 each fiscal year beginning after September 30, 2003,’’.
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1 SEC. 520. KOONTZ LAKE, INDIANA.

2 The Secretary shall provide the non-Federal interest

3 for the project for aquatic ecosystem restoration, Koontz

4 Lake, Indiana, carried out under section 206 of the Water

5 Resources Development Act of 1996 (22 U.S.C. 2330), credit

6 toward the non-Federal share of the cost of the project for

7 work performed by the non-Federal interest before the date

8 of execution of the project cooperation agreement if the Sec9 retary determines that the work is integral to the project.

10 SEC. 521. CAMPBELLSVILLE LAKE, KENTUCKY.

11 The Secretary shall repair the retaining wall and dam

12 at Campbellsville Lake, Kentucky, to protect the public road

13 on top of the dam at Federal expense and a total cost of

14 $200,000.

15 SEC. 522. WEST VIEW SHORES, CECIL COUNTY, MARYLAND.

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

17 this Act, the Secretary shall carry out an investigation of

18 the contamination of the well system in West View Shores,

19 Cecil County, Maryland. If the Secretary determines that

20 a disposal site for a Federal navigation project has contrib21 uted to the contamination of the well system, the Secretary

22 may provide alternative water supplies, including replace23 ment of wells, at Federal expense.
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1 SEC. 523. CONSERVATION OF FISH AND WILDLIFE, CHESA2 PEAKE BAY, MARYLAND AND VIRGINIA.

3 Section 704(b) of the Water Resources Development Act

4 of 1986 (33 U.S.C. 2263(b)) is amended by adding at the

5 end the following: ‘‘In addition, there is authorized to be

6 appropriated $20,000,000 to carry out paragraph (4).’’.

7 SEC. 524. MUDDY RIVER, BROOKLINE AND BOSTON, MASSA8 CHUSETTS.

9 The Secretary shall carry out the project for flood dam10 age reduction and environmental restoration, Muddy River,

11 Brookline and Boston, Massachusetts, substantially in ac12 cordance with the plans, and subject to the conditions, de13 scribed in the draft evaluation report of the New England

14 District Engineer entitled ‘‘Phase I Muddy River Master

15 Plan’’, dated June 2000.

16 SEC. 525. SOO LOCKS, SAULT STE. MARIE, MICHIGAN.

17 The Secretary may not require a cargo vessel equipped

18 with bow thrusters and friction winches that is transiting

19 the Soo Locks in Sault Ste. Marie, Michigan, to provide

20 more than 2 crew members to serve as line handlers on the

21 pier of a lock, except in adverse weather conditions or if

22 there is a mechanical failure on the vessel.
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1 SEC. 526. DULUTH, MINNESOTA, ALTERNATIVE TECH2 NOLOGY PROJECT.

3 (a) PROJECT AUTHORIZATION.—Section 541(a) of the

4 Water Resources Development Act of 1996 (110 Stat. 3777)

5 is amended—

6 (1) by striking ‘‘implement’’ and inserting ‘‘con7 duct full scale demonstrations of’’; and

8 (2) by inserting before the period the following:

9 ‘‘, including technologies evaluated for the New York/

10 New Jersey Harbor under section 405 of the Water

11 Resources Development Act of 1992 (33 U.S.C. 2239

12 note; 106 Stat. 4863)’’.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

14 541(b) of such Act is amended by striking ‘‘$1,000,000’’ and

15 inserting ‘‘$3,000,000’’.

16 SEC. 527. MINNEAPOLIS, MINNESOTA.

17 (a) IN GENERAL.—The Secretary, in cooperation with

18 the State of Minnesota, shall design and construct the

19 project for environmental restoration and recreation, Min20 neapolis, Minnesota, substantially in accordance with the

21 plans described in the report entitled ‘‘Feasibility Study for

22 Mississippi Whitewater Park, Minneapolis, Minnesota’’,

23 prepared for the Minnesota department of natural re24 sources, dated June 30, 1999.

25 (b) COST SHARING.—
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1 (1) IN GENERAL.—The non-Federal share of the

2 cost of the project shall be determined in accordance

3 with title I of the Water Resources Development Act

4 of 1986 (33 U.S.C. 2211 et seq.).

5 (2) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—

6 The non-Federal interest shall provide all lands, ease7 ments, rights-of-way, relocations, and dredged mate8 rial disposal areas necessary for construction of the

9 project and shall receive credit for the cost of pro10 viding such lands, easements, rights-of-way, reloca11 tions, and dredged material disposal areas toward the

12 non-Federal share of the cost of the project.

13 (3) OPERATION, MAINTENANCE, REPAIR, REHA14 BILITATION, AND REPLACEMENT.—The operation,

15 maintenance, repair, rehabilitation, and replacement

16 of the project shall be a non-Federal responsibility.

17 (4) CREDIT FOR NON-FEDERAL WORK.—The non18 Federal interest shall receive credit toward the non19 Federal share of the cost of the project for work per20 formed by the non-Federal interest before the date of

21 execution of the project cooperation agreement if the

22 Secretary determines that the work is integral to the

23 project.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated $10,000,000 to carry out this

3 section.

4 SEC. 528. ST. LOUIS COUNTY, MINNESOTA.

5 The Secretary shall carry out under section 204 of the

6 Water Resources Development Act of 1992 (33 U.S.C. 2326)

7 a project in St. Louis County, Minnesota, by making bene8 ficial use of dredged material from a Federal navigation

9 project.

10 SEC. 529. WILD RICE RIVER, MINNESOTA.

11 The Secretary shall prepare a general reevaluation re12 port on the project for flood control, Wild Rice River, Min13 nesota, authorized by section 201 of the Flood Control Act

14 of 1970 (84 Stat. 1825), and, if the Secretary determines

15 that the project is technically sound, environmentally ac16 ceptable, and economically justified, shall carry out the

17 project. In carrying out the reevaluation, the Secretary

18 shall include river dredging as a component of the study.

19 SEC. 530. COASTAL MISSISSIPPI WETLANDS RESTORATION

20 PROJECTS.

21 (a) IN GENERAL.—In order to further the purposes of

22 section 204 of the Water Resources Development Act of 1992

23 (33 U.S.C. 2326) and section 206 of the Water Resources

24 Development Act of 1996 (33 U.S.C. 2330), the Secretary

25 shall participate in restoration projects for critical coastal
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1 wetlands and coastal barrier islands in the State of Mis2 sissippi that will produce, consistent with existing Federal

3 programs, projects, and activities, immediate and substan4 tial restoration, preservation, and ecosystem protection ben5 efits, including the beneficial use of dredged material if such

6 use is a cost-effective means of disposal of such material.

7 (b) PROJECT SELECTION.—The Secretary, in coordi8 nation with other Federal, tribal, State, and local agencies,

9 may identify and implement projects described in sub10 section (a) after entering into an agreement with an appro11 priate non-Federal interest in accordance with this section.

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

13 under this section, the Secretary shall enter into a binding

14 agreement with the non-Federal interests. The agreement

15 shall provide that the non-Federal responsibility for the

16 project shall be as follows:

17 (1) To acquire any lands, easements, rights-of18 way, relocations, and dredged material disposal areas

19 necessary for implementation of the project.

20 (2) To hold and save harmless the United States

21 free from claims or damages due to implementation

22 of the project, except for the negligence of the Federal

23 Government or its contractors.

24 (3) To pay 35 percent of project costs.
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1 (d) NONPROFIT ENTITY.—For any project undertaken

2 under this section, a non-Federal interest may include a

3 nonprofit entity with the consent of the affected local gov4 ernment.

5 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

6 authorized to be appropriated to carry out this section

7 $10,000,000.

8 SEC. 531. MISSOURI RIVER VALLEY IMPROVEMENTS.

9 (a) MISSOURI RIVER MITIGATION PROJECT.—The

10 project for mitigation of fish and wildlife losses, Missouri

11 River Bank Stabilization and Navigation Project, Missouri,

12 Kansas, Iowa, and Nebraska authorized by section 601(a)

13 of the Water Resources Development Act of 1986 (100 Stat.

14 4143) and modified by section 334 of the Water Resources

15 Development Act of 1999 (113 Stat. 306), is further modi16 fied to authorize $200,000,000 for fiscal years 2001 through

17 2010 to be appropriated to the Secretary for acquisition of

18 118,650 acres of land and interests in land for the project.

19 (b) UPPER MISSOURI RIVER AQUATIC AND RIPARIAN

20 HABITAT MITIGATION PROGRAM.—

21 (1) IN GENERAL.—

22 (A) STUDY.—The Secretary shall complete a

23 study that analyzes the need for additional

24 measures for mitigation of losses of aquatic and

25 terrestrial habitat from Fort Peck Dam to Sioux
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1 City, Iowa, resulting from the operation of the

2 Missouri River Mainstem Reservoir project in

3 the States of Nebraska, South Dakota, North Da4 kota, and Montana.

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

6 the date of enactment of this Act, the Secretary

7 shall transmit to Congress a report describing

8 the results of the study.

9 (2) PILOT PROGRAM.—The Secretary, in con10 sultation with the Director of the United States Fish

11 and Wildlife Service and the affected State fish and

12 wildlife agencies, shall develop and administer a pilot

13 mitigation program that—

14 (A) involves the experimental releases of

15 warm water from the spillways at Fort Peck

16 Dam during the appropriate spawning periods

17 for native fish;

18 (B) involves the monitoring of the response

19 of fish to, and the effectiveness toward the preser20 vation of native fish and wildlife habitat as a re21 sult of, such releases; and

22 (C) requires the Secretary to provide com23 pensation for any loss of hydropower at Fort

24 Peck Dam resulting from implementation of the

25 pilot program; and
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1 (D) does not effect a change in the Missouri

2 River Master Water Control Manual.

3 (3) RESERVOIR FISH LOSS STUDY.—

4 (A) IN GENERAL.—The Secretary, in con5 sultation with the North Dakota Game and Fish

6 Department and the South Dakota Department

7 of Game, Fish and Parks, shall complete a study

8 to analyze and recommend measures to avoid or

9 reduce the loss of fish, including rainbow smelt,

10 through Garrison Dam in North Dakota and

11 Oahe Dam in South Dakota.

12 (B) REPORT.—Not later than 2 years after

13 the date of enactment of this Act, the Secretary

14 shall transmit to Congress a report describing

15 the results of the study.

16 (4) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated—

18 (A) to complete the study under paragraph

19 (3) $200,000; and

20 (B) to carry out the other provisions of this

21 subsection $1,000,000 for each of fiscal years

22 2001 through 2010.

23 (c) MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN24 HANCEMENT PROJECT.—Section 514(g) of the Water Re-
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1 sources Development Act of 1999 (113 Stat. 342) is amend2 ed to read as follows:

3 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to pay the Federal share of

5 the cost of carrying out activities under this section

6 $5,000,000 for each of fiscal years 2001 through 2010.’’.

7 SEC. 532. NEW MADRID COUNTY, MISSOURI.

8 For purposes of determining the non-Federal share for

9 the project for navigation, New Madrid County Harbor,

10 Missouri, carried out under section 107 of the River and

11 Harbor Act of 1960 (33 U.S.C. 577), the Secretary shall

12 consider Phases 1 and 2 as described in the report of the

13 District Engineer, dated February 2000, as one project and

14 provide credit to the non-Federal interest toward the non15 Federal share of the combined project for work performed

16 by the non-Federal interest on Phase 1 of the project.

17 SEC. 533. PEMISCOT COUNTY, MISSOURI.

18 The Secretary shall provide the non-Federal interest

19 for the project for navigation, Caruthersville Harbor,

20 Pemiscot County, Missouri, carried out under section 107

21 of the River and Harbor Act of 1960 (33 U.S.C. 577), credit

22 toward the non-Federal share of the cost of the project for

23 in-kind work performed by the non-Federal interest after

24 December 1, 1997, if the Secretary determines that the work

25 is integral to the project.
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1 SEC. 534. LAS VEGAS, NEVADA.

2 (a) DEFINITIONS.—In this section, the following defi3 nitions apply:

4 (1) COMMITTEE.—The term ‘‘Committee’’ means

5 the Las Vegas Wash Coordinating Committee.

6 (2) PLAN.—The term ‘‘Plan’’ means the Las

7 Vegas Wash comprehensive adaptive management

8 plan, developed by the Committee and dated January

9 20, 2000.

10 (3) PROJECT.—The term ‘‘Project’’ means the

11 Las Vegas Wash wetlands restoration and Lake Mead

12 water quality improvement project and includes the

13 programs, features, components, projects, and activi14 ties identified in the Plan.

15 (b) PARTICIPATION IN PROJECT.—

16 (1) IN GENERAL.—The Secretary, in conjunction

17 with the Administrator of the Environmental Protec18 tion Agency, the Secretary of Agriculture, and the

19 Secretary of the Interior and in partnership with the

20 Committee, shall participate in the implementation of

21 the Project to restore wetlands at Las Vegas Wash and

22 to improve water quality in Lake Mead in accordance

23 with the Plan.

24 (2) COST SHARING REQUIREMENTS.—
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1 (A) IN GENERAL.—The non-Federal inter2 ests shall pay 35 percent of the cost of any

3 project carried out under this section.

4 (B) OPERATION AND MAINTENANCE.—The

5 non-Federal interests shall be responsible for all

6 costs associated with operating, maintaining, re7 placing, repairing, and rehabilitating all

8 projects carried out under this section.

9 (C) FEDERAL LANDS.—Notwithstanding

10 any other provision of this subsection, the Fed11 eral share of the cost of a project carried out

12 under this section on Federal lands shall be 100

13 percent, including the costs of operation and

14 maintenance.

15 (3) AUTHORIZATION OF APPROPRIATIONS.—

16 There is authorized to be appropriated $10,000,000 to

17 carry out this section.

18 SEC. 535. NEWARK, NEW JERSEY.

19 (a) IN GENERAL.—Using authorities under law in ef20 fect on the date of enactment of this Act, the Secretary, the

21 Director of the Federal Emergency Management Agency, the

22 Administrator of the Environmental Protection Agency,

23 and the heads of other appropriate Federal agencies shall

24 assist the State of New Jersey in developing and imple25 menting a comprehensive basinwide strategy in the Passaic,
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1 Hackensack, Raritan, and Atlantic Coast floodplain areas

2 for coordinated and integrated management of land and

3 water resources to improve water quality, reduce flood haz4 ards, and ensure sustainable economic activity.

5 (b) TECHNICAL ASSISTANCE, STAFF, AND FINANCIAL

6 SUPPORT.—The heads of the Federal agencies referred to

7 in subsection (a) may provide technical assistance, staff,

8 and financial support for the development of the floodplain

9 management strategy.

10 (c) FLEXIBILITY.—The heads of the Federal agencies

11 referred to in subsection (a) shall exercise flexibility to re12 duce barriers to efficient and effective implementation of

13 the floodplain management strategy.

14 (d) RESEARCH.—In coordination with academic and

15 research institutions for support, the Secretary may con16 duct a study to carry out this section.

17 SEC. 536. URBANIZED PEAK FLOOD MANAGEMENT RE18 SEARCH, NEW JERSEY.

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

20 implement a research program to evaluate opportunities to

21 manage peak flood flows in urbanized watersheds located

22 in the State of New Jersey.

23 (b) SCOPE OF RESEARCH.—The research program au24 thorized by subsection (a) shall be accomplished through the
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1 New York District of Corps of Engineers. The research shall

2 include the following:

3 (1) Identification of key factors in the develop4 ment of an urbanized watershed that affect peak flows

5 in the watershed and downstream.

6 (2) Development of peak flow management mod7 els for 4 to 6 watersheds in urbanized areas with

8 widely differing geology, shapes, and soil types that

9 can be used to determine optimal flow reduction fac10 tors for individual watersheds.

11 (c) LOCATION.—The activities authorized by this sec12 tion shall be carried out at the facility authorized by section

13 103(d) of the Water Resources Development Act of 1992 106

14 Stat. 4812–4813, which may be located on the campus of

15 the New Jersey Institute of Technology.

16 (d) REPORT TO CONGRESS.—The Secretary shall

17 evaluate policy changes in the planning process for flood

18 damage reduction projects based on the results of the re19 search under this section and transmit to Congress a report

20 on such results not later than 3 years after the date of enact21 ment of this Act.

22 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

23 authorized to be appropriated to carry out this section

24 $11,000,000 for fiscal years beginning after September 30,

25 2000.
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1 SEC. 537. BLACK ROCK CANAL, BUFFALO, NEW YORK.

2 The Secretary shall provide technical assistance in

3 support of activities of non-Federal interests related to the

4 dredging of Black Rock Canal in the area between the Ferry

5 Street Overpass and the Peace Bridge Overpass in Buffalo,

6 New York.

7 SEC. 538. HAMBURG, NEW YORK.

8 The Secretary shall complete the study of a project for

9 shoreline erosion, Old Lake Shore Road, Hamburg, New

10 York, and, if the Secretary determines that the project is

11 feasible, the Secretary shall carry out the project.

12 SEC. 539. NEPPERHAN RIVER, YONKERS, NEW YORK.

13 The Secretary shall provide technical assistance to the

14 city of Yonkers, New York, in support of activities relating

15 to the dredging of the Nepperhan River outlet, New York.

16 SEC. 540. ROCHESTER, NEW YORK.

17 The Secretary shall complete the study of a project for

18 navigation, Rochester Harbor, Rochester, New York, and,

19 if the Secretary determines that the project is feasible, the

20 Secretary shall carry out the project.

21 SEC. 541. UPPER MOHAWK RIVER BASIN, NEW YORK.

22 (a) IN GENERAL.—The Secretary, in cooperation with

23 the Secretary of Agriculture and the State of New York,

24 shall conduct a study, develop a strategy, and implement

25 a project to reduce flood damages, improve water quality,

26 and create wildlife habitat through wetlands restoration,
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1 soil and water conservation practices, nonstructural meas2 ures, and other appropriate means in the Upper Mohawk

3 River Basin, at an estimated Federal cost of $10,000,000.

4 (b) IMPLEMENTATION OF STRATEGY.—The Secretary

5 shall implement the strategy under this section in coopera6 tion with local landowners and local government. Projects

7 to implement the strategy shall be designed to take advan8 tage of ongoing or planned actions by other agencies, local

9 municipalities, or nonprofit, nongovernmental organiza10 tions with expertise in wetlands restoration that would in11 crease the effectiveness or decrease the overall cost of imple12 menting recommended projects and may include the acqui13 sition of wetlands, from willing sellers, that contribute to

14 the Upper Mohawk River basin ecosystem.

15 (c) COOPERATION AGREEMENTS.—In carrying out ac16 tivities under this section, the Secretary shall enter into co17 operation agreements to provide financial assistance to ap18 propriate Federal, State, and local government agencies as

19 well as appropriate nonprofit, nongovernmental organiza20 tions with expertise in wetlands restoration, with the con21 sent of the affected local government. Financial assistance

22 provided may include activities for the implementation of

23 wetlands restoration projects and soil and water conserva24 tion measures.
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1 (d) NON-FEDERAL SHARE.—The non-Federal share of

2 the cost of activities carried out under this section shall be

3 25 percent and may be provided through in-kind services

4 and materials.

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

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

7 Mohawk River, its tributaries, and associated lands up8 stream of the confluence of the Mohawk River and

9 Canajoharie Creek, and including Canajoharie Creek, New

10 York.

11 SEC. 542. EASTERN NORTH CAROLINA FLOOD PROTECTION.

12 (a) IN GENERAL.—In order to assist the State of North

13 Carolina and local governments in mitigating damages re14 sulting from a major disaster, the Secretary shall carry out

15 flood damage reduction projects in eastern North Carolina

16 by protecting, clearing, and restoring channel dimensions

17 (including removing accumulated snags and other debris)

18 in the following rivers and tributaries:

19 (1) New River and tributaries.

