106TH CONGRESS

2D SESSION S. 2796

AN ACT

To provide for the conservation and development of water

and related resources, to authorize the Secretary of the

Army to construct various projects for improvements to

rivers and harbors of the United States, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

5 ‘‘Water Resources Development Act of 2000’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of

2 this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Definition of Secretary.

TITLE I—WATER RESOURCES PROJECTS

Sec. 101. Project authorizations.

Sec. 102. Small shore protection projects.

Sec. 103. Small navigation projects.

Sec. 104. Removal of snags and clearing and straightening of channels in navigable waters.

Sec. 105. Small bank stabilization projects.

Sec. 106. Small flood control projects.

Sec. 107. Small projects for improvement of the quality of the environment.

Sec. 108. Beneficial uses of dredged material.

Sec. 109. Small aquatic ecosystem restoration projects.

Sec. 110. Flood mitigation and riverine restoration.

Sec. 111. Disposal of dredged material on beaches.

TITLE II—GENERAL PROVISIONS

Sec. 201. Cooperation agreements with counties.

Sec. 202. Watershed and river basin assessments.

Sec. 203. Tribal partnership program.

Sec. 204. Ability to pay.

Sec. 205. Property protection program.

Sec. 206. National Recreation Reservation Service.

Sec. 207. Operation and maintenance of hydroelectric facilities.

Sec. 208. Interagency and international support.

Sec. 209. Reburial and conveyance authority.

Sec. 210. Approval of construction of dams and dikes.

Sec. 211. Project deauthorization authority.

Sec. 212. Floodplain management requirements.

Sec. 213. Environmental dredging.

Sec. 214. Regulatory analysis and management systems data.

Sec. 215. Performance of specialized or technical services.

Sec. 216. Hydroelectric power project funding.

Sec. 217. Assistance programs.

Sec. 218. Funding to process permits.

Sec. 219. Program to market dredged material.

Sec. 220. National Academy of Sciences studies.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Tennessee-Tombigbee Waterway Wildlife Mitigation Project, Alabama

and Mississippi.

Sec. 302. Boydsville, Arkansas.

Sec. 303. White River Basin, Arkansas and Missouri.

Sec. 304. Petaluma, California.

Sec. 305. Gasparilla and Estero Islands, Florida.

Sec. 306. Illinois River basin restoration, Illinois.

Sec. 307. Upper Des Plaines River and tributaries, Illinois.

Sec. 308. Atchafalaya Basin, Louisiana.
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Sec. 309. Red River Waterway, Louisiana.

Sec. 310. Narraguagus River, Milbridge, Maine.

Sec. 311. William Jennings Randolph Lake, Maryland.

Sec. 312. Breckenridge, Minnesota.

Sec. 313. Missouri River Valley, Missouri.

Sec. 314. New Madrid County, Missouri.

Sec. 315. Pemiscot County Harbor, Missouri.

Sec. 316. Pike County, Missouri.

Sec. 317. Fort Peck fish hatchery, Montana.

Sec. 318. Sagamore Creek, New Hampshire.

Sec. 319. Passaic River Basin flood management, New Jersey.

Sec. 320. Rockaway Inlet to Norton Point, New York.

Sec. 321. John Day Pool, Oregon and Washington.

Sec. 322. Fox Point hurricane barrier, Providence, Rhode Island.

Sec. 323. Charleston Harbor, South Carolina.

Sec. 324. Savannah River, South Carolina.

Sec. 325. Houston-Galveston Navigation Channels, Texas.

Sec. 326. Joe Pool Lake, Trinity River basin, Texas.

Sec. 327. Lake Champlain watershed, Vermont and New York.

Sec. 328. Mount St. Helens, Washington.

Sec. 329. Puget Sound and adjacent waters restoration, Washington.

Sec. 330. Fox River System, Wisconsin.

Sec. 331. Chesapeake Bay oyster restoration.

Sec. 332. Great Lakes dredging levels adjustment.

Sec. 333. Great Lakes fishery and ecosystem restoration.

Sec. 334. Great Lakes remedial action plans and sediment remediation.

Sec. 335. Great Lakes tributary model.

Sec. 336. Treatment of dredged material from Long Island Sound.

Sec. 337. New England water resources and ecosystem restoration.

Sec. 338. Project deauthorizations.

Sec. 339. Bogue Banks, Carteret County, North Carolina.

TITLE IV—STUDIES

Sec. 401. Baldwin County, Alabama.

Sec. 402. Bono, Arkansas.

Sec. 403. Cache Creek Basin, California.

Sec. 404. Estudillo Canal watershed, California.

Sec. 405. Laguna Creek watershed, California.

Sec. 406. Oceanside, California.

Sec. 407. San Jacinto watershed, California.

Sec. 408. Choctawhatchee River, Florida.

Sec. 409. Egmont Key, Florida.

Sec. 410. Fernandina Harbor, Florida.

Sec. 411. Upper Ocklawaha River and Apopka/Palatlakaha River basins, Florida.

Sec. 412. Boise River, Idaho.

Sec. 413. Wood River, Idaho.

Sec. 414. Chicago, Illinois.

Sec. 415. Boeuf and Black, Louisiana.

Sec. 416. Port of Iberia, Louisiana.

Sec. 417. South Louisiana.

Sec. 418. St. John the Baptist Parish, Louisiana.

Sec. 419. Portland Harbor, Maine.
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Sec. 420. Portsmouth Harbor and Piscataqua River, Maine and New Hampshire.

Sec. 421. Searsport Harbor, Maine.

Sec. 422. Merrimack River basin, Massachusetts and New Hampshire.

Sec. 423. Port of Gulfport, Mississippi.

Sec. 424. Upland disposal sites in New Hampshire.

Sec. 425. Southwest Valley, Albuquerque, New Mexico.

Sec. 426. Cuyahoga River, Ohio.

Sec. 427. Duck Creek Watershed, Ohio.

Sec. 428. Fremont, Ohio.

Sec. 429. Grand Lake, Oklahoma.

Sec. 430. Dredged material disposal site, Rhode Island.

Sec. 431. Chickamauga Lock and Dam, Tennessee.

Sec. 432. Germantown, Tennessee.

Sec. 433. Horn Lake Creek and Tributaries, Tennessee and Mississippi.

Sec. 434. Cedar Bayou, Texas.

Sec. 435. Houston Ship Channel, Texas.

Sec. 436. San Antonio Channel, Texas.

Sec. 437. Vermont dams remediation.

Sec. 438. White River watershed below Mud Mountain Dam, Washington.

Sec. 439. Willapa Bay, Washington.

Sec. 440. Upper Mississippi River basin sediment and nutrient study.

Sec. 441. Cliff Walk in Newport, Rhode Island.

Sec. 442. Quonset Point Channel reconnaissance study.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Visitors centers.

Sec. 502. CALFED Bay-Delta Program assistance, California.

Sec. 503. Lake Sidney Lanier, Georgia, home preservation.

Sec. 504. Conveyance of lighthouse, Ontonagon, Michigan.

Sec. 505. Land conveyance, Candy Lake, Oklahoma.

Sec. 506. Land conveyance, Richard B. Russell Dam and Lake, South Carolina.

Sec. 507. Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and State of

South Dakota terrestrial wildlife habitat restoration.

Sec. 508. Export of water from Great Lakes.

TITLE VI—COMPREHENSIVE EVERGLADES RESTORATION PLAN

Sec. 601. Comprehensive Everglades Restoration Plan.

Sec. 602. Sense of the Senate concerning Homestead Air Force Base.

TITLE VII—MISSOURI RIVER PROTECTION AND IMPROVEMENT

Sec. 701. Short title.

Sec. 702. Findings and purposes.

Sec. 703. Definitions.

Sec. 704. Missouri River Trust.

Sec. 705. Missouri River Task Force.

Sec. 706. Administration.

Sec. 707. Authorization of appropriations.

TITLE VIII—WILDLIFE REFUGE ENHANCEMENT

Sec. 801. Short title.

Sec. 802. Purpose.

Sec. 803. Definitions.
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Sec. 804. Conveyance of cabin sites.

Sec. 805. Rights of nonparticipating lessees.

Sec. 806. Conveyance to third parties.

Sec. 807. Use of proceeds.

Sec. 808. Administrative costs.

Sec. 809. Termination of wildlife designation.

Sec. 810. Authorization of appropriations.

TITLE IX—MISSOURI RIVER RESTORATION

Sec. 901. Short title.

Sec. 902. Findings and purposes.

Sec. 903. Definitions.

Sec. 904. Missouri River Trust.

Sec. 905. Missouri River Task Force.

Sec. 906. Administration.

Sec. 907. Authorization of appropriations.

1 SEC. 2. DEFINITION OF SECRETARY.

2 In this Act, the term ‘‘Secretary’’ means the Sec3 retary of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

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 re12 spective reports designated in this subsection:

13 (1) BARNEGAT INLET TO LITTLE EGG INLET,

14 NEW JERSEY.—The project for shore protection,

15 Barnegat Inlet to Little Egg Inlet, New Jersey, at

16 a total cost of $51,203,000, with an estimated Fed17 eral cost of $33,282,000 and an estimated non-Fed-
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1 eral cost of $17,921,000, and at an estimated aver2 age annual cost of $1,751,000 for periodic nourish3 ment over the 50-year life of the project, with an es4 timated annual Federal cost of $1,138,000 and an

5 estimated annual non-Federal cost of $613,000.

6 (2) NEW YORK-NEW JERSEY HARBOR.—The

7 project for navigation, New York-New Jersey Har8 bor: Report of the Chief of Engineers dated May 2,

9 2000, at a total cost of $1,781,234,000, with an es10 timated Federal cost of $743,954,000 and an esti11 mated non-Federal cost of $1,037,280,000.

12 (b) PROJECTS SUBJECT TO A FINAL REPORT.—The

13 following projects for water resources development and

14 conservation and other purposes are authorized to be car15 ried out by the Secretary substantially in accordance with

16 the plans, and subject to the conditions, recommended in

17 a final report of the Chief of Engineers if a favorable re18 port of the Chief is completed not later than December

19 31, 2000:

20 (1) FALSE PASS HARBOR, ALASKA.—The

21 project for navigation, False Pass Harbor, Alaska,

22 at a total cost of $15,164,000, with an estimated

23 Federal cost of $8,238,000 and an estimated non24 Federal cost of $6,926,000.
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1 (2) UNALASKA HARBOR, ALASKA.—The project

2 for navigation, Unalaska Harbor, Alaska, at a total

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

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

5 of $8,000,000.

6 (3) RIO DE FLAG, ARIZONA.—The project for

7 flood damage reduction, Rio de Flag, Arizona, at a

8 total cost of $24,072,000, with an estimated Federal

9 cost of $15,576,000 and an estimated non-Federal

10 cost of $8,496,000.

11 (4) TRES RIOS, ARIZONA.—The project for envi12 ronmental restoration, Tres Rios, Arizona, at a total

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

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

15 of $36,565,000.

16 (5) LOS ANGELES HARBOR, CALIFORNIA.—The

17 project for navigation, Los Angeles Harbor, Cali18 fornia, at a total cost of $153,313,000, with an esti19 mated Federal cost of $43,735,000 and an esti20 mated non-Federal cost of $109,578,000.

21 (6) MURRIETA CREEK, CALIFORNIA.—The

22 project for flood control, Murrieta Creek, California,

23 at a total cost of $90,865,000, with an estimated

24 Federal cost of $25,555,000 and an estimated non25 Federal cost of $65,310,000.
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1 (7) PINE FLAT DAM, CALIFORNIA.—The project

2 for fish and wildlife restoration, Pine Flat Dam,

3 California, at a total cost of $34,000,000, with an

4 estimated Federal cost of $22,000,000 and an esti5 mated non-Federal cost of $12,000,000.

6 (8) RANCHOS PALOS VERDES, CALIFORNIA.—

7 The project for environmental restoration, Ranchos

8 Palos Verdes, California, at a total cost of

9 $18,100,000, with an estimated Federal cost of

10 $11,800,000 and an estimated non-Federal cost of

11 $6,300,000.

12 (9) SANTA BARBARA STREAMS, CALIFORNIA.—

13 The project for flood damage reduction, Santa Bar14 bara Streams, Lower Mission Creek, California, at a

15 total cost of $18,300,000, with an estimated Federal

16 cost of $9,200,000 and an estimated non-Federal

17 cost of $9,100,000.

18 (10) UPPER NEWPORT BAY HARBOR, CALI19 FORNIA.—The project for environmental restoration,

20 Upper Newport Bay Harbor, California, at a total

21 cost of $32,475,000, with an estimated Federal cost

22 of $21,109,000 and an estimated non-Federal cost

23 of $11,366,000.

24 (11) WHITEWATER RIVER BASIN, CALI25 FORNIA.—The project for flood damage reduction,
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1 Whitewater River basin, California, at a total cost of

2 $27,570,000, with an estimated Federal cost of

3 $17,920,000 and an estimated non-Federal cost of

4 $9,650,000.

5 (12) DELAWARE COAST FROM CAPE HENLOPEN

6 TO FENWICK ISLAND, DELAWARE.—The project for

7 shore protection, Delaware Coast from Cape Hen8 lopen to Fenwick Island, Delaware, at a total cost

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

10 $3,661,000 and an estimated non-Federal cost of

11 $1,972,000, and at an estimated average annual

12 cost of $920,000 for periodic nourishment over the

13 50-year life of the project, with an estimated annual

14 Federal cost of $460,000 and an estimated annual

15 non-Federal cost of $460,000.

16 (13) TAMPA HARBOR, FLORIDA.—Modification

17 of the project for navigation, Tampa Harbor, Flor18 ida, authorized by section 4 of the Act of September

19 22, 1922 (42 Stat. 1042, chapter 427), to deepen

20 the Port Sutton Channel, at a total cost of

21 $6,000,000, with an estimated Federal cost of

22 $4,000,000 and an estimated non-Federal cost of

23 $2,000,000.

24 (14) JOHN T. MYERS LOCK AND DAM, INDIANA

25 AND KENTUCKY.—The project for navigation, John
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1 T. Myers Lock and Dam, Ohio River, Indiana and

2 Kentucky, at a total cost of $182,000,000. The costs

of construction of the project shall be paid 1 3 ⁄2 from

4 amounts appropriated from the general fund of the

Treasury and 1 5 ⁄2 from amounts appropriated from

6 the Inland Waterways Trust Fund.

7 (15) GREENUP LOCK AND DAM, KENTUCKY.—

8 The project for navigation, Greenup Lock and Dam,

9 Ohio River, Kentucky, at a total cost of

10 $175,500,000. The costs of construction of the

project shall be paid 1 11 ⁄2 from amounts appropriated

from the general fund of the Treasury and 1 12 ⁄2 from

13 amounts appropriated from the Inland Waterways

14 Trust Fund.

15 (16) MORGANZA, LOUISIANA, TO GULF OF MEX16 ICO.—

17 (A) IN GENERAL.—The project for hurri18 cane protection, Morganza, Louisiana, to the

19 Gulf of Mexico, at a total cost of $550,000,000,

20 with an estimated Federal cost of $358,000,000

21 and an estimated non-Federal cost of

22 $192,000,000.

23 (B) CREDIT.—The non-Federal interests

24 shall receive credit toward the non-Federal

25 share of project costs for the costs of any work
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1 carried out by the non-Federal interests for in2 terim flood protection after March 31, 1989, if

3 the Secretary finds that the work is compatible

4 with, and integral to, the project.

5 (17) CHESTERFIELD, MISSOURI.—The project

6 to implement structural and nonstructural measures

7 to prevent flood damage to Chesterfield, Missouri,

8 and the surrounding area, at a total cost of

9 $67,700,000, with an estimated Federal cost of

10 $44,000,000 and an estimated non-Federal cost of

11 $23,700,000.

12 (18) RARITAN BAY AND SANDY HOOK BAY,

13 PORT MONMOUTH, NEW JERSEY.—The project for

14 shore protection, Raritan Bay and Sandy Hook Bay,

15 Port Monmouth, New Jersey, at a total cost of

16 $32,064,000, with an estimated Federal cost of

17 $20,842,000 and an estimated non-Federal cost of

18 $11,222,000, and at an estimated average annual

19 cost of $2,468,000 for periodic nourishment over the

20 50-year life of the project, with an estimated annual

21 Federal cost of $1,234,000 and an estimated annual

22 non-Federal cost of $1,234,000.

23 (19) MEMPHIS, TENNESSEE.—The project for

24 ecosystem restoration, Wolf River, Memphis, Ten25 nessee, at a total cost of $10,933,000, with an esti-
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1 mated Federal cost of $7,106,000 and an estimated

2 non-Federal cost of $3,827,000.

3 (20) JACKSON HOLE, WYOMING.—

4 (A) IN GENERAL.—The project for envi5 ronmental restoration, Jackson Hole, Wyoming,

6 at a total cost of $52,242,000, with an esti7 mated Federal cost of $33,957,000 and an esti8 mated non-Federal cost of $18,285,000.

9 (B) NON-FEDERAL SHARE.—

10 (i) IN GENERAL.—The non-Federal

11 share of the costs of the project may be

12 provided in cash or in the form of in-kind

13 services or materials.

14 (ii) CREDIT.—The non-Federal inter15 est shall receive credit toward the non-Fed16 eral share of project costs for design and

17 construction work carried out by the non18 Federal interest before the date of execu19 tion of a project cooperation agreement for

20 the project, if the Secretary finds that the

21 work is integral to the project.

22 (21) OHIO RIVER.—

23 (A) IN GENERAL.—The program for pro24 tection and restoration of fish and wildlife habi25 tat in and along the main stem of the Ohio
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1 River, consisting of projects described in a com2 prehensive plan, at a total cost of

3 $307,700,000, with an estimated Federal cost

4 of $200,000,000 and an estimated non-Federal

5 cost of $107,700,000.

6 (B) NON-FEDERAL SHARE.—

7 (i) IN GENERAL.—The non-Federal

8 share of the costs of any project under the

9 program may be provided in cash or in the

10 form of in-kind services or materials.

11 (ii) CREDIT.—The non-Federal inter12 est shall receive credit toward the non-Fed13 eral share of project costs for design and

14 construction work carried out by the non15 Federal interest before the date of execu16 tion of a project cooperation agreement for

17 the project, if the Secretary finds that the

18 work is integral to the project.

19 SEC. 102. SMALL SHORE PROTECTION PROJECTS.

20 The Secretary shall conduct a study for each of the

21 following projects, and if the Secretary determines that

22 a project is feasible, may carry out the project under sec23 tion 3 of the Act of August 13, 1946 (33 U.S.C. 426g):

24 (1) LAKE PALOURDE, LOUISIANA.—Project for

25 beach restoration and protection, Highway 70, Lake
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1 Palourde, St. Mary and St. Martin Parishes, Lou2 isiana.

3 (2) ST. BERNARD, LOUISIANA.—Project for

4 beach restoration and protection, Bayou Road, St.

5 Bernard, Louisiana.

6 SEC. 103. SMALL NAVIGATION PROJECTS.

7 The Secretary shall conduct a study for each of the

8 following projects and, if the Secretary determines that

9 a project is feasible, may carry out the project under sec10 tion 107 of the River and Harbor Act of 1960 (33 U.S.C.

11 577):

12 (1) CAPE CORAL SOUTH SPREADER WATERWAY,

13 FLORIDA.—Project for navigation, Cape Coral South

14 Spreader Waterway, Lee County, Florida.

15 (2) HOUMA NAVIGATION CANAL, LOUISIANA.—

16 Project for navigation, Houma Navigation Canal,

17 Terrebonne Parish, Louisiana.

18 (3) VIDALIA PORT, LOUISIANA.—Project for

19 navigation, Vidalia Port, Louisiana.

20 SEC. 104. REMOVAL OF SNAGS AND CLEARING AND

21 STRAIGHTENING OF CHANNELS IN NAVI22 GABLE WATERS.

23 The Secretary shall conduct a study for each of the

24 following projects and, if the Secretary determines that
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1 a project is appropriate, may carry out the project under

2 section 3 of the Act of March 2, 1945 (33 U.S.C. 604):

3 (1) BAYOU MANCHAC, LOUISIANA.—Project for

4 removal of snags and clearing and straightening of

5 channels for flood control, Bayou Manchac, Ascen6 sion Parish, Louisiana.

7 (2) BLACK BAYOU AND HIPPOLYTE COULEE,

8 LOUISIANA.—Project for removal of snags and clear9 ing and straightening of channels for flood control,

10 Black Bayou and Hippolyte Coulee, Calcasieu Par11 ish, Louisiana.

12 SEC. 105. SMALL BANK STABILIZATION PROJECTS.

13 The Secretary shall conduct a study for each of the

14 following projects and, if the Secretary determines that

15 a project is feasible, may carry out the project under sec16 tion 14 of the Flood Control Act of 1946 (33 U.S.C.

17 701r):

18 (1) BAYOU DES GLAISES, LOUISIANA.—Project

19 for emergency streambank protection, Bayou des

20 Glaises (Lee Chatelain Road), Avoyelles Parish,

21 Louisiana.

22 (2) BAYOU PLAQUEMINE, LOUISIANA.—Project

23 for emergency streambank protection, Highway 77,

24 Bayou Plaquemine, Iberville Parish, Louisiana.
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1 (3) HAMMOND, LOUISIANA.—Project for emer2 gency streambank protection, Fagan Drive Bridge,

3 Hammond, Louisiana.

4 (4) IBERVILLE PARISH, LOUISIANA.—Project

5 for emergency streambank protection, Iberville Par6 ish, Louisiana.

7 (5) LAKE ARTHUR, LOUISIANA.—Project for

8 emergency streambank protection, Parish Road 120

9 at Lake Arthur, Louisiana.

10 (6) LAKE CHARLES, LOUISIANA.—Project for

11 emergency streambank protection, Pithon Coulee,

12 Lake Charles, Calcasieu Parish, Louisiana.

13 (7) LOGGY BAYOU, LOUISIANA.—Project for

14 emergency streambank protection, Loggy Bayou,

15 Bienville Parish, Louisiana.

16 (8) SCOTLANDVILLE BLUFF, LOUISIANA.—

17 Project for emergency streambank protection,

18 Scotlandville Bluff, East Baton Rouge Parish, Lou19 isiana.

20 SEC. 106. SMALL FLOOD CONTROL PROJECTS.

21 The Secretary shall conduct a study for each of the

22 following projects and, if the Secretary determines that

23 a project is feasible, may carry out the project under sec24 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

25 701s):
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1 (1) WEISER RIVER, IDAHO.—Project for flood

2 damage reduction, Weiser River, Idaho.

3 (2) BAYOU TETE L’OURS, LOUISIANA.—Project

4 for flood control, Bayou Tete L’Ours, Louisiana.

5 (3) BOSSIER CITY, LOUISIANA.—Project for

6 flood control, Red Chute Bayou levee, Bossier City,

7 Louisiana.

8 (4) BRAITHWAITE PARK, LOUISIANA.—Project

9 for flood control, Braithwaite Park, Louisiana.

10 (5) CANE BEND SUBDIVISION, LOUISIANA.—

11 Project for flood control, Cane Bend Subdivision,

12 Bossier Parish, Louisiana.

13 (6) CROWN POINT, LOUISIANA.—Project for

14 flood control, Crown Point, Louisiana.

15 (7) DONALDSONVILLE CANALS, LOUISIANA.—

16 Project for flood control, Donaldsonville Canals,

17 Louisiana.

18 (8) GOOSE BAYOU, LOUISIANA.—Project for

19 flood control, Goose Bayou, Louisiana.

20 (9) GUMBY DAM, LOUISIANA.—Project for flood

21 control, Gumby Dam, Richland Parish, Louisiana.

22 (10) HOPE CANAL, LOUISIANA.—Project for

23 flood control, Hope Canal, Louisiana.

24 (11) JEAN LAFITTE, LOUISIANA.—Project for

25 flood control, Jean Lafitte, Louisiana.
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1 (12) LOCKPORT TO LAROSE, LOUISIANA.—

2 Project for flood control, Lockport to Larose, Lou3 isiana.

4 (13) LOWER LAFITTE BASIN, LOUISIANA.—

5 Project for flood control, Lower Lafitte Basin, Lou6 isiana.

7 (14) OAKVILLE TO LAREUSSITE, LOUISIANA.—

8 Project for flood control, Oakville to LaReussite,

9 Louisiana.

10 (15) PAILET BASIN, LOUISIANA.—Project for

11 flood control, Pailet Basin, Louisiana.

12 (16) POCHITOLAWA CREEK, LOUISIANA.—

13 Project for flood control, Pochitolawa Creek, Lou14 isiana.

15 (17) ROSETHORN BASIN, LOUISIANA.—Project

16 for flood control, Rosethorn Basin, Louisiana.

17 (18) SHREVEPORT, LOUISIANA.—Project for

18 flood control, Twelve Mile Bayou, Shreveport, Lou19 isiana.

20 (19) STEPHENSVILLE, LOUISIANA.—Project for

21 flood control, Stephensville, Louisiana.

22 (20) ST. JOHN THE BAPTIST PARISH, LOU23 ISIANA.—Project for flood control, St. John the

24 Baptist Parish, Louisiana.
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1 (21) MAGBY CREEK AND VERNON BRANCH, MIS2 SISSIPPI.—Project for flood control, Magby Creek

3 and Vernon Branch, Lowndes County, Mississippi.

4 (22) FRITZ LANDING, TENNESSEE.—Project for

5 flood control, Fritz Landing, Tennessee.

6 SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE

7 QUALITY OF THE ENVIRONMENT.

8 The Secretary shall conduct a study for each of the

9 following projects and, if the Secretary determines that

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

11 section 1135(a) of the Water Resources Development Act

12 of 1986 (33 U.S.C. 2309a(a)):

13 (1) BAYOU SAUVAGE NATIONAL WILDLIFE REF14 UGE, LOUISIANA.—Project for improvement of the

15 quality of the environment, Bayou Sauvage National

16 Wildlife Refuge, Orleans Parish, Louisiana.

17 (2) GULF INTRACOASTAL WATERWAY, BAYOU

18 PLAQUEMINE, LOUISIANA.—Project for improvement

19 of the quality of the environment, Gulf Intracoastal

20 Waterway, Bayou Plaquemine, Iberville Parish, Lou21 isiana.

22 (3) GULF INTRACOASTAL WATERWAY, MILES

23 220 TO 222.5, LOUISIANA.—Project for improvement

24 of the quality of the environment, Gulf Intracoastal
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1 Waterway, miles 220 to 222.5, Vermilion Parish,

2 Louisiana.

3 (4) GULF INTRACOASTAL WATERWAY, WEEKS

4 BAY, LOUISIANA.—Project for improvement of the

5 quality of the environment, Gulf Intracoastal Water6 way, Weeks Bay, Iberia Parish, Louisiana.