20 (2) White Oak River and tributaries.

21 (3) Neuse River and tributaries.

22 (4) Pamlico River and tributaries.

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

24 project under this section shall—

25 (1) pay 35 percent of the cost of the project; and
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1 (2) provide any lands, easements, rights-of-way,

2 relocations, and material disposal areas necessary for

3 implementation of the project.

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

5 project based solely on a minimum amount of stream run6 off.

7 (d) MAJOR DISASTER DEFINED.—In this section, the

8 term ‘‘major disaster’’ means a major disaster declared

9 under title IV of the Robert T. Stafford Disaster Relief and

10 Emergency Assistance Act (42 U.S.C. 5170 et seq.) and in11 cludes any major disaster declared before the date of enact12 ment of this Act.

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $3,000,000 for fiscal years 2001 through 2003.

16 SEC. 543. CUYAHOGA RIVER, OHIO.

17 (a) IN GENERAL.—The Secretary shall provide tech18 nical assistance to non-Federal interests for an evaluation

19 of the structural integrity of the bulkhead system located

20 along the Cuyahoga River in the vicinity of Cleveland,

21 Ohio, at a total cost of $500,000.

22 (b) EVALUATION.—The evaluation described in sub23 section (a) shall include design analysis, plans and speci24 fications, and cost estimates for repair or replacement of

25 the bulkhead system.
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1 SEC. 544. CROWDER POINT, CROWDER, OKLAHOMA.

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

3 Secretary shall enter into a long-term lease, not to exceed

4 99 years, with the city under which the city may develop,

5 operate, and maintain as a public park all or a portion

6 of approximately 260 acres of land known as Crowder Point

7 on Lake Eufaula, Oklahoma. The lease shall include such

8 terms and conditions as the Secretary determines are nec9 essary to protect the interest of the United States and

10 project purposes and shall be made without consideration

11 to the United States.

12 SEC. 545. OKLAHOMA-TRIBAL COMMISSION.

13 (a) FINDINGS.—The House of Representatives makes

14 the following findings:

15 (1) The unemployment rate in southeastern

16 Oklahoma is 23 percent greater than the national av17 erage.

18 (2) The per capita income in southeastern Okla19 homa is 62 percent of the national average.

20 (3) Reflecting the inadequate job opportunities

21 and dwindling resources in poor rural communities,

22 southeastern Oklahoma is experiencing an out-migra23 tion of people.

24 (4) Water represents a vitally important resource

25 in southeastern Oklahoma. Its abundance offers an
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1 opportunity for the residents to benefit from their

2 natural resources.

3 (5) Trends as described in paragraphs (1), (2),

4 and (3) are not conducive to local economic develop5 ment, and efforts to improve the management of

6 water in the region would have a positive outside in7 fluence on the local economy, help reverse these trends,

8 and improve the lives of local residents.

9 (b) SENSE OF HOUSE OF REPRESENTATIVES.—In

10 view of the findings described in subsection (a), and in

11 order to assist communities in southeastern Oklahoma in

12 benefiting from their local resources, it is the sense of the

13 House of Representatives that—

14 (1) the State of Oklahoma and the Choctaw Na15 tion of Oklahoma and the Chickasaw Nation, Okla16 homa, should establish a State-tribal commission

17 composed equally of representatives of such Nations

18 and residents of the water basins within the bound19 aries of such Nations for the purpose of administering

20 and distributing from the sale of water any benefits

21 and net revenues to the tribes and local entities with22 in the respective basins;

23 (2) any sale of water to entities outside the ba24 sins should be consistent with the procedures and re25 quirements established by the commission; and
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1 (3) if requested, the Secretary should provide

2 technical assistance, as appropriate, to facilitate the

3 efforts of the commission.

4 SEC. 546. COLUMBIA RIVER, OREGON AND WASHINGTON.

5 (a) MODELING AND FORECASTING SYSTEM.—The Sec6 retary shall develop and implement a modeling and fore7 casting system for the Columbia River estuary, Oregon and

8 Washington, to provide real-time information on existing

9 and future wave, current, tide, and wind conditions.

10 (b) USE OF CONTRACTS AND GRANTS.—In carrying

11 out this section, the Secretary is encouraged to use con12 tracts, cooperative agreements, and grants with colleges and

13 universities and other non-Federal entities.

14 SEC. 547. JOHN DAY POOL, OREGON AND WASHINGTON.

15 (a) EXTINGUISHMENT OF REVERSIONARY INTERESTS

16 AND USE RESTRICTIONS.—With respect to the lands de17 scribed in each deed listed in subsection (b)—

18 (1) the reversionary interests and the use restric19 tions relating to port or industrial purposes are ex20 tinguished;

21 (2) the human habitation or other building

22 structure use restriction is extinguished in each area

23 where the elevation is above the standard project flood

24 elevation; and
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1 (3) the use of fill material to raise areas above

2 the standard project flood elevation, without increas3 ing the risk of flooding in or outside of the floodplain,

4 is authorized, except in any area constituting wetland

5 for which a permit under section 404 of the Federal

6 Water Pollution Control Act (33 U.S.C. 1344) would

7 be required.

8 (b) AFFECTED DEEDS.—The following deeds are re9 ferred to in subsection (a):

10 (1) The deeds executed by the United States and

11 bearing Morrow County, Oregon, Auditor’s Microfilm

12 Numbers 229 and 16226.

13 (2) The deed executed by the United States and

14 bearing Benton County, Washington, Auditor’s File

15 Number 601766, but only as that deed applies to the

16 following portion of lands conveyed by that deed:

17 A tract of land lying in Section 7, Town18 ship 5 north, Range 28 east of the Willamette

19 meridian, Benton County, Washington, said

20 tract being more particularly described as fol21 lows:

22 Commencing at the point of intersec23 tion of the centerlines of Plymouth Street

24 and Third Avenue in the First Addition to
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1 the Town of Plymouth (according to the

2 duly recorded Plat thereof);

3 thence westerly along the said center4 line of Third Avenue, a distance of 565 feet;

5 thence south 54° 10′ west, to a point

6 on the west line of Tract 18 of said Addi7 tion and the true point of beginning;

8 thence north, parallel with the west

9 line of said Section 7, to a point on the

10 north line of said Section 7;

11 thence west along the north line thereof

12 to the northwest corner of said Section 7;

13 thence south along the west line of said

14 Section 7 to a point on the ordinary high

15 water line of the Columbia River;

16 thence northeasterly along said high

17 water line to a point on the north and south

18 coordinate line of the Oregon Coordinate

19 System, North Zone, said coordinate line

20 being east 2,291,000 feet;

21 thence north along said line to a point

22 on the south line of First Avenue of said

23 Addition;
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1 thence westerly along First Avenue to a

2 point on southerly extension of the west line

3 of Tract 18;

4 thence northerly along said west line of

5 Tract 18 to the point of beginning.

6 (3) The deed recorded October 17, 1967, in book

7 291, page 148, Deed of Records of Umatilla County,

8 Oregon, executed by the United States.

9 (c) NO EFFECT ON OTHER NEEDS.—Nothing in this

10 section affects the remaining rights and interests of the

11 Corps of Engineers for authorized project purposes.

12 SEC. 548. LOWER COLUMBIA RIVER AND TILLAMOOK BAY

13 ESTUARY PROGRAM, OREGON AND WASH14 INGTON.

15 (a) IN GENERAL.—The Secretary shall conduct studies

16 and ecosystem restoration projects for the lower Columbia

17 River and Tillamook Bay estuaries, Oregon and Wash18 ington.

19 (b) USE OF MANAGEMENT PLANS.—

20 (1) LOWER COLUMBIA RIVER ESTUARY.—

21 (A) IN GENERAL.—In carrying out eco22 system restoration projects under this section, the

23 Secretary shall use as a guide the Lower Colum24 bia River estuary program’s comprehensive con25 servation and management plan developed under
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1 section 320 of the Federal Water Pollution Con2 trol Act (33 U.S.C. 1330).

3 (B) CONSULTATION.—The Secretary shall

4 carry out ecosystem restoration projects under

5 this section for the lower Columbia River estuary

6 in consultation with the States of Oregon and

7 Washington, the Environmental Protection Agen8 cy, the United States Fish and Wildlife Service,

9 the National Marine Fisheries Service, and the

10 Forest Service.

11 (2) TILLAMOOK BAY ESTUARY.—

12 (A) IN GENERAL.—In carrying out eco13 system restoration projects under this section, the

14 Secretary shall use as a guide the Tillamook Bay

15 national estuary project’s comprehensive con16 servation and management plan developed under

17 section 320 of the Federal Water Pollution Con18 trol Act (33 U.S.C. 1330).

19 (B) CONSULTATION.—The Secretary shall

20 carry out ecosystem restoration projects under

21 this section for the Tillamook Bay estuary in

22 consultation with the State of Oregon, the Envi23 ronmental Protection Agency, the United States

24 Fish and Wildlife Service, the National Marine

25 Fisheries Service, and the Forest Service.
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1 (c) AUTHORIZED ACTIVITIES.—

2 (1) IN GENERAL.—In carrying out ecosystem res3 toration projects under this section, the Secretary

4 shall undertake activities necessary to protect, mon5 itor, and restore fish and wildlife habitat.

6 (2) LIMITATIONS.—The Secretary may not carry

7 out any activity under this section that adversely

8 affects—

9 (A) the water-related needs of the lower Co10 lumbia River estuary or the Tillamook Bay estu11 ary, including navigation, recreation, and water

12 supply needs; or

13 (B) private property rights.

14 (d) PRIORITY.—In determining the priority of projects

15 to be carried out under this section, the Secretary shall con16 sult with the Implementation Committee of the Lower Co17 lumbia River Estuary Program and the Performance Part18 nership Council of the Tillamook Bay National Estuary

19 Project, and shall consider the recommendations of such en20 tities.

21 (e) COST-SHARING REQUIREMENTS.—

22 (1) STUDIES.—Studies conducted under this sec23 tion shall be subject to cost sharing in accordance

24 with section 105 of the Water Resources Development

25 Act of 1986 (33 U.S.C. 2215).
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1 (2) ECOSYSTEM RESTORATION PROJECTS.—

2 (A) IN GENERAL.—Non-Federal interests

3 shall pay 35 percent of the cost of any ecosystem

4 restoration project carried out under this section.

5 (B) ITEMS PROVIDED BY NON-FEDERAL IN6 TERESTS.—Non-Federal interests shall provide

7 all land, easements, rights-of-way, dredged mate8 rial disposal areas, and relocations necessary for

9 ecosystem restoration projects to be carried out

10 under this section. The value of such land, ease11 ments, rights-of-way, dredged material disposal

12 areas, and relocations shall be credited toward

13 the payment required under this paragraph.

14 (C) IN-KIND CONTRIBUTIONS.—Not more

15 than 50 percent of the non-Federal share re16 quired under this subsection may be satisfied by

17 the provision of in-kind services.

18 (3) OPERATION AND MAINTENANCE.—Non-Fed19 eral interests shall be responsible for all costs associ20 ated with operating, maintaining, replacing, repair21 ing, and rehabilitating all projects carried out under

22 this section.

23 (4) FEDERAL LANDS.—Notwithstanding any

24 other provision of this subsection, the Federal share of

25 the cost of a project carried out under this section on
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1 Federal lands shall be 100 percent, including costs of

2 operation and maintenance.

3 (f) DEFINITIONS.—In this section, the following defini4 tions apply:

5 (1) LOWER COLUMBIA RIVER ESTUARY.—The

6 term ‘‘lower Columbia River estuary’’ means those

7 river reaches having navigation channels on the

8 mainstem of the Columbia River in Oregon and

9 Washington west of Bonneville Dam, and the tribu10 taries of such reaches to the extent such tributaries

11 are tidally influenced.

12 (2) TILLAMOOK BAY ESTUARY.—The term

13 ‘‘Tillamook Bay estuary’’ means those waters of

14 Tillamook Bay in Oregon and its tributaries that are

15 tidally influenced.

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $40,000,000.

19 SEC. 549. SKINNER BUTTE PARK, EUGENE, OREGON.

20 Section 546(b) of the Water Resources Development Act

21 of 1999 (113 Stat. 351) is amended by adding at the end

22 the following: ‘‘If the Secretary participates in the project,

23 the Secretary shall carry out a monitoring program for 3

24 years after construction to evaluate the ecological and engi-
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1 neering effectiveness of the project and its applicability to

2 other sites in the Willamette Valley.’’.

3 SEC. 550. WILLAMETTE RIVER BASIN, OREGON.

4 Section 547 of the Water Resources Development Act

5 of 1999 (113 Stat. 351–352) is amended by adding at the

6 end the following:

7 ‘‘(d) RESEARCH.—In coordination with academic and

8 research institutions for support, the Secretary may con9 duct a study to carry out this section.’’.

10 SEC. 551. LACKAWANNA RIVER, PENNSYLVANIA.

11 (a) IN GENERAL.—Section 539(a) of the Water Re12 sources Development Act of 1996 (110 Stat. 3776) is

13 amended—

14 (1) by striking ‘‘and’’ at the end of paragraph

15 (1)(A);

16 (2) by striking the period at the end of para17 graph (1)(B) and inserting ‘‘; and’’; and

18 (3) by adding at the end the following:

19 ‘‘(C) the Lackawanna River, Pennsyl20 vania.’’.

21 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

22 539(d) of such Act (110 Stat. 3776–3777) is amended—

23 (1) by striking ‘‘(a)(1)(A) and’’ and inserting

24 ‘‘(a)(1)(A),’’; and
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1 (2) by inserting ‘‘, and $5,000,000 for projects

2 undertaken under subsection (a)(1)(C)’’ before the pe3 riod at the end.

4 SEC. 552. PHILADELPHIA, PENNSYLVANIA.

5 (a) IN GENERAL.—The Secretary shall provide assist6 ance to the Delaware River Port Authority to deepen the

7 Delaware River at Pier 122 in Philadelphia, Pennsylvania.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated $1,000,000 to carry out this

10 section.

11 SEC. 553. ACCESS IMPROVEMENTS, RAYSTOWN LAKE, PENN12 SYLVANIA.

13 The Commonwealth of Pennsylvania may transfer any

14 unobligated funds made available to the Commonwealth for

15 item number 1278 of the table contained in section 1602

16 of Public Law 105–178, to the Secretary for access improve17 ments at the Raystown Lake project, Pennsylvania.

18 SEC. 554. UPPER SUSQUEHANNA RIVER BASIN, PENNSYL19 VANIA AND NEW YORK.

20 Section 567 of the Water Resources Development Act

21 of 1996 (110 Stat. 3787–3788) is amended—

22 (1) by striking subsection (a)(2) and inserting

23 the following:
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1 ‘‘(2) The Susquehanna River watershed up2 stream of the Chemung River, New York, at an esti3 mated Federal cost of $10,000,000.’’; and

4 (2) by striking subsections (c) and (d) and in5 serting the following:

6 ‘‘(c) COOPERATION AGREEMENTS.—In conducting the

7 study and developing the strategy under this section, the

8 Secretary shall enter into cooperation agreements to provide

9 financial assistance to appropriate Federal, State, and

10 local government agencies as well as appropriate nonprofit,

11 nongovernmental organizations with expertise in wetlands

12 restoration, with the consent of the affected local govern13 ment. Financial assistance provided may include activities

14 for the implementation of wetlands restoration projects and

15 soil and water conservation measures.

16 ‘‘(d) IMPLEMENTATION OF STRATEGY.—The Secretary

17 shall undertake development and implementation of the

18 strategy under this section in cooperation with local land19 owners and local government officials. Projects to imple20 ment the strategy shall be designed to take advantage of on21 going or planned actions by other agencies, local munici22 palities, or nonprofit, nongovernmental organizations with

23 expertise in wetlands restoration that would increase the

24 effectiveness or decrease the overall cost of implementing rec25 ommended projects and may include the acquisition of wet-
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1 lands, from willing sellers, that contribute to the Upper

2 Susquehanna River basin ecosystem.’’.

3 SEC. 555. CHICKAMAUGA LOCK, CHATTANOOGA, TEN4 NESSEE.

5 (a) TRANSFER FROM TVA.—The Tennessee Valley Au6 thority shall transfer $200,000 to the Secretary for the prep7 aration of a report of the Chief of Engineers for a replace8 ment lock at Chickamauga Lock and Dam, Chattanooga,

9 Tennessee.

10 (b) REPORT.—The Secretary shall accept and use the

11 funds transferred under subsection (a) to prepare the report

12 referred to in subsection (a).

13 SEC. 556. JOE POOL LAKE, TEXAS.

14 If the city of Grand Prairie, Texas, enters into a bind15 ing agreement with the Secretary under which—

16 (1) the city agrees to assume all of the respon17 sibilities (other than financial responsibilities) of the

18 Trinity River Authority of Texas under Corps of En19 gineers contract #DACW63–76–C–0166, including

20 operation and maintenance of the recreation facilities

21 included in the contract; and

22 (2) to pay the Federal Government a total of

23 $4,290,000 in 2 installments, 1 in the amount of

24 $2,150,000, which shall be due and payable no later

25 than December 1, 2000, and 1 in the amount of
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1 $2,140,000, which shall be due and payable no later

2 than December 1, 2003,

3 the Trinity River Authority shall be relieved of all of its

4 financial responsibilities under the contract as of the date

5 the Secretary enters into the agreement with the city.

6 SEC. 557. BENSON BEACH, FORT CANBY STATE PARK, WASH7 INGTON.

8 The Secretary shall place dredged material at Benson

9 Beach, Fort Canby State Park, Washington, in accordance

10 with section 204 of the Water Resources Development Act

11 of 1992 (33 U.S.C. 2326).

12 SEC. 558. PUGET SOUND AND ADJACENT WATERS RESTORA13 TION, WASHINGTON.

14 (a) IN GENERAL.—The Secretary may participate in

15 critical restoration projects in the area of the Puget Sound

16 and its adjacent waters, including the watersheds that

17 drain directly into Puget Sound, Admiralty Inlet, Hood

18 Canal, Rosario Strait, and the eastern portion of the Strait

19 of Juan de Fuca.

20 (b) PROJECT SELECTION.—The Secretary, in consulta21 tion with appropriate Federal, tribal, State, and local agen22 cies, (including the Salmon Recovery Funding Board,

23 Northwest Straits Commission, Hood Canal Coordinating

24 Council, county watershed planning councils, and salmon

25 enhancement groups) may identify critical restoration
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1 projects and may implement those projects after entering

2 into an agreement with an appropriate non-Federal inter3 est in accordance with the requirements of section 221 of

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

5 this section.

6 (c) PROJECT COST LIMITATION.—Of amounts appro7 priated to carry out this section, not more than $2,500,000

8 may be allocated to carry out any project.

9 (d) COST SHARING.—

10 (1) IN GENERAL.—The non-Federal interest for a

11 critical restoration project under this section shall—

12 (A) pay 35 percent of the cost of the project;

13 (B) provide any lands, easements, rights-of14 way, relocations, and dredged material disposal

15 areas necessary for implementation of the

16 project;

17 (C) pay 100 percent of the operation, main18 tenance, repair, replacement, and rehabilitation

19 costs associated with the project; and

20 (D) hold the United States harmless from

21 liability due to implementation of the project, ex22 cept for the negligence of the Federal Government

23 or its contractors.

24 (2) CREDIT.—The Secretary shall provide credit

25 to the non-Federal interest for a critical restoration
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1 project under this section for the value of any lands,

2 easements, rights-of-way, relocations, and dredged

3 material disposal areas provided by the non-Federal

4 interest for the project.

5 (3) MEETING NON-FEDERAL COST SHARE.—The

6 non-Federal interest may provide up to 50 percent of

7 the non-Federal share of the cost of a project under

8 this section through the provision of services, mate9 rials, supplies, or other in-kind services.