7 (5) LAKE FAUSSE POINT, LOUISIANA.—Project

8 for improvement of the quality of the environment,

9 Lake Fausse Point, Louisiana.

10 (6) LAKE PROVIDENCE, LOUISIANA.—Project

11 for improvement of the quality of the environment,

12 Old River, Lake Providence, Louisiana.

13 (7) NEW RIVER, LOUISIANA.—Project for im14 provement of the quality of the environment, New

15 River, Ascension Parish, Louisiana.

16 (8) ERIE COUNTY, OHIO.—Project for improve17 ment of the quality of the environment, Sheldon’s

18 Marsh State Nature Preserve, Erie County, Ohio.

19 (9) MUSHINGUM COUNTY, OHIO.—Project for

20 improvement of the quality of the environment, Dil21 lon Reservoir watershed, Licking River, Mushingum

22 County, Ohio.
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1 SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.

2 The Secretary may carry out the following projects

3 under section 204 of the Water Resources Development

4 Act of 1992 (33 U.S.C. 2326):

5 (1) HOUMA NAVIGATION CANAL, LOUISIANA.—

6 Project to make beneficial use of dredged material

7 from a Federal navigation project that includes bar8 rier island restoration at the Houma Navigation

9 Canal, Terrebonne Parish, Louisiana.

10 (2) MISSISSIPPI RIVER GULF OUTLET, MILE -3

11 TO MILE -9, LOUISIANA.—Project to make beneficial

12 use of dredged material from a Federal navigation

13 project that includes dredging of the Mississippi

14 River Gulf Outlet, mile -3 to mile -9, St. Bernard

15 Parish, Louisiana.

16 (3) MISSISSIPPI RIVER GULF OUTLET, MILE 11

17 TO MILE 4, LOUISIANA.—Project to make beneficial

18 use of dredged material from a Federal navigation

19 project that includes dredging of the Mississippi

20 River Gulf Outlet, mile 11 to mile 4, St. Bernard

21 Parish, Louisiana.

22 (4) PLAQUEMINES PARISH, LOUISIANA.—

23 Project to make beneficial use of dredged material

24 from a Federal navigation project that includes

25 marsh creation at the contained submarine mainte-
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1 nance dredge sediment trap, Plaquemines Parish,

2 Louisiana.

3 (5) OTTAWA COUNTY, OHIO.—Project to pro4 tect, restore, and create aquatic and related habitat

5 using dredged material, East Harbor State Park,

6 Ottawa County, Ohio.

7 SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION

8 PROJECTS.

9 (a) IN GENERAL.—The Secretary may carry out the

10 following projects under section 206 of the Water Re11 sources Development Act of 1996 (33 U.S.C. 2330):

12 (1) BRAUD BAYOU, LOUISIANA.—Project for

13 aquatic ecosystem restoration, Braud Bayou, Span14 ish Lake, Ascension Parish, Louisiana.

15 (2) BURAS MARINA, LOUISIANA.—Project for

16 aquatic ecosystem restoration, Buras Marina, Buras,

17 Plaquemines Parish, Louisiana.

18 (3) COMITE RIVER, LOUISIANA.—Project for

19 aquatic ecosystem restoration, Comite River at Hoo20 per Road, Louisiana.

21 (4) DEPARTMENT OF ENERGY 21-INCH PIPE22 LINE CANAL, LOUISIANA.—Project for aquatic eco23 system restoration, Department of Energy 21-inch

24 Pipeline Canal, St. Martin Parish, Louisiana.
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1 (5) LAKE BORGNE, LOUISIANA.—Project for

2 aquatic ecosystem restoration, southern shores of

3 Lake Borgne, Louisiana.

4 (6) LAKE MARTIN, LOUISIANA.—Project for

5 aquatic ecosystem restoration, Lake Martin, Lou6 isiana.

7 (7) LULING, LOUISIANA.—Project for aquatic

8 ecosystem restoration, Luling Oxidation Pond, St.

9 Charles Parish, Louisiana.

10 (8) MANDEVILLE, LOUISIANA.—Project for

11 aquatic ecosystem restoration, Mandeville, St. Tam12 many Parish, Louisiana.

13 (9) ST. JAMES, LOUISIANA.—Project for aquatic

14 ecosystem restoration, St. James, Louisiana.

15 (10) MINES FALLS PARK, NEW HAMPSHIRE.—

16 Project for aquatic ecosystem restoration, Mines

17 Falls Park, New Hampshire.

18 (11) NORTH HAMPTON, NEW HAMPSHIRE.—

19 Project for aquatic ecosystem restoration, Little

20 River Salt Marsh, North Hampton, New Hampshire.

21 (12) HIGHLAND COUNTY, OHIO.—Project for

22 aquatic ecosystem restoration, Rocky Fork Lake,

23 Clear Creek floodplain, Highland County, Ohio.
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1 (13) HOCKING COUNTY, OHIO.—Project for

2 aquatic ecosystem restoration, Long Hollow Mine,

3 Hocking County, Ohio.

4 (14) TUSCARAWAS COUNTY, OHIO.—Project for

5 aquatic ecosystem restoration, Huff Run,

6 Tuscarawas County, Ohio.

7 (15) CENTRAL AMAZON CREEK, OREGON.—

8 Project for aquatic ecosystem restoration, Central

9 Amazon Creek, Oregon.

10 (16) DELTA PONDS, OREGON.—Project for

11 aquatic ecosystem restoration, Delta Ponds, Oregon.

12 (17) EUGENE MILLRACE, OREGON.—Project for

13 aquatic ecosystem restoration, Eugene Millrace, Or14 egon.

15 (18) MEDFORD, OREGON.—Project for aquatic

16 ecosystem restoration, Bear Creek watershed, Med17 ford, Oregon.

18 (19) ROSLYN LAKE, OREGON.—Project for

19 aquatic ecosystem restoration, Roslyn Lake, Oregon.

20 (b) SALMON RIVER, IDAHO.—

21 (1) CREDIT.—The non-Federal interests with

22 respect to the proposed project for aquatic ecosystem

23 restoration, Salmon River, Idaho, may receive credit

24 toward the non-Federal share of project costs for

25 work, consisting of surveys, studies, and develop-
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1 ment of technical data, that is carried out by the

2 non-Federal interests in connection with the project,

3 if the Secretary finds that the work is integral to the

4 project.

5 (2) MAXIMUM AMOUNT OF CREDIT.—The

6 amount of the credit under paragraph (1), together

7 with other credit afforded, shall not exceed the non8 Federal share of the cost of the project under sec9 tion 206 of the Water Resources Development Act

10 of 1996 (33 U.S.C. 2330).

11 SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORA12 TION.

13 Section 212(e) of the Water Resources Development

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

15 (1) in paragraph (22), by striking ‘‘and’’ at the

16 end;

17 (2) in paragraph (23), by striking the period at

18 the end and inserting ‘‘; and’’; and

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

20 ‘‘(24) Perry Creek, Iowa.’’.

21 SEC. 111. DISPOSAL OF DREDGED MATERIAL ON BEACHES.

22 Section 217 of the Water Resources Development Act

23 of 1999 (113 Stat. 294) is amended by adding at the end

24 the following:
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1 ‘‘(f) FORT CANBY STATE PARK, BENSON BEACH,

2 WASHINGTON.—The Secretary may design and construct

3 a shore protection project at Fort Canby State Park, Ben4 son Beach, Washington, including beneficial use of

5 dredged material from Federal navigation projects as pro6 vided under section 145 of the Water Resources Develop7 ment Act of 1976 (33 U.S.C. 426j).’’.

8 TITLE II—GENERAL PROVISIONS

9 SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.

10 Section 221(a) of the Flood Control Act of 1970 (42

11 U.S.C. 1962d–5b(a)) is amended in the second sentence—

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

13 (2) by inserting before the period at the end the

14 following: ‘‘of the State or a body politic of the

15 State’’.

16 SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.

17 Section 729 of the Water Resources Development Act

18 of 1986 (100 Stat. 4164) is amended to read as follows:

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

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

21 water resources needs of river basins and watersheds of

22 the United States, including needs relating to—

23 ‘‘(1) ecosystem protection and restoration;

24 ‘‘(2) flood damage reduction;

25 ‘‘(3) navigation and ports;
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1 ‘‘(4) watershed protection;

2 ‘‘(5) water supply; and

3 ‘‘(6) drought preparedness.

4 ‘‘(b) COOPERATION.—An assessment under sub5 section (a) shall be carried out in cooperation and coordi6 nation with—

7 ‘‘(1) the Secretary of the Interior;

8 ‘‘(2) the Secretary of Agriculture;

9 ‘‘(3) the Secretary of Commerce;

10 ‘‘(4) the Administrator of the Environmental

11 Protection Agency; and

12 ‘‘(5) the heads of other appropriate agencies.

13 ‘‘(c) CONSULTATION.—In carrying out an assessment

14 under subsection (a), the Secretary shall consult with Fed15 eral, tribal, State, interstate, and local governmental enti16 ties.

17 ‘‘(d) PRIORITY RIVER BASINS AND WATERSHEDS.—

18 In selecting river basins and watersheds for assessment

19 under this section, the Secretary shall give priority to—

20 ‘‘(1) the Delaware River basin; and

21 ‘‘(2) the Willamette River basin, Oregon.

22 ‘‘(e) ACCEPTANCE OF CONTRIBUTIONS.—In carrying

23 out an assessment under subsection (a), the Secretary

24 may accept contributions, in cash or in kind, from Fed25 eral, tribal, State, interstate, and local governmental enti-
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1 ties to the extent that the Secretary determines that the

2 contributions will facilitate completion of the assessment.

3 ‘‘(f) COST-SHARING REQUIREMENTS.—

4 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal

5 share of the costs of an assessment carried out

6 under this section shall be 50 percent.

7 ‘‘(2) CREDIT.—

8 ‘‘(A) IN GENERAL.—Subject to subpara9 graph (B), the non-Federal interests may re10 ceive credit toward the non-Federal share re11 quired under paragraph (1) for the provision of

12 services, materials, supplies, or other in-kind

13 contributions.

14 ‘‘(B) MAXIMUM AMOUNT OF CREDIT.—

15 Credit under subparagraph (A) shall not exceed

16 an amount equal to 25 percent of the costs of

17 the assessment.

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

19 is authorized to be appropriated to carry out this section

20 $15,000,000.’’.

21 SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

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

23 the term ‘‘Indian tribe’’ has the meaning given the term

24 in section 4 of the Indian Self-Determination and Edu25 cation Assistance Act (25 U.S.C. 450b).
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1 (b) PROGRAM.—

2 (1) IN GENERAL.—In cooperation with Indian

3 tribes and the heads of other Federal agencies, the

4 Secretary may study and determine the feasibility of

5 carrying out water resources development projects

6 that—

7 (A) will substantially benefit Indian tribes;

8 and

9 (B) are located primarily within Indian

10 country (as defined in section 1151 of title 18,

11 United States Code) or in proximity to Alaska

12 Native villages.

13 (2) MATTERS TO BE STUDIED.—A study con14 ducted under paragraph (1) may address—

15 (A) projects for flood damage reduction,

16 environmental restoration and protection, and

17 preservation of cultural and natural resources;

18 and

19 (B) such other projects as the Secretary,

20 in cooperation with Indian tribes and the heads

21 of other Federal agencies, determines to be ap22 propriate.

23 (c) CONSULTATION AND COORDINATION WITH SEC24 RETARY OF THE INTERIOR.—
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1 (1) IN GENERAL.—In recognition of the unique

2 role of the Secretary of the Interior concerning trust

3 responsibilities with Indian tribes, and in recognition

4 of mutual trust responsibilities, the Secretary shall

5 consult with the Secretary of the Interior concerning

6 studies conducted under subsection (b).

7 (2) INTEGRATION OF ACTIVITIES.—The Sec8 retary shall—

9 (A) integrate civil works activities of the

10 Department of the Army with activities of the

11 Department of the Interior to avoid conflicts,

12 duplications of effort, or unanticipated adverse

13 effects on Indian tribes; and

14 (B) consider the authorities and programs

15 of the Department of the Interior and other

16 Federal agencies in any recommendations con17 cerning carrying out projects studied under

18 subsection (b).

19 (d) PRIORITY PROJECTS.—In selecting water re20 sources development projects for study under this section,

21 the Secretary shall give priority to the project for the Trib22 al Reservation of the Shoalwater Bay Indian Tribe on

23 Willapa Bay, Washington, authorized by section 439(b).

24 (e) COST SHARING.—

25 (1) ABILITY TO PAY.—
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1 (A) IN GENERAL.—Any cost-sharing agree2 ment for a study under subsection (b) shall be

3 subject to the ability of the non-Federal interest

4 to pay.

5 (B) USE OF PROCEDURES.—The ability of

6 a non-Federal interest to pay shall be deter7 mined by the Secretary in accordance with pro8 cedures established by the Secretary.

9 (2) CREDIT.—

10 (A) IN GENERAL.—Subject to subpara11 graph (B), in conducting studies of projects

12 under subsection (b), the Secretary may provide

13 credit to the non-Federal interest for the provi14 sion of services, studies, supplies, or other in15 kind contributions to the extent that the Sec16 retary determines that the services, studies,

17 supplies, and other in-kind contributions will fa18 cilitate completion of the project.

19 (B) MAXIMUM AMOUNT OF CREDIT.—

20 Credit under subparagraph (A) shall not exceed

21 an amount equal to the non-Federal share of

22 the costs of the study.

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out subsection (b)

25 $5,000,000 for each of fiscal years 2002 through 2006,
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1 of which not more than $1,000,000 may be used with re2 spect to any 1 Indian tribe.

3 SEC. 204. ABILITY TO PAY.

4 Section 103(m) of the Water Resources Development

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

6 (1) by striking paragraphs (1) and (2) and in7 serting the following:

8 ‘‘(1) IN GENERAL.—Any cost-sharing agree9 ment under this section for a feasibility study, or for

10 construction of an environmental protection and res11 toration project, a flood control project, a project for

12 navigation, storm damage protection, shoreline ero13 sion, hurricane protection, or recreation, or an agri14 cultural water supply project, shall be subject to the

15 ability of the non-Federal interest to pay.

16 ‘‘(2) CRITERIA AND PROCEDURES.—

17 ‘‘(A) IN GENERAL.—The ability of a non18 Federal interest to pay shall be determined by

19 the Secretary in accordance with—

20 ‘‘(i) during the period ending on the

21 date on which revised criteria and proce22 dures are promulgated under subpara23 graph (B), criteria and procedures in effect

24 on the day before the date of enactment of

25 this subparagraph; and
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1 ‘‘(ii) after the date on which revised

2 criteria and procedures are promulgated

3 under subparagraph (B), the revised cri4 teria and procedures promulgated under

5 subparagraph (B).

6 ‘‘(B) REVISED CRITERIA AND PROCE7 DURES.—Not later than 18 months after the

8 date of enactment of this subparagraph, in ac9 cordance with paragraph (3), the Secretary

10 shall promulgate revised criteria and procedures

11 governing the ability of a non-Federal interest

12 to pay.’’; and

13 (2) in paragraph (3)—

14 (A) in subparagraph (A)(ii), by adding

15 ‘‘and’’ at the end; and

16 (B) by striking subparagraphs (B) and (C)

17 and inserting the following:

18 ‘‘(B) may consider additional criteria relat19 ing to—

20 ‘‘(i) the financial ability of the non21 Federal interest to carry out its cost-shar22 ing responsibilities; or

23 ‘‘(ii) additional assistance that may be

24 available from other Federal or State

25 sources.’’.
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1 SEC. 205. PROPERTY PROTECTION PROGRAM.

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

3 program to reduce vandalism and destruction of property

4 at water resources development projects under the juris5 diction of the Department of the Army.

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

7 program, the Secretary may provide rewards (including

8 cash rewards) to individuals who provide information or

9 evidence leading to the arrest and prosecution of individ10 uals causing damage to Federal property.

11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $500,000 for each fiscal year.

14 SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.

15 Notwithstanding section 611 of the Treasury and

16 General Government Appropriations Act, 1999 (Public

17 Law 105–277; 112 Stat. 2681–515), the Secretary may—

18 (1) participate in the National Recreation Res19 ervation Service on an interagency basis; and

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

21 the activities required to implement, operate, and

22 maintain the Service.

23 SEC. 207. OPERATION AND MAINTENANCE OF HYDRO24 ELECTRIC FACILITIES.

25 Section 314 of the Water Resources Development Act

26 of 1990 (33 U.S.C. 2321) is amended in the first sentence
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1 by inserting before the period at the end the following:

2 ‘‘in cases in which the activities require specialized train3 ing relating to hydroelectric power generation’’.

4 SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.

5 Section 234(d) of the Water Resources Development

6 Act of 1996 (33 U.S.C. 2323a(d)) is amended—

7 (1) in the first sentence, by striking

8 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and

9 (2) in the second sentence, by inserting ‘‘out’’

10 after ‘‘carry’’.

11 SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.

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

13 the term ‘‘Indian tribe’’ has the meaning given the term

14 in section 4 of the Indian Self-Determination and Edu15 cation Assistance Act (25 U.S.C. 450b).

16 (b) REBURIAL.—

17 (1) REBURIAL AREAS.—In consultation with af18 fected Indian tribes, the Secretary may identify and

19 set aside areas at civil works projects of the Depart20 ment of the Army that may be used to rebury Na21 tive American remains that—

22 (A) have been discovered on project land;

23 and
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1 (B) have been rightfully claimed by a lineal

2 descendant or Indian tribe in accordance with

3 applicable Federal law.

4 (2) REBURIAL.—In consultation with and with

5 the consent of the lineal descendant or the affected

6 Indian tribe, the Secretary may recover and rebury,

7 at full Federal expense, the remains at the areas

8 identified and set aside under subsection (b)(1).

9 (c) CONVEYANCE AUTHORITY.—

10 (1) IN GENERAL.—Subject to paragraph (2),

11 notwithstanding any other provision of law, the Sec12 retary may convey to an Indian tribe for use as a

13 cemetery an area at a civil works project that is

14 identified and set aside by the Secretary under sub15 section (b)(1).

16 (2) RETENTION OF NECESSARY PROPERTY IN17 TERESTS.—In carrying out paragraph (1), the Sec18 retary shall retain any necessary right-of-way, ease19 ment, or other property interest that the Secretary

20 determines to be necessary to carry out the author21 ized purposes of the project.

22 SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND

23 DIKES.

24 Section 9 of the Act of March 3, 1899 (33 U.S.C.

25 401), is amended—
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

2 ‘‘It shall’’;

3 (2) by striking ‘‘However, such structures’’ and

4 inserting the following:

5 ‘‘(b) WATERWAYS WITHIN A SINGLE STATE.—Not6 withstanding subsection (a), structures described in sub7 section (a)’’;

8 (3) by striking ‘‘When plans’’ and inserting the

9 following:

10 ‘‘(c) MODIFICATION OF PLANS.—When plans’’;

11 (4) by striking ‘‘The approval’’ and inserting

12 the following:

13 ‘‘(d) APPLICABILITY.—

14 ‘‘(1) BRIDGES AND CAUSEWAYS.—The ap15 proval’’; and

16 (5) in subsection (d) (as designated by para17 graph (4)), by adding at the end the following:

18 ‘‘(2) DAMS AND DIKES.—

19 ‘‘(A) IN GENERAL.—The approval required

20 by this section of the location and plans, or any

21 modification of plans, of any dam or dike, ap22 plies only to a dam or dike that, if constructed,

23 would completely span a waterway used to

24 transport interstate or foreign commerce, in

25 such a manner that actual, existing interstate
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1 or foreign commerce could be adversely af2 fected.

3 ‘‘(B) OTHER DAMS AND DIKES.—Any dam

4 or dike (other than a dam or dike described in

5 subparagraph (A)) that is proposed to be built

6 in any other navigable water of the United

7 States—

8 ‘‘(i) shall be subject to section 10; and

9 ‘‘(ii) shall not be subject to the ap10 proval requirements of this section.’’.

11 SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.

12 Section 1001 of the Water Resources Development

13 Act of 1986 (33 U.S.C. 579a) is amended to read as fol14 lows:

15 ‘‘SEC. 1001. PROJECT DEAUTHORIZATIONS.

16 ‘‘(a) DEFINITIONS.—In this section:

17 ‘‘(1) CONSTRUCTION.—The term ‘construction’,

18 with respect to a project or separable element,

19 means—

20 ‘‘(A) in the case of—

21 ‘‘(i) a nonstructural flood control

22 project, the acquisition of land, an ease23 ment, or a right-of-way primarily to relo24 cate a structure; and
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1 ‘‘(ii) in the case of any other non2 structural measure, the performance of

3 physical work under a construction con4 tract;

5 ‘‘(B) in the case of an environmental pro6 tection and restoration project—

7 ‘‘(i) the acquisition of land, an ease8 ment, or a right-of-way primarily to facili9 tate the restoration of wetland or a similar

10 habitat; or

11 ‘‘(ii) the performance of physical work

12 under a construction contract to modify an

13 existing project facility or to construct a

14 new environmental protection and restora15 tion measure; and

16 ‘‘(C) in the case of any other water re17 sources project, the performance of physical

18 work under a construction contract.

19 ‘‘(2) PHYSICAL WORK UNDER A CONSTRUCTION

20 CONTRACT.—The term ‘physical work under a con21 struction contract’ does not include any activity re22 lated to project planning, engineering and design, re23 location, or the acquisition of land, an easement, or

24 a right-of-way.

25 ‘‘(b) PROJECTS NEVER UNDER CONSTRUCTION.—
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1 ‘‘(1) LIST OF PROJECTS.—The Secretary shall

2 annually submit to Congress a list of projects and

3 separable elements of projects that—

4 ‘‘(A) are authorized for construction; and

5 ‘‘(B) for which no Federal funds were obli6 gated for construction during the 4 full fiscal

7 years preceding the date of submission of the

8 list.

9 ‘‘(2) DEAUTHORIZATION.—Any water resources

10 project, or separable element of a water resources

11 project, authorized for construction shall be de12 authorized effective at the end of the 7-year period

13 beginning on the date of the most recent authoriza14 tion or reauthorization of the project or separable

15 element unless Federal funds have been obligated for

16 preconstruction engineering and design or for con17 struction of the project or separable element by the

18 end of that period.

19 ‘‘(c) PROJECTS FOR WHICH CONSTRUCTION HAS

20 BEEN SUSPENDED.—

21 ‘‘(1) LIST OF PROJECTS.—

22 ‘‘(A) IN GENERAL.—The Secretary shall

23 annually submit to Congress a list of projects

24 and separable elements of projects—
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1 ‘‘(i) that are authorized for construc2 tion;

3 ‘‘(ii) for which Federal funds have

4 been obligated for construction of the

5 project or separable element; and

6 ‘‘(iii) for which no Federal funds have

7 been obligated for construction of the

8 project or separable element during the 2

9 full fiscal years preceding the date of sub10 mission of the list.

11 ‘‘(B) PROJECTS WITH INITIAL PLACEMENT

12 OF FILL.—The Secretary shall not include on a

13 list submitted under subparagraph (A) any

14 shore protection project with respect to which

15 there has been, before the date of submission of

16 the list, any placement of fill unless the Sec17 retary determines that the project no longer has

18 a willing and financially capable non-Federal in19 terest.

20 ‘‘(2) DEAUTHORIZATION.—Any water resources

21 project, or separable element of a water resources

22 project, for which Federal funds have been obligated

23 for construction shall be deauthorized effective at

24 the end of any 5-fiscal year period during which

25 Federal funds specifically identified for construction
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1 of the project or separable element (in an Act of

2 Congress or in the accompanying legislative report

3 language) have not been obligated for construction.

4 ‘‘(d) CONGRESSIONAL NOTIFICATIONS.—Upon sub5 mission of the lists under subsections (b)(1) and (c)(1),

6 the Secretary shall notify each Senator in whose State,

7 and each Member of the House of Representatives in

8 whose district, the affected project or separable element

9 is or would be located.

10 ‘‘(e) FINAL DEAUTHORIZATION LIST.—The Sec11 retary shall publish annually in the Federal Register a list

12 of all projects and separable elements deauthorized under

13 subsection (b)(2) or (c)(2).

14 ‘‘(f) EFFECTIVE DATE.—Subsections (b)(2) and

15 (c)(2) take effect 1 year after the date of enactment of

16 this subsection.’’.

17 SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.

18 (a) IN GENERAL.—Section 402(c) of the Water Re19 sources Development Act of 1986 (33 U.S.C. 701b–12(c))

20 is amended—

21 (1) in the first sentence of paragraph (1), by

22 striking ‘‘Within 6 months after the date of the en23 actment of this subsection, the’’ and inserting

24 ‘‘The’’;
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1 (2) by redesignating paragraph (2) as para2 graph (3);

3 (3) by striking ‘‘Such guidelines shall address’’

4 and inserting the following:

5 ‘‘(2) REQUIRED ELEMENTS.—The guidelines

6 developed under paragraph (1) shall—

7 ‘‘(A) address’’; and

8 (4) in paragraph (2) (as designated by para9 graph (3))—

10 (A) by inserting ‘‘that non-Federal inter11 ests shall adopt and enforce’’ after ‘‘policies’’;

12 (B) by striking the period at the end and

13 inserting ‘‘; and’’; and

14 (C) by adding at the end the following:

15 ‘‘(B) require non-Federal interests to take

16 measures to preserve the level of flood protec17 tion provided by a project to which subsection

18 (a) applies.’’.