10 (e) CRITICAL RESTORATION PROJECT DEFINED.—In

11 this section, the term ‘‘critical restoration project’’ means

12 a water resource project that will produce, consistent with

13 existing Federal programs, projects, and activities, imme14 diate and substantial environmental protection and restora15 tion benefits.

16 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $40,000,000.

19 SEC. 559. SHOALWATER BAY INDIAN TRIBE, WILLAPA BAY,

20 WASHINGTON.

21 (a) PLACEMENT OF DREDGED MATERIAL ON

22 SHORE.—For the purpose of addressing coastal erosion, the

23 Secretary shall place, on an emergency one-time basis,

24 dredged material from a Federal navigation project on the
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1 shore of the tribal reservation of the Shoalwater Bay Indian

2 Tribe, Willapa Bay, Washington, at Federal expense.

3 (b) PLACEMENT OF DREDGED MATERIAL ON PROTEC4 TIVE DUNES.—The Secretary shall place dredged material

5 from Willapa Bay on the remaining protective dunes on

6 the tribal reservation of the Shoalwater Bay Indian Tribe,

7 at Federal expense.

8 (c) STUDY OF COASTAL EROSION.—The Secretary

9 shall conduct a study to develop long-term solutions to

10 coastal erosion problems at the tribal reservation of the

11 Shoalwater Bay Indian Tribe at Federal expense.

12 SEC. 560. WYNOOCHEE LAKE, WYNOOCHEE RIVER, WASH13 INGTON.

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

15 may transfer its rights, interests, and title in the land

16 transferred to the city under section 203 of the Water Re17 sources Development Act of 1990 (104 Stat. 4632) to the

18 city of Tacoma, Washington.

19 (b) CONDITIONS.—The transfer under this section shall

20 be subject to the conditions set forth in section 203(b) of

21 the Water Resources Development Act of 1990 (104 Stat.

22 4632); except that the condition set forth in paragraph (1)

23 of such section shall apply to the city of Tacoma only for

24 so long as the city of Tacoma has a valid license with the
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1 Federal Energy Regulatory Commission relating to oper2 ation of the Wynoochee Dam, Washington.

3 (c) LIMITATION.—The transfer under subsection (a)

4 may be made only after the Secretary determines that the

5 city of Tacoma will be able to operate, maintain, repair,

6 replace, and rehabilitate the project for Wynoochee Lake,

7 Wynoochee River, Washington, authorized by section 203

8 of the Flood Control Act of 1962 (76 Stat. 1193), in accord9 ance with such regulations as the Secretary may issue to

10 ensure that such operation, maintenance, repair, replace11 ment, and rehabilitation is consistent with project purposes.

12 (d) WATER SUPPLY CONTRACT.—The water supply

13 contract designated as DACWD 67–68–C–0024 shall be null

14 and void if the Secretary exercises the reversionary right

15 set forth in section 203(b)(3) of the Water Resources Devel16 opment Act of 1990 (104 Stat. 4632).

17 SEC. 561. SNOHOMISH RIVER, WASHINGTON.

18 In coordination with appropriate Federal, tribal, and

19 State agencies, the Secretary may carry out a project to

20 address data needs regarding the outmigration of juvenile

21 chinook salmon in the Snohomish River, Washington.

22 SEC. 562. BLUESTONE, WEST VIRGINIA.

23 (a) IN GENERAL.—Notwithstanding any other provi24 sion of law, the Tri-Cities Power Authority of West Virginia

25 is authorized to design and construct hydroelectric gener-
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1 ating facilities at the Bluestone Lake facility, West Vir2 ginia, under the terms and conditions of the agreement re3 ferred to in subsection (b).

4 (b) AGREEMENT.—

5 (1) AGREEMENT TERMS.—Conditioned upon the

6 parties agreeing to mutually acceptable terms and

7 conditions, the Secretary and the Secretary of En8 ergy, acting through the Southeastern Power Admin9 istration, may enter into a binding agreement with

10 the Tri-Cities Power Authority under which the Tri11 Cities Power Authority agrees to each of the following:

12 (A) To design and construct the generating

13 facilities referred to in subsection (a) within 4

14 years after the date of such agreement.

15 (B) To reimburse the Secretary for—

16 (i) the cost of approving such design

17 and inspecting such construction;

18 (ii) the cost of providing any assist19 ance authorized under subsection (c)(2); and

20 (iii) the redistributed costs associated

21 with the original construction of the dam

22 and dam safety if all parties agree with the

23 method of the development of the chargeable

24 amounts associated with hydropower at the

25 facility.
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1 (C) To release and indemnify the United

2 States from any claims, causes of action, or li3 abilities which may arise from such design and

4 construction of the facilities referred to in sub5 section (a), including any liability that may

6 arise out of the removal of the facility if directed

7 by the Secretary.

8 (2) ADDITIONAL TERMS.—The agreement shall

9 also specify each of the following:

10 (A) The procedures and requirements for

11 approval and acceptance of design, construction,

12 and operation and maintenance of the facilities

13 referred in subsection (a).

14 (B) The rights, responsibilities, and liabil15 ities of each party to the agreement.

16 (C) The amount of the payments under sub17 section (f) of this section and the procedures

18 under which such payments are to be made.

19 (c) OTHER REQUIREMENTS.—

20 (1) PROHIBITION.—No Federal funds may be ex21 pended for the design, construction, and operation

22 and maintenance of the facilities referred to in sub23 section (a) prior to the date on which such facilities

24 are accepted by the Secretary under subsection (d).
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1 (2) REIMBURSEMENT.—Notwithstanding any

2 other provision of law, if requested by the Tri-Cities

3 Power Authority, the Secretary may provide, on a re4 imbursable basis, assistance in connection with the

5 design and construction of the generating facilities re6 ferred to in subsection (a).

7 (d) COMPLETION OF CONSTRUCTION.—

8 (1) TRANSFER OF FACILITIES.—Notwithstanding

9 any other provision of law, upon completion of the

10 construction of the facilities referred to in subsection

11 (a) and final approval of such facility by the Sec12 retary, the Tri-Cities Power Authority shall transfer

13 without consideration title to such facilities to the

14 United States, and the Secretary shall—

15 (A) accept the transfer of title to such facili16 ties on behalf of the United States; and

17 (B) operate and maintain the facilities re18 ferred to in subsection (a).

19 (2) CERTIFICATION.—The Secretary is author20 ized to accept title to the facilities pursuant to para21 graph (1) only after certifying that the quality of the

22 construction meets all standards established for simi23 lar facilities constructed by the Secretary.

24 (3) AUTHORIZED PROJECT PURPOSES.—The op25 eration and maintenance of the facilities shall be con-
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1 ducted in a manner that is consistent with other au2 thorized project purposes of the Bluestone Lake facil3 ity.

4 (e) EXCESS POWER.—Pursuant to any agreement

5 under subsection (b), the Southeastern Power Administra6 tion shall market the excess power produced by the facilities

7 referred to in subsection (a) in accordance with section 5

8 of the Rivers and Harbors Act of December 22, 1944 (16

9 U.S.C. 825s; 58 Stat. 890).

10 (f) PAYMENTS.—Notwithstanding any other provision

11 of law, the Secretary of Energy, acting through the South12 eastern Power Administration, is authorized to pay in ac13 cordance with the terms of the agreement entered into under

14 subsection (b) out of the revenues from the sale of power

15 produced by the generating facility of the interconnected

16 systems of reservoirs operated by the Secretary and mar17 keted by the Southeastern Power Administration—

18 (1) to the Tri-Cities Power Authority all reason19 able costs incurred by the Tri-Cities Power Authority

20 in the design and construction of the facilities referred

21 to in subsection (a), including the capital investment

22 in such facilities and a reasonable rate of return on

23 such capital investment; and

24 (2) to the Secretary, in accordance with the

25 terms of the agreement entered into under subsection
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1 (b) out of the revenues from the sale of power pro2 duced by the generating facility of the interconnected

3 systems of reservoirs operated by the Secretary and

4 marketed by the Southeastern Power Administration,

5 all reasonable costs incurred by the Secretary in the

6 operation and maintenance of facilities referred to in

7 subsection (a).

8 (g) AUTHORITY OF SECRETARY OF ENERGY.—Not9 withstanding any other provision of law, the Secretary of

10 Energy, acting through the Southeastern Power Adminis11 tration, is authorized—

12 (1) to construct such transmission facilities as

13 necessary to market the power produced at the facili14 ties referred to in subsection (a) with funds contrib15 uted by the Tri-Cities Power Authority; and

16 (2) to repay those funds, including interest and

17 any administrative expenses, directly from the reve18 nues from the sale of power produced by such facili19 ties of the interconnected systems of reservoirs oper20 ated by the Secretary and marketed by the South21 eastern Power Administration.

22 (h) SAVINGS CLAUSE.—Nothing in this section affects

23 any requirement under Federal or State environmental law

24 relating to the licensing or operation of such facilities.
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1 SEC. 563. LESAGE/GREENBOTTOM SWAMP, WEST VIRGINIA.

2 Section 30 of the Water Resources Development Act of

3 1988 (102 Stat. 4030) is amended by adding at the end

4 the following:

5 ‘‘(d) HISTORIC STRUCTURE.—The Secretary shall en6 sure the preservation and restoration of the structure known

7 as the Jenkins House located within the Lesage/

8 Greenbottom Swamp in accordance with standards for sites

9 listed on the National Register of Historic Places.’’.

10 SEC. 564. TUG FORK RIVER, WEST VIRGINIA.

11 (a) IN GENERAL.—The Secretary may provide plan12 ning, design, and construction assistance to non-Federal in13 terests for projects located along the Tug Fork River in West

14 Virginia and identified by the master plan developed pursu15 ant to section 114(t) of the Water Resources Development

16 Act of 1992 (106 Stat. 4820).

17 (b) PRIORITIES.—In providing assistance under this

18 section, the Secretary shall give priority to the primary de19 velopment demonstration sites in West Virginia identified

20 by the master plan referred to in subsection (a).

21 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to carry out this section

23 $1,000,000.
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1 SEC. 565. VIRGINIA POINT RIVERFRONT PARK, WEST VIR2 GINIA.

3 (a) IN GENERAL.—The Secretary may provide plan4 ning, design, and construction assistance to non-Federal in5 terests for the project at Virginia Point, located at the con6 fluence of the Ohio and Big Sandy Rivers in West Virginia,

7 identified by the preferred plan set forth in the feasibility

8 study dated September 1999, and carried out under the

9 West Virginia-Ohio River Comprehensive Study authorized

10 by a resolution dated September 8, 1988, by the Committee

11 on Public Works and Transportation of the House of Rep12 resentatives.

13 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $3,100,000.

16 SEC. 566. SOUTHERN WEST VIRGINIA.

17 Section 340(a) of the Water Resources Development

18 Act of 1992 (106 Stat. 4856) is amended by inserting ‘‘envi19 ronmental restoration,’’ after ‘‘distribution facilities,’’.

20 SEC. 567. FOX RIVER SYSTEM, WISCONSIN.

21 Section 332(a) of the Water Resources Development

22 Act of 1992 (106 Stat. 4852) is amended by adding at the

23 end the following: ‘‘Such terms and conditions may include

24 a payment or payments to the State of Wisconsin to be used

25 toward the repair and rehabilitation of the locks and ap26 purtenant features to be transferred.’’.
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1 SEC. 568. SURFSIDE/SUNSET AND NEWPORT BEACH, CALI2 FORNIA.

3 The Secretary shall treat the Surfside/Sunset Newport

4 Beach element of the project for beach erosion, Orange

5 County, California, authorized by section 101 of the River

6 and Harbor Act of 1962 (76 Stat. 1177), as continuing con7 struction.

8 SEC. 569. ILLINOIS RIVER BASIN RESTORATION.

9 (a) ILLINOIS RIVER BASIN DEFINED.—In this section,

10 the term ‘‘Illinois River basin’’ means the Illinois River,

11 Illinois, its backwaters, side channels, and all tributaries,

12 including their watersheds, draining into the Illinois River.

13 (b) COMPREHENSIVE PLAN.—

14 (1) DEVELOPMENT.—The Secretary shall de15 velop, as expeditiously as practicable, a proposed

16 comprehensive plan for the purpose of restoring, pre17 serving, and protecting the Illinois River basin.

18 (2) TECHNOLOGIES AND INNOVATIVE AP19 PROACHES.—The comprehensive plan shall provide

20 for the development of new technologies and innova21 tive approaches—

22 (A) to enhance the Illinois River as a vital

23 transportation corridor;

24 (B) to improve water quality within the en25 tire Illinois River basin;
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1 (C) to restore, enhance, and preserve habitat

2 for plants and wildlife; and

3 (D) to increase economic opportunity for

4 agriculture and business communities.

5 (3) SPECIFIC COMPONENTS.—The comprehensive

6 plan shall include such features as are necessary to

7 provide for—

8 (A) the development and implementation of

9 a program for sediment removal technology, sedi10 ment characterization, sediment transport, and

11 beneficial uses of sediment;

12 (B) the development and implementation of

13 a program for the planning, conservation, eval14 uation, and construction of measures for fish and

15 wildlife habitat conservation and rehabilitation,

16 and stabilization and enhancement of land and

17 water resources in the basin;

18 (C) the development and implementation of

19 a long-term resource monitoring program; and

20 (D) the development and implementation of

21 a computerized inventory and analysis system.

22 (4) CONSULTATION.—The comprehensive plan

23 shall be developed by the Secretary in consultation

24 with appropriate Federal agencies, the State of Illi25 nois, and the Illinois River Coordinating Council.
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1 (5) REPORT TO CONGRESS.—Not later than 2

2 years after the date of enactment of this Act, the Sec3 retary shall transmit to Congress a report containing

4 the comprehensive plan.

5 (6) ADDITIONAL STUDIES AND ANALYSES.—After

6 transmission of a report under paragraph (5), the

7 Secretary shall continue to conduct such studies and

8 analyses related to the comprehensive plan as are nec9 essary, consistent with this subsection.

10 (c) CRITICAL RESTORATION PROJECTS.—

11 (1) IN GENERAL.—If the Secretary, in coopera12 tion with appropriate Federal agencies and the State

13 of Illinois, determines that a restoration project for

14 the Illinois River basin will produce independent, im15 mediate, and substantial restoration, preservation,

16 and protection benefits, the Secretary shall proceed

17 expeditiously with the implementation of the project.

18 (2) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated to carry out

20 projects under this subsection $100,000,000 for fiscal

21 years 2001 through 2004.

22 (3) FEDERAL SHARE.—The Federal share of the

23 cost of carrying out any project under this subsection

24 shall not exceed $5,000,000.

25 (d) GENERAL PROVISIONS.—
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1 (1) WATER QUALITY.—In carrying out projects

2 and activities under this section, the Secretary shall

3 take into account the protection of water quality by

4 considering applicable State water quality standards.

5 (2) PUBLIC PARTICIPATION.—In developing the

6 comprehensive plan under subsection (b) and car7 rying out projects under subsection (c), the Secretary

8 shall implement procedures to facilitate public par9 ticipation, including providing advance notice of

10 meetings, providing adequate opportunity for public

11 input and comment, maintaining appropriate

12 records, and making a record of the proceedings of

13 meetings available for public inspection.

14 (e) COORDINATION.—The Secretary shall integrate and

15 coordinate projects and activities carried out under this sec16 tion with ongoing Federal and State programs, projects,

17 and activities, including the following:

18 (1) Upper Mississippi River System-Environ19 mental Management Program authorized under sec20 tion 1103 of the Water Resources Development Act of

21 1986 (33 U.S.C. 652).

22 (2) Upper Mississippi River Illinois Waterway

23 System Study.

24 (3) Kankakee River Basin General Investigation.
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1 (4) Peoria Riverfront Development General In2 vestigation.

3 (5) Illinois River Ecosystem Restoration General

4 Investigation.

5 (6) Conservation Reserve Program and other

6 farm programs of the Department of Agriculture.

7 (7) Conservation Reserve Enhancement Program

8 (State) and Conservation 2000, Ecosystem Program

9 of the Illinois Department of Natural Resources.

10 (8) Conservation 2000 Conservation Practices

11 Program and the Livestock Management Facilities

12 Act administered by the Illinois Department of Agri13 culture.

14 (9) National Buffer Initiative of the Natural Re15 sources Conservation Service.

16 (10) Nonpoint source grant program adminis17 tered by the Illinois Environmental Protection Agen18 cy.

19 (f) JUSTIFICATION.—

20 (1) IN GENERAL.—Notwithstanding section 209

21 of the Flood Control Act of 1970 (42 U.S.C. 1962–2)

22 or any other provision of law, in carrying out activi23 ties to restore, preserve, and protect the Illinois River

24 basin under this section, the Secretary may determine

25 that the activities—
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1 (A) are justified by the environmental bene2 fits derived by the Illinois River basin; and

3 (B) shall not need further economic jus4 tification if the Secretary determines that the ac5 tivities are cost-effective.

6 (2) APPLICABILITY.—Paragraph (1) shall not

7 apply to any separable element intended to produce

8 benefits that are predominantly unrelated to the res9 toration, preservation, and protection of the Illinois

10 River basin.

11 (g) COST SHARING.—

12 (1) IN GENERAL.—The non-Federal share of the

13 cost of projects and activities carried out under this

14 section shall be 35 percent.

15 (2) OPERATION, MAINTENANCE, REHABILITATION,

16 AND REPLACEMENT.—The operation, maintenance, re17 habilitation, and replacement of projects carried out

18 under this section shall be a non-Federal responsi19 bility.

20 (3) IN-KIND SERVICES.—The value of in-kind

21 services provided by the non-Federal interest for a

22 project or activity carried out under this section may

23 be credited toward not more than 80 percent of the

24 non-Federal share of the cost of the project or activity.

25 In-kind services shall include all State funds ex-
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1 pended on programs and projects which accomplish

2 the goals of this section, as determined by the Sec3 retary. Such programs and projects may include the

4 Illinois River Conservation Reserve Program, the Illi5 nois Conservation 2000 Program, the Open Lands

6 Trust Fund, and other appropriate programs carried

7 out in the Illinois River basin.

8 (4) CREDIT.—

9 (A) VALUE OF LANDS.—If the Secretary de10 termines that lands or interests in land acquired

11 by a non-Federal interest, regardless of the date

12 of acquisition, are integral to a project or activ13 ity carried out under this section, the Secretary

14 may credit the value of the lands or interests in

15 land toward the non-Federal share of the cost of

16 the project or activity. Such value shall be deter17 mined by the Secretary.

18 (B) WORK.—If the Secretary determines

19 that any work completed by a non-Federal inter20 est, regardless of the date of completion, is inte21 gral to a project or activity carried out under

22 this section, the Secretary may credit the value

23 of the work toward the non-Federal share of the

24 cost of the project or activity. Such value shall

25 be determined by the Secretary.
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1 SEC. 570. GREAT LAKES.

2 (a) GREAT LAKES TRIBUTARY MODEL.—Section 516

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

4 2326b) is amended—

5 (1) by adding at the end of subsection (e) the fol6 lowing:

7 ‘‘(3) REPORT.—Not later than December 31,

8 2003, the Secretary shall transmit to Congress a re9 port on the Secretary’s activities under this sub10 section.’’; and

11 (2) in subsection (g)—

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

13 inserting the following:

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

15 (B) by adding at the end the following:

16 ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In ad17 dition to amounts made available under paragraph

18 (1), there is authorized to be appropriated to carry

19 out subsection (e) $5,000,000 for each of fiscal years

20 2002 through 2006.’’; and

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

22 paragraph (1) (as designated by subparagraph

23 (A) of this paragraph) with paragraph (2) (as

24 added by subparagraph (B) of this paragraph).

25 (b) ALTERNATIVE ENGINEERING TECHNOLOGIES.—
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1 (1) DEVELOPMENT OF PLAN.—The Secretary

2 shall develop and transmit to Congress a plan to en3 hance the application of ecological principles and

4 practices to traditional engineering problems at Great

5 Lakes shores.

6 (2) AUTHORIZATION OF APPROPRIATIONS.—

7 There is authorized to be appropriated to carry out

8 this subsection $200,000. Activities under this sub9 section shall be carried out at Federal expense.

10 (c) FISHERIES AND ECOSYSTEM RESTORATION.—

11 (1) DEVELOPMENT OF PLAN.—The Secretary

12 shall develop and transmit to Congress a plan for im13 plementing Corps of Engineers activities, including

14 ecosystem restoration, to enhance the management of

15 Great Lakes fisheries.

16 (2) AUTHORIZATION OF APPROPRIATIONS.—

17 There is authorized to be appropriated to carry out

18 this subsection $300,000. Activities under this sub19 section shall be carried out at Federal expense.

20 SEC. 571. GREAT LAKES REMEDIAL ACTION PLANS AND

21 SEDIMENT REMEDIATION.

22 Section 401 of the Water Resources Development Act

23 of 1990 (33 U.S.C. 1268 note; 110 Stat. 3763; 113 Stat.

24 338) is amended—
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1 (1) in subsection (a)(2)(A) by striking ‘‘50 per2 cent’’ and inserting ‘‘35 percent’’;

3 (2) in subsection (b)—

4 (A) by striking paragraph (3);

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

6 striking ‘‘50 percent’’ and inserting ‘‘35 per7 cent’’; and

8 (C) by redesignating paragraph (4) as

9 paragraph (3); and

10 (3) in subsection (c) by striking ‘‘$5,000,000 for

11 each of fiscal years 1998 through 2000.’’ and insert12 ing ‘‘$10,000,000 for each of fiscal years 2001 through

13 2005.’’.

14 SEC. 572. GREAT LAKES DREDGING LEVELS ADJUSTMENT.

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

16 term ‘‘Great Lake’’ means Lake Superior, Lake Michigan,

17 Lake Huron (including Lake St. Clair), Lake Erie, and

18 Lake Ontario (including the St. Lawrence River to the 45th

19 parallel of latitude).

20 (b) DREDGING LEVELS.—In operating and maintain21 ing Federal channels and harbors of, and the connecting

22 channels between, the Great Lakes, the Secretary shall con23 duct such dredging as is necessary to ensure minimal oper24 ation depths consistent with the original authorized depths

25 of the channels and harbors when water levels in the Great
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1 Lakes are, or are forecast to be, below the International

2 Great Lakes Datum of 1985.

3 SEC. 573. DREDGED MATERIAL RECYCLING.

4 (a) PILOT PROGRAM.—The Secretary shall conduct a

5 pilot program to provide incentives for the removal of

6 dredged material from a confined disposal facility associ7 ated with a harbor on the Great Lakes or the Saint Law8 rence River and a harbor on the Delaware River in Penn9 sylvania for the purpose of recycling the dredged material

10 and extending the life of the confined disposal facility.

11 (b) REPORT.—Not later than 90 days after the date

12 of completion of the pilot program, the Secretary shall

13 transmit to Congress a report on the results of the program.

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

15 authorized to be appropriated to carry out this section

16 $2,000,000.

17 SEC. 574. WATERSHED MANAGEMENT, RESTORATION, AND

18 DEVELOPMENT.

19 Section 503(d) of the Water Resources Development

20 Act of 1996 (110 Stat. 3756–3757; 113 Stat. 288) is amend21 ed by adding at the end the following:

22 ‘‘(28) Tomales Bay watershed, California.

23 ‘‘(29) Kaskaskia River watershed, Illinois.

24 ‘‘(30) Sangamon River watershed, Illinois.
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1 ‘‘(31) Lackawanna River watershed, Pennsyl2 vania.

3 ‘‘(32) Upper Charles River watershed, Massachu4 setts.

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

6 SEC. 575. MAINTENANCE OF NAVIGATION CHANNELS.

7 Section 509(a) of the Water Resources Development

8 Act of 1996 (110 Stat. 3759; 113 Stat. 339) is amended

9 by adding at the end the following:

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

11 Calcasieu River and Pass Ship Channel.

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

13 SEC. 576. SUPPORT OF ARMY CIVIL WORKS PROGRAM.

14 The requirements of section 2361 of title 10, United

15 States Code, shall not apply to any contract, cooperative

16 research and development agreement, cooperative agree17 ment, or grant entered into under section 229 of the Water

18 Resources Development Act of 1996 (110 Stat. 3703) be19 tween the Secretary and Marshall University or entered

20 into under section 350 of the Water Resources Development

21 Act of 1999 (113 Stat. 310) between the Secretary and Ju22 niata College.

23 SEC. 577. NATIONAL RECREATION RESERVATION SERVICE.

24 Notwithstanding section 611 of the Treasury and Gen25 eral Government Appropriations Act, 1999 (112 Stat.
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1 2861–515), the Secretary may participate in the National

2 Recreation Reservation Service on an interagency basis and

3 fund the Department of the Army’s share of the cost of ac4 tivities required for implementing, operating, and main5 taining the Service.

6 SEC. 578. HYDROGRAPHIC SURVEY.

7 The Secretary shall enter into an agreement with the

8 Administrator of the National Oceanographic and Atmos9 pheric Administration to require the Secretary, not later

10 than 60 days after the Corps of Engineers completes a

11 project involving dredging of a channel, to provide data to

12 the Administration in a standard digital format on the re13 sults of a hydrographic survey of the channel conducted by

14 the Corps of Engineers.

15 SEC. 579. PERCHLORATE.

16 (a) IN GENERAL.—The Secretary, in cooperation with

17 Federal, State, and local government agencies, may partici18 pate in studies and other investigative activities and in the

19 planning and design of projects determined by the Secretary

20 to offer a long-term solution to the problem of groundwater

21 contamination caused by perchlorates.

22 (b) INVESTIGATIONS AND PROJECTS.—

23 (1) BOSQUE AND LEON RIVERS.—The Secretary,

24 in coordination with other Federal agencies and the

25 Brazos River Authority, shall participate under sub-
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1 section (a) in investigations and projects in the

2 Bosque and Leon River watersheds in Texas to assess

3 the impact of the perchlorate associated with the

4 former Naval ‘‘Weapons Industrial Reserve Plant’’ at

5 McGregor, Texas.

6 (2) CADDO LAKE.—The Secretary, in coordina7 tion with other Federal agencies and the Northeast

8 Texas Municipal Water District, shall participate

9 under subsection (a) in investigations and projects re10 lating to perchlorate contamination in Caddo Lake,

11 Texas.

12 (3) EASTERN SANTA CLARA BASIN.—The Sec13 retary, in coordination with other Federal, State, and

14 local government agencies, shall participate under

15 subsection (a) in investigations and projects related to

16 sites that are sources of perchlorates and that are lo17 cated in the city of Santa Clarita, California.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—For the

19 purposes of carrying out this section, there is authorized

20 to be appropriated to the Secretary $25,000,000, of which

21 not to exceed $8,000,000 shall be available to carry out sub22 section (b)(1), not to exceed $3,000,000 shall be available

23 to carry out subsection (b)(2), and not to exceed $7,000,000

24 shall be available to carry out subsection (b)(3).
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1 SEC. 580. ABANDONED AND INACTIVE NONCOAL MINE RES2 TORATION.

3 Section 560 of the Water Resources Development Act

4 of 1999 (33 USC 2336; 113 Stat. 354–355) is amended—

5 (1) in subsection (a) by striking ‘‘and design’’

6 and inserting ‘‘design, and construction’’;

7 (2) in subsection (c) by striking ‘‘50’’ and insert8 ing ‘‘35’’;

9 (3) in subsection (e) by inserting ‘‘and colleges

10 and universities, including the members of the West11 ern Universities Mine-Land Reclamation and Res12 toration Consortium, for the purposes of assisting in

13 the reclamation of abandoned noncoal mines and’’

14 after ‘‘entities’’; and

15 (4) by striking subsection (f) and inserting the

16 following:

17 ‘‘(f) NON-FEDERAL INTERESTS.—In this section, the

18 term ‘non-Federal interests’ includes, with the consent of

19 the affected local government, nonprofit entities, notwith20 standing section 221 of the Flood Control Act of 1970 (42

21 U.S.C. 1962d-5b).

22 ‘‘(g) OPERATION AND MAINTENANCE.—The non-Fed23 eral share of the costs of operation and maintenance for

24 a project carried out under this section shall be 100 percent.

25 ‘‘(h) CREDIT.—A non-Federal interest shall receive

26 credit toward the non-Federal share of the cost of a project
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1 under this section for design and construction services and

2 other in-kind consideration provided by the non-Federal in3 terest if the Secretary determines that such design and con4 struction services and other in-kind consideration are inte5 gral to the project.

6 ‘‘(i) COST LIMITATION.—Not more than $10,000,000

7 of the amounts appropriated to carry out this section may

8 be allotted for projects in a single locality, but the Secretary

9 may accept funds voluntarily contributed by a non-Federal

10 or Federal entity for the purpose of expanding the scope

11 of the services requested by the non-Federal or Federal enti12 ty.

13 ‘‘(j) NO EFFECT ON LIABILITY.—The provision of as14 sistance under this section shall not relieve from liability

15 any person that would otherwise be liable under Federal

16 or State law for damages, response costs, natural resource

17 damages, restitution, equitable relief, or any other relief.

18 ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to carry out this section

20 $45,000,000. Such sums shall remain available until ex21 pended.’’.

22 SEC. 581. LAKES PROGRAM.

23 Section 602 of the Water Resources Development Act

24 of 1986 (100 Stat. 4148–4149) is further amended—
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1 (1) in subsection (b) by inserting ‘‘and activity’’

2 after ‘‘project’’;

3 (2) in subsection (c) by inserting ‘‘and activities

4 under subsection (f)’’ before the comma; and

5 (3) by adding at the end the following:

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

7 OTSEGO LAKE, NEW YORK.—

8 ‘‘(1) IN GENERAL.—The Secretary shall construct

9 an environmental education and research facility at

10 Otsego Lake, New York. The purpose of the Center

11 shall be to—

12 ‘‘(A) conduct nationwide research on the

13 impacts of water quality and water quantity on

14 lake hydrology and the hydrologic cycle;

15 ‘‘(B) develop technologies and strategies for

16 monitoring and improving water quality in the

17 Nation’s lakes; and

18 ‘‘(C) provide public education regarding the

19 biological, economic, recreational, and aesthetic

20 value of the Nation’s lakes.

21 ‘‘(2) USE OF RESEARCH.—The results of research

22 and education activities carried out at the Center

23 shall be applied to the program under subsection (a)

24 and to other Federal programs, projects, and activi-
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1 ties that are intended to improve or otherwise affect

2 lakes.

3 ‘‘(3) BIOLOGICAL MONITORING STATION.—A cen4 tral function of the Center shall be to research, de5 velop, test, and evaluate biological monitoring tech6 nologies and techniques for potential use at lakes list7 ed in subsection (a) and throughout the Nation.

8 ‘‘(4) CREDIT.—The non-Federal sponsor shall re9 ceive credit for lands, easements, rights-of-way, and

10 relocations toward its share of project costs.

11 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—In

12 addition to sums authorized by subsection (d), there

13 is authorized to be appropriated to carry out this sub14 section $6,000,000. Such sums shall remain available

15 until expended.’’.

16 SEC. 582. RELEASE OF USE RESTRICTION.

17 (a) RELEASE.—Notwithstanding any other provision

18 of law, the Tennessee Valley Authority shall grant a release

19 or releases, without monetary consideration, from the re20 striction covenant which requires that property described

21 in subsection (b) shall at all times be used solely for the

22 purpose of erecting docks and buildings for shipbuilding

23 purposes or for the manufacture or storage of products for

24 the purpose of trading or shipping in transportation.
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1 (b) DESCRIPTION OF PROPERTY.—This section shall

2 apply only to those lands situated in the city of Decatur,

3 Morgan County, Alabama, and running along the easterly

4 boundary of a tract of land described in an indenture con5 veying such lands to the Ingalls Shipbuilding Corporation

6 dated July 29, 1954, and recorded in deed book 535 at page

7 6 in the office of the Probate Judge of Morgan County, Ala8 bama, which are owned or may hereafter be acquired by

9 the Alabama Farmers Cooperative, Inc.

10 SEC. 583. COMPREHENSIVE ENVIRONMENTAL RESOURCES

11 PROTECTION.

12 (a) IN GENERAL.—Under section 219(a) of the Water

13 Resources Development Act of 1992 (106 Stat. 4835), the

14 Secretary may provide technical, planning, and design as15 sistance to non-Federal interests to carry out water-related

16 projects described in this section.

17 (b) NON-FEDERAL SHARE.—Notwithstanding section

18 219(b) of the Water Resources Development Act of 1992

19 (106 Stat. 4835), the non-Federal share of the cost of each

20 project assisted in accordance with this section shall be 25

21 percent.

22 (c) PROJECT DESCRIPTIONS.—The Secretary may pro23 vide assistance in accordance with subsection (a) to each

24 of the following projects:
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1 (1) MARANA, ARIZONA.—Wastewater treatment

2 and distribution infrastructure, Marana, Arizona.

3 (2) EASTERN ARKANSAS ENTERPRISE COMMU4 NITY, ARKANSAS.—Water-related infrastructure, East5 ern Arkansas Enterprise Community, Cross, Lee,

6 Monroe, and St. Francis Counties, Arkansas.

7 (3) CHINO HILLS, CALIFORNIA.—Storm water

8 and sewage collection infrastructure, Chino Hills,

9 California.

10 (4) CLEAR LAKE BASIN, CALIFORNIA.—Water-re11 lated infrastructure and resource protection, Clear

12 Lake Basin, California.

13 (5) DESERT HOT SPRINGS, CALIFORNIA.—Re14 source protection and wastewater infrastructure,

15 Desert Hot Springs, California.

16 (6) EASTERN MUNICIPAL WATER DISTRICT, CALI17 FORNIA.—Regional water-related infrastructure, East18 ern Municipal Water District, California.

19 (7) HUNTINGTON BEACH, CALIFORNIA.—Water

20 supply and wastewater infrastructure, Huntington

21 Beach, California.

22 (8) INGLEWOOD, CALIFORNIA.—Water infrastruc23 ture, Inglewood, California.
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1 (9) LOS OSOS COMMUNITY SERVICE DISTRICT,

2 CALIFORNIA.—Wastewater infrastructure, Los Osos

3 Community Service District, California.

4 (10) NORWALK, CALIFORNIA.—Water-related in5 frastructure, Norwalk, California.

6 (11) KEY BISCAYNE, FLORIDA.—Sanitary sewer

7 infrastructure, Key Biscayne, Florida.

8 (12) SOUTH TAMPA, FLORIDA.—Water supply

9 and aquifer storage and recovery infrastructure,

10 South Tampa, Florida.

11 (13) FORT WAYNE, INDIANA.—Combined sewer

12 overflow infrastructure and wetlands protection, Fort

13 Wayne, Indiana.

14 (14) INDIANAPOLIS, INDIANA.—Combined sewer

15 overflow infrastructure, Indianapolis, Indiana.

16 (15) ST. CHARLES, ST. BERNARD, AND

17 PLAQUEMINES PARISHES, LOUISIANA.—Water and

18 wastewater infrastructure, St. Charles, St. Bernard,

19 and Plaquemines Parishes, Louisiana.

20 (16) ST. JOHN THE BAPTIST AND ST. JAMES PAR21 ISHES, LOUISIANA.—Water and sewer improvements,

22 St. John the Baptist and St. James Parishes, Lou23 isiana.

24 (17) UNION COUNTY, NORTH CAROLINA.—Water

25 infrastructure, Union County, North Carolina.
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1 (18) HOOD RIVER, OREGON.—Water trans2 mission infrastructure, Hood River, Oregon.

3 (19) MEDFORD, OREGON.—Sewer collection in4 frastructure, Medford, Oregon.

5 (20) PORTLAND, OREGON.—Water infrastructure

6 and resource protection, Portland, Oregon.

7 (21) COUDERSPORT, PENNSYLVANIA.—Sewer sys8 tem extensions and improvements, Coudersport, Penn9 sylvania.

10 (22) PARK CITY, UTAH.—Water supply infra11 structure, Park City, Utah.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) IN GENERAL.—There is authorized to be ap14 propriated $25,000,000 for providing assistance in

15 accordance with subsection (a) to the projects de16 scribed in subsection (c).

17 (2) AVAILABILITY.—Sums authorized to be ap18 propriated under this subsection shall remain avail19 able until expended.

20 (e) ADDITIONAL ASSISTANCE FOR CRITICAL RE21 SOURCE PROJECTS.—The Secretary may provide assistance

22 in accordance with subsection (a) and assistance for con23 struction for each the following projects:
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1 (1) DUCK RIVER, CULLMAN, ALABAMA.—

2 $5,000,000 for water supply infrastructure, Duck

3 River, Cullman, Alabama.

4 (2) UNION COUNTY, ARKANSAS.—$52,000,000 for

5 water supply infrastructure, including facilities for

6 withdrawal, treatment, and distribution, Union

7 County, Arkansas.

8 (3) CAMBRIA, CALIFORNIA.—$10,300,000 for de9 salination infrastructure, Cambria, California.

10 (4) LOS ANGELES HARBOR/TERMINAL ISLAND,

11 CALIFORNIA.—$6,500,000 for wastewater recycling in12 frastructure, Los Angeles Harbor/Terminal Island,

13 California.

14 (5) NORTH VALLEY REGION, LANCASTER, CALI15 FORNIA.—$14,500,000 for water infrastructure, North

16 Valley Region, Lancaster, California.

17 (6) SAN DIEGO COUNTY, CALIFORNIA.—

18 $10,000,000 for water-related infrastructure, San

19 Diego County, California.

20 (7) SOUTH PERRIS, CALIFORNIA.—$25,000,000

21 for water supply desalination infrastructure, South

22 Perris, California.

23 (8) AURORA, ILLINOIS.—$8,000,000 for waste24 water infrastructure to reduce or eliminate combined

25 sewer overflows, Aurora, Illinois.
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1 (9) COOK COUNTY, ILLINOIS.—$35,000,000 for

2 water-related infrastructure and resource protection

3 and development, Cook County, Illinois.

4 (10) MADISON AND ST. CLAIR COUNTIES, ILLI5 NOIS.—$10,000,000 for water and wastewater assist6 ance, Madison and St. Clair Counties, Illinois.

7 (11) IBERIA PARISH, LOUISIANA.—$5,000,000 for

8 water and wastewater infrastructure, Iberia Parish,

9 Louisiana.

10 (12) KENNER, LOUISIANA.—$5,000,000 for

11 wastewater infrastructure, Kenner, Louisiana.

12 (13) GARRISON AND KATHIO TOWNSHIP, MIN13 NESOTA.—$11,000,000 for a wastewater infrastruc14 ture project for the city of Garrison and Kathio

15 Township, Minnesota.

16 (14) NEWTON, NEW JERSEY.—$7,000,000 for

17 water filtration infrastructure, Newton, New Jersey.

18 (15) LIVERPOOL, NEW YORK.—$2,000,000 for

19 water infrastructure, including a pump station,

20 Liverpool, New York.

21 (16) STANLY COUNTY, NORTH CAROLINA.—

22 $8,900,000 for wastewater infrastructure, Stanly

23 County, North Carolina.

24 (17) YUKON, OKLAHOMA.—$5,500,000 for water25 related infrastructure, including wells, booster sta-
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1 tions, storage tanks, and transmission lines, Yukon,

2 Oklahoma.

3 (18) ALLEGHENY COUNTY, PENNSYLVANIA.—

4 $20,000,000 for water-related environmental infra5 structure, Allegheny County, Pennsylvania.