19 (b) APPLICABILITY.—The amendments made by sub20 section (a) shall apply to any project or separable element

21 of a project with respect to which the Secretary and the

22 non-Federal interest have not entered a project coopera23 tion agreement on or before the date of enactment of this

24 Act.
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1 (c) TECHNICAL AMENDMENTS.—Section 402(b) of

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

3 701b–12(b)) is amended—

4 (1) in the subsection heading, by striking

5 ‘‘FLOOD PLAIN’’ and inserting ‘‘FLOODPLAIN’’; and

6 (2) in the first sentence, by striking ‘‘flood

7 plain’’ and inserting ‘‘floodplain’’.

8 SEC. 213. ENVIRONMENTAL DREDGING.

9 Section 312 of the Water Resources Development Act

10 of 1990 (33 U.S.C. 1272) is amended by adding at the

11 end the following:

12 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec13 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

14 1962d–5b), for any project carried out under this section,

15 a non-Federal sponsor may include a nonprofit entity,

16 with the consent of the affected local government.’’.

17 SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYS18 TEMS DATA.

19 (a) IN GENERAL.—Beginning October 1, 2000, the

20 Secretary, acting through the Chief of Engineers, shall

21 publish, on the Army Corps of Engineers’ Regulatory Pro22 gram website, quarterly reports that include all Regu23 latory Analysis and Management Systems (RAMS) data.

24 (b) DATA.—Such RAMS data shall include—
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1 (1) the date on which an individual or nation2 wide permit application under section 404 of the

3 Federal Water Pollution Control Act (33 U.S.C.

4 1344) is first received by the Corps;

5 (2) the date on which the application is consid6 ered complete;

7 (3) the date on which the Corps either grants

8 (with or without conditions) or denies the permit;

9 and

10 (4) if the application is not considered complete

11 when first received by the Corps, a description of the

12 reason the application was not considered complete.

13 SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL

14 SERVICES.

15 (a) DEFINITION OF STATE.—In this section, the term

16 ‘‘State’’ has the meaning given the term in section 6501

17 of title 31, United States Code.

18 (b) AUTHORITY.—The Corps of Engineers may pro19 vide specialized or technical services to a Federal agency

20 (other than a Department of Defense agency), State, or

21 local government of the United States under section 6505

22 of title 31, United States Code, only if the chief executive

23 of the requesting entity submits to the Secretary—

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

25 services to be performed and agreeing to reimburse
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1 the Corps for all costs associated with the perform2 ance of the services; and

3 (2) a certification that includes adequate facts

4 to establish that the services requested are not rea5 sonably and quickly available through ordinary busi6 ness channels.

7 (c) CORPS AGREEMENT TO PERFORM SERVICES.—

8 The Secretary, after receiving a request described in sub9 section (b) to provide specialized or technical services,

10 shall, before entering into an agreement to perform the

11 services—

12 (1) ensure that the requirements of subsection

13 (b) are met with regard to the request for services;

14 and

15 (2) execute a certification that includes ade16 quate facts to establish that the Corps is uniquely

17 equipped to perform such services.

18 (d) ANNUAL REPORT TO CONGRESS.—

19 (1) IN GENERAL.—Not later than the end of

20 each calendar year, the Secretary shall provide to

21 the Committee on Transportation and Infrastructure

22 of the House of Representatives and the Committee

23 on Environment and Public Works of the Senate a

24 report identifying any request submitted by a Fed25 eral agency (other than a Department of Defense
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1 agency), State, or local government of the United

2 States to the Corps to provide specialized or tech3 nical services.

4 (2) CONTENTS OF REPORT.—The report shall

5 include, with respect to each request described in

6 paragraph (1)—

7 (A) a description of the scope of services

8 requested;

9 (B) the certifications required under sub10 section (b) and (c);

11 (C) the status of the request;

12 (D) the estimated and final cost of the

13 services;

14 (E) the status of reimbursement;

15 (F) a description of the scope of services

16 performed; and

17 (G) copies of all certifications in support of

18 the request.

19 SEC. 216. HYDROELECTRIC POWER PROJECT FUNDING.

20 Section 216 of the Water Resources Development Act

21 of 1996 (33 U.S.C. 2321a) is amended—

22 (1) in subsection (a), by striking ‘‘In carrying

23 out’’ and all that follows through ‘‘(1) is’’ and in24 serting the following: ‘‘In carrying out the operation,

25 maintenance, rehabilitation, and modernization of a
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1 hydroelectric power generating facility at a water re2 sources project under the jurisdiction of the Depart3 ment of the Army, the Secretary may, to the extent

4 funds are made available in appropriations Acts or

5 in accordance with subsection (c), take such actions

6 as are necessary to optimize the efficiency of energy

7 production or increase the capacity of the facility, or

8 both, if, after consulting with the heads of other ap9 propriate Federal and State agencies, the Secretary

10 determines that such actions—

11 ‘‘(1) are’’;

12 (2) in the first sentence of subsection (b), by

13 striking ‘‘the proposed uprating’’ and inserting ‘‘any

14 proposed uprating’’;

15 (3) by redesignating subsection (c) as sub16 section (e); and

17 (4) by inserting after subsection (b) the fol18 lowing:

19 ‘‘(c) USE OF FUNDS PROVIDED BY PREFERENCE

20 CUSTOMERS.—In carrying out this section, the Secretary

21 may accept and expend funds provided by preference cus22 tomers under Federal law relating to the marketing of

23 power.

24 ‘‘(d) APPLICATION.—This section does not apply to

25 any facility of the Department of the Army that is author-
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1 ized to be funded under section 2406 of the Energy Policy

2 Act of 1992 (16 U.S.C. 839d–1).’’.

3 SEC. 217. ASSISTANCE PROGRAMS.

4 (a) CONSERVATION AND RECREATION MANAGE5 MENT.—To further training and educational opportunities

6 at water resources development projects under the juris7 diction of the Secretary, the Secretary may enter into co8 operative agreements with non-Federal public and non9 profit entities for services relating to natural resources

10 conservation or recreation management.

11 (b) RURAL COMMUNITY ASSISTANCE.—In carrying

12 out studies and projects under the jurisdiction of the Sec13 retary, the Secretary may enter into cooperative agree14 ments with multistate regional private nonprofit rural

15 community assistance entities for services, including water

16 resource assessment, community participation, planning,

17 development, and management activities.

18 (c) COOPERATIVE AGREEMENTS.—A cooperative

19 agreement entered into under this section shall not be con20 sidered to be, or treated as being, a cooperative agreement

21 to which chapter 63 of title 31, United States Code, ap22 plies.

23 SEC. 218. FUNDING TO PROCESS PERMITS.

24 (a) The Secretary, after public notice, may accept

25 and expend funds contributed by non-Federal public enti-
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1 ties to expedite the evaluation of permits under the juris2 diction of the Department of the Army.

3 (b) In carrying out this section, the Secretary shall

4 ensure that the use of such funds as authorized in sub5 section (a) will result in improved efficiencies in permit

6 evaluation and will not impact impartial decisionmaking

7 in the permitting process.

8 SEC. 219. PROGRAM TO MARKET DREDGED MATERIAL.

9 (a) SHORT TITLE.—This section may be cited as the

10 ‘‘Dredged Material Reuse Act’’.

11 (b) FINDING.—Congress finds that the Secretary of

12 the Army should establish a program to reuse dredged

13 material—

14 (1) to ensure the long-term viability of disposal

15 capacity for dredged material; and

16 (2) to encourage the reuse of dredged material

17 for environmental and economic purposes.

18 (c) DEFINITION.—In this Act, the term ‘‘Secretary’’

19 means the Secretary of the Army, acting through the

20 Chief of Engineers.

21 (d) PROGRAM FOR REUSE OF DREDGED MATE22 RIAL.—

23 (1) IN GENERAL.—Not later than 180 days

24 after the date of enactment of this Act, the Sec25 retary shall establish a program to allow the direct
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1 marketing of dredged material to public agencies

2 and private entities.

3 (2) LIMITATIONS.—The Secretary shall not es4 tablish the program under subsection (a) unless a

5 determination is made that such program is in the

6 interest of the United States and is economically

7 justified, equitable, and environmentally acceptable.

8 (3) REGIONAL RESPONSIBILITY.—The program

9 described in subsection (a) may authorize each of

10 the 8 division offices of the Corps of Engineers to

11 market to public agencies and private entities any

12 dredged material from projects under the jurisdic13 tion of the regional office. Any revenues generated

14 from any sale of dredged material to such entities

15 shall be deposited in the United States Treasury.

16 (4) REPORTS.—Not later than 180 days after

17 the date of enactment of this Act, and annually

18 thereafter for a period of 4 years, the Secretary shall

19 submit to Congress a report on the program estab20 lished under subsection (a).

21 (5) AUTHORIZATION OF APPROPRIATIONS.—

22 There is authorized to be appropriated to carry out

23 this Act $2,000,000 for each fiscal year.

24 SEC. 220. NATIONAL ACADEMY OF SCIENCES STUDIES.

25 (a) DEFINITIONS.—In this section:
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1 (1) ACADEMY.—The term ‘‘Academy’’ means

2 the National Academy of Sciences.

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

4 method, model, assumption, or other pertinent plan5 ning tool used in conducting an economic or environ6 mental analysis of a water resources project, includ7 ing the formulation of a feasibility report.

8 (3) FEASIBILITY REPORT.—The term ‘‘feasi9 bility report’’ means each feasibility report, and each

10 associated environmental impact statement and miti11 gation plan, prepared by the Corps of Engineers for

12 a water resources project.

13 (4) WATER RESOURCES PROJECT.—The term

14 ‘‘water resources project’’ means a project for navi15 gation, a project for flood control, a project for hur16 ricane and storm damage reduction, a project for

17 emergency streambank and shore protection, a

18 project for ecosystem restoration and protection, and

19 a water resources project of any other type carried

20 out by the Corps of Engineers.

21 (b) INDEPENDENT PEER REVIEW OF PROJECTS.—

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

23 the date of enactment of this Act, the Secretary

24 shall contract with the Academy to study, and make
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1 recommendations relating to, the independent peer

2 review of feasibility reports.

3 (2) STUDY ELEMENTS.—In carrying out a con4 tract under paragraph (1), the Academy shall study

5 the practicality and efficacy of the independent peer

6 review of the feasibility reports, including—

7 (A) the cost, time requirements, and other

8 considerations relating to the implementation of

9 independent peer review; and

10 (B) objective criteria that may be used to

11 determine the most effective application of inde12 pendent peer review to feasibility reports for

13 each type of water resources project.

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

15 after the date of a contract under paragraph (1), the

16 Academy shall submit to the Secretary, the Com17 mittee on Transportation and Infrastructure of the

18 House of Representatives, and the Committee on

19 Environment and Public Works of the Senate a re20 port that includes—

21 (A) the results of the study conducted

22 under paragraphs (1) and (2); and

23 (B) in light of the results of the study,

24 specific recommendations, if any, on a program
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1 for implementing independent peer review of

2 feasibility reports.

3 (4) AUTHORIZATION OF APPROPRIATIONS.—

4 There is authorized to be appropriated to carry out

5 this subsection $1,000,000, to remain available until

6 expended.

7 (c) INDEPENDENT PEER REVIEW OF METHODS FOR

8 PROJECT ANALYSIS.—

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

10 the date of enactment of this Act, the Secretary

11 shall contract with the Academy to conduct a study

12 that includes—

13 (A) a review of state-of-the-art methods;

14 (B) a review of the methods currently used

15 by the Secretary;

16 (C) a review of a sample of instances in

17 which the Secretary has applied the methods

18 identified under subparagraph (B) in the anal19 ysis of each type of water resources project; and

20 (D) a comparative evaluation of the basis

21 and validity of state-of-the-art methods identi22 fied under subparagraph (A) and the methods

23 identified under subparagraphs (B) and (C).

24 (2) ACADEMY REPORT.—Not later than 1 year

25 after the date of a contract under paragraph (1), the
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1 Academy shall submit to the Secretary, the Com2 mittee on Transportation and Infrastructure of the

3 House of Representatives, and the Committee on

4 Environment and Public Works of the Senate a re5 port that includes—

6 (A) the results of the study conducted

7 under paragraph (1); and

8 (B) in light of the results of the study,

9 specific recommendations for modifying any of

10 the methods currently used by the Secretary for

11 conducting economic and environmental anal12 yses of water resources projects.

13 (3) AUTHORIZATION OF APPROPRIATIONS.—

14 There is authorized to be appropriated to carry out

15 this subsection $2,000,000, to remain available until

16 expended.

17 TITLE III—PROJECT-RELATED

18 PROVISIONS

19 SEC. 301. TENNESSEE-TOMBIGBEE WATERWAY WILDLIFE

20 MITIGATION PROJECT, ALABAMA AND MIS21 SISSIPPI.

22 (a) GENERAL.—The Tennessee-Tombigbee Waterway

23 Wildlife Mitigation Project, Alabama and Mississippi, au24 thorized by section 601(a) of Public Law 99–662 (100

25 Stat. 4138) is modified to authorize the Secretary to—
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1 (1) remove the wildlife mitigation purpose des2 ignation from up to 3,000 acres of land as necessary

3 over the life of the project from lands originally ac4 quired for water resource development projects in5 cluded in the Mitigation Project in accordance with

6 the Report of the Chief of Engineers dated August

7 31, 1985;

8 (2) sell or exchange such lands in accordance

9 with subsection (c)(1) and under such conditions as

10 the Secretary determines to be necessary to protect

11 the interests of the United States, utilize such lands

12 as the Secretary determines to be appropriate in

13 connection with development, operation, mainte14 nance, or modification of the water resource develop15 ment projects, or grant such other interests as the

16 Secretary may determine to be reasonable in the

17 public interest; and

18 (3) acquire, in accordance with subsections (c)

19 and (d), lands from willing sellers to offset the re20 moval of any lands from the Mitigation Project for

21 the purposes listed in subsection (a)(2) of this sec22 tion.

23 (b) REMOVAL PROCESS.—From the date of enact24 ment of this Act, the locations of these lands to be re25 moved will be determined at appropriate time intervals at
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1 the discretion of the Secretary, in consultation with appro2 priate Federal and State fish and wildlife agencies, to fa3 cilitate the operation of the water resource development

4 projects and to respond to regional needs related to the

5 project. Removals under this subsection shall be restricted

6 to Project Lands designated for mitigation and shall not

7 include lands purchased exclusively for mitigation pur8 poses (known as Separable Mitigation Lands). Parcel

9 identification, removal, and sale may occur assuming acre10 age acquisitions pursuant to subsection (d) are at least

11 equal to the total acreage of the lands removed.

12 (c) LANDS TO BE SOLD.—

13 (1) Lands to be sold or exchanged pursuant to

14 subsection (a)(2) shall be made available for related

15 uses consistent with other uses of the water resource

16 development project lands (including port, industry,

17 transportation, recreation, and other regional needs

18 for the project).

19 (2) Any valuation of land sold or exchanged

20 pursuant to this section shall be at fair market value

21 as determined by the Secretary.

22 (3) The Secretary is authorized to accept mone23 tary consideration and to use such funds without

24 further appropriation to carry out subsection (a)(3).

25 All monetary considerations made available to the
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1 Secretary under subsection (a)(2) from the sale of

2 lands shall be used for and in support of acquisitions

3 pursuant to subsection (d). The Secretary is further

4 authorized for purposes of this section to purchase

5 up to 1,000 acres from funds otherwise available.

6 (d) CRITERIA FOR LAND TO BE ACQUIRED.—The

7 Secretary shall consult with the appropriate Federal and

8 State fish and wildlife agencies in selecting the lands to

9 be acquired pursuant to subsection (a)(3). In selecting the

10 lands to be acquired, bottomland hardwood and associated

11 habitats will receive primary consideration. The lands

12 shall be adjacent to lands already in the Mitigation Project

13 unless otherwise agreed to by the Secretary and the fish

14 and wildlife agencies.

15 (e) DREDGED MATERIAL DISPOSAL SITES.—The

16 Secretary shall utilize dredge material disposal areas in

17 such a manner as to maximize their reuse by disposal and

18 removal of dredged materials, in order to conserve undis19 turbed disposal areas for wildlife habitat to the maximum

20 extent practicable. Where the habitat value loss due to

21 reuse of disposal areas cannot be offset by the reduced

22 need for other unused disposal sites, the Secretary shall

23 determine, in consultation with Federal and State fish and

24 wildlife agencies, and ensure full mitigation for any habi25 tat value lost as a result of such reuse.
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1 (f) OTHER MITIGATION LANDS.—The Secretary is

2 also authorized to outgrant by lease, easement, license, or

3 permit lands acquired for the Wildlife Mitigation Project

4 pursuant to section 601(a) of Public Law 99–662, in con5 sultation with Federal and State fish and wildlife agencies,

6 when such outgrants are necessary to address transpor7 tation, utility, and related activities. The Secretary shall

8 insure full mitigation for any wildlife habitat value lost

9 as a result of such sale or outgrant. Habitat value replace10 ment requirements shall be determined by the Secretary

11 in consultation with the appropriate fish and wildlife agen12 cies.

13 (g) REPEAL.—Section 102 of the Water Resources

14 Development Act of 1992 (106 Stat. 4804) is amended

15 by striking subsection (a).

16 SEC. 302. BOYDSVILLE, ARKANSAS.

17 The Secretary shall credit toward the non-Federal

18 share of the costs of the study to determine the feasibility

19 of the reservoir and associated improvements in the vicin20 ity of Boydsville, Arkansas, authorized by section 402 of

21 the Water Resources Development Act of 1999 (113 Stat.

22 322), not more than $250,000 of the costs of the relevant

23 planning and engineering investigations carried out by

24 State and local agencies, if the Secretary finds that the
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1 investigations are integral to the scope of the feasibility

2 study.

3 SEC. 303. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.

4 (a) IN GENERAL.—Subject to subsection (b), the

5 project for flood control, power generation, and other pur6 poses at the White River Basin, Arkansas and Missouri,

7 authorized by section 4 of the Act of June 28, 1938 (52

8 Stat. 1218, chapter 795), and modified by House Docu9 ment 917, 76th Congress, 3d Session, and House Docu10 ment 290, 77th Congress, 1st Session, approved August

11 18, 1941, and House Document 499, 83d Congress, 2d

12 Session, approved September 3, 1954, and by section 304

13 of the Water Resources Development Act of 1996 (110

14 Stat. 3711), is further modified to authorize the Secretary

15 to provide minimum flows necessary to sustain tail water

16 trout fisheries by reallocating the following recommended

17 amounts of project storage:

18 (1) Beaver Lake, 1.5 feet.

19 (2) Table Rock, 2 feet.

20 (3) Bull Shoals Lake, 5 feet.

21 (4) Norfolk Lake, 3.5 feet.

22 (5) Greers Ferry Lake, 3 feet.

23 (b) REPORT.—

24 (1) IN GENERAL.—No funds may be obligated

25 to carry out work on the modification under sub-
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1 section (a) until the Chief of Engineers, through

2 completion of a final report, determines that the

3 work is technically sound, environmentally accept4 able, and economically justified.

5 (2) TIMING.—Not later than January 1, 2002,

6 the Secretary shall submit to Congress the final re7 port referred to in paragraph (1).

8 (3) CONTENTS.—The report shall include deter9 minations concerning whether—

10 (A) the modification under subsection (a)

11 adversely affects other authorized project pur12 poses; and

13 (B) Federal costs will be incurred in con14 nection with the modification.

15 SEC. 304. PETALUMA, CALIFORNIA.

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

17 project for flood damage reduction, Petaluma River,

18 Petaluma, California, substantially in accordance with the

19 Detailed Project Report approved March 1995, at a total

20 cost of $32,226,000, with an estimated Federal cost of

21 $20,647,000 and an estimated non-Federal cost of

22 $11,579,000.

23 (b) IN-KIND SERVICES.—The non-Federal interest

24 may provide its share of project costs in cash or in the

25 form of in-kind services or materials.
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1 (c) CREDIT.—The non-Federal interest shall receive

2 credit toward the non-Federal share of project costs for

3 design and construction work carried out by the non-Fed4 eral interest before the date of modification of the existing

5 project cooperation agreement or execution of a new

6 project cooperation agreement, if the Secretary determines

7 that the work is integral to the project.

8 SEC. 305. GASPARILLA AND ESTERO ISLANDS, FLORIDA.

9 The project for shore protection, Gasparilla and

10 Estero Island segments, Lee County, Florida, authorized

11 under section 201 of the Flood Control Act of 1965 (79

12 Stat. 1073), by Senate Resolution dated December 17,

13 1970, and by House Resolution dated December 15, 1970,

14 is modified to authorize the Secretary to enter into an

15 agreement with the non-Federal interest to carry out the

16 project in accordance with section 206 of the Water Re17 sources Development Act of 1992 (33 U.S.C. 426i–1), if

18 the Secretary determines that the project is technically

19 sound, environmentally acceptable, and economically justi20 fied.

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

22 (a) DEFINITION OF ILLINOIS RIVER BASIN.—In this

23 section, the term ‘‘Illinois River basin’’ means the Illinois

24 River, Illinois, its backwaters, side channels, and all tribu-
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1 taries, including their watersheds, draining into the Illi2 nois River.

3 (b) COMPREHENSIVE PLAN.—

4 (1) DEVELOPMENT.—As expeditiously as prac5 ticable, the Secretary shall develop a proposed com6 prehensive plan for the purpose of restoring, pre7 serving, and protecting the Illinois River basin.

8 (2) TECHNOLOGIES AND INNOVATIVE AP9 PROACHES.—The comprehensive plan shall provide

10 for the development of new technologies and innova11 tive approaches—

12 (A) to enhance the Illinois River as a vital

13 transportation corridor;

14 (B) to improve water quality within the en15 tire Illinois River basin;

16 (C) to restore, enhance, and preserve habi17 tat for plants and wildlife; and

18 (D) to increase economic opportunity for

19 agriculture and business communities.

20 (3) SPECIFIC COMPONENTS.—The comprehen21 sive plan shall include such features as are necessary

22 to provide for—

23 (A) the development and implementation of

24 a program for sediment removal technology,
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1 sediment characterization, sediment transport,

2 and beneficial uses of sediment;

3 (B) the development and implementation

4 of a program for the planning, conservation,

5 evaluation, and construction of measures for

6 fish and wildlife habitat conservation and reha7 bilitation, and stabilization and enhancement of

8 land and water resources in the Illinois River

9 basin;

10 (C) the development and implementation of

11 a long-term resource monitoring program; and

12 (D) the development and implementation

13 of a computerized inventory and analysis sys14 tem.

15 (4) CONSULTATION.—The comprehensive plan

16 shall be developed by the Secretary in consultation

17 with appropriate Federal agencies and the State of

18 Illinois.

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

20 years after the date of enactment of this Act, the

21 Secretary shall submit to Congress a report con22 taining the comprehensive plan.

23 (6) ADDITIONAL STUDIES AND ANALYSES.—

24 After submission of the report under paragraph (5),

25 the Secretary shall continue to conduct such studies
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1 and analyses related to the comprehensive plan as

2 are necessary, consistent with this subsection.

3 (c) CRITICAL RESTORATION PROJECTS.—

4 (1) IN GENERAL.—If the Secretary, in coopera5 tion with appropriate Federal agencies and the State

6 of Illinois, determines that a restoration project for

7 the Illinois River basin will produce independent, im8 mediate, and substantial restoration, preservation,

9 and protection benefits, the Secretary shall proceed

10 expeditiously with the implementation of the project.

11 (2) AUTHORIZATION OF APPROPRIATIONS.—

12 There is authorized to be appropriated to carry out

13 projects under this subsection $20,000,000.

14 (3) FEDERAL SHARE.—The Federal share of

15 the cost of carrying out any project under this sub16 section shall not exceed $5,000,000.

17 (d) GENERAL PROVISIONS.—

18 (1) WATER QUALITY.—In carrying out projects

19 and activities under this section, the Secretary shall

20 take into account the protection of water quality by

21 considering applicable State water quality standards.

22 (2) PUBLIC PARTICIPATION.—In developing the

23 comprehensive plan under subsection (b) and car24 rying out projects under subsection (c), the Sec-
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1 retary shall implement procedures to facilitate public

2 participation, including—

3 (A) providing advance notice of meetings;

4 (B) providing adequate opportunity for

5 public input and comment;

6 (C) maintaining appropriate records; and

7 (D) making a record of the proceedings of

8 meetings available for public inspection.

9 (e) COORDINATION.—The Secretary shall integrate

10 and coordinate projects and activities carried out under

11 this section with ongoing Federal and State programs,

12 projects, and activities, including the following:

13 (1) Upper Mississippi River System-Environ14 mental Management Program authorized under sec15 tion 1103 of the Water Resources Development Act

16 of 1986 (33 U.S.C. 652).

17 (2) Upper Mississippi River Illinois Waterway

18 System Study.

19 (3) Kankakee River Basin General Investiga20 tion.

21 (4) Peoria Riverfront Development General In22 vestigation.

23 (5) Illinois River Ecosystem Restoration Gen24 eral Investigation.
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1 (6) Conservation reserve program and other

2 farm programs of the Department of Agriculture.

3 (7) Conservation Reserve Enhancement Pro4 gram (State) and Conservation 2000, Ecosystem

5 Program of the Illinois Department of Natural Re6 sources.

7 (8) Conservation 2000 Conservation Practices

8 Program and the Livestock Management Facilities

9 Act administered by the Department of Agriculture

10 of the State of Illinois.

11 (9) National Buffer Initiative of the Natural

12 Resources Conservation Service.

13 (10) Nonpoint source grant program adminis14 tered by the Environmental Protection Agency of the

15 State of Illinois.

16 (f) JUSTIFICATION.—

17 (1) IN GENERAL.—Notwithstanding section 209

18 of the Flood Control Act of 1970 (42 U.S.C. 1962–

19 2) or any other provision of law, in carrying out ac20 tivities to restore, preserve, and protect the Illinois

21 River basin under this section, the Secretary may

22 determine that the activities—

23 (A) are justified by the environmental ben24 efits derived by the Illinois River basin; and
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1 (B) shall not need further economic jus2 tification if the Secretary determines that the

3 activities are cost-effective.

4 (2) APPLICABILITY.—Paragraph (1) shall not

5 apply to any separable element intended to produce

6 benefits that are predominantly unrelated to the res7 toration, preservation, and protection of the Illinois

8 River basin.

9 (g) COST SHARING.—

10 (1) IN GENERAL.—The non-Federal share of

11 the cost of projects and activities carried out under

12 this section shall be 35 percent.