6 (19) MOUNT JOY TOWNSHIP AND CONEWAGO

7 TOWNSHIP, PENNSYLVANIA.—$8,300,000 for water

8 and wastewater infrastructure, Mount Joy Township

9 and Conewago Township, Pennsylvania.

10 (20) PHOENIXVILLE BOROUGH, CHESTER COUN11 TY, PENNSYLVANIA.—$2,400,000 for water and sewer

12 infrastructure, Phoenixville Borough, Chester County,

13 Pennsylvania.

14 (21) TITUSVILLE, PENNSYLVANIA.—$7,300,000

15 for storm water separation and treatment plant up16 grades, Titusville, Pennsylvania.

17 (22) WASHINGTON, GREENE, WESTMORELAND,

18 AND FAYETTE COUNTIES, PENNSYLVANIA.—$8,000,000

19 for water and wastewater infrastructure, Washington,

20 Greene, Westmoreland, and Fayette Counties, Penn21 sylvania.

22 SEC. 584. MODIFICATION OF AUTHORIZATIONS FOR ENVI23 RONMENTAL PROJECTS.

24 Section 219 of the Water Resources Development Act

25 of 1992 (106 Stat. 4835, 4836) is amended—
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1 (1) in subsection (e)(6) by striking

2 ‘‘$20,000,000’’ and inserting ‘‘$30,000,000’’;

3 (2) in subsection (f)(4) by striking

4 ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’;

5 (3) in subsection (f)(21) by striking

6 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’;

7 (4) in subsection (f)(25) by striking

8 ‘‘$5,000,000’’ and inserting ‘‘$15,000,000’’;

9 (5) in subsection (f)(30) by striking

10 ‘‘$10,000,000’’ and inserting ‘‘$20,000,000’’;

11 (6) in subsection (f)(43) by striking

12 ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’; and

13 (7) in subsection (f) by adding at the end the fol14 lowing new paragraph:

15 ‘‘(44) WASHINGTON, D.C., AND MARYLAND.—

16 $15,000,000 for the project described in subsection

17 (c)(1), modified to include measures to eliminate or

18 control combined sewer overflows in the Anacostia

19 River watershed.’’.

20 SEC. 585. LAND CONVEYANCES.

21 (a) THOMPSON, CONNECTICUT.—

22 (1) IN GENERAL.—The Secretary shall convey by

23 quitclaim deed without consideration to the town of

24 Thompson, Connecticut, all right, title, and interest of

25 the United States in and to the approximately 1.36-
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1 acre parcel of land described in paragraph (2) for

2 public ownership and use by the town for fire fighting

3 and related emergency services purposes.

4 (2) LAND DESCRIPTION.—The parcel of land re5 ferred to in paragraph (1) is in the town of Thomp6 son, county of Windham, State of Connecticut, on the

7 northerly side of West Thompson Road owned by the

8 United States and shown as Parcel A on a plan by

9 Provost, Rovero, Fitzback entitled ‘‘Property Survey

10 Prepared for West Thompson Independent Firemen

11 Association #1’’ dated August 24, 1998, bounded and

12 described as follows:

13 Beginning at a bound labeled WT–276 on

14 the northerly side line of West Thompson Road,

15 so called, at the most south corner of the Parcel

16 herein described and at land now or formerly of

17 West Thompson Independent Firemen Associa18 tion No. 1;

19 Thence in a generally westerly direction by

20 said northerly side line of West Thompson Road,

21 by a curve to the left, having a radius of 640.00

22 feet a distance of 169.30 feet to a point;

23 Thence North 13 degrees, 08 minutes, 37

24 seconds East by the side line of said West
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1 Thompson Road a distance of 10.00 feet to a

2 point;

3 Thence in a generally westerly direction by

4 the northerly side line of said West Thompson

5 Road, by a curve to the left having a radius of

6 650.00 feet a distance of 109.88 feet to a bound

7 labeled WT–123, at land now or formerly of the

8 United States of America;

9 Thence North 44 degrees, 43 minutes, 07

10 seconds East by said land now or formerly of the

11 United States of America a distance of 185.00

12 feet to a point;

13 Thence North 67 degrees, 34 minutes, 13

14 seconds East by said land now or formerly of the

15 United States of America a distance of 200.19

16 feet to a point in a stonewall;

17 Thence South 20 degrees, 49 minutes, 17

18 seconds East by a stonewall and by said land

19 now or formerly of the United States of America

20 a distance of 253.10 feet to a point at land now

21 or formerly of West Thompson Independent Fire22 men Association No. 1;

23 Thence North 57 degrees, 45 minutes, 25

24 seconds West by land now or formerly of said

25 West Thompson Independent Firemen Associa-
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1 tion No. 1 a distance of 89.04 feet to a bound la2 beled WT–277;

3 Thence South 32 degrees, 14 minutes, 35

4 seconds West by land now or formerly of said

5 West Thompson Independent Firemen Associa6 tion No. 1 a distance of 123.06 feet to the point

7 of beginning.

8 (3) REVERSION.—If the Secretary determines

9 that the parcel described in paragraph (2) ceases to

10 be held in public ownership or used for fire fighting

11 and related emergency services, all right, title, and

12 interest in and to the parcel shall revert to the United

13 States.

14 (b) SIBLEY MEMORIAL HOSPITAL, WASHINGTON, DIS15 TRICT OF COLUMBIA.—

16 (1) IN GENERAL.—The Secretary shall convey to

17 the Lucy Webb Hayes National Training School for

18 Deaconesses and Missionaries Conducting Sibley Me19 morial Hospital (in this subsection referred to as the

20 ‘‘Hospital’’) by quitclaim deed under the terms of a

21 negotiated sale, all right, title, and interest of the

22 United States in and to the 8.864-acre parcel of land

23 described in paragraph (2) for medical care and

24 parking purposes. The consideration paid under such

25 negotiated sale shall reflect the value of the parcel,
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1 taking into consideration the terms and conditions of

2 the conveyance imposed under this subsection.

3 (2) LAND DESCRIPTION.—The parcel of land re4 ferred to in paragraph (1) is the parcel described as

5 follows: Beginning at a point on the westerly right6 of-way line of Dalecarlia Parkway, said point also

7 being on the southerly division line of part of Square

8 N1448, A&T Lot 801 as recorded in A&T 2387 and

9 part of the property of the United States Government,

10 thence with said southerly division line now de11 scribed:

12 (A) North 35° 05′ 40′′ West—436.31 feet to

13 a point, thence

14 (B) South 89° 59′ 30′′ West—550 feet to a

15 point, thence

16 (C) South 53° 48′ 00′′ West—361.08 feet to

17 a point, thence

18 (D) South 89° 59′ 30′′ West—466.76 feet to

19 a point at the southwesterly corner of the afore20 said A&T Lot 801, said point also being on the

21 easterly right-of-way line of MacArthur Boule22 vard, thence with a portion of the westerly divi23 sion line of said A&T Lot 801 and the easterly

24 right-of-way line of MacArthur Boulevard, as

25 now described.
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1 (E) 78.62 feet along the arc of a curve to the

2 right having a radius of 650.98 feet, chord bear3 ing and distance of North 06° 17′ 20′′ West—

4 78.57 feet to a point, thence crossing to include

5 a portion of aforesaid A&T Lot 801 and a por6 tion of the aforesaid Dalecarlia Reservoir

7 Grounds, as now described

8 (F) North 87° 18′ 21′′ East—258.85 feet to

9 a point, thence

10 (G) North 02° 49′ 16′′ West—214.18 feet to

11 a point, thence

12 (H) South 87° 09′ 00′′ West—238.95 feet to

13 a point on the aforesaid easterly right-of-way

14 line of MacArthur Boulevard, thence with said

15 easterly right-of-way line, as now described

16 (I) North 08° 41′ 30′′ East—30.62 feet to a

17 point, thence crossing to include a portion of

18 aforesaid A&T Lot 801 and a portion of the

19 aforesaid Dalecarlia Reservoir Grounds, as now

20 described

21 (J) North 87° 09′ 00′′ East—373.96 feet to

22 a point, thence

23 (K) North 88° 42′ 48′′ East—374.92 feet to

24 a point, thence
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1 (L) North 56° 53′ 40′′ East—53.16 feet to

2 a point, thence

3 (M) North 86° 00′ 15′′ East—26.17 feet to

4 a point, thence

5 (N) South 87° 24′ 50′′ East—464.01 feet to

6 a point, thence

7 (O) North 83° 34′ 31′′ East—212.62 feet to

8 a point, thence

9 (P) South 30° 16′ 12′′ East—108.97 feet to

10 a point, thence

11 (Q) South 38° 30′ 23′′ East—287.46 feet to

12 a point, thence

13 (R) South 09° 03′ 38′′ West—92.74 feet to

14 the point on the aforesaid westerly right-of-way

15 line of Dalecarlia Parkway, thence with said

16 westerly right-of-way line, as now described

17 (S) 197.74 feet along the arc of a curve to

18 the right having a radius of 916.00 feet, chord

19 bearing and distance of South 53° 54′ 43′′

20 West—197.35 feet to the place of beginning.

21 (3) TERMS AND CONDITIONS.—The conveyance

22 under this subsection shall be subject to the following

23 terms and conditions:

24 (A) LIMITATION ON THE USE OF CERTAIN

25 PORTIONS OF THE PARCEL.—The Secretary shall
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1 include in any deed conveying the parcel under

2 this section a restriction to prevent the Hospital,

3 and its successors and assigns, from constructing

4 any structure, other than a structure used exclu5 sively for the parking of motor vehicles, on the

6 portion of the parcel that lies between the Wash7 ington Aqueduct and Little Falls Road.

8 (B) LIMITATION ON CERTAIN LEGAL CHAL9 LENGES.—The Secretary shall require the Hos10 pital, and its successors and assigns, to refrain

11 from raising any legal challenge to the oper12 ations of the Washington Aqueduct arising from

13 any impact such operations may have on the ac14 tivities conducted by the Hospital on the parcel.

15 (C) EASEMENT.—The Secretary shall re16 quire that the conveyance be subject to the reten17 tion of an easement permitting the United

18 States, and its successors and assigns, to use and

19 maintain the portion of the parcel described as

20 follows: Beginning at a point on the easterly or

21 South 35° 05′ 40′′ East—436.31 foot plat line of

22 Lot 25 as shown on a subdivision plat recorded

23 in book 175 page 102 among the records of the

24 Office of the Surveyor of the District of Colum25 bia, said point also being on the northerly right-
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•S 2796 EAH

1 of-way line of Dalecarlia Parkway, thence run2 ning with said easterly line of Lot 25 and cross3 ing to include a portion of the aforsaid

4 Dalecarlia Reservoir Grounds as now described:

5 (i) North 35° 05′ 40′′ West—495.13

6 feet to a point, thence

7 (ii) North 87° 24′ 50′′ West—414.43

8 feet to a point, thence

9 (iii) South 81° 08′ 00′′ West—69.56

10 feet to a point, thence

11 (iv) South 88° 42′ 48′′ West—367.50

12 feet to a point, thence

13 (v) South 87° 09′ 00′′ West—379.68

14 feet to a point on the easterly right-of-way

15 line of MacArthur Boulevard, thence with

16 said easterly right-of-way line, as now de17 scribed

18 (vi) North 08° 41′ 30′′ East—30.62

19 feet to a point, thence crossing to include a

20 portion of the aforesaid Dalecarlia Res21 ervoir Grounds, as now described

22 (vii) North 87° 09′ 00′′ East—373.96

23 feet to a point, thence

24 (viii) North 88° 42′ 48′′ East—374.92

25 feet to a point, thence
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1 (ix) North 56° 53′ 40′′ East—53.16

2 feet to a point, thence

3 (x) North 86° 00′ 15′′ East—26.17 feet

4 to a point, thence

5 (xi) South 87° 24′ 50′′ East—464.01

6 feet to a point, thence

7 (xii) North 83° 34′ 31′′ East—50.62

8 feet to a point, thence

9 (xiii) South 02° 35′ 10′′ West—46.46

10 feet to a point, thence

11 (xiv) South 13° 38′ 12′′ East—107.83

12 feet to a point, thence

13 (xv) South 35° 05′ 40′′ East—347.97

14 feet to a point on the aforesaid northerly

15 right-of-way line of Dalecarlia Parkway,

16 thence with said right-of-way line, as now

17 described

18 (xvi) 44.12 feet along the arc of a curve

19 to the right having a radius of 855.00 feet,

20 chord bearing and distance of South 58° 59′

21 22′′ West—44.11 feet to the place of begin22 ning containing 1.7157 acres of land more

23 or less as now described by Maddox Engi24 neers and Surveyors, Inc., June 2000, Job

25 #00015.
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1 (4) APPRAISAL.—Before conveying any right,

2 title, or interest under this subsection, the Secretary

3 shall obtain an appraisal of the fair market value of

4 the parcel.

5 (c) ONTONAGON, MICHIGAN.—

6 (1) IN GENERAL.—The Secretary shall convey by

7 quitclaim deed without consideration to the

8 Ontonagon County Historical Society all right, title,

9 and interest of the United States in and to the parcel

10 of land underlying and immediately surrounding the

11 lighthouse at Ontonagon, Michigan, consisting of ap12 proximately 1.8 acres, together with any improve13 ments thereon, for public ownership and for public

14 purposes.

15 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—

16 The exact acreage and the legal description of the real

17 property described in paragraph (1) shall be deter18 mined by a survey that is satisfactory to the Sec19 retary.

20 (3) REVERSION.—If the Secretary determines

21 that the real property described in paragraph (1)

22 ceases to be held in public ownership or used for pub23 lic purposes, all right, title, and interest in and to the

24 property shall revert to the United States.

25 (d) PIKE COUNTY, MISSOURI.—
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•S 2796 EAH

1 (1) LAND EXCHANGE.—Subject to paragraphs

2 (3) and (4), at such time as S.S.S., Inc. conveys all

3 right, title, and interest in and to the parcel of land

4 described in paragraph (2)(A) to the United States,

5 the Secretary shall convey by quitclaim deed all right,

6 title, and interest in the parcel of land described in

7 paragraph (2)(B) to S.S.S., Inc.

8 (2) LAND DESCRIPTION.—The parcels of land re9 ferred to in paragraph (1) are the following:

10 (A) NON-FEDERAL LAND.—8.99 acres with

11 existing flowage easements situated in Pike

12 County, Missouri, adjacent to land being ac13 quired from Holnam, Inc. by the Corps of Engi14 neers.

15 (B) FEDERAL LAND.—8.99 acres situated in

16 Pike County, Missouri, known as Government

17 Tract Numbers FM–46 and FM–47, adminis18 tered by the Corps of Engineers.

19 (3) CONDITIONS.—The exchange of land under

20 paragraph (1) shall be subject to the following condi21 tions:

22 (A) DEEDS.—

23 (i) NON-FEDERAL LAND.—The convey24 ance of the land described in paragraph
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1 (2)(A) to the Secretary shall be by a quit2 claim deed acceptable to the Secretary.

3 (ii) FEDERAL LAND.—The instrument

4 of conveyance used to convey the land de5 scribed in paragraph (2)(B) to S.S.S., Inc.

6 shall contain such reservations, terms, and

7 conditions as the Secretary considers nec8 essary to allow the United States to operate

9 and maintain the Mississippi River 9-Foot

10 Navigation Project.

11 (B) REMOVAL OF IMPROVEMENTS.—S.S.S.,

12 Inc. may remove any improvements on the land

13 described in paragraph (2)(A). The Secretary

14 may require S.S.S., Inc. to remove any improve15 ments on the land described in paragraph

16 (2)(A). In either case, S.S.S., Inc. shall hold the

17 United States harmless from liability, and the

18 United States shall not incur costs associated

19 with the removal or relocation of any of the im20 provements.

21 (C) TIME LIMIT FOR EXCHANGE.—The land

22 exchange under paragraph (1) shall be completed

23 not later than 2 years after the date of enact24 ment of this Act.
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1 (D) LEGAL DESCRIPTION.—The Secretary

2 shall provide the legal description of the lands

3 described in paragraph (2). The legal description

4 shall be used in the instruments of conveyance of

5 the lands.

6 (4) VALUE OF PROPERTIES.—If the appraised

7 fair market value, as determined by the Secretary, of

8 the land conveyed to S.S.S., Inc. by the Secretary

9 under paragraph (1) exceeds the appraised fair mar10 ket value, as determined by the Secretary, of the land

11 conveyed to the United States by S.S.S., Inc. under

12 paragraph (1), S.S.S., Inc. shall make a payment

13 equal to the excess in cash or a cash equivalent to the

14 United States.

15 (e) CANDY LAKE PROJECT, OSAGE COUNTY, OKLA16 HOMA.—Section 563(c)(1)(B) of the Water Resources Devel17 opment Act of 1999 (113 Stat. 357) is amended by striking

18 ‘‘a deceased individual’’ and inserting ‘‘an individual’’.

19 (f) MANOR TOWNSHIP, PENNSYLVANIA.—

20 (1) IN GENERAL.—In accordance with this sub21 section, the Secretary shall convey by quitclaim deed

22 to the township of Manor, Pennsylvania, all right,

23 title, and interest of the United States in and to the

24 approximately 113 acres of real property located at
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•S 2796 EAH

1 Crooked Creek Lake, together with any improvements

2 on the land.

3 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—

4 The exact acreage and the legal description of the real

5 property described in paragraph (1) shall be deter6 mined by a survey that is satisfactory to the Sec7 retary.

8 (3) CONSIDERATION.—The Secretary may convey

9 under this subsection without consideration any por10 tion of the real property described in paragraph (1)

11 if the portion is to be retained in public ownership

12 and be used for public park and recreation or other

13 public purposes.

14 (4) REVERSION.—If the Secretary determines

15 that any portion of the property conveyed under

16 paragraph (3) ceases to be held in public ownership

17 or to be used for public park and recreation or other

18 public purposes, all right, title, and interest in and

19 to such portion of property shall revert to the Sec20 retary.

21 (5) PAYMENT OF COSTS.—The township of

22 Manor, Pennsylvania shall be responsible for all costs

23 associated with a conveyance under this subsection,

24 including the cost of conducting the survey referred to

25 in paragraph (2).
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1 (g) NEW SAVANNAH BLUFF LOCK AND DAM, SAVAN2 NAH RIVER, SOUTH CAROLINA, BELOW AUGUSTA.—

3 (1) IN GENERAL.—The Secretary shall convey by

4 quitclaim deed to the city of North Augusta and

5 Aiken County, South Carolina, the lock, dam, and

6 appurtenant features at New Savannah Bluff, includ7 ing the adjacent approximately 50-acre park and

8 recreation area with improvements of the navigation

9 project, Savannah River Below Augusta, Georgia, au10 thorized by the first section of the River and Harbor

11 Act of July 3, 1930 (46 Stat. 924), subject to the exe12 cution of an agreement by the Secretary and the city

13 of North Augusta and Aiken County, South Carolina,

14 that specifies the terms and conditions for such con15 veyance.

16 (2) TREATMENT OF LOCK, DAM, APPURTENANT

17 FEATURES, AND PARK AND RECREATION AREA.—The

18 lock, dam, appurtenant features, adjacent park and

19 recreation area, and other project lands, to be con20 veyed under paragraph (1) shall not be treated as

21 part of any Federal water resources project after the

22 effective date of the transfer.

23 (3) OPERATION AND MAINTENANCE.—Operation

24 and maintenance of all features of the navigation

25 project, other than the lock, dam, appurtenant fea-
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•S 2796 EAH

1 tures, adjacent park and recreation area, and other

2 project lands to be conveyed under paragraph (1),

3 shall continue to be a Federal responsibility after the

4 effective date of the transfer under paragraph (1).

5 (h) TRI-CITIES AREA, WASHINGTON.—Section 501(i)

6 of the Water Resources Development Act of 1996 (110 Stat.