13 (2) OPERATION, MAINTENANCE, REHABILITA14 TION, AND REPLACEMENT.—The operation, mainte15 nance, rehabilitation, and replacement of projects

16 carried out under this section shall be a non-Federal

17 responsibility.

18 (3) IN-KIND SERVICES.—

19 (A) IN GENERAL.—The value of in-kind

20 services provided by the non-Federal interest

21 for a project or activity carried out under this

22 section may be credited toward not more than

23 80 percent of the non-Federal share of the cost

24 of the project or activity.
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1 (B) ITEMS INCLUDED.—In-kind services

2 shall include all State funds expended on pro3 grams and projects that accomplish the goals of

4 this section, as determined by the Secretary, in5 cluding the Illinois River Conservation Reserve

6 Program, the Illinois Conservation 2000 Pro7 gram, the Open Lands Trust Fund, and other

8 appropriate programs carried out in the Illinois

9 River basin.

10 (4) CREDIT.—

11 (A) VALUE OF LAND.—If the Secretary de12 termines that land or an interest in land ac13 quired by a non-Federal interest, regardless of

14 the date of acquisition, is integral to a project

15 or activity carried out under this section, the

16 Secretary may credit the value of the land or

17 interest in land toward the non-Federal share

18 of the cost of the project or activity, as deter19 mined by the Secretary.

20 (B) WORK.—If the Secretary determines

21 that any work completed by a non-Federal in22 terest, regardless of the date of completion, is

23 integral to a project or activity carried out

24 under this section, the Secretary may credit the

25 value of the work toward the non-Federal share
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1 of the cost of the project or activity, as deter2 mined by the Secretary.

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

4 ILLINOIS.

5 The Secretary shall credit toward the non-Federal

6 share of the costs of the study to determine the feasibility

7 of improvements to the upper Des Plaines River and tribu8 taries, phase 2, Illinois and Wisconsin, authorized by sec9 tion 419 of the Water Resources Development Act of 1999

10 (113 Stat. 324), the costs of work carried out by the non11 Federal interests in Lake County, Illinois, before the date

12 of execution of the feasibility study cost-sharing agree13 ment, if—

14 (1) the Secretary and the non-Federal interests

15 enter into a feasibility study cost-sharing agreement;

16 and

17 (2) the Secretary finds that the work is integral

18 to the scope of the feasibility study.

19 SEC. 308. ATCHAFALAYA BASIN, LOUISIANA.

20 (a) IN GENERAL.—Notwithstanding the Report of

21 the Chief of Engineers, dated February 28, 1983, for the

22 project for flood control, Atchafalaya Basin Floodway Sys23 tem, Louisiana, authorized by section 601(a) of the Water

24 Resources Development Act of 1986 (100 Stat. 4142),
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1 which report refers to recreational development in the

2 Lower Atchafalaya Basin Floodway, the Secretary—

3 (1) shall, in collaboration with the State of

4 Louisiana, initiate construction of the visitors cen5 ter, authorized as part of the project, at or near

6 Lake End Park in Morgan City, Louisiana; and

7 (2) shall construct other recreational features,

8 authorized as part of the project, within, and in the

9 vicinity of, the Lower Atchafalaya Basin protection

10 levees.

11 (b) AUTHORITIES.—The Secretary shall carry out

12 subsection (a) in accordance with—

13 (1) the feasibility study for the Atchafalaya

14 Basin Floodway System, Louisiana, dated January

15 1982; and

16 (2) the recreation cost-sharing requirements

17 under section 103(c) of the Water Resources Devel18 opment Act of 1986 (33 U.S.C. 2213(c)).

19 SEC. 309. RED RIVER WATERWAY, LOUISIANA.

20 The project for mitigation of fish and wildlife losses,

21 Red River Waterway, Louisiana, authorized by section

22 601(a) of the Water Resources Development Act of 1986

23 (100 Stat. 4142) and modified by section 4(h) of the

24 Water Resources Development Act of 1988 (102 Stat.

25 4016), section 102(p) of the Water Resources Develop-
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1 ment Act of 1990 (104 Stat. 4613), and section 301(b)(7)

2 of the Water Resources Development Act of 1996 (110

3 Stat. 3710), is further modified to authorize the purchase

4 of mitigation land from willing sellers in any of the par5 ishes that comprise the Red River Waterway District, con6 sisting of Avoyelles, Bossier, Caddo, Grant, Natchitoches,

7 Rapides, and Red River Parishes.

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

9 (a) REDESIGNATION.—The project for navigation,

10 Narraguagus River, Milbridge, Maine, authorized by sec11 tion 101 of the River and Harbor Act of 1962 (76 Stat.

12 1173), is modified to redesignate as anchorage the portion

13 of the 11-foot channel described as follows: beginning at

14 a point with coordinates N248,413.92, E668,000.24,

15 thence running south 20 degrees 09 minutes 57.8 seconds

16 east 1325.205 feet to a point N247,169.95, E668,457.09,

17 thence running north 51 degrees 30 minutes 05.7 seconds

18 west 562.33 feet to a point N247,520.00, E668,017.00,

19 thence running north 01 degrees 04 minutes 26.8 seconds

20 west 894.077 feet to the point of origin.

21 (b) REAUTHORIZATION.—The Secretary shall main22 tain as anchorage the portions of the project for naviga23 tion, Narraguagus River, Milbridge, Maine, authorized by

24 section 2 of the Act of June 14, 1880 (21 Stat. 195, chap25 ter 211), that lie adjacent to and outside the limits of the
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1 11-foot and 9-foot channels and that are described as fol2 lows:

3 (1) The area located east of the 11-foot channel

4 beginning at a point with coordinates N248,060.52,

5 E668,236.56, thence running south 36 degrees 20

6 minutes 52.3 seconds east 1567.242 feet to a point

7 N246,798.21, E669,165.44, thence running north

8 51 degrees 30 minutes 06.2 seconds west 839.855

9 feet to a point N247,321.01, E668,508.15, thence

10 running north 20 degrees 09 minutes 58.1 seconds

11 west 787.801 feet to the point of origin.

12 (2) The area located west of the 9-foot channel

13 beginning at a point with coordinates N249,673.29,

14 E667,537.73, thence running south 20 degrees 09

15 minutes 57.8 seconds east 1341.616 feet to a point

16 N248,413.92, E668,000.24, thence running south

17 01 degrees 04 minutes 26.8 seconds east 371.688

18 feet to a point N248,042.30, E668,007.21, thence

19 running north 22 degrees 21 minutes 20.8 seconds

20 west 474.096 feet to a point N248,480.76,

21 E667,826.88, thence running north 79 degrees 09

22 minutes 31.6 seconds east 100.872 feet to a point

23 N248,499.73, E667,925.95, thence running north

24 13 degrees 47 minutes 27.6 seconds west 95.126

25 feet to a point N248,592.12, E667,903.28, thence
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1 running south 79 degrees 09 minutes 31.6 seconds

2 west 115.330 feet to a point N248,570.42,

3 E667,790.01, thence running north 22 degrees 21

4 minutes 20.8 seconds west 816.885 feet to a point

5 N249,325.91, E667,479.30, thence running north

6 07 degrees 03 minutes 00.3 seconds west 305.680

7 feet to a point N249,629.28, E667,441.78, thence

8 running north 65 degrees 21 minutes 33.8 seconds

9 east 105.561 feet to the point of origin.

10 SEC. 311. WILLIAM JENNINGS RANDOLPH LAKE, MARY11 LAND.

12 The Secretary—

13 (1) may provide design and construction assist14 ance for recreational facilities in the State of Mary15 land at the William Jennings Randolph Lake

16 (Bloomington Dam), Maryland and West Virginia,

17 project authorized by section 203 of the Flood Con18 trol Act of 1962 (76 Stat. 1182); and

19 (2) shall require the non-Federal interest to

20 provide 50 percent of the costs of designing and con21 structing the recreational facilities.

22 SEC. 312. BRECKENRIDGE, MINNESOTA.

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

24 project for flood damage reduction, Breckenridge, Min25 nesota, substantially in accordance with the Detailed
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1 Project Report dated September 2000, at a total cost of

2 $21,000,000, with an estimated Federal cost of

3 $13,650,000 and an estimated non-Federal cost of

4 $7,350,000.

5 (b) IN-KIND SERVICES.—The non-Federal interest

6 may provide its share of project costs in cash or in the

7 form of in-kind services or materials.

8 (c) CREDIT.—The non-Federal interest shall receive

9 credit toward the non-Federal share of project costs for

10 design and construction work carried out by the non-Fed11 eral interest before the date of modification of the existing

12 project cooperation agreement or execution of a new

13 project cooperation agreement, if the Secretary determines

14 that the work is integral to the project.

15 SEC. 313. MISSOURI RIVER VALLEY, MISSOURI.

16 (a) SHORT TITLE.—This section may be cited as the

17 ‘‘Missouri River Valley Improvement Act’’.

18 (b) FINDINGS AND PURPOSES.—

19 (1) FINDINGS.—Congress finds that—

20 (A) Lewis and Clark were pioneering natu21 ralists that recorded dozens of species pre22 viously unknown to science while ascending the

23 Missouri River in 1804;

24 (B) the Missouri River, which is 2,321

miles long, drains 1 25 ⁄6 of the United States, is
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1 home to approximately 10,000,000 people in 10

2 States and 28 Native American tribes, and is a

3 resource of incalculable value to the United

4 States;

5 (C) the construction of dams, levees, and

6 river training structures in the past 150 years

7 has aided navigation, flood control, and water

8 supply along the Missouri River, but has re9 duced habitat for native river fish and wildlife;

10 (D) river organizations, including the Mis11 souri River Basin Association, support habitat

12 restoration, riverfront revitalization, and im13 proved operational flexibility so long as those

14 efforts do not significantly interfere with uses

15 of the Missouri River; and

16 (E) restoring a string of natural places by

17 the year 2004 would aid native river fish and

18 wildlife, reduce flood losses, enhance recreation

19 and tourism, and celebrate the bicentennial of

20 Lewis and Clark’s voyage.

21 (2) PURPOSES.—The purposes of this section

22 are—

23 (A) to protect, restore, and enhance the

24 fish, wildlife, and plants, and the associated
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1 habitats on which they depend, of the Missouri

2 River;

3 (B) to restore a string of natural places

4 that aid native river fish and wildlife, reduce

5 flood losses, and enhance recreation and tour6 ism;

7 (C) to revitalize historic riverfronts to im8 prove quality of life in riverside communities

9 and attract recreation and tourism;

10 (D) to monitor the health of the Missouri

11 River and measure biological, chemical, geologi12 cal, and hydrological responses to changes in

13 Missouri River management;

14 (E) to allow the Corps of Engineers in15 creased authority to restore and protect fish

16 and wildlife habitat on the Missouri River;

17 (F) to protect and replenish cottonwoods,

18 and their associated riparian woodland commu19 nities, along the upper Missouri River; and

20 (G) to educate the public about the eco21 nomic, environmental, and cultural importance

22 of the Missouri River and the scientific and cul23 tural discoveries of Lewis and Clark.

24 (c) DEFINITION OF MISSOURI RIVER.—In this sec25 tion, the term ‘‘Missouri River’’ means the Missouri River
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1 and the adjacent floodplain that extends from the mouth

2 of the Missouri River (RM 0) to the confluence of the Jef3 ferson, Madison, and Gallatin Rivers (RM 2341) in the

4 State of Montana.

5 (d) AUTHORITY TO PROTECT, ENHANCE, AND RE6 STORE FISH AND WILDLIFE HABITAT.—Section 9(b) of

7 the Act of December 22, 1944 (58 Stat. 891, chapter

8 665), is amended—

9 (1) by striking ‘‘(b) The general’’ and inserting

10 the following:

11 ‘‘(b) COMPREHENSIVE PLAN.—

12 ‘‘(1) IN GENERAL.—The general’’;

13 (2) by striking ‘‘paragraph’’ and inserting ‘‘sub14 section’’; and

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

16 ‘‘(2) FISH AND WILDLIFE HABITAT.—In addi17 tion to carrying out the duties under the comprehen18 sive plan described in paragraph (1), the Chief of

19 Engineers shall protect, enhance, and restore fish

20 and wildlife habitat on the Missouri River to the ex21 tent consistent with other authorized project pur22 poses.’’.

23 (e) INTEGRATION OF ACTIVITIES.—

24 (1) IN GENERAL.—In carrying out this section

25 and in accordance with paragraph (2), the Secretary
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1 shall provide for such activities as are necessary to

2 protect and enhance fish and wildlife habitat without

3 adversely affecting—

4 (A) the water-related needs of the Missouri

5 River basin, including flood control, navigation,

6 hydropower, water supply, and recreation; and

7 (B) private property rights.

8 (2) NEW AUTHORITY.—Nothing in this section

9 confers any new regulatory authority on any Federal

10 or non-Federal entity that carries out any activity

11 under this section.

12 (f) MISSOURI RIVER MITIGATION PROJECT.—The

13 matter under the heading ‘‘MISSOURI RIVER MITIGATION,

14 MISSOURI, KANSAS, IOWA, AND NEBRASKA’’ of section

15 601(a) of the Water Resources Development Act of 1986

16 (100 Stat. 4143) is amended by adding at the end the

17 following: ‘‘There is authorized to be appropriated to carry

18 out this paragraph $20,000,000 for each of fiscal years

19 2001 through 2010, contingent on the completion by De20 cember 31, 2000, of the study under this heading.’’.

21 (g) UPPER MISSOURI RIVER AQUATIC AND RIPARIAN

22 HABITAT MITIGATION PROGRAM.—

23 (1) IN GENERAL.—

24 (A) STUDY.—Not later than 2 years after

25 the date of enactment of this Act, the Sec-
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1 retary, through an interagency agreement with

2 the Director of the United States Fish and

3 Wildlife Service and in accordance with the

4 Fish and Wildlife Conservation Act of 1980 (16

5 U.S.C. 2901 et seq.), shall complete a study

6 that—

7 (i) analyzes any adverse effects on

8 aquatic and riparian-dependent fish and

9 wildlife resulting from the operation of the

10 Missouri River Mainstem Reservoir Project

11 in the States of Nebraska, South Dakota,

12 North Dakota, and Montana;

13 (ii) recommends measures appropriate

14 to mitigate the adverse effects described in

15 clause (i); and

16 (iii) develops baseline geologic and hy17 drologic data relating to aquatic and ripar18 ian habitat.

19 (B) REPORT.—Not later than 2 years after

20 the date of enactment of this Act, the Secretary

21 shall submit to Congress a report describing the

22 results of the study under subparagraph (A).

23 (2) PILOT PROGRAM.—The Secretary, in con24 sultation with the Director of the United States Fish

25 and Wildlife Service and the affected State fish and
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1 wildlife agencies, shall develop and administer a pilot

2 mitigation program that—

3 (A) involves the experimental releases of

4 warm water from the spillways at Fort Peck

5 Dam during the appropriate spawning periods

6 for native fish;

7 (B) involves the monitoring of the response

8 of fish to and the effectiveness of the preserva9 tion of native fish and wildlife habitat of the re10 leases described in subparagraph (A); and

11 (C) shall not adversely impact a use of the

12 reservoir existing on the date on which the pilot

13 program is implemented.

14 (3) RESERVOIR FISH LOSS STUDY.—

15 (A) IN GENERAL.—Not later than 2 years

16 after the date of enactment of this Act, the Sec17 retary, in consultation with the North Dakota

18 Game and Fish Department and the South Da19 kota Department of Game, Fish and Parks,

20 shall complete a study to analyze and rec21 ommend measures to avoid or reduce the loss of

22 fish, including rainbow smelt, through Garrison

23 Dam in North Dakota and Oahe Dam in South

24 Dakota.
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1 (B) REPORT.—Not later than 2 years after

2 the date of enactment of this Act, the Secretary

3 shall submit to Congress a report describing the

4 results of the study under subparagraph (A).

5 (4) AUTHORIZATION OF APPROPRIATIONS.—

6 There are authorized to be appropriated to the

7 Secretary—

8 (A) to complete the study required under

9 paragraph (3), $200,000; and

10 (B) to carry out the other provisions of

11 this subsection, $1,000,000 for each of fiscal

12 years 2001 through 2010.

13 (h) MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN14 HANCEMENT PROJECT.—Section 514 of the Water Re15 sources Development Act of 1999 (113 Stat. 342) is

16 amended by striking subsection (g) and inserting the fol17 lowing:

18 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

19 is authorized to be appropriated to pay the Federal share

20 of the cost of carrying out activities under this section

21 $5,000,000 for each of fiscal years 2001 through 2004.’’.

22 SEC. 314. NEW MADRID COUNTY, MISSOURI.

23 (a) IN GENERAL.—The project for navigation, New

24 Madrid County Harbor, New Madrid County, Missouri,

25 authorized under section 107 of the River and Harbor Act
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1 of 1960 (33 U.S.C. 577), is authorized as described in

2 the feasibility report for the project, including both phase

3 1 and phase 2 of the project.

4 (b) CREDIT.—

5 (1) IN GENERAL.—The Secretary shall provide

6 credit to the non-Federal interests for the costs in7 curred by the non-Federal interests in carrying out

8 construction work for phase 1 of the project, if the

9 Secretary finds that the construction work is inte10 gral to phase 2 of the project.

11 (2) MAXIMUM AMOUNT OF CREDIT.—The

12 amount of the credit under paragraph (1) shall not

13 exceed the required non-Federal share for the

14 project.

15 SEC. 315. PEMISCOT COUNTY HARBOR, MISSOURI.

16 (a) CREDIT.—With respect to the project for naviga17 tion, Pemiscot County Harbor, Missouri, authorized under

18 section 107 of the River and Harbor Act of 1960 (33

19 U.S.C. 577), the Secretary shall provide credit to the

20 Pemiscot County Port Authority, or an agent of the au21 thority, for the costs incurred by the Authority or agent

22 in carrying out construction work for the project after De23 cember 31, 1997, if the Secretary finds that the construc24 tion work is integral to the project.
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1 (b) MAXIMUM AMOUNT OF CREDIT.—The amount of

2 the credit under subsection (a) shall not exceed the re3 quired non-Federal share for the project, estimated as of

4 the date of enactment of this Act to be $222,000.

5 SEC. 316. PIKE COUNTY, MISSOURI.

6 (a) IN GENERAL.—Subject to subsections (c) and (d),

7 at such time as S.S.S., Inc. conveys all right, title, and

8 interest in and to the parcel of land described in sub9 section (b)(1) to the United States, the Secretary shall

10 convey all right, title, and interest of the United States

11 in and to the parcel of land described in subsection (b)(2)

12 to S.S.S., Inc.

13 (b) LAND DESCRIPTION.—The parcels of land re14 ferred to in subsection (a) are the following:

15 (1) NON-FEDERAL LAND.—8.99 acres with ex16 isting flowage easements, located in Pike County,

17 Missouri, adjacent to land being acquired from

18 Holnam, Inc. by the Corps of Engineers.

19 (2) FEDERAL LAND.—8.99 acres located in

20 Pike County, Missouri, known as ‘‘Government

21 Tract Numbers FM–46 and FM–47’’, administered

22 by the Corps of Engineers.

23 (c) CONDITIONS.—The land exchange under sub24 section (a) shall be subject to the following conditions:

25 (1) DEEDS.—
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1 (A) NON-FEDERAL LAND.—The convey2 ance of the parcel of land described in sub3 section (b)(1) to the Secretary shall be by a

4 warranty deed acceptable to the Secretary.

5 (B) FEDERAL LAND.—The instrument of

6 conveyance used to convey the parcel of land

7 described in subsection (b)(2) to S.S.S., Inc.

8 shall contain such reservations, terms, and con9 ditions as the Secretary considers necessary to

10 allow the United States to operate and main11 tain the Mississippi River 9-Foot Navigation

12 Project.

13 (2) REMOVAL OF IMPROVEMENTS.—

14 (A) IN GENERAL.—S.S.S., Inc. may re15 move, and the Secretary may require S.S.S.,

16 Inc. to remove, any improvements on the parcel

17 of land described in subsection (b)(1).

18 (B) NO LIABILITY.—If S.S.S., Inc., volun19 tarily or under direction from the Secretary, re20 moves an improvement on the parcel of land de21 scribed in subsection (b)(1)—

22 (i) S.S.S., Inc. shall have no claim

23 against the United States for liability; and
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1 (ii) the United States shall not incur

2 or be liable for any cost associated with the

3 removal or relocation of the improvement.

4 (3) TIME LIMIT FOR LAND EXCHANGE.—Not

5 later than 2 years after the date of enactment of

6 this Act, the land exchange under subsection (a)

7 shall be completed.

8 (4) LEGAL DESCRIPTION.—The Secretary shall

9 provide legal descriptions of the parcels of land de10 scribed in subsection (b), which shall be used in the

11 instruments of conveyance of the parcels.

12 (5) ADMINISTRATIVE COSTS.—The Secretary

13 shall require S.S.S., Inc. to pay reasonable adminis14 trative costs associated with the land exchange

15 under subsection (a).

16 (d) VALUE OF PROPERTIES.—If the appraised fair

17 market value, as determined by the Secretary, of the par18 cel of land conveyed to S.S.S., Inc. by the Secretary under

19 subsection (a) exceeds the appraised fair market value, as

20 determined by the Secretary, of the parcel of land con21 veyed to the United States by S.S.S., Inc. under that sub22 section, S.S.S., Inc. shall pay to the United States, in cash

23 or a cash equivalent, an amount equal to the difference

24 between the 2 values.
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1 SEC. 317. FORT PECK FISH HATCHERY, MONTANA.

2 (a) FINDINGS.—Congress finds that—

3 (1) Fort Peck Lake, Montana, is in need of a

4 multispecies fish hatchery;

5 (2) the burden of carrying out efforts to raise

6 and stock fish species in Fort Peck Lake has been

7 disproportionately borne by the State of Montana

8 despite the existence of a Federal project at Fort

9 Peck Lake;

10 (3)(A) as of the date of enactment of this Act,

11 eastern Montana has only 1 warm water fish hatch12 ery, which is inadequate to meet the demands of the

13 region; and

14 (B) a disease or infrastructure failure at that

15 hatchery could imperil fish populations throughout

16 the region;

17 (4) although the multipurpose project at Fort

18 Peck, Montana, authorized by the first section of the

19 Act of August 30, 1935 (49 Stat. 1034, chapter

20 831), was intended to include irrigation projects and

21 other activities designed to promote economic

22 growth, many of those projects were never com23 pleted, to the detriment of the local communities

24 flooded by the Fort Peck Dam;

25 (5) the process of developing an environmental

26 impact statement for the update of the Corps of En-
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1 gineers Master Manual for the operation of the Mis2 souri River recognized the need for greater support

3 of recreation activities and other authorized pur4 poses of the Fort Peck project;

5 (6)(A) although fish stocking is included among

6 the authorized purposes of the Fort Peck project,

7 the State of Montana has funded the stocking of

8 Fort Peck Lake since 1947; and

9 (B) the obligation to fund the stocking con10 stitutes an undue burden on the State; and

11 (7) a viable multispecies fishery would spur eco12 nomic development in the region.

13 (b) PURPOSES.—The purposes of this section are—

14 (1) to authorize and provide funding for the de15 sign and construction of a multispecies fish hatchery

16 at Fort Peck Lake, Montana; and

17 (2) to ensure stable operation and maintenance

18 of the fish hatchery.

19 (c) DEFINITIONS.—In this section:

20 (1) FORT PECK LAKE.—The term ‘‘Fort Peck

21 Lake’’ means the reservoir created by the damming

22 of the upper Missouri River in northeastern Mon23 tana.
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1 (2) HATCHERY PROJECT.—The term ‘‘hatchery

2 project’’ means the project authorized by subsection

3 (d).

4 (d) AUTHORIZATION.—The Secretary shall carry out

5 a project at Fort Peck Lake, Montana, for the design and

6 construction of a fish hatchery and such associated facili7 ties as are necessary to sustain a multispecies fishery.

8 (e) COST SHARING.—

9 (1) DESIGN AND CONSTRUCTION.—

10 (A) FEDERAL SHARE.—The Federal share

11 of the costs of design and construction of the

12 hatchery project shall be 75 percent.

13 (B) FORM OF NON-FEDERAL SHARE.—

14 (i) IN GENERAL.—The non-Federal

15 share of the costs of the hatchery project

16 may be provided in the form of cash or in

17 the form of land, easements, rights-of-way,

18 services, roads, or any other form of in19 kind contribution determined by the Sec20 retary to be appropriate.

21 (ii) REQUIRED CREDITING.—The Sec22 retary shall credit toward the non-Federal

23 share of the costs of the hatchery project—

24 (I) the costs to the State of Mon25 tana of stocking Fort Peck Lake dur-
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1 ing the period beginning January 1,

2 1947; and

3 (II) the costs to the State of

4 Montana and the counties having ju5 risdiction over land surrounding Fort

6 Peck Lake of construction of local ac7 cess roads to the lake.

8 (2) OPERATION, MAINTENANCE, REPAIR, AND

9 REPLACEMENT.—

10 (A) IN GENERAL.—Except as provided in

11 subparagraphs (B) and (C), the operation,

12 maintenance, repair, and replacement of the

13 hatchery project shall be a non-Federal respon14 sibility.

15 (B) COSTS ASSOCIATED WITH THREAT16 ENED AND ENDANGERED SPECIES.—The costs

17 of operation and maintenance associated with

18 raising threatened or endangered species shall

19 be a Federal responsibility.

20 (C) POWER.—The Secretary shall offer to

21 the hatchery project low-cost project power for

22 all hatchery operations.

23 (f) AUTHORIZATION OF APPROPRIATIONS.—

24 (1) IN GENERAL.—There are authorized to be

25 appropriated to carry out this section—
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1 (A) $20,000,000; and

2 (B) such sums as are necessary to carry

3 out subsection (e)(2)(B).

4 (2) AVAILABILITY OF FUNDS.—Sums made

5 available under paragraph (1) shall remain available

6 until expended.

7 SEC. 318. SAGAMORE CREEK, NEW HAMPSHIRE.

8 The Secretary shall carry out maintenance dredging

9 of the Sagamore Creek Channel, New Hampshire.