7 3752–3753) is amended—

8 (1) by inserting before the period at the end of

9 paragraph (1) the following: ‘‘; except that any of

10 such local governments, with the agreement of the ap11 propriate district engineer, may exempt from the con12 veyance to the local government all or any part of the

13 lands to be conveyed to the local government’’; and

14 (2) by inserting before the period at the end of

15 paragraph (2)(C) the following: ‘‘; except that ap16 proximately 7.4 acres in Columbia Park, Kennewick,

17 Washington, consisting of the historic site located in

18 the Park and known and referred to as the Kennewick

19 Man Site and such adjacent wooded areas as the Sec20 retary determines are necessary to protect the historic

21 site, shall remain in Federal ownership’’.

22 (i) BAYOU TECHE, LOUISIANA.—

23 (1) IN GENERAL.—After renovations of the Key24 stone Lock facility have been completed, the Secretary

25 may convey by quitclaim deed without consideration
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•S 2796 EAH

1 to St. Martin Parish, Louisiana, all rights, interests,

2 and title of the United States in the approximately

3 12.03 acres of land under the administrative jurisdic4 tion of the Secretary in Bayou Teche, Louisiana, to5 gether with improvements thereon. The dam and the

6 authority to retain upstream pool elevations shall re7 main under the jurisdiction of the Secretary. The Sec8 retary shall relinquish all operations and mainte9 nance of the lock to St. Martin Parish.

10 (2) CONDITIONS.—The following conditions

11 apply to the transfer under paragraph (1):

12 (A) St. Martin Parish shall operate, main13 tain, repair, replace, and rehabilitate the lock in

14 accordance with regulations prescribed by the

15 Secretary which are consistent with the project’s

16 authorized purposes.

17 (B) The Parish shall provide the Secretary

18 access to the dam whenever the Secretary notifies

19 the Parish of a need for access to the dam.

20 (C) If the Parish fails to comply with sub21 paragraph (A), the Secretary shall notify the

22 Parish of such failure. If the parish does not cor23 rect such failure during the 1-year period begin24 ning on the date of such notification, the Sec25 retary shall have a right of reverter to reclaim
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•S 2796 EAH

1 possession and title to the land and improve2 ments conveyed under this section or, in the case

3 of a failure to make necessary repairs, the Sec4 retary may effect the repairs and require pay5 ment from the Parish for the repairs made by

6 the Secretary.

7 (j) JOLIET, ILLINOIS.—

8 (1) IN GENERAL.—The Secretary shall convey by

9 quitclaim deed without consideration to the Joliet

10 Park District in Joliet, Illinois, all right, title, and

11 interest of the United States in and to the parcel of

12 real property located at 622 Railroad Street in the

13 city of Joliet, consisting of approximately 2 acres, to14 gether with any improvements thereon, for public

15 ownership and use as the site of the headquarters of

16 the park district.

17 (2) SURVEY TO OBTAIN LEGAL DESCRIPTION.—

18 The exact acreage and the legal description of the real

19 property described in paragraph (1) shall be deter20 mined by a survey that is satisfactory to the Sec21 retary.

22 (3) REVERSION.—If the Secretary determines

23 that the property conveyed under paragraph (1)

24 ceases to be held in public ownership or to be used as

25 headquarters of the park district or for other pur-
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•S 2796 EAH

1 poses, all right, title, and interest in and to such

2 property shall revert to the United States.

3 (k) OTTAWA, ILLINOIS.—

4 (1) CONVEYANCE OF PROPERTY.—Subject to the

5 terms, conditions, and reservations of paragraph (2),

6 the Secretary shall convey by quitclaim deed to the

7 Young Men’s Christian Association of Ottawa, Illinois

8 (in this subsection referred to as the ‘‘YMCA’’), all

9 right, title, and interest of the United States in and

10 to a portion of the easements acquired for the im11 provement of the Illinois Waterway project over a

12 parcel of real property owned by the YMCA, known

13 as the ‘‘Ottawa, Illinois YMCA Site’’, and located at

14 201 E. Jackson Street, Ottawa, La Salle County, Illinois (portion of NE 1 15 ⁄4, S11, T33N, R3E 3PM), ex16 cept that portion lying below the elevation of 461 feet

17 National Geodetic Vertical Datum.

18 (2) CONDITIONS.—The following conditions

19 apply to the conveyance under paragraph (1):

20 (A) The exact acreage and the legal descrip21 tion of the real property described in paragraph

22 (1) shall be determined by a survey that is satis23 factory to the Secretary.

24 (B) The YMCA shall agree to hold and save

25 the United States harmless from liability associ-
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•S 2796 EAH

1 ated with the operation and maintenance of the

2 Illinois Waterway project on the property

3 desscribed in paragraph (1).

4 (C) If the Secretary determines that any

5 portion of the property that is the subject of the

6 easement conveyed under paragraph (1) ceases to

7 be used as the YMCA, all right, title, and interest

8 in and to such easement shall revert to the Sec9 retary.

10 (l) ST. CLAIR AND BENTON COUNTIES, MISSOURI.—

11 (1) IN GENERAL.—The Secretary shall convey to

12 the Iconium Fire Protection District, St. Clair and

13 Benton counties, Missouri, by quitclaim deed and

14 without consideration, all right, title, and interest of

15 the United States in and to the parcel of land de16 scribed in paragraph (2).

17 (2) LAND DESCRIPTION.—The parcel of land to

18 be conveyed under paragraph (1) is the tract of land

located in the Southeast 1 19 ⁄4 of Section 13, Township

20 39 North, Range 25 West, of the Fifth Principal Me21 ridian, St. Clair County, Missouri, more particularly

22 described as follows: Commencing at the Southwest

23 corner of Section 18, as designated by Corps survey

24 marker AP 18–1, thence northerly 11.22 feet to the

25 southeast corner of Section 13, thence 657.22 feet
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1 north along the east line of Section 13 to Corps

2 monument 18 1–C lying within the right-of-way of

3 State Highway C, being the point of beginning of the

4 tract of land herein described; thence westerly ap5 proximately 210 feet, thence northerly 150 feet, thence

6 easterly approximately 210 feet to the east line of Sec7 tion 13, thence southerly along said east line, 150 feet

8 to the point of beginning, containing 0.723 acres,

9 more or less.

10 (3) REVERSION.—If the Secretary determines

11 that the property conveyed under paragraph (1)

12 ceases to be held in public ownership or to be used as

13 a site for a fire station, all right, title, and interest

14 in and to such property shall revert to the United

15 States.

16 (m) GENERALLY APPLICABLE PROVISIONS.—

17 (1) APPLICABILITY OF PROPERTY SCREENING

18 PROVISIONS.—Section 2696 of title 10, United States

19 Code, shall not apply to any conveyance under this

20 section.

21 (2) ADDITIONAL TERMS AND CONDITIONS.—The

22 Secretary may require that any conveyance under

23 this section be subject to such additional terms and

24 conditions as the Secretary considers appropriate and

25 necessary to protect the interests of the United States.
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1 (3) COSTS OF CONVEYANCE.—An entity to which

2 a conveyance is made under this section shall be re3 sponsible for all reasonable and necessary costs, in4 cluding real estate transaction and environmental

5 compliance costs, associated with the conveyance.

6 (4) LIABILITY.—An entity to which a conveyance

7 is made under this section shall hold the United

8 States harmless from any liability with respect to ac9 tivities carried out, on or after the date of the convey10 ance, on the real property conveyed. The United

11 States shall remain responsible for any liability with

12 respect to activities carried out, before such date, on

13 the real property conveyed.

14 SEC. 586. BRUCE F. VENTO UNIT OF THE BOUNDARY WA15 TERS CANOE AREA WILDERNESS, MIN16 NESOTA.

17 (a) DESIGNATION.—The portion of the Boundary Wa18 ters Canoe Area Wilderness, Minnesota, situated north and

19 cast of the Gunflint Corridor and that is bounded by the

20 United States border with Canada to the north shall be

21 known and designated as the ‘‘Bruce F. Vento Unit of the

22 Boundary Waters Canoe Area Wilderness’’.

23 (b) LEGAL REFERENCE.—Any reference in a law,

24 map, regulation, document, paper, or other record of the

25 United States to the area referred to in paragraph (1) shall
224

•S 2796 EAH

1 be deemed to be a reference to the ‘‘Bruce F. Vento Unit

2 of the Boundary Waters Canoe Area Wilderness’’.

3 SEC. 587. WAURIKA LAKE, OKLAHOMA.

4 The remaining obligation of the Waurika Project Mas5 ter Conservancy District payable to the United States Gov6 ernment in the amounts, rates of interest, and payment

7 schedules is set at the amounts, rates of interest, and pay8 ment schedules that existed, and that both parties agreed

9 to, on June 3, 1986, and may not be adjusted, altered, or

10 changed without a specific, separate, and written agreement

11 between the District and the United States Government.

12 SEC. 588. COLUMBIA RIVER TREATY FISHING ACCESS.

13 Section 401(d) of the Act entitled ‘‘An Act to establish

14 procedures for review of tribal constitutions and bylaws or

15 amendments thereto pursuant to the Act of June 18, 1934

16 (48 Stat. 987)’’, approved November 1, 1988 (102 Stat.

17 2944), is amended by striking ‘‘$2,000,000’’ and inserting

18 ‘‘$4,000,000’’.

19 SEC. 589. DEVILS LAKE, NORTH DAKOTA.

20 No appropriation shall be made to construct an emer21 gency outlet from Devils Lake, North Dakota, to the

22 Sheyenne River if the final plans for the emergency outlet

23 have not been approved by resolutions adopted by the Com24 mittee on Transportation and Infrastructure of the House
225

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1 of Representatives and the Committee on Environment and

2 Public Works of the Senate.

3 TITLE VI—COMPREHENSIVE

4 EVERGLADES RESTORATION

5 SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION

6 PLAN.

7 (a) DEFINITIONS.—In this section, the following defi8 nitions apply:

9 (1) CENTRAL AND SOUTHERN FLORIDA

10 PROJECT.—

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

12 Southern Florida Project’’ means the project for

13 Central and Southern Florida authorized under

14 the heading ‘‘CENTRAL AND SOUTHERN FLORIDA’’

15 in section 203 of the Flood Control Act of 1948

16 (62 Stat. 1176).

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

18 Southern Florida Project’’ includes any modi19 fication to the project authorized by this section

20 or any other provision of law.

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

22 the Governor of the State of Florida.

23 (3) NATURAL SYSTEM.—

24 (A) IN GENERAL.—The term ‘‘natural sys25 tem’’ means all land and water managed by the
226

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1 Federal Government or the State within the

2 South Florida ecosystem.

3 (B) INCLUSIONS.—The term ‘‘natural sys4 tem’’ includes—

5 (i) water conservation areas;

6 (ii) sovereign submerged land;

7 (iii) Everglades National Park;

8 (iv) Biscayne National Park;

9 (v) Big Cypress National Preserve;

10 (vi) other Federal or State (including

11 a political subdivision of a State) land that

12 is designated and managed for conservation

13 purposes; and

14 (vii) any tribal land that is designated

15 and managed for conservation purposes, as

16 approved by the tribe.

17 (4) PLAN.—The term ‘‘Plan’’ means the Com18 prehensive Everglades Restoration Plan contained in

19 the ‘‘Final Integrated Feasibility Report and Pro20 grammatic Environmental Impact Statement’’, dated

21 April 1, 1999, as modified by this section.

22 (5) SOUTH FLORIDA ECOSYSTEM.—

23 (A) IN GENERAL.—The term ‘‘South Flor24 ida ecosystem’’ means the area consisting of the

25 land and water within the boundary of the
227

•S 2796 EAH

1 South Florida Water Management District in ef2 fect on July 1, 1999.

3 (B) INCLUSIONS.—The term ‘‘South Florida

4 ecosystem’’ includes—

5 (i) the Everglades;

6 (ii) the Florida Keys; and

7 (iii) the contiguous near-shore coastal

8 water of South Florida.

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

10 of Florida.

11 (b) COMPREHENSIVE EVERGLADES RESTORATION

12 PLAN.—

13 (1) APPROVAL.—

14 (A) IN GENERAL.—Except as modified by

15 this section, the Plan is approved as a frame16 work for modifications and operational changes

17 to the Central and Southern Florida Project that

18 are needed to restore, preserve, and protect the

19 South Florida ecosystem while providing for

20 other water-related needs of the region, including

21 water supply and flood protection. The Plan

22 shall be implemented to ensure the protection of

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

24 water from, and the improvement of the environ25 ment of the South Florida ecosystem and to
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1 achieve and maintain the benefits to the natural

2 system and human environment described in the

3 Plan, and required pursuant to this section, for

4 as long as the project is authorized.

5 (B) INTEGRATION.—In carrying out the

6 Plan, the Secretary shall integrate the activities

7 described in subparagraph (A) with ongoing

8 Federal and State projects and activities in ac9 cordance with section 528(c) of the Water Re10 sources Development Act of 1996 (110 Stat.

11 3769). Unless specifically provided herein, noth12 ing in this section shall be construed to modify

13 any existing cost share or responsibility for

14 projects as listed in subsection (c) or (e) of sec15 tion 528 of the Water Resources Development Act

16 of 1996 (110 Stat. 3769).

17 (2) SPECIFIC AUTHORIZATIONS.—

18 (A) IN GENERAL.—

19 (i) PROJECTS.—The Secretary shall

20 carry out the projects included in the Plan

21 in accordance with subparagraphs (B), (C),

22 (D), and (E).

23 (ii) CONSIDERATIONS.—In carrying

24 out activities described in the Plan, the Sec25 retary shall—
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1 (I) take into account the protec2 tion of water quality by considering

3 applicable State water quality stand4 ards; and

5 (II) include such features as the

6 Secretary determines are necessary to

7 ensure that all ground water and sur8 face water discharges from any project

9 feature authorized by this subsection

10 will meet all applicable water quality

11 standards and applicable water qual12 ity permitting requirements.

13 (iii) REVIEW AND COMMENT.—In de14 veloping the projects authorized under sub15 paragraph (B), the Secretary shall provide

16 for public review and comment in accord17 ance with applicable Federal law.

18 (B) PILOT PROJECTS.—The following pilot

19 projects are authorized for implementation, after

20 review and approval by the Secretary, at a total

21 cost of $69,000,000, with an estimated Federal

22 cost of $34,500,000 and an estimated non-Fed23 eral cost of $34,500,000:

24 (i) Caloosahatchee River (C–43) Basin

25 ASR, at a total cost of $6,000,000, with an
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1 estimated Federal cost of $3,000,000 and an

2 estimated non-Federal cost of $3,000,000.

3 (ii) Lake Belt In-Ground Reservoir

4 Technology, at a total cost of $23,000,000,

5 with an estimated Federal cost of

6 $11,500,000 and an estimated non-Federal

7 cost of $11,500,000.

8 (iii) L–31N Seepage Management, at a

9 total cost of $10,000,000, with an estimated

10 Federal cost of $5,000,000 and an estimated

11 non-Federal cost of $5,000,000.

12 (iv) Wastewater Reuse Technology, at

13 a total cost of $30,000,000, with an esti14 mated Federal cost of $15,000,000 and an

15 estimated non-Federal cost of $15,000,000.

16 (C) INITIAL PROJECTS.—The following

17 projects are authorized for implementation, after

18 review and approval by the Secretary, subject to

19 the conditions stated in subparagraph (D), at a

20 total cost of $1,100,918,000, with an estimated

21 Federal cost of $550,459,000 and an estimated

22 non-Federal cost of $550,459,000:

23 (i) C–44 Basin Storage Reservoir, at a

24 total cost of $112,562,000, with an esti-
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1 mated Federal cost of $56,281,000 and an

2 estimated non-Federal cost of $56,281,000.

3 (ii) Everglades Agricultural Area Stor4 age Reservoirs—Phase I, at a total cost of

5 $233,408,000, with an estimated Federal

6 cost of $116,704,000 and an estimated non7 Federal cost of $116,704,000.

8 (iii) Site 1 Impoundment, at a total

9 cost of $38,535,000, with an estimated Fed10 eral cost of $19,267,500 and an estimated

11 non-Federal cost of $19,267,500.

12 (iv) Water Conservation Areas 3A/3B

13 Levee Seepage Management, at a total cost

14 of $100,335,000, with an estimated Federal

15 cost of $50,167,500 and an estimated non16 Federal cost of $50,167,500.

17 (v) C–11 Impoundment and

18 Stormwater Treatment Area, at a total cost

19 of $124,837,000, with an estimated Federal

20 cost of $62,418,500 and an estimated non21 Federal cost of $62,418,500.

22 (vi) C–9 Impoundment and

23 Stormwater Treatment Area, at a total cost

24 of $89,146,000, with an estimated Federal
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1 cost of $44,573,000 and an estimated non2 Federal cost of $44,573,000.

3 (vii) Taylor Creek/Nubbin Slough Stor4 age and Treatment Area, at a total cost of

5 $104,027,000, with an estimated Federal

6 cost of $52,013,500 and an estimated non7 Federal cost of $52,013,500.

8 (viii) Raise and Bridge East Portion

9 of Tamiami Trail and Fill Miami Canal

10 within Water Conservation Area 3, at a

11 total cost of $26,946,000, with an estimated

12 Federal cost of $13,473,000 and an esti13 mated non-Federal cost of $13,473,000.

14 (ix) North New River Improvements,

15 at a total cost of $77,087,000, with an esti16 mated Federal cost of $38,543,500 and an

17 estimated non-Federal cost of $38,543,500.

18 (x) C–111 Spreader Canal, at a total

19 cost of $94,035,000, with an estimated Fed20 eral cost of $47,017,500 and an estimated

21 non-Federal cost of $47,017,500.

22 (xi) Adaptive Assessment and Moni23 toring Program, at a total cost of

24 $100,000,000, with an estimated Federal
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•S 2796 EAH

1 cost of $50,000,000 and an estimated non2 Federal cost of $50,000,000.

3 (D) CONDITIONS.—

4 (i) PROJECT IMPLEMENTATION RE5 PORTS.—Before implementation of a project

6 described in any of clauses (i) through (x)

7 of subparagraph (C), the Secretary shall re8 view and approve for the project a project

9 implementation report prepared in accord10 ance with subsections (f) and (h).

11 (ii) SUBMISSION OF REPORT.—The

12 Secretary shall submit to the Committee on

13 Transportation and Infrastructure of the

14 House of Representatives and the Committee

15 on Environment and Public Works of the

16 Senate the project implementation report

17 required by subsections (f) and (h) for each

18 project under this paragraph (including all

19 relevant data and information on all costs).

20 (iii) FUNDING CONTINGENT ON AP21 PROVAL.—No appropriation shall be made

22 to construct any project under this para23 graph if the project implementation report

24 for the project has not been approved by res25 olutions adopted by the Committee on
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1 Transportation and Infrastructure of the

2 House of Representatives and the Committee

3 on Environment and Public Works of the

4 Senate.

5 (iv) MODIFIED WATER DELIVERY.—No

6 appropriation shall be made to construct

7 the Water Conservation Area 3

8 Decompartmentalization and Sheetflow En9 hancement Project (including component

10 AA, Additional S–345 Structures; compo11 nent QQ Phase 1, Raise and Bridge East

12 Portion of Tamiami Trail and Fill Miami

13 Canal within WCA 3; component QQ Phase

14 2, WCA 3 Decompartmentalization and

15 Sheetflow Enhancement; and component

16 SS, North New River Improvements) or the

17 Central Lakebelt Storage Project (including

18 components S and EEE, Central Lake Belt

19 Storage Area) until the completion of the

20 project to improve water deliveries to Ever21 glades National Park authorized by section

22 104 of the Everglades National Park Protec23 tion and Expansion Act of 1989 (16 U.S.C.