10 SEC. 319. PASSAIC RIVER BASIN FLOOD MANAGEMENT,

11 NEW JERSEY.

12 (a) IN GENERAL.—The project for flood control, Pas13 saic River, New Jersey and New York, authorized by sec14 tion 101(a)(18) of the Water Resources Development Act

15 of 1990 (104 Stat. 4607), is modified to emphasize non16 structural approaches for flood control as alternatives to

17 the construction of the Passaic River tunnel element, while

18 maintaining the integrity of other separable mainstream

19 project elements, wetland banks, and other independent

20 projects that were authorized to be carried out in the Pas21 saic River Basin before the date of enactment of this Act.

22 (b) REEVALUATION OF FLOODWAY STUDY.—The

23 Secretary shall review the Passaic River Floodway Buyout

24 Study, dated October 1995, to calculate the benefits of

25 a buyout and environmental restoration using the method
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1 used to calculate the benefits of structural projects under

2 section 308(b) of the Water Resources Development Act

3 of 1990 (33 U.S.C. 2318(b)).

4 (c) REEVALUATION OF 10-YEAR FLOODPLAIN

5 STUDY.—The Secretary shall review the Passaic River

6 Buyout Study of the 10-year floodplain beyond the

7 floodway of the Central Passaic River Basin, dated Sep8 tember 1995, to calculate the benefits of a buyout and

9 environmental restoration using the method used to cal10 culate the benefits of structural projects under section

11 308(b) of the Water Resources Development Act of 1990

12 (33 U.S.C. 2318(b)).

13 (d) PRESERVATION OF NATURAL STORAGE AREAS.—

14 (1) IN GENERAL.—The Secretary shall reevalu15 ate the acquisition, from willing sellers, for flood

16 protection purposes, of wetlands in the Central Pas17 saic River Basin to supplement the wetland acquisi18 tion authorized by section 101(a)(18)(C)(vi) of the

19 Water Resources Development Act of 1990 (104

20 Stat. 4609).

21 (2) PURCHASE.—If the Secretary determines

22 that the acquisition of wetlands evaluated under

23 paragraph (1) is economically justified, the Sec24 retary shall purchase the wetlands, with the goal of

25 purchasing not more than 8,200 acres.
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1 (e) STREAMBANK EROSION CONTROL STUDY.—The

2 Secretary shall review relevant reports and conduct a

3 study to determine the feasibility of carrying out a project

4 for environmental restoration, erosion control, and

5 streambank restoration along the Passaic River, from

6 Dundee Dam to Kearny Point, New Jersey.

7 (f) PASSAIC RIVER FLOOD MANAGEMENT TASK

8 FORCE.—

9 (1) ESTABLISHMENT.—The Secretary, in co10 operation with the non-Federal interest, shall estab11 lish a task force, to be known as the ‘‘Passaic River

12 Flood Management Task Force’’, to provide advice

13 to the Secretary concerning all aspects of the Pas14 saic River flood management project.

15 (2) MEMBERSHIP.—The task force shall be

16 composed of 20 members, appointed as follows:

17 (A) APPOINTMENT BY SECRETARY.—The

18 Secretary shall appoint 1 member to represent

19 the Corps of Engineers and to provide technical

20 advice to the task force.

21 (B) APPOINTMENTS BY GOVERNOR OF

22 NEW JERSEY.—The Governor of New Jersey

23 shall appoint 18 members to the task force, as

24 follows:
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1 (i) 2 representatives of the New Jer2 sey legislature who are members of dif3 ferent political parties.

4 (ii) 1 representative of the State of

5 New Jersey.

6 (iii) 1 representative of each of Ber7 gen, Essex, Morris, and Passaic Counties,

8 New Jersey.

9 (iv) 6 representatives of governments

10 of municipalities affected by flooding with11 in the Passaic River Basin.

12 (v) 1 representative of the Palisades

13 Interstate Park Commission.

14 (vi) 1 representative of the North Jer15 sey District Water Supply Commission.

16 (vii) 1 representative of each of—

17 (I) the Association of New Jersey

18 Environmental Commissions;

19 (II) the Passaic River Coalition;

20 and

21 (III) the Sierra Club.

22 (C) APPOINTMENT BY GOVERNOR OF NEW

23 YORK.—The Governor of New York shall ap24 point 1 representative of the State of New York

25 to the task force.
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1 (3) MEETINGS.—

2 (A) REGULAR MEETINGS.—The task force

3 shall hold regular meetings.

4 (B) OPEN MEETINGS.—The meetings of

5 the task force shall be open to the public.

6 (4) ANNUAL REPORT.—The task force shall

7 submit annually to the Secretary and to the non8 Federal interest a report describing the achieve9 ments of the Passaic River flood management

10 project in preventing flooding and any impediments

11 to completion of the project.

12 (5) EXPENDITURE OF FUNDS.—The Secretary

13 may use funds made available to carry out the Pas14 saic River Basin flood management project to pay

15 the administrative expenses of the task force.

16 (6) TERMINATION.—The task force shall termi17 nate on the date on which the Passaic River flood

18 management project is completed.

19 (g) ACQUISITION OF LANDS IN THE FLOODWAY.—

20 Section 1148 of the Water Resources Development Act of

21 1986 (100 Stat. 4254; 110 Stat. 3718), is amended by

22 adding at the end the following:

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

24 PROGRAM.—The Secretary shall carry out this section in
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1 a manner that is consistent with the Blue Acres Program

2 of the State of New Jersey.’’.

3 (h) STUDY OF HIGHLANDS LAND CONSERVATION.—

4 The Secretary, in cooperation with the Secretary of Agri5 culture and the State of New Jersey, may study the feasi6 bility of conserving land in the Highlands region of New

7 Jersey and New York to provide additional flood protec8 tion for residents of the Passaic River Basin in accordance

9 with section 212 of the Water Resources Development Act

10 of 1999 (33 U.S.C. 2332).

11 (i) RESTRICTION ON USE OF FUNDS.—The Secretary

12 shall not obligate any funds to carry out design or con13 struction of the tunnel element of the Passaic River flood

14 control project, as authorized by section 101(a)(18)(A) of

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

16 4607).

17 (j) CONFORMING AMENDMENT.—Section 101(a)(18)

18 of the Water Resources Development Act of 1990 (104

19 Stat. 4607) is amended in the paragraph heading by strik20 ing ‘‘MAIN STEM,’’ and inserting ‘‘FLOOD MANAGEMENT

21 PROJECT,’’.

22 SEC. 320. ROCKAWAY INLET TO NORTON POINT, NEW YORK.

23 (a) IN GENERAL.—The project for shoreline protec24 tion, Atlantic Coast of New York City from Rockaway

25 Inlet to Norton Point (Coney Island Area), New York, au-
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1 thorized by section 501(a) of the Water Resources Devel2 opment Act of 1986 (100 Stat. 4135) is modified to au3 thorize the Secretary to construct T-groins to improve

4 sand retention down drift of the West 37th Street groin,

5 in the Sea Gate area of Coney Island, New York, as identi6 fied in the March 1998 report prepared for the Corps of

7 Engineers, entitled ‘‘Field Data Gathering Project Per8 formance Analysis and Design Alternative Solutions to

9 Improve Sandfill Retention’’, at a total cost of $9,000,000,

10 with an estimated Federal cost of $5,850,000 and an esti11 mated non-Federal cost of $3,150,000.

12 (b) COST SHARING.—The non-Federal share of the

13 costs of constructing the T-groins under subsection (a)

14 shall be 35 percent.

15 SEC. 321. JOHN DAY POOL, OREGON AND WASHINGTON.

16 (a) EXTINGUISHMENT OF REVERSIONARY INTER17 ESTS AND USE RESTRICTIONS.—With respect to the land

18 described in each deed specified in subsection (b)—

19 (1) the reversionary interests and the use re20 strictions relating to port or industrial purposes are

21 extinguished;

22 (2) the human habitation or other building

23 structure use restriction is extinguished in each area

24 where the elevation is above the standard project

25 flood elevation; and
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1 (3) the use of fill material to raise low areas

2 above the standard project flood elevation is author3 ized, except in any low area constituting wetland for

4 which a permit under section 404 of the Federal

5 Water Pollution Control Act (33 U.S.C. 1344) would

6 be required.

7 (b) AFFECTED DEEDS.—Subsection (a) applies to

8 deeds with the following county auditors’ numbers:

9 (1) Auditor’s Microfilm Numbers 229 and

10 16226 of Morrow County, Oregon, executed by the

11 United States.

12 (2) The portion of the land conveyed in a deed

13 executed by the United States and bearing Benton

14 County, Washington, Auditor’s File Number

15 601766, described as a tract of land lying in sec. 7,

16 T. 5 N., R. 28 E., Willamette meridian, Benton

17 County, Washington, being more particularly de18 scribed by the following boundaries:

19 (A) Commencing at the point of intersec20 tion of the centerlines of Plymouth Street and

21 Third Avenue in the First Addition to the Town

22 of Plymouth (according to the duly recorded

23 plat thereof).

24 (B) Thence west along the centerline of

25 Third Avenue, a distance of 565 feet.
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1 (C) Thence south 54° 10’ west, to a point

2 on the west line of Tract 18 of that Addition

3 and the true point of beginning.

4 (D) Thence north, parallel with the west

5 line of that sec. 7, to a point on the north line

6 of that sec. 7.

7 (E) Thence west along the north line

8 thereof to the northwest corner of that sec. 7.

9 (F) Thence south along the west line of

10 that sec. 7 to a point on the ordinary high

11 water line of the Columbia River.

12 (G) Thence northeast along that high

13 water line to a point on the north and south co14 ordinate line of the Oregon Coordinate System,

15 North Zone, that coordinate line being east

16 2,291,000 feet.

17 (H) Thence north along that line to a

18 point on the south line of First Avenue of that

19 Addition.

20 (I) Thence west along First Avenue to a

21 point on the southerly extension of the west line

22 of T. 18.

23 (J) Thence north along that west line of T.

24 18 to the point of beginning.
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1 SEC. 322. FOX POINT HURRICANE BARRIER, PROVIDENCE,

2 RHODE ISLAND.

3 Section 352 of the Water Resources Development Act

4 of 1999 (113 Stat. 310) is amended—

5 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

6 ‘‘The’’; and

7 (2) by adding at the end the following:

8 ‘‘(b) CREDIT TOWARD NON-FEDERAL SHARE.—The

9 non-Federal interest shall receive credit toward the non10 Federal share of project costs, or reimbursement, for the

11 Federal share of the costs of repairs authorized under sub12 section (a) that are incurred by the non-Federal interest

13 before the date of execution of the project cooperation

14 agreement.’’.

15 SEC. 323. CHARLESTON HARBOR, SOUTH CAROLINA.

16 (a) ESTUARY RESTORATION.—

17 (1) SUPPORT PLAN.—

18 (A) IN GENERAL.—Not later than 1 year

19 after the date of enactment of this Act, the Sec20 retary shall develop a plan for activities of the

21 Corps of Engineers to support the restoration

22 of the ecosystem of the Charleston Harbor estu23 ary, South Carolina.

24 (B) COOPERATION.—The Secretary shall

25 develop the plan in cooperation with—

26 (i) the State of South Carolina; and
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1 (ii) other affected Federal and non2 Federal interests.

3 (2) PROJECTS.—The Secretary shall plan, de4 sign, and construct projects to support the restora5 tion of the ecosystem of the Charleston Harbor estu6 ary.

7 (3) EVALUATION PROGRAM.—

8 (A) IN GENERAL.—The Secretary shall de9 velop a program to evaluate the success of the

10 projects carried out under paragraph (2) in

11 meeting ecosystem restoration goals.

12 (B) STUDIES.—Evaluations under sub13 paragraph (A) shall be conducted in consulta14 tion with the appropriate Federal, State, and

15 local agencies.

16 (b) COST SHARING.—

17 (1) DEVELOPMENT OF PLAN.—The Federal

18 share of the cost of development of the plan under

19 subsection (a)(1) shall be 65 percent.

20 (2) PROJECT PLANNING, DESIGN, CONSTRUC21 TION, AND EVALUATION.—The Federal share of the

22 cost of planning, design, construction, and evalua23 tion of a project under paragraphs (2) and (3) of

24 subsection (a) shall be 65 percent.

25 (3) NON-FEDERAL SHARE.—
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1 (A) CREDIT FOR LAND, EASEMENTS, AND

2 RIGHTS-OF-WAY.—The non-Federal interest

3 shall receive credit for the value of any land,

4 easement, right-of-way, relocation, or dredged

5 material disposal area provided for carrying out

6 a project under subsection (a)(2).

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

8 provide up to 50 percent of the non-Federal

9 share in the form of services, materials, sup10 plies, or other in-kind contributions.

11 (4) OPERATION AND MAINTENANCE.—The op12 eration, maintenance, repair, rehabilitation, and re13 placement of projects carried out under this section

14 shall be a non-Federal responsibility.

15 (5) NON-FEDERAL INTERESTS.—Notwith16 standing section 221 of the Flood Control Act of

17 1970 (42 U.S.C. 1962d–5b), for any project carried

18 out under this section, a non-Federal interest may

19 include a private interest and a nonprofit entity.

20 (c) AUTHORIZATION OF APPROPRIATIONS.—

21 (1) DEVELOPMENT OF PLAN.—There is author22 ized to be appropriated to carry out subsection

23 (a)(1) $300,000.

24 (2) OTHER ACTIVITIES.—There is authorized to

25 be appropriated to carry out paragraphs (2) and (3)
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1 of subsection (a) $5,000,000 for each of fiscal years

2 2001 through 2004.

3 SEC. 324. SAVANNAH RIVER, SOUTH CAROLINA.

4 (a) DEFINITION OF NEW SAVANNAH BLUFF LOCK

5 AND DAM.—In this section, the term ‘‘New Savannah

6 Bluff Lock and Dam’’ means—

7 (1) the lock and dam at New Savannah Bluff,

8 Savannah River, Georgia and South Carolina; and

9 (2) the appurtenant features to the lock and

10 dam, including—

11 (A) the adjacent approximately 50-acre

12 park and recreation area with improvements

13 made under the project for navigation, Savan14 nah River below Augusta, Georgia, authorized

15 by the first section of the Act of July 3, 1930

16 (46 Stat. 924, chapter 847) and the first sec17 tion of the Act of August 30, 1935 (49 Stat.

18 1032, chapter 831); and

19 (B) other land that is part of the project

20 and that the Secretary determines to be appro21 priate for conveyance under this section.

22 (b) REPAIR AND CONVEYANCE.—After execution of

23 an agreement between the Secretary and the city of North

24 Augusta and Aiken County, South Carolina, the

25 Secretary—
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1 (1) shall repair and rehabilitate the New Savan2 nah Bluff Lock and Dam, at full Federal expense

3 estimated at $5,300,000; and

4 (2) after repair and rehabilitation, may convey

5 the New Savannah Bluff Lock and Dam, without

6 consideration, to the city of North Augusta and

7 Aiken County, South Carolina.

8 (c) TREATMENT OF NEW SAVANNAH BLUFF LOCK

9 AND DAM.—The New Savannah Bluff Lock and Dam

10 shall not be considered to be part of any Federal project

11 after the conveyance under subsection (b).

12 (d) OPERATION AND MAINTENANCE.—

13 (1) BEFORE CONVEYANCE.—Before the convey14 ance under subsection (b), the Secretary shall con15 tinue to operate and maintain the New Savannah

16 Bluff Lock and Dam.

17 (2) AFTER CONVEYANCE.—After the convey18 ance under subsection (b), operation and mainte19 nance of all features of the project for navigation,

20 Savannah River below Augusta, Georgia, described

21 in subsection (a)(2)(A), other than the New Savan22 nah Bluff Lock and Dam, shall continue to be a

23 Federal responsibility.
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1 SEC. 325. HOUSTON-GALVESTON NAVIGATION CHANNELS,

2 TEXAS.

3 (a) IN GENERAL.—Subject to the completion, not

4 later than December 31, 2000, of a favorable report by

5 the Chief of Engineers, the project for navigation and en6 vironmental restoration, Houston-Galveston Navigation

7 Channels, Texas, authorized by section 101(a)(30) of the

8 Water Resources Development Act of 1996 (110 Stat.

9 3666), is modified to authorize the Secretary to design

10 and construct barge lanes adjacent to both sides of the

11 Houston Ship Channel from Redfish Reef to Morgan

12 Point, a distance of approximately 15 miles, to a depth

13 of 12 feet, at a total cost of $34,000,000, with an esti14 mated Federal cost of $30,600,000 and an estimated non15 Federal cost of $3,400,000.

16 (b) COST SHARING.—The non-Federal interest shall

17 pay a portion of the costs of construction of the barge

18 lanes under subsection (a) in accordance with section 101

19 of the Water Resources Development Act of 1986 (33

20 U.S.C. 2211).

21 (c) FEDERAL INTEREST.—If the modification under

22 subsection (a) is in compliance with all applicable environ23 mental requirements, the modification shall be considered

24 to be in the Federal interest.
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1 (d) NO AUTHORIZATION OF MAINTENANCE.—No

2 maintenance is authorized to be carried out for the modi3 fication under subsection (a).

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

5 (a) IN GENERAL.—The Secretary shall enter into an

6 agreement with the city of Grand Prairie, Texas, under

7 which the city agrees to assume all responsibilities of the

8 Trinity River Authority of the State of Texas under Con9 tract No. DACW63–76–C–0166, other than financial re10 sponsibilities, except the responsibility described in sub11 section (d).

12 (b) RESPONSIBILITIES OF TRINITY RIVER AUTHOR13 ITY.—The Trinity River Authority shall be relieved of all

14 financial responsibilities under the contract described in

15 subsection (a) as of the date on which the Secretary enters

16 into the agreement with the city under that subsection.

17 (c) PAYMENTS BY CITY.—In consideration of the

18 agreement entered into under subsection (a), the city shall

19 pay the Federal Government $4,290,000 in 2

20 installments—

21 (1) 1 installment in the amount of $2,150,000,

22 which shall be due and payable not later than De23 cember 1, 2000; and
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1 (2) 1 installment in the amount of $2,140,000,

2 which shall be due and payable not later than De3 cember 1, 2003.

4 (d) OPERATION AND MAINTENANCE COSTS.—The

5 agreement entered into under subsection (a) shall include

6 a provision requiring the city to assume responsibility for

7 all costs associated with operation and maintenance of the

8 recreation facilities included in the contract described in

9 that subsection.

10 SEC. 327. LAKE CHAMPLAIN WATERSHED, VERMONT AND

11 NEW YORK.

12 (a) DEFINITIONS.—In this section:

13 (1) CRITICAL RESTORATION PROJECT.—The

14 term ‘‘critical restoration project’’ means a project

15 that will produce, consistent with Federal programs,

16 projects, and activities, immediate and substantial

17 ecosystem restoration, preservation, and protection

18 benefits.

19 (2) LAKE CHAMPLAIN WATERSHED.—The term

20 ‘‘Lake Champlain watershed’’ means—

21 (A) the land areas within Addison,

22 Bennington, Caledonia, Chittenden, Franklin,

23 Grand Isle, Lamoille, Orange, Orleans, Rut24 land, and Washington Counties in the State of

25 Vermont; and
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1 (B)(i) the land areas that drain into Lake

2 Champlain and that are located within Essex,

3 Clinton, Franklin, Warren, and Washington

4 Counties in the State of New York; and

5 (ii) the near-shore areas of Lake Cham6 plain within the counties referred to in clause

7 (i).

8 (b) CRITICAL RESTORATION PROJECTS.—

9 (1) IN GENERAL.—The Secretary may partici10 pate in critical restoration projects in the Lake

11 Champlain watershed.

12 (2) TYPES OF PROJECTS.—A critical restora13 tion project shall be eligible for assistance under this

14 section if the critical restoration project consists

15 of—

16 (A) implementation of an intergovern17 mental agreement for coordinating regulatory

18 and management responsibilities with respect to

19 the Lake Champlain watershed;

20 (B) acceleration of whole farm planning to

21 implement best management practices to main22 tain or enhance water quality and to promote

23 agricultural land use in the Lake Champlain

24 watershed;
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1 (C) acceleration of whole community plan2 ning to promote intergovernmental cooperation

3 in the regulation and management of activities

4 consistent with the goal of maintaining or en5 hancing water quality in the Lake Champlain

6 watershed;

7 (D) natural resource stewardship activities

8 on public or private land to promote land uses

9 that—

10 (i) preserve and enhance the economic

11 and social character of the communities in

12 the Lake Champlain watershed; and

13 (ii) protect and enhance water quality;

14 or

15 (E) any other activity determined by the

16 Secretary to be appropriate.

17 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec18 retary may provide assistance for a critical restoration

19 project under this section only if—

20 (1) the critical restoration project is publicly

21 owned; or

22 (2) the non-Federal interest with respect to the

23 critical restoration project demonstrates that the

24 critical restoration project will provide a substantial
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1 public benefit in the form of water quality improve2 ment.

3 (d) PROJECT SELECTION.—

4 (1) IN GENERAL.—In consultation with the

5 Lake Champlain Basin Program and the heads of

6 other appropriate Federal, State, tribal, and local

7 agencies, the Secretary may—

8 (A) identify critical restoration projects in

9 the Lake Champlain watershed; and

10 (B) carry out the critical restoration

11 projects after entering into an agreement with

12 an appropriate non-Federal interest in accord13 ance with section 221 of the Flood Control Act

14 of 1970 (42 U.S.C. 1962d–5b) and this section.

15 (2) CERTIFICATION.—

16 (A) IN GENERAL.—A critical restoration

17 project shall be eligible for financial assistance

18 under this section only if the State director for

19 the critical restoration project certifies to the

20 Secretary that the critical restoration project

21 will contribute to the protection and enhance22 ment of the quality or quantity of the water re23 sources of the Lake Champlain watershed.

24 (B) SPECIAL CONSIDERATION.—In certi25 fying critical restoration projects to the Sec-
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1 retary, State directors shall give special consid2 eration to projects that implement plans, agree3 ments, and measures that preserve and enhance

4 the economic and social character of the com5 munities in the Lake Champlain watershed.

6 (e) COST SHARING.—

7 (1) IN GENERAL.—Before providing assistance

8 under this section with respect to a critical restora9 tion project, the Secretary shall enter into a project

10 cooperation agreement that shall require the non11 Federal interest—

12 (A) to pay 35 percent of the total costs of

13 the critical restoration project;

14 (B) to acquire any land, easements, rights15 of-way, relocations, and dredged material dis16 posal areas necessary to carry out the critical

17 restoration project;

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

19 maintenance, repair, replacement, and rehabili20 tation costs associated with the critical restora21 tion project; and

22 (D) to hold the United States harmless

23 from any claim or damage that may arise from

24 carrying out the critical restoration project, ex25 cept any claim or damage that may arise from
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1 the negligence of the Federal Government or a

2 contractor of the Federal Government.

3 (2) NON-FEDERAL SHARE.—

4 (A) CREDIT FOR DESIGN WORK.—The

5 non-Federal interest shall receive credit for the

6 reasonable costs of design work carried out by

7 the non-Federal interest before the date of exe8 cution of a project cooperation agreement for

9 the critical restoration project, if the Secretary

10 finds that the design work is integral to the

11 critical restoration project.

12 (B) CREDIT FOR LAND, EASEMENTS, AND

13 RIGHTS-OF-WAY.—The non-Federal interest

14 shall receive credit for the value of any land,

15 easement, right-of-way, relocation, or dredged

16 material disposal area provided for carrying out

17 the critical restoration project.

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

19 provide up to 50 percent of the non-Federal

20 share in the form of services, materials, sup21 plies, or other in-kind contributions.

22 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

23 LAWS.—Nothing in this section waives, limits, or other24 wise affects the applicability of Federal or State law with
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1 respect to a critical restoration project carried out with

2 assistance provided under this section.

3 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

4 authorized to be appropriated to carry out this section

5 $20,000,000, to remain available until expended.

6 SEC. 328. MOUNT ST. HELENS, WASHINGTON.

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

8 Washington, authorized by the matter under the heading

9 ‘‘TRANSFER OF FEDERAL TOWNSITES’’ in chapter IV of

10 title I of the Supplemental Appropriations Act, 1985 (99

11 Stat. 318), is modified to authorize the Secretary to main12 tain, for Longview, Kelso, Lexington, and Castle Rock on

13 the Cowlitz River, Washington, the flood protection levels

14 specified in the October 1985 report entitled ‘‘Mount St.

15 Helens, Washington, Decision Document (Toutle, Cowlitz,

16 and Columbia Rivers)’’, published as House Document

17 No. 135, 99th Congress, signed by the Chief of Engineers,

18 and endorsed and submitted to Congress by the Acting

19 Assistant Secretary of the Army.

20 SEC. 329. PUGET SOUND AND ADJACENT WATERS RES21 TORATION, WASHINGTON.

22 (a) DEFINITION OF CRITICAL RESTORATION

23 PROJECT.—In this section, the term ‘‘critical restoration

24 project’’ means a project that will produce, consistent with

25 Federal programs, projects, and activities, immediate and
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1 substantial ecosystem restoration, preservation, and pro2 tection benefits.

3 (b) CRITICAL RESTORATION PROJECTS.—The Sec4 retary may participate in critical restoration projects in

5 the area of Puget Sound, Washington, and adjacent wa6 ters, including—

7 (1) the watersheds that drain directly into

8 Puget Sound;

9 (2) Admiralty Inlet;

10 (3) Hood Canal;

11 (4) Rosario Strait; and

12 (5) the Strait of Juan de Fuca to Cape Flat13 tery.

14 (c) PROJECT SELECTION.—

15 (1) IN GENERAL.—The Secretary may identify

16 critical restoration projects in the area described in

17 subsection (b) based on—

18 (A) studies to determine the feasibility of

19 carrying out the critical restoration projects;

20 and

21 (B) analyses conducted before the date of

22 enactment of this Act by non-Federal interests.

23 (2) CRITERIA AND PROCEDURES FOR REVIEW

24 AND APPROVAL.—
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1 (A) IN GENERAL.—In consultation with

2 the Secretary of Commerce, the Secretary of

3 the Interior, the Governor of the State of

4 Washington, tribal governments, and the heads

5 of other appropriate Federal, State, and local

6 agencies, the Secretary may develop criteria and

7 procedures for prioritizing critical restoration

8 projects identified under paragraph (1).

9 (B) CONSISTENCY WITH FISH RESTORA10 TION GOALS.—The criteria and procedures de11 veloped under subparagraph (A) shall be con12 sistent with fish restoration goals of the Na13 tional Marine Fisheries Service and the State of

14 Washington.

15 (C) USE OF EXISTING STUDIES AND

16 PLANS.—In carrying out subparagraph (A), the

17 Secretary shall use, to the maximum extent

18 practicable, studies and plans in existence on

19 the date of enactment of this Act to identify

20 project needs and priorities.

21 (3) LOCAL PARTICIPATION.—In prioritizing

22 critical restoration projects for implementation

23 under this section, the Secretary shall consult with,

24 and give full consideration to the priorities of, public

25 and private entities that are active in watershed
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1 planning and ecosystem restoration in Puget Sound

2 watersheds, including—

3 (A) the Salmon Recovery Funding Board;

4 (B) the Northwest Straits Commission;

5 (C) the Hood Canal Coordinating Council;

6 (D) county watershed planning councils;

7 and

8 (E) salmon enhancement groups.

9 (d) IMPLEMENTATION.—The Secretary may carry

10 out critical restoration projects identified under subsection

11 (c) after entering into an agreement with an appropriate

12 non-Federal interest in accordance with section 221 of the

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

14 section.

15 (e) COST SHARING.—

16 (1) IN GENERAL.—Before carrying out any crit17 ical restoration project under this section, the Sec18 retary shall enter into a binding agreement with the

19 non-Federal interest that shall require the non-Fed20 eral interest—

21 (A) to pay 35 percent of the total costs of

22 the critical restoration project;

23 (B) to acquire any land, easements, rights24 of-way, relocations, and dredged material dis-
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1 posal areas necessary to carry out the critical

2 restoration project;

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

4 maintenance, repair, replacement, and rehabili5 tation costs associated with the critical restora6 tion project; and

7 (D) to hold the United States harmless

8 from any claim or damage that may arise from

9 carrying out the critical restoration project, ex10 cept any claim or damage that may arise from

11 the negligence of the Federal Government or a

12 contractor of the Federal Government.

13 (2) CREDIT.—

14 (A) IN GENERAL.—The non-Federal inter15 est shall receive credit for the value of any land,

16 easement, right-of-way, relocation, or dredged

17 material disposal area provided for carrying out

18 the critical restoration project.

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

20 provide up to 50 percent of the non-Federal

21 share in the form of services, materials, sup22 plies, or other in-kind contributions.

23 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section
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1 $20,000,000, of which not more than $5,000,000 may be

2 used to carry out any 1 critical restoration project.

3 SEC. 330. FOX RIVER SYSTEM, WISCONSIN.

4 Section 332(a) of the Water Resources Development

5 Act of 1992 (106 Stat. 4852) is amended—

6 (1) by striking ‘‘The Secretary’’ and inserting

7 the following:

8 ‘‘(1) IN GENERAL.—The Secretary’’; and

9 (2) by adding at the end the following:

10 ‘‘(2) PAYMENTS TO STATE.—The terms and

11 conditions may include 1 or more payments to the

12 State of Wisconsin to assist the State in paying the

13 costs of repair and rehabilitation of the transferred

14 locks and appurtenant features.’’.

15 SEC. 331. CHESAPEAKE BAY OYSTER RESTORATION.

16 Section 704(b) of the Water Resources Development

17 Act of 1986 (33 U.S.C. 2263(b)) is amended—

18 (1) in the second sentence, by striking

19 ‘‘$7,000,000’’ and inserting ‘‘$20,000,000’’; and

20 (2) by striking paragraph (4) and inserting the

21 following:

22 ‘‘(4) the construction of reefs and related clean

23 shell substrate for fish habitat, including manmade

24 3-dimensional oyster reefs, in the Chesapeake Bay

25 and its tributaries in Maryland and Virginia—
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1 ‘‘(A) which reefs shall be preserved as per2 manent sanctuaries by the non-Federal inter3 ests, consistent with the recommendations of

4 the scientific consensus document on Chesa5 peake Bay oyster restoration dated June 1999;

6 and

7 ‘‘(B) for assistance in the construction of

8 which reefs the Chief of Engineers shall solicit

9 participation by and the services of commercial

10 watermen.’’.

11 SEC. 332. GREAT LAKES DREDGING LEVELS ADJUSTMENT.

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

13 the term ‘‘Great Lake’’ means Lake Superior, Lake Michi14 gan, Lake Huron (including Lake St. Clair), Lake Erie,

15 and Lake Ontario (including the St. Lawrence River to

16 the 45th parallel of latitude).

17 (b) DREDGING LEVELS.—In operating and maintain18 ing Federal channels and harbors of, and the connecting

19 channels between, the Great Lakes, the Secretary shall

20 conduct such dredging as is necessary to ensure minimal

21 operation depths consistent with the original authorized

22 depths of the channels and harbors when water levels in

23 the Great Lakes are, or are forecast to be, below the Inter24 national Great Lakes Datum of 1985.
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1 SEC. 333. GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION.

3 (a) FINDINGS.—Congress finds that—

4 (1) the Great Lakes comprise a nationally and

5 internationally significant fishery and ecosystem;

6 (2) the Great Lakes fishery and ecosystem

7 should be developed and enhanced in a coordinated

8 manner; and

9 (3) the Great Lakes fishery and ecosystem pro10 vides a diversity of opportunities, experiences, and

11 beneficial uses.

12 (b) DEFINITIONS.—In this section:

13 (1) GREAT LAKE.—

14 (A) IN GENERAL.—The term ‘‘Great

15 Lake’’ means Lake Superior, Lake Michigan,

16 Lake Huron (including Lake St. Clair), Lake

17 Erie, and Lake Ontario (including the St. Law18 rence River to the 45th parallel of latitude).

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

20 includes any connecting channel, historically

21 connected tributary, and basin of a lake speci22 fied in subparagraph (A).

23 (2) GREAT LAKES COMMISSION.—The term

24 ‘‘Great Lakes Commission’’ means The Great Lakes

25 Commission established by the Great Lakes Basin

26 Compact (82 Stat. 414).
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1 (3) GREAT LAKES FISHERY COMMISSION.—The

2 term ‘‘Great Lakes Fishery Commission’’ has the

3 meaning given the term ‘‘Commission’’ in section 2

4 of the Great Lakes Fishery Act of 1956 (16 U.S.C.

5 931).

6 (4) GREAT LAKES STATE.—The term ‘‘Great

7 Lakes State’’ means each of the States of Illinois,

8 Indiana, Michigan, Minnesota, Ohio, Pennsylvania,

9 New York, and Wisconsin.

10 (c) GREAT LAKES FISHERY AND ECOSYSTEM RES11 TORATION.—

12 (1) SUPPORT PLAN.—

13 (A) IN GENERAL.—Not later than 1 year

14 after the date of enactment of this Act, the Sec15 retary shall develop a plan for activities of the

16 Corps of Engineers that support the manage17 ment of Great Lakes fisheries.

18 (B) USE OF EXISTING DOCUMENTS.—To

19 the maximum extent practicable, the plan shall

20 make use of and incorporate documents that re21 late to the Great Lakes and are in existence on

22 the date of enactment of this Act, such as

23 lakewide management plans and remedial ac24 tion plans.
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1 (C) COOPERATION.—The Secretary shall

2 develop the plan in cooperation with—

3 (i) the signatories to the Joint Stra4 tegic Plan for Management of the Great

5 Lakes Fisheries; and

6 (ii) other affected interests.

7 (2) PROJECTS.—The Secretary shall plan, de8 sign, and construct projects to support the restora9 tion of the fishery, ecosystem, and beneficial uses of

10 the Great Lakes.

11 (3) EVALUATION PROGRAM.—

12 (A) IN GENERAL.—The Secretary shall de13 velop a program to evaluate the success of the

14 projects carried out under paragraph (2) in

15 meeting fishery and ecosystem restoration

16 goals.

17 (B) STUDIES.—Evaluations under sub18 paragraph (A) shall be conducted in consulta19 tion with the Great Lakes Fishery Commission

20 and appropriate Federal, State, and local agen21 cies.

22 (d) COOPERATIVE AGREEMENTS.—In carrying out

23 this section, the Secretary may enter into a cooperative

24 agreement with the Great Lakes Commission or any other
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1 agency established to facilitate active State participation

2 in management of the Great Lakes.

3 (e) RELATIONSHIP TO OTHER GREAT LAKES ACTIVI4 TIES.—No activity under this section shall affect the date

5 of completion of any other activity relating to the Great

6 Lakes that is authorized under other law.

7 (f) COST SHARING.—

8 (1) DEVELOPMENT OF PLAN.—The Federal

9 share of the cost of development of the plan under

10 subsection (c)(1) shall be 65 percent.

11 (2) PROJECT PLANNING, DESIGN, CONSTRUC12 TION, AND EVALUATION.—The Federal share of the

13 cost of planning, design, construction, and evalua14 tion of a project under paragraph (2) or (3) of sub15 section (c) shall be 65 percent.

16 (3) NON-FEDERAL SHARE.—

17 (A) CREDIT FOR LAND, EASEMENTS, AND

18 RIGHTS-OF-WAY.—The non-Federal interest

19 shall receive credit for the value of any land,

20 easement, right-of-way, relocation, or dredged

21 material disposal area provided for carrying out

22 a project under subsection (c)(2).

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

24 provide up to 50 percent of the non-Federal

25 share required under paragraphs (1) and (2) in
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1 the form of services, materials, supplies, or

2 other in-kind contributions.

3 (4) OPERATION AND MAINTENANCE.—The op4 eration, maintenance, repair, rehabilitation, and re5 placement of projects carried out under this section

6 shall be a non-Federal responsibility.

7 (5) NON-FEDERAL INTERESTS.—Notwith8 standing section 221 of the Flood Control Act of

9 1970 (42 U.S.C. 1962d–5b), for any project carried

10 out under this section, a non-Federal interest may

11 include a private interest and a nonprofit entity.

12 (g) AUTHORIZATION OF APPROPRIATIONS.—

13 (1) DEVELOPMENT OF PLAN.—There is author14 ized to be appropriated for development of the plan

15 under subsection (c)(1) $300,000.

16 (2) OTHER ACTIVITIES.—There is authorized to

17 be appropriated to carry out paragraphs (2) and (3)

18 of subsection (c) $8,000,000 for each of fiscal years

19 2002 through 2006.

20 SEC. 334. 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; 104 Stat. 4644; 110 Stat.

24 3763; 113 Stat. 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),

6 by 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

11 for each of fiscal years 1998 through 2000.’’ and in12 serting ‘‘$10,000,000 for each of fiscal years 2001

13 through 2010.’’.

14 SEC. 335. GREAT LAKES TRIBUTARY MODEL.

15 Section 516 of the Water Resources Development Act

16 of 1996 (33 U.S.C. 2326b) is amended—

17 (1) in subsection (e), by adding at the end the

18 following:

19 ‘‘(3) COST SHARING.—The non-Federal share

20 of the costs of developing a tributary sediment

21 transport model under this subsection shall be 50

22 percent.’’; and

23 (2) in subsection (g)—

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

25 inserting the following:
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1 ‘‘(1) IN GENERAL.—There is authorized’’; and

2 (B) by adding at the end the following:

3 ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In ad4 dition to amounts made available under paragraph

5 (1), there is authorized to be appropriated to carry

6 out subsection (e) $5,000,000 for each of fiscal

7 years 2001 through 2008.’’.

8 SEC. 336. TREATMENT OF DREDGED MATERIAL FROM

9 LONG ISLAND SOUND.

10 (a) IN GENERAL.—Not later than December 31,

11 2002, the Secretary shall carry out a demonstration

12 project for the use of innovative sediment treatment tech13 nologies for the treatment of dredged material from Long

14 Island Sound.

15 (b) PROJECT CONSIDERATIONS.—In carrying out

16 subsection (a), the Secretary shall, to the maximum extent

17 practicable—

18 (1) encourage partnerships between the public

19 and private sectors;

20 (2) build on treatment technologies that have

21 been used successfully in demonstration or full-scale

22 projects (such as projects carried out in the State of

23 New York, New Jersey, or Illinois), such as tech24 nologies described in—
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1 (A) section 405 of the Water Resources

2 Development Act of 1992 (33 U.S.C. 2239

3 note; 106 Stat. 4863); or

4 (B) section 503 of the Water Resources

5 Development Act of 1999 (33 U.S.C. 2314

6 note; 113 Stat. 337);

7 (3) ensure that dredged material from Long Is8 land Sound that is treated under the demonstration

9 project is disposed of by beneficial reuse, by open

10 water disposal, or at a licensed waste facility, as ap11 propriate; and

12 (4) ensure that the demonstration project is

13 consistent with the findings and requirements of any

14 draft environmental impact statement on the des15 ignation of 1 or more dredged material disposal sites

16 in Long Island Sound that is scheduled for comple17 tion in 2001.

18 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

19 authorized to be appropriated to carry out this section

20 $20,000,000.

21 SEC. 337. NEW ENGLAND WATER RESOURCES AND ECO22 SYSTEM RESTORATION.

23 (a) DEFINITIONS.—In this section:

24 (1) CRITICAL RESTORATION PROJECT.—The

25 term ‘‘critical restoration project’’ means a project
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1 that will produce, consistent with Federal programs,

2 projects, and activities, immediate and substantial

3 ecosystem restoration, preservation, and protection

4 benefits.

5 (2) NEW ENGLAND.—The term ‘‘New England’’

6 means all watersheds, estuaries, and related coastal

7 areas in the States of Connecticut, Maine, Massa8 chusetts, New Hampshire, Rhode Island, and

9 Vermont.

10 (b) ASSESSMENT.—

11 (1) IN GENERAL.—The Secretary, in coordina12 tion with appropriate Federal, State, tribal, regional,

13 and local agencies, shall perform an assessment of

14 the condition of water resources and related eco15 systems in New England to identify problems and

16 needs for restoring, preserving, and protecting water

17 resources, ecosystems, wildlife, and fisheries.

18 (2) MATTERS TO BE ADDRESSED.—The assess19 ment shall include—

20 (A) development of criteria for identifying

21 and prioritizing the most critical problems and

22 needs; and

23 (B) a framework for development of water24 shed or regional restoration plans.
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1 (3) USE OF EXISTING INFORMATION.—In per2 forming the assessment, the Secretary shall, to the

3 maximum extent practicable, use—

4 (A) information that is available on the

5 date of enactment of this Act; and

6 (B) ongoing efforts of all participating

7 agencies.

8 (4) CRITERIA; FRAMEWORK.—

9 (A) IN GENERAL.—Not later than 1 year

10 after the date of enactment of this Act, the Sec11 retary shall develop and make available for pub12 lic review and comment—

13 (i) criteria for identifying and

14 prioritizing critical problems and needs;

15 and

16 (ii) a framework for development of

17 watershed or regional restoration plans.

18 (B) USE OF RESOURCES.—In developing

19 the criteria and framework, the Secretary shall

20 make full use of all available Federal, State,

21 tribal, regional, and local resources.

22 (5) REPORT.—Not later than October l, 2002,

23 the Secretary shall submit to Congress a report on

24 the assessment.

25 (c) RESTORATION PLANS.—
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1 (1) IN GENERAL.—After the report is submitted

2 under subsection (b)(5), the Secretary, in coordina3 tion with appropriate Federal, State, tribal, regional,

4 and local agencies, shall—

5 (A) develop a comprehensive plan for re6 storing, preserving, and protecting the water re7 sources and ecosystem in each watershed and

8 region in New England; and

9 (B) submit the plan to Congress.

10 (2) CONTENTS.—Each restoration plan shall

11 include—

12 (A) a feasibility report; and

13 (B) a programmatic environmental impact

14 statement covering the proposed Federal action.

15 (d) CRITICAL RESTORATION PROJECTS.—

16 (1) IN GENERAL.—After the restoration plans

17 are submitted under subsection (c)(1)(B), the Sec18 retary, in coordination with appropriate Federal,

19 State, tribal, regional, and local agencies, shall iden20 tify critical restoration projects that will produce

21 independent, immediate, and substantial restoration,

22 preservation, and protection benefits.

23 (2) AGREEMENTS.—The Secretary may carry

24 out a critical restoration project after entering into

25 an agreement with an appropriate non-Federal inter-
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1 est in accordance with section 221 of the Flood Con2 trol Act of 1970 (42 U.S.C. 1962d–5b) and this sec3 tion.

4 (3) PROJECT JUSTIFICATION.—Notwith5 standing section 209 of the Flood Control Act of

6 1970 (42 U.S.C. 1962–2) or any other provision of

7 law, in carrying out a critical restoration project

8 under this subsection, the Secretary may determine

9 that the project—

10 (A) is justified by the environmental bene11 fits derived from the ecosystem; and

12 (B) shall not need further economic jus13 tification if the Secretary determines that the

14 project is cost effective.

15 (4) TIME LIMITATION.—No critical restoration

16 project may be initiated under this subsection after

17 September 30, 2005.

18 (5) COST LIMITATION.—Not more than

19 $5,000,000 in Federal funds may be used to carry

20 out a critical restoration project under this sub21 section.

22 (e) COST SHARING.—

23 (1) ASSESSMENT.—
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1 (A) IN GENERAL.—The non-Federal share

2 of the cost of the assessment under subsection

3 (b) shall be 25 percent.

4 (B) IN-KIND CONTRIBUTIONS.—The non5 Federal share may be provided in the form of

6 services, materials, or other in-kind contribu7 tions.

8 (2) RESTORATION PLANS.—

9 (A) IN GENERAL.—The non-Federal share

10 of the cost of developing the restoration plans

11 under subsection (c) shall be 35 percent.

12 (B) IN-KIND CONTRIBUTIONS.—Up to 50

13 percent of the non-Federal share may be pro14 vided in the form of services, materials, or other

15 in-kind contributions.

16 (3) CRITICAL RESTORATION PROJECTS.—

17 (A) IN GENERAL.—The non-Federal share

18 of the cost of carrying out a critical restoration

19 project under subsection (d) shall be 35 per20 cent.

21 (B) IN-KIND CONTRIBUTIONS.—Up to 50

22 percent of the non-Federal share may be pro23 vided in the form of services, materials, or other

24 in-kind contributions.
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1 (C) REQUIRED NON-FEDERAL CONTRIBU2 TION.—For any critical restoration project, the

3 non-Federal interest shall—

4 (i) provide all land, easements, rights5 of-way, dredged material disposal areas,

6 and relocations;

7 (ii) pay all operation, maintenance, re8 placement, repair, and rehabilitation costs;

9 and

10 (iii) hold the United States harmless

11 from all claims arising from the construc12 tion, operation, and maintenance of the

13 project.

14 (D) CREDIT.—The non-Federal interest

15 shall receive credit for the value of the land,

16 easements, rights-of-way, dredged material dis17 posal areas, and relocations provided under sub18 paragraph (C).

19 (f) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) ASSESSMENT AND RESTORATION PLANS.—

21 There is authorized to be appropriated to carry out

22 subsections (b) and (c) $2,000,000 for each of fiscal

23 years 2001 through 2005.
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1 (2) CRITICAL RESTORATION PROJECTS.—There

2 is authorized to be appropriated to carry out sub3 section (d) $30,000,000.

4 SEC. 338. PROJECT DEAUTHORIZATIONS.

5 The following projects or portions of projects are not

6 authorized after the date of enactment of this Act:

7 (1) KENNEBUNK RIVER, KENNEBUNK AND

8 KENNEBUNKPORT, MAINE.—The following portion of

9 the project for navigation, Kennebunk River, Maine,

10 authorized by section 101 of the River and Harbor

11 Act of 1962 (76 Stat. 1173), is not authorized after

12 the date of enactment of this Act: the portion of the

13 northernmost 6-foot deep anchorage the boundaries

14 of which begin at a point with coordinates

15 N1904693.6500, E418084.2700, thence running

16 south 01 degree 04 minutes 50.3 seconds 35 feet to

17 a point with coordinates N190434.6562,

18 E418084.9301, thence running south 15 degrees 53

19 minutes 45.5 seconds 416.962 feet to a point with

20 coordinates N190033.6386, E418199.1325, thence

21 running north 03 degrees 11 minutes 30.4 seconds

22 70 feet to a point with coordinates N190103.5300,

23 E418203.0300, thence running north 17 degrees 58

24 minutes 18.3 seconds west 384.900 feet to the point

25 of origin.
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1 (2) WALLABOUT CHANNEL, BROOKLYN, NEW

2 YORK.—

3 (A) IN GENERAL.—The northeastern por4 tion of the project for navigation, Wallabout

5 Channel, Brooklyn, New York, authorized by

6 the Act of March 3, 1899 (30 Stat. 1124, chap7 ter 425), beginning at a point N682,307.40,

8 E638,918.10, thence running along the courses

9 and distances described in subparagraph (B).

10 (B) COURSES AND DISTANCES.—The

11 courses and distances referred to in subpara12 graph (A) are the following:

13 (i) South 85 degrees, 44 minutes, 13

14 seconds East 87.94 feet (coordinate:

15 N682,300.86, E639,005.80).

16 (ii) North 74 degrees, 41 minutes, 30

17 seconds East 271.54 feet (coordinate:

18 N682,372.55, E639,267.71).

19 (iii) South 4 degrees, 46 minutes, 02

20 seconds West 170.95 feet (coordinate:

21 N682,202.20, E639,253.50).

22 (iv) South 4 degrees, 46 minutes, 02

23 seconds West 239.97 feet (coordinate:

24 N681,963.06, E639,233.56).
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1 (v) North 50 degrees, 48 minutes, 26

2 seconds West 305.48 feet (coordinate:

3 N682,156.10, E638,996.80).

4 (vi) North 3 degrees, 33 minutes, 25

5 seconds East 145.04 feet (coordinate:

6 N682,300.86, E639,005.80).

7 (3) NEW YORK AND NEW JERSEY CHANNELS,

8 NEW YORK AND NEW JERSEY.—The portion of the

9 project for navigation, New York and New Jersey

10 Channels, New York and New Jersey, authorized by

11 the first section of the Act of August 30, 1935 (49

12 Stat. 1030, chapter 831), and modified by section

13 101 of the River and Harbor Act of 1950 (64 Stat.

14 164), consisting of a 35-foot-deep channel beginning

15 at a point along the western limit of the authorized

16 project, N644100.411, E2129256.91, thence run17 ning southeast about 38.25 feet to a point

18 N644068.885, E2129278.565, thence running south

19 about 1163.86 feet to a point N642912.127,

20 E2129150.209, thence running southwest about

21 56.9 feet to a point N642864.09, E2129119.725,

22 thence running north along the western limit of the

23 project to the point of origin.

24 (4) WARWICK COVE, RHODE ISLAND.—The por25 tion of the project for navigation, Warwick Cove,
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1 Rhode Island, authorized under section 107 of the

2 River and Harbor Act of 1960 (33 U.S.C. 577),

3 which is located within the 5-acre, 6-foot anchorage

4 area west of the channel: beginning at a point with

5 coordinates N221,150.027, E528,960.028, thence

6 running southerly about 257.39 feet to a point with

7 coordinates N220,892.638, E528,960.028, thence

8 running northwesterly about 346.41 feet to a point

9 with coordinates N221,025.270, E528,885.780,

10 thence running northeasterly about 145.18 feet to

11 the point of origin.

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

13 CAROLINA.

14 (a) DEFINITION OF BEACHES.—In this section, the

15 term ‘‘beaches’’ means the following beaches located in

16 Carteret County, North Carolina:

17 (1) Atlantic Beach.

18 (2) Pine Knoll Shores Beach.

19 (3) Salter Path Beach.

20 (4) Indian Beach.

21 (5) Emerald Isle Beach.

22 (b) RENOURISHMENT STUDY.—The Secretary shall

23 expedite completion of a study under section 145 of the

24 Water Resources Development Act of 1976 (33 U.S.C.

25 426j) on the expedited renourishment, through sharing of
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1 the costs of deposition of sand and other material used

2 for beach renourishment, of the beaches of Bogue Banks

3 in Carteret County, North Carolina.

4 TITLE IV—STUDIES

5 SEC. 401. BALDWIN COUNTY, ALABAMA.

6 The Secretary shall conduct a study to determine the

7 feasibility of carrying out beach erosion control, storm

8 damage reduction, and other measures along the shores

9 of Baldwin County, Alabama.

10 SEC. 402. BONO, ARKANSAS.

11 The Secretary shall conduct a study to determine the

12 feasibility of, and need for, a reservoir and associated im13 provements to provide for flood control, recreation, water

14 quality, and fish and wildlife in the vicinity of Bono, Ar15 kansas.

16 SEC. 403. CACHE CREEK BASIN, CALIFORNIA.

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

18 study to determine the feasibility of modifying the project

19 for flood control, Cache Creek Basin, California, author20 ized by section 401(a) of the Water Resources Develop21 ment Act of 1986 (100 Stat. 4112), to authorize construc22 tion of features to mitigate impacts of the project on the

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

24 that have been caused by construction of a new south levee

25 of the Cache Creek Settling Basin.
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1 (b) REQUIRED ELEMENTS.—The study shall include

2 consideration of—

3 (1) an outlet works through the Yolo Bypass

4 capable of receiving up to 1,600 cubic feet per sec5 ond of storm drainage from the city of Woodland

6 and Yolo County;

7 (2) a low-flow cross-channel across the Yolo By8 pass, including all appurtenant features, that is suf9 ficient to route storm flows of 1,600 cubic feet per

10 second between the old and new south levees of the

11 Cache Creek Settling Basin, across the Yolo Bypass,

12 and into the Tule Canal; and

13 (3) such other features as the Secretary deter14 mines to be appropriate.

15 SEC. 404. ESTUDILLO CANAL WATERSHED, CALIFORNIA.

16 The Secretary shall conduct a study to determine the

17 feasibility of constructing flood control measures in the

18 Estudillo Canal watershed, San Leandro, Calfornia.

19 SEC. 405. LAGUNA CREEK WATERSHED, CALIFORNIA.

20 The Secretary shall conduct a study to determine the

21 feasibility of constructing flood control measures in the

22 Laguna Creek watershed, Fremont, California, to provide

23 a 100-year level of flood protection.
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1 SEC. 406. OCEANSIDE, CALIFORNIA.