24 410r–8).
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1 (E) MAXIMUM COST OF PROJECTS.—Section

2 902 of the Water Resources Development Act of

3 1986 (33 U.S.C. 2280) shall apply to each

4 project feature authorized under this subsection.

5 (c) ADDITIONAL PROGRAM AUTHORITY.—

6 (1) IN GENERAL.—To expedite implementation

7 of the Plan, the Secretary may implement modifica8 tions to the Central and Southern Florida Project

9 that—

10 (A) are described in the Plan; and

11 (B) will produce a substantial benefit to the

12 restoration, preservation and protection of the

13 South Florida ecosystem.

14 (2) PROJECT IMPLEMENTATION REPORTS.—Be15 fore implementation of any project feature authorized

16 under this subsection, the Secretary shall review and

17 approve for the project feature a project implementa18 tion report prepared in accordance with subsections

19 (f) and (h).

20 (3) FUNDING.—

21 (A) INDIVIDUAL PROJECT FUNDING.—

22 (i) FEDERAL COST.—The total Federal

23 cost of each project carried out under this

24 subsection shall not exceed $12,500,000.
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•S 2796 EAH

1 (ii) OVERALL COST.—The total cost of

2 each project carried out under this sub3 section shall not exceed $25,000,000.

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

5 projects carried out under this subsection shall

6 not exceed $206,000,000, with an estimated Fed7 eral cost of $103,000,000 and an estimated non8 Federal cost of $103,000,000.

9 (d) AUTHORIZATION OF FUTURE PROJECTS.—

10 (1) IN GENERAL.—Except for a project author11 ized by subsection (b) or (c), any project included in

12 the Plan shall require a specific authorization by

13 Congress.

14 (2) SUBMISSION OF REPORT.—Before seeking

15 congressional authorization for a project under para16 graph (1), the Secretary shall submit to Congress—

17 (A) a description of the project; and

18 (B) a project implementation report for the

19 project prepared in accordance with subsections

20 (f) and (h).

21 (e) COST SHARING.—

22 (1) FEDERAL SHARE.—The Federal share of the

23 cost of carrying out a project authorized by subsection

24 (b), (c), or (d) shall be 50 percent.
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1 (2) NON-FEDERAL RESPONSIBILITIES.—The non2 Federal sponsor with respect to a project described in

3 subsection (b), (c), or (d), shall be—

4 (A) responsible for all land, easements,

5 rights-of-way, and relocations necessary to im6 plement the Plan; and

7 (B) afforded credit toward the non-Federal

8 share of the cost of carrying out the project in

9 accordance with paragraph (5)(A).

10 (3) FEDERAL ASSISTANCE.—

11 (A) IN GENERAL.—The non-Federal sponsor

12 with respect to a project authorized by subsection

13 (b), (c), or (d) may use Federal funds for the

14 purchase of any land, easement, rights-of-way, or

15 relocation that is necessary to carry out the

16 project if any funds so used are credited toward

17 the Federal share of the cost of the project.

18 (B) AGRICULTURE FUNDS.—Funds provided

19 to the non-Federal sponsor under the Conserva20 tion Restoration and Enhancement Program

21 (CREP) and the Wetlands Reserve Program

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

23 toward the non-Federal share of the cost of the

24 Plan if the Secretary of Agriculture certifies that

25 the funds provided may be used for that purpose.
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•S 2796 EAH

1 Funds to be credited do not include funds pro2 vided under section 390 of the Federal Agri3 culture Improvement and Reform Act of 1996

4 (110 Stat. 1022).

5 (4) OPERATION AND MAINTENANCE.—Notwith6 standing section 528(e)(3) of the Water Resources De7 velopment Act of 1996 (110 Stat. 3770), the non-Fed8 eral sponsor shall be responsible for 50 percent of the

9 cost of operation, maintenance, repair, replacement,

10 and rehabilitation activities authorized under this

11 section. Furthermore, the Seminole Tribe of Florida

12 shall be responsible for 50 percent of the cost of oper13 ation, maintenance, repair, replacement, and reha14 bilitation activities for the Big Cypress Seminole Res15 ervation Water Conservation Plan Project.

16 (5) CREDIT.—

17 (A) IN GENERAL.—Notwithstanding section

18 528(e)(4) of the Water Resources Development

19 Act of 1996 (110 Stat. 3770) and regardless of

20 the date of acquisition, the value of lands or in21 terests in lands and incidental costs for land ac22 quired by a non-Federal sponsor in accordance

23 with a project implementation report for any

24 project included in the Plan and authorized by

25 Congress shall be—
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1 (i) included in the total cost of the

2 project; and

3 (ii) credited toward the non-Federal

4 share of the cost of the project.

5 (B) WORK.—The Secretary may provide

6 credit, including in-kind credit, toward the non7 Federal share for the reasonable cost of any work

8 performed in connection with a study,

9 preconstruction engineering and design, or con10 struction that is necessary for the implementa11 tion of the Plan if—

12 (i)(I) the credit is provided for work

13 completed during the period of design, as

14 defined in a design agreement between the

15 Secretary and the non-Federal sponsor; or

16 (II) the credit is provided for work

17 completed during the period of construction,

18 as defined in a project cooperation agree19 ment for an authorized project between the

20 Secretary and the non-Federal sponsor;

21 (ii) the design agreement or the project

22 cooperation agreement prescribes the terms

23 and conditions of the credit; and
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•S 2796 EAH

1 (iii) the Secretary determines that the

2 work performed by the non-Federal sponsor

3 is integral to the project.

4 (C) TREATMENT OF CREDIT BETWEEN

5 PROJECTS.—Any credit provided under this

6 paragraph may be carried over between author7 ized projects in accordance with subparagraph

8 (D).

9 (D) PERIODIC MONITORING.—

10 (i) IN GENERAL.—To ensure that the

11 contributions of the non-Federal sponsor

12 equal 50 percent proportionate share for

13 projects in the Plan, during each 5-year pe14 riod, beginning with commencement of de15 sign of the Plan, the Secretary shall, for

16 each project—

17 (I) monitor the non-Federal pro18 vision of cash, in-kind services, and

19 land; and

20 (II) manage, to the maximum ex21 tent practicable, the requirement of the

22 non-Federal sponsor to provide cash,

23 in-kind services, and land.

24 (ii) OTHER MONITORING.—The Sec25 retary shall conduct monitoring under
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•S 2796 EAH

1 clause (i) separately for the preconstruction

2 engineering and design phase and the con3 struction phase.

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

5 land value and incidental costs) or work pro6 vided under this subsection shall be subject to

7 audit by the Secretary.

8 (f) EVALUATION OF PROJECTS.—

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

10 project authorized by subsection (c) or (d) or any of

11 clauses (i) through (x) of subsection (b)(2)(C), the Sec12 retary, in cooperation with the non-Federal sponsor,

13 shall complete, after notice and opportunity for public

14 comment and in accordance with subsection (h), a

15 project implementation report for the project.

16 (2) PROJECT JUSTIFICATION.—

17 (A) IN GENERAL.—Notwithstanding section

18 209 of the Flood Control Act of 1970 (42 U.S.C.

19 1962–2) or any other provision of law, in car20 rying out any activity authorized under this sec21 tion or any other provision of law to restore,

22 preserve, or protect the South Florida ecosystem,

23 the Secretary may determine that—
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•S 2796 EAH

1 (i) the activity is justified by the envi2 ronmental benefits derived by the South

3 Florida ecosystem; and

4 (ii) no further economic justification

5 for the activity is required, if the Secretary

6 determines that the activity is cost-effective.

7 (B) APPLICABILITY.—Subparagraph (A)

8 shall not apply to any separable element in9 tended to produce benefits that are predomi10 nantly unrelated to the restoration, preservation,

11 and protection of the natural system.

12 (g) EXCLUSIONS AND LIMITATIONS.—The following

13 Plan components are not approved for implementation:

14 (1) WATER INCLUDED IN THE PLAN.—

15 (A) IN GENERAL.—Any project that is de16 signed to implement the capture and use of the

17 approximately 245,000 acre-feet of water de18 scribed in section 7.7.2 of the Plan shall not be

19 implemented until such time as—

20 (i) the project-specific feasibility study

21 described in subparagraph (B) on the need

22 for and physical delivery of the approxi23 mately 245,000 acre-feet of water, conducted

24 by the Secretary, in cooperation with the

25 non-Federal sponsor, is completed;
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1 (ii) the project is favorably rec2 ommended in a final report of the Chief of

3 Engineers; and

4 (iii) the project is authorized by Act of

5 Congress.

6 (B) PROJECT-SPECIFIC FEASIBILITY

7 STUDY.—The project-specific feasibility study re8 ferred to in subparagraph (A) shall include—

9 (i) a comprehensive analysis of the

10 structural facilities proposed to deliver the

11 approximately 245,000 acre-feet of water to

12 the natural system;

13 (ii) an assessment of the requirements

14 to divert and treat the water;

15 (iii) an assessment of delivery alter16 natives;

17 (iv) an assessment of the feasibility of

18 delivering the water downstream while

19 maintaining current levels of flood protec20 tion to affected property; and

21 (v) any other assessments that are de22 termined by the Secretary to be necessary to

23 complete the study.

24 (2) WASTEWATER REUSE.—
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1 (A) IN GENERAL.—On completion and eval2 uation of the wastewater reuse pilot project de3 scribed in subsection (b)(2)(B)(iv), the Secretary,

4 in an appropriately timed 5-year report, shall

5 describe the results of the evaluation of advanced

6 wastewater reuse in meeting, in a cost-effective

7 manner, the requirements of restoration of the

8 natural system.

9 (B) SUBMISSION.—The Secretary shall sub10 mit to Congress the report described in subpara11 graph (A) before congressional authorization for

12 advanced wastewater reuse is sought.

13 (3) PROJECTS APPROVED WITH LIMITATIONS.—

14 The following projects in the Plan are approved for

15 implementation with limitations:

16 (A) LOXAHATCHEE NATIONAL WILDLIFE

17 REFUGE.—The Federal share for land acquisi18 tion in the project to enhance existing wetland

19 systems along the Loxahatchee National Wildlife

20 Refuge, including the Stazzulla tract, should be

21 funded through the budget of the Department of

22 the Interior.

23 (B) SOUTHERN CORKSCREW REGIONAL ECO24 SYSTEM.—The Southern Corkscrew regional eco-
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•S 2796 EAH

1 system watershed addition should be accom2 plished outside the scope of the Plan.

3 (h) ASSURANCE OF PROJECT BENEFITS.—

4 (1) IN GENERAL.—The overarching objective of

5 the Plan is the restoration, preservation, and protec6 tion of the South Florida Ecosystem while providing

7 for other water-related needs of the region, including

8 water supply and flood protection. The Plan shall be

9 implemented to ensure the protection of water quality

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

11 improvement of the environment of the South Florida

12 Ecosystem and to achieve and maintain the benefits

13 to the natural system and human environment de14 scribed in the Plan, and required pursuant to this

15 section, for as long as the project is authorized.

16 (2) AGREEMENT.—

17 (A) IN GENERAL.—In order to ensure that

18 water generated by the Plan will be made avail19 able for the restoration of the natural system, no

20 appropriations, except for any pilot project de21 scribed in subsection (b)(2)(B), shall be made for

22 the construction of a project contained in the

23 Plan until the President and the Governor enter

24 into a binding agreement under which the State

25 shall ensure, by regulation or other appropriate
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•S 2796 EAH

1 means, that water made available by each project

2 in the Plan shall not be permitted for a con3 sumptive use or otherwise made unavailable by

4 the State until such time as sufficient reserva5 tions of water for the restoration of the natural

6 system are made under State law in accordance

7 with the project implementation report for that

8 project and consistent with the Plan.

9 (B) ENFORCEMENT.—

10 (i) IN GENERAL.—Any person or entity

11 that is aggrieved by a failure of the United

12 States or any other Federal Government in13 strumentality or agency, or the Governor or

14 any other officer of a State instrumentality

15 or agency, to comply with any provision of

16 the agreement entered into under subpara17 graph (A) may bring a civil action in

18 United States district court for an injunc19 tion directing the United States or any

20 other Federal Government instrumentality

21 or agency or the Governor or any other offi22 cer of a State instrumentality or agency, as

23 the case may be, to comply with the agree24 ment.
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•S 2796 EAH

1 (ii) LIMITATIONS ON COMMENCEMENT

2 OF CIVIL ACTION.—No civil action may be

3 commenced under clause (i)—

4 (I) before the date that is 60 days

5 after the Secretary and the Governor

6 receive written notice of a failure to

7 comply with the agreement; or

8 (II) if the United States has com9 menced and is diligently prosecuting

10 an action in a court of the United

11 States or a State to redress a failure to

12 comply with the agreement.

13 (C) TRUST RESPONSIBILITIES.—In car14 rying out his responsibilities under this sub15 section with respect to the restoration of the

16 South Florida ecosystem, the Secretary of the In17 terior shall fulfill his obligations to the Indian

18 tribes in South Florida under the Indian trust

19 doctrine as well as other applicable legal obliga20 tions.

21 (3) PROGRAMMATIC REGULATIONS.—

22 (A) ISSUANCE.—Not later than 2 years

23 after the date of enactment of this Act, the Sec24 retary shall, after notice and opportunity for

25 public comment, with the concurrence of the Gov-
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•S 2796 EAH

1 ernor and the Secretary of the Interior, and in

2 consultation with the Seminole Tribe of Florida,

3 the Miccosukee Tribe of Indians of Florida, the

4 Administrator of the Environmental Protection

5 Agency, the Secretary of Commerce, and other

6 Federal, State, and local agencies, promulgate

7 programmatic regulations to ensure that the

8 goals and purposes of the Plan are achieved.

9 (B) CONCURRENCY STATEMENT.—The Sec10 retary of the Interior and the Governor shall, not

11 later than 180 days from the end of the public

12 comment period on proposed programmatic regu13 lations, provide the Secretary with a written

14 statement of concurrence or nonconcurrence. A

15 failure to provide a written statement of concur16 rence or nonconcurrence within such time frame

17 will be deemed as meeting the concurrency re18 quirements of subparagraph (A)(i). A copy of

19 any concurrency or nonconcurrency statements

20 shall be made a part of the administrative record

21 and referenced in the final programmatic regula22 tions. Any nonconcurrency statement shall spe23 cifically detail the reason or reasons for the non24 concurrence.

25 (C) CONTENT OF REGULATIONS.—
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1 (i) IN GENERAL.—Programmatic regu2 lations promulgated under this paragraph

3 shall establish a process—

4 (I) for the development of project

5 implementation reports, project co6 operation agreements, and operating

7 manuals that ensure that the goals and

8 objectives of the Plan are achieved;

9 (II) to ensure that new informa10 tion resulting from changed or unfore11 seen circumstances, new scientific or

12 technical information or information

13 that is developed through the principles

14 of adaptive management contained in

15 the Plan, or future authorized changes

16 to the Plan are integrated into the im17 plementation of the Plan; and

18 (III) to ensure the protection of

19 the natural system consistent with the

20 goals and purposes of the Plan, includ21 ing the establishment of interim goals

22 to provide a means by which the res23 toration success of the Plan may be

24 evaluated throughout the implementa25 tion process.
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•S 2796 EAH

1 (ii) LIMITATION ON APPLICABILITY OF

2 PROGRAMMATIC REGULATIONS.—Pro3 grammatic regulations promulgated under

4 this paragraph shall expressly prohibit the

5 requirement for concurrence by the Sec6 retary of the Interior or the Governor on

7 project implementation reports, project co8 operation agreements, operating manuals

9 for individual projects undertaken in the

10 Plan, and any other documents relating to

11 the development, implementation, and man12 agement of individual features of the Plan,

13 unless such concurrence is provided for in

14 other Federal or State laws.

15 (D) SCHEDULE AND TRANSITION RULE.—

16 (i) IN GENERAL.—All project imple17 mentation reports approved before the date

18 of promulgation of the programmatic regu19 lations shall be consistent with the Plan.

20 (ii) PREAMBLE.—The preamble of the

21 programmatic regulations shall include a

22 statement concerning the consistency with

23 the programmatic regulations of any project

24 implementation reports that were approved
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1 before the date of promulgation of the regu2 lations.

3 (E) REVIEW OF PROGRAMMATIC REGULA4 TIONS.—Whenever necessary to attain Plan goals

5 and purposes, but not less often than every 5

6 years, the Secretary, in accordance with sub7 paragraph (A), shall review the programmatic

8 regulations promulgated under this paragraph.

9 (4) PROJECT-SPECIFIC ASSURANCES.—

10 (A) PROJECT IMPLEMENTATION REPORTS.—

11 (i) IN GENERAL.—The Secretary and

12 the non-Federal sponsor shall develop

13 project implementation reports in accord14 ance with section 10.3.1 of the Plan.

15 (ii) COORDINATION.—In developing a

16 project implementation report, the Secretary

17 and the non-Federal sponsor shall coordi18 nate with appropriate Federal, State, trib19 al, and local governments.

20 (iii) REQUIREMENTS.—A project im21 plementation report shall—

22 (I) be consistent with the Plan

23 and the programmatic regulations pro24 mulgated under paragraph (3);
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•S 2796 EAH

1 (II) describe how each of the re2 quirements stated in paragraph (3)(B)

3 is satisfied;

4 (III) comply with the National

5 Environmental Policy Act of 1969 (42

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

7 (IV) identify the appropriate

8 quantity, timing, and distribution of

9 water dedicated and managed for the

10 natural system;

11 (V) identify the amount of water

12 to be reserved or allocated for the nat13 ural system necessary to implement,

14 under State law, subclauses (IV) and

15 (VI);

16 (VI) comply with applicable water

17 quality standards and applicable

18 water quality permitting requirements

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

20 (VII) be based on the best avail21 able science; and

22 (VIII) include an analysis con23 cerning the cost-effectiveness and engi24 neering feasibility of the project.
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1 (B) PROJECT COOPERATION AGREE2 MENTS.—

3 (i) IN GENERAL.—The Secretary and

4 the non-Federal sponsor shall execute project

5 cooperation agreements in accordance with

6 section 10 of the Plan.

7 (ii) CONDITION.—The Secretary shall

8 not execute a project cooperation agreement

9 until any reservation or allocation of water

10 for the natural system identified in the

11 project implementation report is executed

12 under State law.

13 (C) OPERATING MANUALS.—

14 (i) IN GENERAL.—The Secretary and

15 the non-Federal sponsor shall develop and

16 issue, for each project or group of projects,

17 an operating manual that is consistent with

18 the water reservation or allocation for the

19 natural system described in the project im20 plementation report and the project co21 operation agreement for the project or group

22 of projects.

23 (ii) MODIFICATIONS.—Any significant

24 modification by the Secretary and the non25 Federal sponsor to an operating manual
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1 after the operating manual is issued shall

2 only be carried out subject to notice and op3 portunity for public comment.

4 (5) SAVINGS CLAUSE.—

5 (A) NO ELIMINATION OR TRANSFER.—Until

6 a new source of water supply of comparable

7 quantity and quality as that available on the

8 date of enactment of this Act is available to re9 place the water to be lost as a result of imple10 mentation of the Plan, the Secretary and the

11 non-Federal sponsor shall not eliminate or trans12 fer existing legal sources of water, including

13 those for—

14 (i) an agricultural or urban water

15 supply;

16 (ii) allocation or entitlement to the

17 Seminole Indian Tribe of Florida under

18 section 7 of the Seminole Indian Land

19 Claims Settlement Act of 1987 (25 U.S.C.

20 1772e);

21 (iii) the Miccosukee Tribe of Indians of

22 Florida;

23 (iv) water supply for Everglades Na24 tional Park; or

25 (v) water supply for fish and wildlife.
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•S 2796 EAH

1 (B) MAINTENANCE OF FLOOD PROTEC2 TION.—Implementation of the Plan shall not re3 duce levels of service for flood protection that

4 are—

5 (i) in existence on the date of enact6 ment of this Act; and

7 (ii) in accordance with applicable law.