2 Not later than 32 months after the date of enactment

3 of this Act, the Secretary shall conduct a special study,

4 at full Federal expense, of plans—

5 (1) to mitigate for the erosion and other im6 pacts resulting from the construction of Camp Pen7 dleton Harbor, Oceanside, California, as a wartime

8 measure; and

9 (2) to restore beach conditions along the af10 fected public and private shores to the conditions

11 that existed before the construction of Camp Pen12 dleton Harbor.

13 SEC. 407. SAN JACINTO WATERSHED, CALIFORNIA.

14 (a) IN GENERAL.—The Secretary shall conduct a wa15 tershed study for the San Jacinto watershed, California.

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $250,000.

19 SEC. 408. CHOCTAWHATCHEE RIVER, FLORIDA.

20 The Secretary shall conduct a reconnaissance study

21 to determine the Federal interest in dredging the mouth

22 of the Choctawhatchee River, Florida, to remove the sand

23 plug.

24 SEC. 409. EGMONT KEY, FLORIDA.

25 The Secretary shall conduct a study to determine the

26 feasibility of stabilizing the historic fortifications and
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1 beach areas of Egmont Key, Florida, that are threatened

2 by erosion.

3 SEC. 410. FERNANDINA HARBOR, FLORIDA.

4 The Secretary shall conduct a study to determine the

5 feasibility of realigning the access channel in the vicinity

6 of the Fernandina Beach Municipal Marina as part of

7 project for navigation, Fernandina, Florida, authorized by

8 the first section of the Act of June 14, 1880 (21 Stat.

9 186, chapter 211).

10 SEC. 411. UPPER OCKLAWAHA RIVER AND APOPKA/

11 PALATLAKAHA RIVER BASINS, FLORIDA.

12 (a) IN GENERAL.—The Secretary shall conduct a re13 study of flooding and water quality issues in—

14 (1) the upper Ocklawaha River basin, south of

15 the Silver River; and

16 (2) the Apopka River and Palatlakaha River

17 basins.

18 (b) REQUIRED ELEMENTS.—In carrying out sub19 section (a), the Secretary shall review the report of the

20 Chief of Engineers on the Four River Basins, Florida,

21 project, published as House Document No. 585, 87th Con22 gress, and other pertinent reports to determine the feasi23 bility of measures relating to comprehensive watershed

24 planning for water conservation, flood control, environ25 mental restoration and protection, and other issues relat-
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1 ing to water resources in the river basins described in sub2 section (a).

3 SEC. 412. BOISE RIVER, IDAHO.

4 The Secretary shall conduct a study to determine the

5 feasibility of carrying out multi-objective flood control ac6 tivities along the Boise River, Idaho.

7 SEC. 413. WOOD RIVER, IDAHO.

8 The Secretary shall conduct a study to determine the

9 feasibility of carrying out multi-objective flood control and

10 flood mitigation planning projects along the Wood River

11 in Blaine County, Idaho.

12 SEC. 414. CHICAGO, ILLINOIS.

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

14 study to determine the feasibility of carrying out projects

15 for water-related urban improvements, including infra16 structure development and improvements, in Chicago, Illi17 nois.

18 (b) SITES.—Under subsection (a), the Secretary shall

19 study—

20 (1) the USX/Southworks site;

21 (2) Calumet Lake and River;

22 (3) the Canal Origins Heritage Corridor; and

23 (4) Ping Tom Park.

24 (c) USE OF INFORMATION; CONSULTATION.—In car25 rying out this section, the Secretary shall use available in-
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1 formation from, and consult with, appropriate Federal,

2 State, and local agencies.

3 SEC. 415. BOEUF AND BLACK, LOUISIANA.

4 The Secretary shall conduct a study to determine the

5 feasibility of deepening the navigation channel of the

6 Atchafalaya River and Bayous Chene, Boeuf and Black,

7 Louisiana, from 20 feet to 35 feet.

8 SEC. 416. PORT OF IBERIA, LOUISIANA.

9 The Secretary shall conduct a study to determine the

10 feasibility of constructing navigation improvements for in11 gress and egress between the Port of Iberia, Louisiana,

12 and the Gulf of Mexico, including channel widening and

13 deepening.

14 SEC. 417. SOUTH LOUISIANA.

15 The Secretary shall conduct a study to determine the

16 feasibility of constructing projects for hurricane protection

17 in the coastal area of the State of Louisiana between Mor18 gan City and the Pearl River.

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

20 The Secretary shall conduct a study to determine the

21 feasibility of constructing urban flood control measures on

22 the east bank of the Mississippi River in St. John the Bap23 tist Parish, Louisiana.
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1 SEC. 419. PORTLAND HARBOR, MAINE.

2 The Secretary shall conduct a study to determine the

3 adequacy of the channel depth at Portland Harbor, Maine.

4 SEC. 420. PORTSMOUTH HARBOR AND PISCATAQUA RIVER,

5 MAINE AND NEW HAMPSHIRE.

6 The Secretary shall conduct a study to determine the

7 feasibility of modifying the project for navigation, Ports8 mouth Harbor and Piscataqua River, Maine and New

9 Hampshire, authorized by section 101 of the River and

10 Harbor Act of 1962 (76 Stat. 1173) and modified by sec11 tion 202(a) of the Water Resources Development Act of

12 1986 (100 Stat. 4095), to increase the authorized width

13 of turning basins in the Piscataqua River to 1,000 feet.

14 SEC. 421. SEARSPORT HARBOR, MAINE.

15 The Secretary shall conduct a study to determine the

16 adequacy of the channel depth at Searsport Harbor,

17 Maine.

18 SEC. 422. MERRIMACK RIVER BASIN, MASSACHUSETTS AND

19 NEW HAMPSHIRE.

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

21 comprehensive study of the water resources needs of the

22 Merrimack River basin, Massachusetts and New Hamp23 shire, in the manner described in section 729 of the Water

24 Resources Development Act of 1986 (100 Stat. 4164).

25 (b) CONSIDERATION OF OTHER STUDIES.—In car26 rying out this section, the Secretary may take into consid-
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1 eration any studies conducted by the University of New

2 Hampshire on environmental restoration of the Merrimack

3 River System.

4 SEC. 423. PORT OF GULFPORT, MISSISSIPPI.

5 The Secretary shall conduct a study to determine the

6 feasibility of modifying the project for navigation, Gulfport

7 Harbor, Mississippi, authorized by section 202(a) of the

8 Water Resources Development Act of 1986 (100 Stat.

9 4094) and modified by section 4(n) of the Water Re10 sources Development Act of 1988 (102 Stat. 4017)—

11 (1) to widen the channel from 300 feet to 450

12 feet; and

13 (2) to deepen the South Harbor channel from

14 36 feet to 42 feet and the North Harbor channel

15 from 32 feet to 36 feet.

16 SEC. 424. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.

17 In conjunction with the State of New Hampshire, the

18 Secretary shall conduct a study to identify and evaluate

19 potential upland disposal sites for dredged material origi20 nating from harbor areas located within the State.

21 SEC. 425. SOUTHWEST VALLEY, ALBUQUERQUE, NEW MEX22 ICO.

23 Section 433 of the Water Resources Development Act

24 of 1999 (113 Stat. 327) is amended—
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1 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

2 ‘‘The’’; and

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

4 ‘‘(b) EVALUATION OF FLOOD DAMAGE REDUCTION

5 MEASURES.—In conducting the study, the Secretary shall

6 evaluate flood damage reduction measures that would oth7 erwise be excluded from the feasibility analysis based on

8 policies of the Corps of Engineers concerning the fre9 quency of flooding, the drainage area, and the amount of

10 runoff.’’.

11 SEC. 426. CUYAHOGA RIVER, OHIO.

12 Section 438 of the Water Resources Development Act

13 of 1996 (110 Stat. 3746) is amended to read as follows:

14 ‘‘SEC. 438. CUYAHOGA RIVER, OHIO.

15 ‘‘(a) IN GENERAL.—The Secretary shall—

16 ‘‘(1) conduct a study to evaluate the structural

17 integrity of the bulkhead system located on the Fed18 eral navigation channel along the Cuyahoga River

19 near Cleveland, Ohio; and

20 ‘‘(2) provide to the non-Federal interest design

21 analysis, plans and specifications, and cost estimates

22 for repair or replacement of the bulkhead system.

23 ‘‘(b) COST SHARING.—The non-Federal share of the

24 cost of the study shall be 35 percent.
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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

2 is authorized to be appropriated to carry out this section

3 $500,000.’’.

4 SEC. 427. DUCK CREEK WATERSHED, OHIO.

5 The Secretary shall conduct a study to determine the

6 feasibility of carrying out flood control, environmental res7 toration, and aquatic ecosystem restoration measures in

8 the Duck Creek watershed, Ohio.

9 SEC. 428. FREMONT, OHIO.

10 In consultation with appropriate Federal, State, and

11 local agencies, the Secretary shall conduct a study to de12 termine the feasibility of carrying out projects for water

13 supply and environmental restoration at the Ballville

14 Dam, on the Sandusky River at Fremont, Ohio.

15 SEC. 429. GRAND LAKE, OKLAHOMA.

16 (a) EVALUATION.—The Secretary shall—

17 (1) evaluate the backwater effects specifically

18 due to flood control operations on land around

19 Grand Lake, Oklahoma; and

20 (2) not later than 180 days after the date of

21 enactment of this Act, submit to Congress a report

22 on whether Federal actions have been a significant

23 cause of the backwater effects.

24 (b) FEASIBILITY STUDY.—
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1 (1) IN GENERAL.—The Secretary shall conduct

2 a study to determine the feasibility of—

3 (A) addressing the backwater effects of the

4 operation of the Pensacola Dam, Grand/Neosho

5 River basin; and

6 (B) purchasing easements for any land

7 that has been adversely affected by backwater

8 flooding in the Grand/Neosho River basin.

9 (2) COST SHARING.—If the Secretary deter10 mines under subsection (a)(2) that Federal actions

11 have been a significant cause of the backwater ef12 fects, the Federal share of the costs of the feasibility

13 study under paragraph (1) shall be 100 percent.

14 SEC. 430. DREDGED MATERIAL DISPOSAL SITE, RHODE IS15 LAND.

16 In consultation with the Administrator of the Envi17 ronmental Protection Agency, the Secretary shall conduct

18 a study to determine the feasibility of designating a per19 manent site in the State of Rhode Island for the disposal

20 of dredged material.

21 SEC. 431. CHICKAMAUGA LOCK AND DAM, TENNESSEE.

22 (a) IN GENERAL.—The Secretary shall use $200,000,

23 from funds transferred from the Tennessee Valley Author24 ity, to prepare a report of the Chief of Engineers for a
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1 replacement lock at Chickamauga Lock and Dam, Ten2 nessee.

3 (b) FUNDING.—As soon as practicable after the date

4 of enactment of this Act, the Tennessee Valley Authority

5 shall transfer the funds described in subsection (a) to the

6 Secretary.

7 SEC. 432. GERMANTOWN, TENNESSEE.

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

9 study to determine the feasibility of carrying out a project

10 for flood control and related purposes along Miller Farms

11 Ditch, Howard Road Drainage, and Wolf River Lateral

12 D, Germantown, Tennessee.

13 (b) JUSTIFICATION ANALYSIS.—The Secretary shall

14 include environmental and water quality benefits in the

15 justification analysis for the project.

16 (c) COST SHARING.—

17 (1) FEDERAL SHARE.—The Federal share of

18 the costs of the feasibility study under subsection (a)

19 shall not exceed 25 percent.

20 (2) NON-FEDERAL SHARE.—The Secretary—

21 (A) shall credit toward the non-Federal

22 share of the costs of the feasibility study the

23 value of the in-kind services provided by the

24 non-Federal interests relating to the planning,

25 engineering, and design of the project, whether
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1 carried out before or after execution of the fea2 sibility study cost-sharing agreement; and

3 (B) for the purposes of subparagraph (A),

4 shall consider the feasibility study to be con5 ducted as part of the Memphis Metro Ten6 nessee and Mississippi study authorized by res7 olution of the Committee on Transportation

8 and Infrastructure, dated March 7, 1996.

9 SEC. 433. HORN LAKE CREEK AND TRIBUTARIES, TEN10 NESSEE AND MISSISSIPPI.

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

12 study to determine the feasibility of modifying the project

13 for flood control, Horn Lake Creek and Tributaries, Ten14 nessee and Mississippi, authorized by section 401(a) of the

15 Water Resources Development Act of 1986 (100 Stat.

16 4124), to provide a high level of urban flood protection

17 to development along Horn Lake Creek.

18 (b) REQUIRED ELEMENT.—The study shall include

19 a limited reevaluation of the project to determine the ap20 propriate design, as desired by the non-Federal interests.

21 SEC. 434. CEDAR BAYOU, TEXAS.

22 The Secretary shall conduct a study to determine the

23 feasibility of constructing a 12-foot-deep and 125-foot24 wide channel from the Houston Ship Channel to Cedar

25 Bayou, mile marker 11, Texas.
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1 SEC. 435. HOUSTON SHIP CHANNEL, TEXAS.

2 The Secretary shall conduct a study to determine the

3 feasibility of constructing barge lanes adjacent to both

4 sides of the Houston Ship Channel from Bolivar Roads

5 to Morgan Point, Texas, to a depth of 12 feet.

6 SEC. 436. SAN ANTONIO CHANNEL, TEXAS.

7 The Secretary shall conduct a study to determine the

8 feasibility of modifying the project for San Antonio Chan9 nel improvement, Texas, authorized by section 203 of the

10 Flood Control Act of 1954 (68 Stat. 1259), and modified

11 by section 103 of the Water Resources Development Act

12 of 1976 (90 Stat. 2921), to add environmental restoration

13 and recreation as project purposes.

14 SEC. 437. VERMONT DAMS REMEDIATION.

15 (a) IN GENERAL.—The Secretary shall—

16 (1) conduct a study to evaluate the structural

17 integrity and need for modification or removal of

18 each dam located in the State of Vermont and de19 scribed in subsection (b); and

20 (2) provide to the non-Federal interest design

21 analysis, plans and specifications, and cost estimates

22 for repair, restoration, modification, and removal of

23 each dam described in subsection (b).

24 (b) DAMS TO BE EVALUATED.—The dams referred

25 to in subsection (a) are the following:

26 (1) East Barre Dam, Barre Town.
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1 (2) Wrightsville Dam, Middlesex-Montpelier.

2 (3) Lake Sadawga Dam, Whitingham.

3 (4) Dufresne Pond Dam, Manchester.

4 (5) Knapp Brook Site 1 Dam, Cavendish.

5 (6) Lake Bomoseen Dam, Castleton.

6 (7) Little Hosmer Dam, Craftsbury.

7 (8) Colby Pond Dam, Plymouth.

8 (9) Silver Lake Dam, Barnard.

9 (10) Gale Meadows Dam, Londonderry.

10 (c) COST SHARING.—The non-Federal share of the

11 cost of the study under subsection (a) shall be 35 percent.

12 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to carry out this section

14 $500,000.

15 SEC. 438. WHITE RIVER WATERSHED BELOW MUD MOUN16 TAIN DAM, WASHINGTON.

17 (a) REVIEW.—The Secretary shall review the report

18 of the Chief of Engineers on the Upper Puyallup River,

19 Washington, dated 1936, authorized by section 5 of the

20 Act of June 22, 1936 (49 Stat. 1591, chapter 688), the

21 Puget Sound and adjacent waters report authorized by

22 section 209 of the Flood Control Act of 1962 (76 Stat.

23 1197), and other pertinent reports, to determine whether

24 modifications to the recommendations contained in the re25 ports are advisable to provide improvements to the water
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1 resources and watershed of the White River watershed

2 downstream of Mud Mountain Dam, Washington.

3 (b) ISSUES.—In conducting the review under sub4 section (a), the Secretary shall review, with respect to the

5 Lake Tapps community and other parts of the

6 watershed—

7 (1) constructed and natural environs;

8 (2) capital improvements;

9 (3) water resource infrastructure;

10 (4) ecosystem restoration;

11 (5) flood control;

12 (6) fish passage;

13 (7) collaboration by, and the interests of, re14 gional stakeholders;

15 (8) recreational and socioeconomic interests;

16 and

17 (9) other issues determined by the Secretary.

18 SEC. 439. WILLAPA BAY, WASHINGTON.

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

20 determine the feasibility of providing coastal erosion pro21 tection for the Tribal Reservation of the Shoalwater Bay

22 Indian Tribe on Willapa Bay, Washington.

23 (b) PROJECT.—

24 (1) IN GENERAL.—Notwithstanding any other

25 provision of law (including any requirement for eco-
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1 nomic justification), the Secretary may construct

2 and maintain a project to provide coastal erosion

3 protection for the Tribal Reservation of the

4 Shoalwater Bay Indian Tribe on Willapa Bay,

5 Washington, at full Federal expense, if the Secretary

6 determines that the project—

7 (A) is a cost-effective means of providing

8 erosion protection;

9 (B) is environmentally acceptable and tech10 nically feasible; and

11 (C) will improve the economic and social

12 conditions of the Shoalwater Bay Indian Tribe.

13 (2) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—

14 As a condition of the project described in paragraph

15 (1), the Shoalwater Bay Indian Tribe shall provide

16 land, easements, rights-of-way, and dredged material

17 disposal areas necessary for the implementation of

18 the project.

19 SEC. 440. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND

20 NUTRIENT STUDY.

21 (a) IN GENERAL.—The Secretary, in conjunction

22 with the Secretary of Agriculture and the Secretary of the

23 Interior, shall conduct a study to—
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1 (1) identify and evaluate significant sources of

2 sediment and nutrients in the upper Mississippi

3 River basin;

4 (2) quantify the processes affecting mobiliza5 tion, transport, and fate of those sediments and nu6 trients on land and in water; and

7 (3) quantify the transport of those sediments

8 and nutrients to the upper Mississippi River and the

9 tributaries of the upper Mississippi River.

10 (b) STUDY COMPONENTS.—

11 (1) COMPUTER MODELING.—In carrying out

12 the study under this section, the Secretary shall de13 velop computer models of the upper Mississippi

14 River basin, at the subwatershed and basin scales,

15 to—

16 (A) identify and quantify sources of sedi17 ment and nutrients; and

18 (B) examine the effectiveness of alternative

19 management measures.

20 (2) RESEARCH.—In carrying out the study

21 under this section, the Secretary shall conduct re22 search to improve the understanding of—

23 (A) fate processes and processes affecting

24 sediment and nutrient transport, with emphasis
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1 on nitrogen and phosphorus cycling and dynam2 ics;

3 (B) the influences on sediment and nutri4 ent losses of soil type, slope, climate, vegetation

5 cover, and modifications to the stream drainage

6 network; and

7 (C) river hydrodynamics, in relation to

8 sediment and nutrient transformations, reten9 tion, and transport.

10 (c) USE OF INFORMATION.—On request of a relevant

11 Federal agency, the Secretary may provide information for

12 use in applying sediment and nutrient reduction programs

13 associated with land-use improvements and land manage14 ment practices.

15 (d) REPORTS.—

16 (1) PRELIMINARY REPORT.—Not later than 2

17 years after the date of enactment of this Act, the

18 Secretary shall submit to Congress a preliminary re19 port that outlines work being conducted on the study

20 components described in subsection (b).

21 (2) FINAL REPORT.—Not later than 5 years

22 after the date of enactment of this Act, the Sec23 retary shall submit to Congress a report describing

24 the results of the study under this section, including

25 any findings and recommendations of the study.
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1 (e) FUNDING.—

2 (1) AUTHORIZATION OF APPROPRIATIONS.—

3 There is authorized to be appropriated to carry out

4 this section $5,000,000 for each of fiscal years 2001

5 through 2005.

6 (2) FEDERAL SHARE.—The Federal share of

7 the cost of carrying out this section shall be 50 per8 cent.

9 SEC. 441. CLIFF WALK IN NEWPORT, RHODE ISLAND.

10 The Secretary shall conduct a study to determine the

11 project deficiencies and identify the necessary measures

12 to restore the project for Cliff Walk in Newport, Rhode

13 Island to meet its authorized purpose.

14 SEC. 442. QUONSET POINT CHANNEL RECONNAISSANCE

15 STUDY.

16 The Secretary shall conduct a reconnaissance study

17 to determine the Federal interest in dredging the Quonset

18 Point navigation channel in Narragansett Bay, Rhode Is19 land.

20 TITLE V—MISCELLANEOUS

21 PROVISIONS

22 SEC. 501. VISITORS CENTERS.

23 (a) JOHN PAUL HAMMERSCHMIDT VISITORS CEN24 TER, ARKANSAS.—Section 103(e) of the Water Resources

25 Development Act of 1992 (106 Stat. 4813) is amended
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1 by striking ‘‘Arkansas River, Arkansas.’’ and inserting ‘‘at

2 Fort Smith, Arkansas, on land provided by the city of

3 Fort Smith.’’.

4 (b) LOWER MISSISSIPPI RIVER MUSEUM AND RIVER5 FRONT INTERPRETIVE SITE, MISSISSIPPI.—Section

6 103(c)(2) of the Water Resources Development Act of

7 1992 (106 Stat. 4811) is amended in the first sentence

8 by striking ‘‘in the vicinity of the Mississippi River Bridge

9 in Vicksburg, Mississippi.’’ and inserting ‘‘between the

10 Mississippi River Bridge and the waterfront in downtown

11 Vicksburg, Mississippi.’’.

12 SEC. 502. CALFED BAY-DELTA PROGRAM ASSISTANCE, CALI13 FORNIA.

14 (a) IN GENERAL.—The Secretary—

15 (1) may participate with the appropriate Fed16 eral and State agencies in the planning and manage17 ment activities associated with the CALFED Bay18 Delta Program referred to in the California Bay19 Delta Environmental Enhancement and Water Secu20 rity Act (division E of Public Law 104–208; 110

21 Stat. 3009–748); and

22 (2) shall, to the maximum extent practicable

23 and in accordance with applicable law, integrate the

24 activities of the Corps of Engineers in the San Joa-
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1 quin and Sacramento River basins with the long2 term goals of the CALFED Bay-Delta Program.

3 (b) COOPERATIVE ACTIVITIES.—In participating in

4 the CALFED Bay-Delta Program under subsection (a),

5 the Secretary may—

6 (1) accept and expend funds from other Federal

7 agencies and from non-Federal public, private, and

8 nonprofit entities to carry out ecosystem restoration

9 projects and activities associated with the CALFED

10 Bay-Delta Program; and

11 (2) in carrying out the projects and activities,

12 enter into contracts, cooperative research and devel13 opment agreements, and cooperative agreements

14 with Federal and non-Federal private, public, and

15 nonprofit entities.

16 (c) AREA COVERED BY PROGRAM.—For the purposes

17 of this section, the area covered by the CALFED Bay18 Delta Program shall be the San Francisco Bay/Sac19 ramento-San Joaquin Delta Estuary and its watershed

20 (known as the ‘‘Bay-Delta Estuary’’), as identified in the

21 Framework Agreement Between the Governor’s Water

22 Policy Council of the State of California and the Federal

23 Ecosystem Directorate.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $5,000,000 for each of fiscal years 2002 through 2005.

4 SEC. 503. LAKE SIDNEY LANIER, GEORGIA, HOME PRESER5 VATION.

6 (a) DEFINITIONS.—In this section:

7 (1) EASEMENT PROHIBITION.—The term ‘‘ease8 ment prohibition’’ means the rights acquired by the

9 United States in the flowage easements to prohibit

10 structures for human habitation.

11 (2) ELIGIBLE PROPERTY OWNER.—The term

12 ‘‘eligible property owner’’ means a person that owns

13 a structure for human habitation that was con14 structed before January 1, 2000, and is located on

15 fee land or in violation of the flowage easement.

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

17 the land acquired in fee title by the United States

18 for the Lake.

19 (4) FLOWAGE EASEMENT.—The term ‘‘flowage

20 easement’’ means an interest in land that the United

21 States acquired that provides the right to flood, to

22 the elevation of 1,085 feet above mean sea level

23 (among other rights), land surrounding the Lake.

24 (5) LAKE.—The term ‘‘Lake’’ means the Lake

25 Sidney Lanier, Georgia, project of the Corps of En-
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1 gineers authorized by the first section of the Act of

2 July 24, 1946 (60 Stat. 635, chapter 595).

3 (b) ESTABLISHMENT OF PROGRAM.—Not later than

4 120 days after the date of enactment of this Act, the Sec5 retary shall establish, and provide public notice of, a

6 program—

7 (1) to convey to eligible property owners the

8 right to maintain existing structures for human hab9 itation on fee land; or

10 (2) to release eligible property owners from the

11 easement prohibition as it applies to existing struc12 tures for human habitation on the flowage ease13 ments (if the floor elevation of the human habitation

14 area is above the elevation of 1,085 feet above mean

15 sea level).