8 (C) NO EFFECT ON TRIBAL COMPACT.—

9 Nothing in this section amends, alters, prevents,

10 or otherwise abrogates rights of the Seminole In11 dian Tribe of Florida under the compact among

12 the Seminole Tribe of Florida, the State, and the

13 South Florida Water Management District, de14 fining the scope and use of water rights of the

15 Seminole Tribe of Florida, as codified by section

16 7 of the Seminole Indian Land Claims Settle17 ment Act of 1987 (25 U.S.C. 1772e).

18 (i) DISPUTE RESOLUTION.—

19 (1) IN GENERAL.—The Secretary and the Gov20 ernor shall within 180 days from the date of enact21 ment of this Act develop an agreement for resolving

22 disputes between the Corps of Engineers and the State

23 associated with the implementation of the Plan. Such

24 agreement shall establish a mechanism for the timely

25 and efficient resolution of disputes, including—
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1 (A) a preference for the resolution of dis2 putes between the Jacksonville District of the

3 Corps of Engineers and the South Florida Water

4 Management District;

5 (B) a mechanism for the Jacksonville Dis6 trict of the Corps of Engineers or the South Flor7 ida Water Management District to initiate the

8 dispute resolution process for unresolved issues;

9 (C) the establishment of appropriate time10 frames and intermediate steps for the elevation of

11 disputes to the Governor and the Secretary; and

12 (D) a mechanism for the final resolution of

13 disputes, within 180 days from the date that the

14 dispute resolution process is initiated under sub15 paragraph (B).

16 (2) CONDITION FOR REPORT APPROVAL.—The

17 Secretary shall not approve a project implementation

18 report under this section until the agreement estab19 lished under this subsection has been executed.

20 (3) NO EFFECT ON LAW.—Nothing in the agree21 ment established under this subsection shall alter or

22 amend any existing Federal or State law, or the re23 sponsibility of any party to the agreement to comply

24 with any Federal or State law.

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

2 of the Interior, and the Governor, in consultation

3 with the South Florida Ecosystem Restoration Task

4 Force, shall establish an independent scientific review

5 panel convened by a body, such as the National Acad6 emy of Sciences, to review the Plan’s progress toward

7 achieving the natural system restoration goals of the

8 Plan.

9 (2) REPORT.—The panel described in paragraph

10 (1) shall produce a biennial report to Congress, the

11 Secretary, the Secretary of the Interior, and the Gov12 ernor that includes an assessment of ecological indica13 tors and other measures of progress in restoring the

14 ecology of the natural system, based on the Plan.

15 (k) OUTREACH AND ASSISTANCE.—

16 (1) SMALL BUSINESS CONCERNS OWNED AND OP17 ERATED BY SOCIALLY AND ECONOMICALLY DISADVAN18 TAGED INDIVIDUALS.—In executing the Plan, the Sec19 retary shall ensure that small business concerns

20 owned and controlled by socially and economically

21 disadvantaged individuals are provided opportunities

22 to participate under section 15(g) of the Small Busi23 ness Act (15 U.S.C. 644(g)).

24 (2) COMMUNITY OUTREACH AND EDUCATION.—
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1 (A) IN GENERAL.—The Secretary shall en2 sure that impacts on socially and economically

3 disadvantaged individuals, including individuals

4 with limited English proficiency, and commu5 nities are considered during implementation of

6 the Plan, and that such individuals have oppor7 tunities to review and comment on its implemen8 tation.

9 (B) PROVISION OF OPPORTUNITIES.—The

10 Secretary shall ensure, to the maximum extent

11 practicable, that public outreach and educational

12 opportunities are provided, during implementa13 tion of the Plan, to the individuals of South

14 Florida, including individuals with limited

15 English proficiency, and in particular for so16 cially and economically disadvantaged commu17 nities.

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

19 2005, and periodically thereafter until October 1, 2036, the

20 Secretary and the Secretary of the Interior, in consultation

21 with the Environmental Protection Agency, the Department

22 of Commerce, and the State of Florida, shall jointly submit

23 to Congress a report on the implementation of the Plan.

24 Such reports shall be completed not less often than every

25 5 years. Such reports shall include a description of plan-
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1 ning, design, and construction work completed, the amount

2 of funds expended during the period covered by the report

3 (including a detailed analysis of the funds expended for

4 adaptive assessment under subsection (b)(2)(C)(xi)), and

5 the work anticipated over the next 5-year period. In addi6 tion, each report shall include—

7 (1) the determination of each Secretary, and the

8 Administrator of the Environmental Protection Agen9 cy, concerning the benefits to the natural system and

10 the human environment achieved as of the date of the

11 report and whether the completed projects of the Plan

12 are being operated in a manner that is consistent

13 with the requirements of subsection (h);

14 (2) progress toward interim goals established in

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

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

17 Secretary under subsection (k) as they relate to so18 cially and economically disadvantaged individuals

19 and individuals with limited English proficiency.

20 (m) REPORT ON AQUIFER STORAGE AND RECOVERY

21 PROJECT.—Not later than 180 after the date of enactment

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

23 containing a determination as to whether the ongoing Bis24 cayne Aquifer Storage and Recovery Program located in

25 Miami-Dade County has a substantial benefit to the res-
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1 toration, preservation, and protection of the South Florida

2 ecosystem.

3 (n) FULL DISCLOSURE OF PROPOSED FUNDING.—

4 (1) FUNDING FROM ALL SOURCES.—The Presi5 dent, as part of the annual budget of the United

6 States Government, shall display under the heading

7 ‘‘Everglades Restoration’’ all proposed funding for the

8 Plan for all agency programs.

9 (2) FUNDING FROM CORPS OF ENGINEERS CIVIL

10 WORKS PROGRAM.—The President, as part of the an11 nual budget of the United States Government, shall

12 display under the accounts ‘‘Construction, General’’

13 and ‘‘Operation and Maintenance, General’’ of the

14 title ‘‘Department of Defense—Civil, Department of

15 the Army, Corps of Engineers—Civil’’, the total pro16 posed funding level for each account for the Plan and

17 the percentage such level represents of the overall lev18 els in such accounts. The President shall also include

19 an assessment of the impact such funding levels for

20 the Plan would have on the budget year and long21 term funding levels for the overall Corps of Engineers

22 civil works program.

23 (o) SURPLUS FEDERAL LANDS.—Section

24 390(f)(2)(A)(i) of the Federal Agriculture Improvement and

25 Reform Act of 1996 (110 Stat. 1023) is amended by insert-
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1 ing after ‘‘on or after the date of enactment of this Act’’

2 the following: ‘‘and before the date of enactment of the Water

3 Resource Development Act of 2000’’.

4 (p) SEVERABILITY.—If any provision or remedy pro5 vided by this section is found to be unconstitutional or un6 enforceable by any court of competent jurisdiction, any re7 maining provisions in this section shall remain valid and

8 enforceable.

9 SEC. 602. SENSE OF CONGRESS CONCERNING HOMESTEAD

10 AIR FORCE BASE.

11 (a) FINDINGS.—Congress finds that—

12 (1) the Everglades is an American treasure and

13 includes uniquely-important and diverse wildlife re14 sources and recreational opportunities;

15 (2) the preservation of the pristine and natural

16 character of the South Florida ecosystem is critical to

17 the regional economy;

18 (3) as this legislation demonstrates, Congress be19 lieves it to be a vital national mission to restore and

20 preserve this ecosystem and accordingly is authorizing

21 a significant Federal investment to do so;

22 (4) Congress seeks to have the remaining prop23 erty at the former Homestead Air Base conveyed and

24 reused as expeditiously as possible, and several op-
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1 tions for base reuse are being considered, including as

2 a commercial airport; and

3 (5) Congress is aware that the Homestead site is

4 located in a sensitive environmental location, and

5 that Biscayne National Park is only approximately

6 1.5 miles to the east, Everglades National Park ap7 proximately 8 miles to the west, and the Florida Keys

8 National Marine Sanctuary approximately 10 miles

9 to the south.

10 (b) SENSE OF CONGRESS.—It is the sense of Congress

11 that—

12 (1) development at the Homestead site could po13 tentially cause significant air, water, and noise pollu14 tion and result in the degradation of adjacent na15 tional parks and other protected Federal resources;

16 (2) in their decisionmaking, the Federal agencies

17 charged with determining the reuse of the remaining

18 property at the Homestead base should carefully con19 sider and weigh all available information concerning

20 potential environmental impacts of various reuse op21 tions;

22 (3) the redevelopment of the former base should

23 be consistent with restoration goals, provide desirable

24 numbers of jobs and economic redevelopment for the
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1 community, and be consistent with other applicable

2 laws;

3 (4) consistent with applicable laws, the Secretary

4 of the Air Force should proceed as quickly as prac5 ticable to issue a final SEIS and Record of Decision

6 so that reuse of the former air base can proceed expe7 ditiously;

8 (5) following conveyance of the remaining sur9 plus property, the Secretary, as part of his oversight

10 for Everglades restoration, should cooperate with the

11 entities to which the various parcels of surplus prop12 erty were conveyed so that the planned use of those

13 properties is implemented in such a manner as to re14 main consistent with the goals of the Everglades res15 toration plan; and

16 (6) by August 1, 2002, the Secretary should sub17 mit a report to the appropriate committees of Con18 gress on actions taken and make any recommenda19 tions for consideration by Congress.

20 TITLE VII—MISSOURI RIVER

21 RESTORATION

22 SEC. 701. DEFINITIONS.

23 In this title, the following definitions apply:

24 (1) PICK-SLOAN PROGRAM.—The term ‘‘Pick25 Sloan program’’ means the Pick-Sloan Missouri
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1 River Basin Program authorized by section 9 of the

2 Act of December 22, 1944 (58 Stat. 891).

3 (2) PLAN.—The term ‘‘plan’’ means the plan for

4 the use of funds made available by this title that is

5 required to be prepared under section 705(e).

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

7 of South Dakota.

8 (4) TASK FORCE.—The term ‘‘Task Force’’

9 means the Missouri River Task Force established by

10 section 705(a).

11 (6) TRUST.—The term ‘‘Trust’’ means the Mis12 souri River Trust established by section 704(a).

13 SEC. 702. MISSOURI RIVER TRUST.

14 (a) ESTABLISHMENT.—There is established a com15 mittee to be known as the Missouri River Trust.

16 (b) MEMBERSHIP.—The Trust shall be composed of 25

17 members to be appointed by the Secretary, including—

18 (1) 15 members recommended by the Governor of

19 South Dakota that—

20 (A) represent equally the various interests of

21 the public; and

22 (B) include representatives of—

23 (i) the South Dakota Department of

24 Environment and Natural Resources;
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1 (ii) the South Dakota Department of

2 Game, Fish, and Parks;

3 (iii) environmental groups;

4 (iv) the hydroelectric power industry;

5 (v) local governments;

6 (vi) recreation user groups;

7 (vii) agricultural groups; and

8 (viii) other appropriate interests;

9 (2) 9 members, 1 of each of whom shall be rec10 ommended by each of the 9 Indian tribes in the State

11 of South Dakota; and

12 (3) 1 member recommended by the organization

13 known as the ‘‘Three Affiliated Tribes of North Da14 kota’’ (composed of the Mandan, Hidatsa, and

15 Arikara tribes).

16 SEC. 703. MISSOURI RIVER TASK FORCE.

17 (a) ESTABLISHMENT.—There is established the Mis18 souri River Task Force.

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

20 of—

21 (1) the Secretary (or a designee), who shall serve

22 as Chairperson;

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

24 (3) the Secretary of Energy (or a designee);
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1 (4) the Secretary of the Interior (or a designee);

2 and

3 (5) the Trust.

4 (c) DUTIES.—The Task Force shall—

5 (1) meet at least twice each year;

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

7 requiring votes in favor of the plan by a majority of

8 the members;

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

10 and

11 (4) recommend to the Secretary critical projects

12 for implementation.

13 (d) ASSESSMENT.—

14 (1) IN GENERAL.—Not later than 1 year after

15 the date on which funding authorized under this title

16 becomes available, the Secretary shall submit to the

17 other members of the Task Force a report on—

18 (A) the impact of the siltation of the Mis19 souri River in the State, including the impact

20 on the Federal, State, and regional economies,

21 recreation, hydropower generation, fish and

22 wildlife, and flood control;

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

24 historical and cultural sites along the Missouri

25 River;
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1 (C) the extent of erosion along the Missouri

2 River (including tributaries of the Missouri

3 River) in the State; and

4 (D) other issues, as requested by the Task

5 Force.

6 (2) CONSULTATION.—In preparing the report

7 under paragraph (1), the Secretary shall consult with

8 the Secretary of Energy, the Secretary of the Interior,

9 the Secretary of Agriculture, the State, and Indian

10 tribes in the State.

11 (e) PLAN FOR USE OF FUNDS MADE AVAILABLE BY

12 THIS TITLE.—

13 (1) IN GENERAL.—Not later than 2 years after

14 the date on which funding authorized under this title

15 becomes available, the Task Force shall prepare a

16 plan for the use of funds made available under this

17 title.

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

19 for the manner in which the Task Force shall develop

20 and recommend critical restoration projects to

21 promote—

22 (A) conservation practices in the Missouri

23 River watershed;

24 (B) the general control and removal of sedi25 ment from the Missouri River;
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1 (C) the protection of recreation on the Mis2 souri River from sedimentation;

3 (D) the protection of Indian and non-In4 dian historical and cultural sites along the Mis5 souri River from erosion;

6 (E) erosion control along the Missouri

7 River; or

8 (F) any combination of the activities de9 scribed in subparagraphs (A) through (E).

10 (3) PLAN REVIEW AND REVISION.—

11 (A) IN GENERAL.—The Task Force shall

12 make a copy of the plan available for public re13 view and comment before the plan becomes final,

14 in accordance with procedures established by the

15 Task Force.

16 (B) REVISION OF PLAN.—

17 (i) IN GENERAL.—The Task Force

18 may, on an annual basis, revise the plan.

19 (ii) PUBLIC REVIEW AND COMMENT.—

20 In revising the plan, the Task Force shall

21 provide the public the opportunity to review

22 and comment on any proposed revision to

23 the plan.

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

2 the Task Force under subsection (c)(2), the Secretary,

3 in coordination with the Task Force, shall identify

4 critical restoration projects to carry out the plan.

5 (2) AGREEMENT.—The Secretary may carry out

6 a critical restoration project after entering into an

7 agreement with an appropriate non-Federal interest

8 in accordance with section 221 of the Flood Control

9 Act of 1970 (42 U.S.C. 1962d–5b).

10 (3) INDIAN PROJECTS.—To the maximum extent

11 practicable, the Secretary shall ensure that not less

12 than 30 percent of the funds made available for crit13 ical restoration projects under this title shall be used

14 exclusively for projects that are—

15 (A) within the boundary of an Indian res16 ervation; or

17 (B) administered by an Indian tribe.

18 (g) COST SHARING.—

19 (1) ASSESSMENT.—

20 (A) FEDERAL SHARE.—The Federal share

21 of the cost of carrying out the assessment under

22 subsection (d) shall be 50 percent.

23 (B) NON-FEDERAL SHARE.—The non-Fed24 eral share of the cost of carrying out the assess25 ment under subsection (d) may be provided in
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1 the form of services, materials, or other in-kind

2 contributions.

3 (2) PLAN.—

4 (A) FEDERAL SHARE.—The Federal share

5 of the cost of preparing the plan under sub6 section (e) shall be 50 percent.

7 (B) NON-FEDERAL SHARE.—Not more than

8 50 percent of the non-Federal share of the cost of

9 preparing the plan under subsection (e) may be

10 provided in the form of services, materials, or

11 other in-kind contributions.

12 (3) CRITICAL RESTORATION PROJECTS.—

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

14 shall be required to carry out any critical res15 toration project under subsection (f) that does

16 not primarily benefit the Federal Government, as

17 determined by the Task Force.

18 (B) FEDERAL SHARE.—The Federal share

19 of the cost of carrying out a critical restoration

20 project under subsection (f) for which the Task

21 Force requires a non-Federal cost share under

22 subparagraph (A) shall be 65 percent, not to ex23 ceed $5,000,000 for any critical restoration

24 project.

25 (C) NON-FEDERAL SHARE.—
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1 (i) IN GENERAL.—Not more than 50

2 percent of the non-Federal share of the cost

3 of carrying out a critical restoration project

4 described in subparagraph (B) may be pro5 vided in the form of services, materials, or

6 other in-kind contributions.

7 (ii) REQUIRED NON-FEDERAL CON8 TRIBUTIONS.—For any critical restoration

9 project described in subparagraph (B), the

10 non-Federal interest shall—

11 (I) provide all land, easements,

12 rights-of-way, dredged material dis13 posal areas, and relocations;

14 (II) pay all operation, mainte15 nance, replacement, repair, and reha16 bilitation costs; and

17 (III) hold the United States

18 harmless from all claims arising from

19 the construction, operation, and main20 tenance of the project.

21 (iii) CREDIT.—The non-Federal inter22 est shall receive credit for all contributions

23 provided under clause (ii)(I).
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1 SEC. 704. ADMINISTRATION.

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

3 affects—

4 (1) any water right of an Indian tribe;

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

6 specifically provided in another provision of this title;

7 (3) any treaty right that is in effect on the date

8 of enactment of this Act;

9 (4) any external boundary of an Indian reserva10 tion of an Indian tribe;

11 (5) any authority of the State that relates to the

12 protection, regulation, or management of fish, terres13 trial wildlife, and cultural and archaeological re14 sources, except as specifically provided in this title; or

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

16 of the Interior, or the head of any other Federal agen17 cy under a law in effect on the date of enactment of

18 this Act, including—

19 (A) the National Historic Preservation Act

20 (16 U.S.C. 470 et seq.);

21 (B) the Archaeological Resources Protection

22 Act of 1979 (16 U.S.C. 470aa et seq.);

23 (C) the Fish and Wildlife Coordination Act

24 (16 U.S.C. 661 et seq.);
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1 (D) the Act entitled ‘‘An Act for the protec2 tion of the bald eagle’’, approved June 8, 1940

3 (16 U.S.C. 668 et seq.);

4 (E) the Migratory Bird Treaty Act (16

5 U.S.C. 703 et seq.);

6 (F) the Endangered Species Act of 1973 (16

7 U.S.C. 1531 et seq.);

8 (G) the Native American Graves Protection

9 and Repatriation Act (25 U.S.C. 3001 et seq.);

10 (H) the Federal Water Pollution Control

11 Act (33 U.S.C. 1251 et seq.);

12 (I) the Safe Drinking Water Act (42 U.S.C.

13 300f et seq.); and

14 (J) the National Environmental Policy Act

15 of 1969 (42 U.S.C. 4321 et seq.).

16 (b) FEDERAL LIABILITY FOR DAMAGE.—Nothing in

17 this title relieves the Federal Government of liability for

18 damage to private property caused by the operation of the

19 Pick-Sloan program.

20 (c) FLOOD CONTROL.—Notwithstanding any other

21 provision of this title, the Secretary shall retain the author22 ity to operate the Pick-Sloan program for the purposes of

23 meeting the requirements of the Act of December 22, 1944

24 (58 Stat. 887, 33 U.S.C. 701–1 et seq.).
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1 SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

2 There is authorized to be appropriated to the Secretary

3 to carry out this title $4,000,000 for each of fiscal years

4 2001 through 2005, $5,000,000 for each of fiscal years 2006

5 through 2009, and $10,000,000 in fiscal year 2010. Such

6 funds shall remain available until expended.

Attest:

Clerk.
106TH CONGRESS

2D SESSION S. 2796

AMENDMENT