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

17 Secretary shall promulgate regulations that—

18 (1) require the Corps of Engineers to suspend

19 any activities to require eligible property owners to

20 remove structures for human habitation that en21 croach on fee land or flowage easements;

22 (2) provide that a person that owns a structure

23 for human habitation on land adjacent to the Lake

24 shall have a period of 1 year after the date of enact25 ment of this Act—
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1 (A) to request that the Corps of Engineers

2 resurvey the property of the person to deter3 mine if the person is an eligible property owner

4 under this section; and

5 (B) to pay the costs of the resurvey to the

6 Secretary for deposit in the Corps of Engineers

7 account in accordance with section 2695 of title

8 10, United States Code;

9 (3) provide that when a determination is made,

10 through a private survey or through a boundary line

11 maintenance survey conducted by the Federal Gov12 ernment, that a structure for human habitation is

13 located on the fee land or a flowage easement—

14 (A) the Corps of Engineers shall imme15 diately notify the property owner by certified

16 mail; and

17 (B) the property owner shall have a period

18 of 90 days from receipt of the notice in which

19 to establish that the structure was constructed

20 prior to January 1, 2000, and that the property

21 owner is an eligible property owner under this

22 section;

23 (4) provide that any private survey shall be sub24 ject to review and approval by the Corps of Engi25 neers to ensure that the private survey conforms to
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1 the boundary line established by the Federal Govern2 ment;

3 (5) require the Corps of Engineers to offer to

4 an eligible property owner a conveyance or release

5 that—

6 (A) on fee land, conveys by quitclaim deed

7 the minimum land required to maintain the

8 human habitation structure, reserving the right

9 to flood to the elevation of 1,085 feet above

10 mean sea level, if applicable;

11 (B) in a flowage easement, releases by

12 quitclaim deed the easement prohibition;

13 (C) provides that—

14 (i) the existing structure shall not be

15 extended further onto fee land or into the

16 flowage easement; and

17 (ii) additional structures for human

18 habitation shall not be placed on fee land

19 or in a flowage easement; and

20 (D) provides that—

21 (i)(I) the United States shall not be

22 liable or responsible for damage to prop23 erty or injury to persons caused by oper24 ation of the Lake; and
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1 (II) no claim to compensation shall

2 accrue from the exercise of the flowage

3 easement rights; and

4 (ii) the waiver described in clause (i)

5 of any and all claims against the United

6 States shall be a covenant running with

7 the land and shall be fully binding on

8 heirs, successors, assigns, and purchasers

9 of the property subject to the waiver; and

10 (6) provide that the eligible property owner

11 shall—

12 (A) agree to an offer under paragraph (5)

13 not later than 90 days after the offer is made

14 by the Corps of Engineers; or

15 (B) comply with the real property rights of

16 the United States and remove the structure for

17 human habitation and any other unauthorized

18 real or personal property.

19 (d) OPTION TO PURCHASE INSURANCE.—Nothing in

20 this section precludes a property owner from purchasing

21 flood insurance to which the property owner may be eligi22 ble.

23 (e) PRIOR ENCROACHMENT RESOLUTIONS.—Nothing

24 in this section affects any resolution, before the date of

25 enactment of this Act, of an encroachment at the Lake,
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1 whether the resolution was effected through sale, ex2 change, voluntary removal, or alteration or removal

3 through litigation.

4 (f) PRIOR REAL PROPERTY RIGHTS.—Nothing in

5 this section—

6 (1) takes away, diminishes, or eliminates any

7 other real property rights acquired by the United

8 States at the Lake; or

9 (2) affects the ability of the United States to

10 require the removal of any and all encroachments

11 that are constructed or placed on United States real

12 property or flowage easements at the Lake after De13 cember 31, 1999.

14 SEC. 504. CONVEYANCE OF LIGHTHOUSE, ONTONAGON,

15 MICHIGAN.

16 (a) IN GENERAL.—The Secretary may convey to the

17 Ontonagon County Historical Society, at full Federal

18 expense—

19 (1) the lighthouse at Ontonagon, Michigan; and

20 (2) the land underlying and adjacent to the

21 lighthouse (including any improvements on the land)

22 that is under the jurisdiction of the Secretary.

23 (b) MAP.—The Secretary shall—

24 (1) determine—
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1 (A) the extent of the land conveyance

2 under this section; and

3 (B) the exact acreage and legal description

4 of the land to be conveyed under this section;

5 and

6 (2) prepare a map that clearly identifies any

7 land to be conveyed.

8 (c) CONDITIONS.—The Secretary may—

9 (1) obtain all necessary easements and rights10 of-way; and

11 (2) impose such terms, conditions, reservations,

12 and restrictions on the conveyance;

13 as the Secretary determines to be necessary to protect the

14 public interest.

15 (d) ENVIRONMENTAL RESPONSE.—To the extent re16 quired under any applicable law, the Secretary shall be

17 responsible for any necessary environmental response re18 quired as a result of the prior Federal use or ownership

19 of the land and improvements conveyed under this section.

20 (e) RESPONSIBILITIES AFTER CONVEYANCE.—After

21 the conveyance of land under this section, the Ontonagon

22 County Historical Society shall be responsible for any ad23 ditional operation, maintenance, repair, rehabilitation, or

24 replacement costs associated with—

25 (1) the lighthouse; or
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1 (2) the conveyed land and improvements.

2 (f) APPLICABILITY OF ENVIRONMENTAL LAW.—

3 Nothing in this section affects the potential liability of any

4 person under any applicable environmental law.

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

6 Section 563(c) of the Water Resources Development

7 Act of 1999 (113 Stat. 357) is amended—

8 (1) in paragraph (1)(B), by striking ‘‘a de9 ceased’’ and inserting ‘‘an’’; and

10 (2) by adding at the end the following:

11 ‘‘(4) COSTS OF NEPA COMPLIANCE.—The Fed12 eral Government shall assume the costs of any Fed13 eral action under this subsection that is carried out

14 for the purpose of section 102 of the National Envi15 ronmental Policy Act of 1969 (42 U.S.C. 4332).

16 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated such sums

18 as are necessary to carry out this subsection.’’.

19 SEC. 506. LAND CONVEYANCE, RICHARD B. RUSSELL DAM

20 AND LAKE, SOUTH CAROLINA.

21 Section 563 of the Water Resources Development Act

22 of 1999 (113 Stat. 355) is amended by striking subsection

23 (i) and inserting the following:

24 ‘‘(i) RICHARD B. RUSSELL DAM AND LAKE, SOUTH

25 CAROLINA.—
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1 ‘‘(1) IN GENERAL.—The Secretary shall convey

2 to the State of South Carolina all right, title, and

3 interest of the United States in and to the parcels

4 of land described in paragraph (2)(A) that are being

5 managed, as of August 17, 1999, by the South

6 Carolina Department of Natural Resources for fish

7 and wildlife mitigation purposes for the Richard B.

8 Russell Dam and Lake, South Carolina, project au9 thorized by section 203 of the Flood Control Act of

10 1966 (80 Stat. 1420).

11 ‘‘(2) LAND DESCRIPTION.—

12 ‘‘(A) IN GENERAL.—The parcels of land to

13 be conveyed are described in Exhibits A, F, and

14 H of Army Lease No. DACW21–1–93–0910

15 and associated supplemental agreements.

16 ‘‘(B) SURVEY.—The exact acreage and

17 legal description of the land shall be determined

18 by a survey satisfactory to the Secretary, with

19 the cost of the survey borne by the State.

20 ‘‘(3) COSTS OF CONVEYANCE.—The State shall

21 be responsible for all costs, including real estate

22 transaction and environmental compliance costs, as23 sociated with the conveyance.

24 ‘‘(4) PERPETUAL STATUS.—
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1 ‘‘(A) IN GENERAL.—All land conveyed

2 under this subsection shall be retained in public

3 ownership and shall be managed in perpetuity

4 for fish and wildlife mitigation purposes in ac5 cordance with a plan approved by the Secretary.

6 ‘‘(B) REVERSION.—If any parcel of land is

7 not managed for fish and wildlife mitigation

8 purposes in accordance with the plan, title to

9 the parcel shall revert to the United States.

10 ‘‘(5) ADDITIONAL TERMS AND CONDITIONS.—

11 The Secretary may require such additional terms

12 and conditions in connection with the conveyance

13 under this subsection as the Secretary considers ap14 propriate to protect the interests of the United

15 States.

16 ‘‘(6) FISH AND WILDLIFE MITIGATION AGREE17 MENT.—

18 ‘‘(A) IN GENERAL.—The Secretary shall

19 pay the State of South Carolina $4,850,000,

20 subject to the Secretary and the State entering

21 into a binding agreement for the State to man22 age for fish and wildlife mitigation purposes in

23 perpetuity the parcels of land conveyed under

24 this subsection.
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1 ‘‘(B) FAILURE OF PERFORMANCE.—The

2 agreement shall specify the terms and condi3 tions under which payment will be made and

4 the rights of, and remedies available to, the

5 Federal Government to recover all or a portion

6 of the payment if the State fails to manage any

7 parcel in a manner satisfactory to the Sec8 retary.’’.

9 SEC. 507. CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE

10 SIOUX TRIBE, AND STATE OF SOUTH DAKOTA

11 TERRESTRIAL WILDLIFE HABITAT RESTORA12 TION.

13 (a) TERRESTRIAL WILDLIFE HABITAT RESTORA14 TION.—Section 602 of the Water Resources Development

15 Act of 1999 (113 Stat. 385) is amended—

16 (1) in subsection (a)(4)(C)(i), by striking sub17 clause (I) and inserting the following:

18 ‘‘(I) fund, from funds made

19 available for operation and mainte20 nance under the Pick-Sloan Missouri

21 River Basin program and through

22 grants to the State of South Dakota,

23 the Cheyenne River Sioux Tribe, and

24 the Lower Brule Sioux Tribe—
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1 ‘‘(aa) the terrestrial wildlife

2 habitat restoration programs

3 being carried out as of August

4 17, 1999, on Oahe and Big Bend

5 project land at a level that does

6 not exceed the greatest amount

7 of funding that was provided for

8 the programs during a previous

9 fiscal year; and

10 ‘‘(bb) the carrying out of

11 plans developed under this sec12 tion; and’’; and

13 (2) in subsection (b)(4)(B), by striking ‘‘section

14 604(d)(3)(A)(iii)’’ and inserting ‘‘section

15 604(d)(3)(A)’’.

16 (b) SOUTH DAKOTA TERRESTRIAL WILDLIFE HABI17 TAT RESTORATION TRUST FUND.—Section 603 of the

18 Water Resources Development Act of 1999 (113 Stat.

19 388) is amended—

20 (1) in subsection (c)(2), by striking ‘‘The’’ and

21 inserting ‘‘In consultation with the State of South

22 Dakota, the’’; and

23 (2) in subsection (d)—
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1 (A) in paragraph (2), by inserting ‘‘De2 partment of Game, Fish and Parks of the’’ be3 fore ‘‘State of’’; and

4 (B) in paragraph (3)(A)(ii)—

5 (i) in subclause (I), by striking

6 ‘‘transferred’’ and inserting ‘‘transferred,

7 or to be transferred,’’; and

8 (ii) by striking subclause (II) and in9 serting the following:

10 ‘‘(II) fund all costs associated

11 with the lease, ownership, manage12 ment, operation, administration,

13 maintenance, or development of recre14 ation areas and other land that are

15 transferred, or to be transferred, to

16 the State of South Dakota by the Sec17 retary;’’.

18 (c) CHEYENNE RIVER SIOUX TRIBE AND LOWER

19 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABITAT

20 RESTORATION TRUST FUNDS.—Section 604 of the Water

21 Resources Development Act of 1999 (113 Stat. 389) is

22 amended—

23 (1) in subsection (c)(2), by striking ‘‘The’’ and

24 inserting ‘‘In consultation with the Cheyenne River

25 Sioux Tribe and Lower Brule Sioux Tribe, the’’; and
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1 (2) in subsection (d)—

2 (A) in paragraph (2), by inserting ‘‘as trib3 al funds’’ after ‘‘for use’’; and

4 (B) in paragraph (3)(A)(ii)—

5 (i) in subclause (I), by striking

6 ‘‘transferred’’ and inserting ‘‘transferred,

7 or to be transferred,’’; and

8 (ii) by striking subclause (II) and in9 serting the following:

10 ‘‘(II) fund all costs associated

11 with the lease, ownership, manage12 ment, operation, administration,

13 maintenance, or development of recre14 ation areas and other land that are

15 transferred, or to be transferred, to

16 the respective affected Indian Tribe

17 by the Secretary;’’.

18 (d) TRANSFER OF FEDERAL LAND TO STATE OF

19 SOUTH DAKOTA.—Section 605 of the Water Resources

20 Development Act of 1999 (113 Stat. 390) is amended—

21 (1) in subsection (a)(1)—

22 (A) in subparagraph (B), by striking ‘‘in

23 perpetuity’’ and inserting ‘‘for the life of the

24 Mni Wiconi project’’;
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1 (B) by redesignating subparagraph (B) as

2 subparagraph (C); and

3 (C) by inserting after subparagraph (A)

4 the following:

5 ‘‘(B) DEADLINE FOR TRANSFER OF

6 RECREATION AREAS.—Under subparagraph (A),

7 the Secretary shall transfer recreation areas not

8 later than January 1, 2002.’’;

9 (2) in subsection (c)—

10 (A) by redesignating paragraph (1) as

11 paragraph (1)(A);

12 (B) by redesignating paragraphs (2)

13 through (4) as subparagraphs (B) through (D),

14 respectively, of paragraph (1);

15 (C) in paragraph (1)—

16 (i) in subparagraph (C), (as redesig17 nated by subparagraph (B)), by inserting

18 ‘‘and’’ after the semicolon; and

19 (ii) in subparagraph (D) (as redesig20 nated by subparagraph (B)), by striking

21 ‘‘and’’ and inserting ‘‘or’’; and

22 (D) by redesignating paragraph (5) as

23 paragraph (2);

24 (3) in subsection (d), by striking paragraph (2)

25 and inserting the following:
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1 ‘‘(2) STRUCTURES.—

2 ‘‘(A) IN GENERAL.—The map shall iden3 tify all land and structures to be retained as

4 necessary for continuation of the operation,

5 maintenance, repair, replacement, rehabilita6 tion, and structural integrity of the dams and

7 related flood control and hydropower structures.

8 ‘‘(B) LEASE OF RECREATION AREAS.—

9 ‘‘(i) IN GENERAL.—The Secretary

10 shall lease to the State of South Dakota in

11 perpetuity all or part of the following

12 recreation areas, within the boundaries de13 termined under clause (ii), that are adja14 cent to land received by the State of South

15 Dakota under this title:

16 ‘‘(I) OAHE DAM AND LAKE.—

17 ‘‘(aa) Downstream Recre18 ation Area.

19 ‘‘(bb) West Shore Recre20 ation Area.

21 ‘‘(cc) East Shore Recreation

22 Area.

23 ‘‘(dd) Tailrace Recreation

24 Area.
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1 ‘‘(II) FORT RANDALL DAM AND

2 LAKE FRANCIS CASE.—

3 ‘‘(aa) Randall Creek Recre4 ation Area.

5 ‘‘(bb) South Shore Recre6 ation Area.

7 ‘‘(cc) Spillway Recreation

8 Area.

9 ‘‘(III) GAVINS POINT DAM AND

10 LEWIS AND CLARK LAKE.—Pierson

11 Ranch Recreation Area.

12 ‘‘(ii) LEASE BOUNDARIES.—The Sec13 retary shall determine the boundaries of

14 the recreation areas in consultation with

15 the State of South Dakota.’’;

16 (4) in subsection (f)(1), by striking ‘‘Federal

17 law’’ and inserting ‘‘a Federal law specified in sec18 tion 607(a)(6) or any other Federal law’’;

19 (5) in subsection (g), by striking paragraph (3)

20 and inserting the following:

21 ‘‘(3) EASEMENTS AND ACCESS.—

22 ‘‘(A) IN GENERAL.—Not later than 180

23 days after a request by the State of South Da24 kota, the Secretary shall provide to the State of

25 South Dakota easements and access on land
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1 and water below the level of the exclusive flood

2 pool outside Indian reservations in the State of

3 South Dakota for recreational and other pur4 poses (including for boat docks, boat ramps,

5 and related structures).

6 ‘‘(B) NO EFFECT ON MISSION.—The ease7 ments and access referred to in subparagraph

8 (A) shall not prevent the Corps from carrying

9 out its mission under the Act entitled ‘An Act

10 authorizing the construction of certain public

11 works on rivers and harbors for flood control,

12 and for other purposes’, approved December 22,

13 1944 (commonly known as the ‘Flood Control

14 Act of 1944’) (58 Stat. 887)).’’;

15 (6) in subsection (h), by striking ‘‘of this Act’’

16 and inserting ‘‘of law’’; and

17 (7) by adding at the end the following:

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

19 ‘‘(1) IN GENERAL.—Not later than 10 years

20 after the date of enactment of this subsection, the

21 Secretary shall clean up each open dump and haz22 ardous waste site identified by the Secretary and lo23 cated on the land and recreation areas described in

24 subsections (b) and (c).
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1 ‘‘(2) FUNDING.—Cleanup activities under para2 graph (1) shall be funded solely from funds made

3 available for operation and maintenance under the

4 Pick-Sloan Missouri River Basin program.

5 ‘‘(k) CULTURAL RESOURCES ADVISORY COMMIS6 SION.—

7 ‘‘(1) IN GENERAL.—The State of South Da8 kota, the Cheyenne River Sioux Tribe, and the

9 Lower Brule Sioux Tribe may establish an advisory

10 commission to be known as the ‘Cultural Resources

11 Advisory Commission’ (referred to in this subsection

12 as the ‘Commission’).

13 ‘‘(2) MEMBERSHIP.—The Commission shall be

14 composed of—

15 ‘‘(A) 1 member representing the State of

16 South Dakota;

17 ‘‘(B) 1 member representing the Cheyenne

18 River Sioux Tribe;

19 ‘‘(C) 1 member representing the Lower

20 Brule Sioux Tribe; and

21 ‘‘(D) upon unanimous vote of the members

22 of the Commission described in subparagraphs

23 (A) through (C), a member representing a fed24 erally recognized Indian Tribe located in the

25 State of North Dakota or South Dakota that is
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1 historically or traditionally affiliated with the

2 Missouri River Basin in South Dakota.

3 ‘‘(3) DUTY.—The duty of the Commission shall

4 be to provide advice on the identification, protection,

5 and preservation of cultural resources on the land

6 and recreation areas described in subsections (b)

7 and (c) of this section and subsections (b) and (c)

8 of section 606.

9 ‘‘(4) RESPONSIBILITIES, POWERS, AND ADMIN10 ISTRATION.—The Governor of the State of South

11 Dakota, the Chairman of the Cheyenne River Sioux

12 Tribe, and the Chairman of the Lower Brule Sioux

13 Tribe are encouraged to unanimously enter into a

14 formal written agreement, not later than 1 year

15 after the date of enactment of this subsection, to es16 tablish the role, responsibilities, powers, and admin17 istration of the Commission.

18 ‘‘(l) INVENTORY AND STABILIZATION OF CULTURAL

19 AND HISTORIC SITES.—

20 ‘‘(1) IN GENERAL.—Not later than 10 years

21 after the date of enactment of this subsection, the

22 Secretary, through contracts entered into with the

23 State of South Dakota, the affected Indian Tribes,

24 and other Indian Tribes in the States of North Da25 kota and South Dakota, shall inventory and stabilize
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1 each cultural site and historic site located on the

2 land and recreation areas described in subsections

3 (b) and (c).

4 ‘‘(2) FUNDING.—Inventory and stabilization ac5 tivities under paragraph (1) shall be funded solely

6 from funds made available for operation and mainte7 nance under the Pick-Sloan Missouri River Basin

8 program.’’.

9 (e) TRANSFER OF CORPS OF ENGINEERS LAND FOR

10 AFFECTED INDIAN TRIBES.—Section 606 of the Water

11 Resources Development Act of 1999 (113 Stat. 393) is

12 amended—

13 (1) in subsection (a)(1), by striking ‘‘The Sec14 retary’’ and inserting ‘‘Not later than January 1,

15 2002, the Secretary’’;

16 (2) in subsection (b)(1), by striking ‘‘Big Bend

17 and Oahe’’ and inserting ‘‘Oahe, Big Bend, and

18 Fort Randall’’;

19 (3) in subsection (d), by striking paragraph (2)

20 and inserting the following:

21 ‘‘(2) STRUCTURES.—

22 ‘‘(A) IN GENERAL.—The map shall iden23 tify all land and structures to be retained as

24 necessary for continuation of the operation,

25 maintenance, repair, replacement, rehabilita-
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1 tion, and structural integrity of the dams and

2 related flood control and hydropower structures.

3 ‘‘(B) LEASE OF RECREATION AREAS.—

4 ‘‘(i) IN GENERAL.—The Secretary

5 shall lease to the Lower Brule Sioux Tribe

6 in perpetuity all or part of the following

7 recreation areas at Big Bend Dam and

8 Lake Sharpe:

9 ‘‘(I) Left Tailrace Recreation

10 Area.

11 ‘‘(II) Right Tailrace Recreation

12 Area.

13 ‘‘(III) Good Soldier Creek Recre14 ation Area.

15 ‘‘(ii) LEASE BOUNDARIES.—The Sec16 retary shall determine the boundaries of

17 the recreation areas in consultation with

18 the Lower Brule Sioux Tribe.’’;

19 (4) in subsection (f)—

20 (A) in paragraph (1), by striking ‘‘Federal

21 law’’ and inserting ‘‘a Federal law specified in

22 section 607(a)(6) or any other Federal law’’;

23 (B) in paragraph (2), by striking subpara24 graph (C) and inserting the following:

25 ‘‘(C) EASEMENTS AND ACCESS.—
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1 ‘‘(i) IN GENERAL.—Not later than

2 180 days after a request by an affected In3 dian Tribe, the Secretary shall provide to

4 the affected Indian Tribe easements and

5 access on land and water below the level of

6 the exclusive flood pool inside the Indian

7 reservation of the affected Indian Tribe for

8 recreational and other purposes (including

9 for boat docks, boat ramps, and related

10 structures).

11 ‘‘(ii) NO EFFECT ON MISSION.—The

12 easements and access referred to in clause

13 (i) shall not prevent the Corps from car14 rying out its mission under the Act entitled

15 ‘An Act authorizing the construction of

16 certain public works on rivers and harbors

17 for flood control, and for other purposes’,

18 approved December 22, 1944 (commonly

19 known as the ‘Flood Control Act of 1944’)

20 (58 Stat. 887)).’’; and

21 (C) in paragraph (3)(B), by inserting be22 fore the period at the end the following: ‘‘that

23 were administered by the Corps of Engineers as

24 of the date of the land transfer.’’; and

25 (5) by adding at the end the following:
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1 ‘‘(h) CLEANUP OF LAND AND RECREATION AREAS.—

2 ‘‘(1) IN GENERAL.—Not later than 10 years

3 after the date of enactment of this subsection, the

4 Secretary shall clean up each open dump and haz5 ardous waste site identified by the Secretary and lo6 cated on the land and recreation areas described in

7 subsections (b) and (c).

8 ‘‘(2) FUNDING.—Cleanup activities under para9 graph (1) shall be funded solely from funds made

10 available for operation and maintenance under the

11 Pick-Sloan Missouri River Basin program.

12 ‘‘(i) INVENTORY AND STABILIZATION OF CULTURAL

13 AND HISTORIC SITES.—

14 ‘‘(1) IN GENERAL.—Not later than 10 years

15 after the date of enactment of this subsection, the

16 Secretary, in consultation with the Cultural Re17 sources Advisory Commission established under sec18 tion 605(k) and through contracts entered into with

19 the State of South Dakota, the affected Indian

20 Tribes, and other Indian Tribes in the States of

21 North Dakota and South Dakota, shall inventory

22 and stabilize each cultural site and historic site lo23 cated on the land and recreation areas described in

24 subsections (b) and (c).
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1 ‘‘(2) FUNDING.—Inventory and stabilization ac2 tivities under paragraph (1) shall be funded solely

3 from funds made available for operation and mainte4 nance under the Pick-Sloan Missouri River Basin

5 program.

6 ‘‘(j) SEDIMENT CONTAMINATION.—

7 ‘‘(1) IN GENERAL.—Not later than 10 years

8 after the date of enactment of this subsection, the

9 Secretary shall—

10 ‘‘(A) complete a study of sediment con11 tamination in the Cheyenne River; and

12 ‘‘(B) take appropriate remedial action to

13 eliminate any public health and environmental

14 risk posed by the contaminated sediment.

15 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

16 There are authorized to be appropriated such sums

17 as are necessary to carry out paragraph (1).’’.

18 (f) BUDGET CONSIDERATIONS.—Section 607 of the

19 Water Resources Development Act of 1999 (113 Stat.

20 395) is amended by adding at the end the following:

21 ‘‘(d) BUDGET CONSIDERATIONS.—

22 ‘‘(1) IN GENERAL.—In developing an annual

23 budget to carry out this title, the Corps of Engineers

24 shall consult with the State of South Dakota and the

25 affected Indian Tribes.
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1 ‘‘(2) INCLUSIONS; AVAILABILITY.—The budget

2 referred to in paragraph (1) shall—

3 ‘‘(A) be detailed;

4 ‘‘(B) include all necessary tasks and asso5 ciated costs; and

6 ‘‘(C) be made available to the State of

7 South Dakota and the affected Indian Tribes at

8 the time at which the Corps of Engineers sub9 mits the budget to Congress.’’.

10 (g) AUTHORIZATION OF APPROPRIATIONS.—Section

11 609 of the Water Resources Development Act of 1999

12 (113 Stat. 396) is amended by striking subsection (a) and

13 inserting the following:

14 ‘‘(a) SECRETARY.—

15 ‘‘(1) IN GENERAL.—There are authorized to be

16 appropriated to the Secretary for each fiscal year

17 such sums as are necessary—

18 ‘‘(A) to pay the administrative expenses in19 curred by the Secretary in carrying out this

20 title;

21 ‘‘(B) to fund the implementation of terres22 trial wildlife habitat restoration plans under

23 section 602(a);

24 ‘‘(C) to fund activities described in sections

25 603(d)(3) and 604(d)(3) with respect to land
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1 and recreation areas transferred, or to be trans2 ferred, to an affected Indian Tribe or the State

3 of South Dakota under section 605 or 606; and

4 ‘‘(D) to fund the annual expenses (not to

5 exceed the Federal cost as of August 17, 1999)

6 of operating recreation areas transferred, or to

7 be transferred, under sections 605(c) and

8 606(c) to, or leased by, the State of South Da9 kota or an affected Indian Tribe, until such

10 time as the trust funds under sections 603 and

11 604 are fully capitalized.

12 ‘‘(2) ALLOCATIONS.—

13 ‘‘(A) IN GENERAL.—For each fiscal year,

14 the Secretary shall allocate the amounts made

15 available under subparagraphs (B), (C), and

16 (D) of paragraph (1) as follows:

17 ‘‘(i) $1,000,000 (or, if a lesser

18 amount is so made available for the fiscal

19 year, the lesser amount) shall be allocated

20 equally among the State of South Dakota,

21 the Cheyenne River Sioux Tribe, and the

22 Lower Brule Sioux Tribe, for use in ac23 cordance with paragraph (1).
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1 ‘‘(ii) Any amounts remaining after the

2 allocation under clause (i) shall be allo3 cated as follows:

4 ‘‘(I) 65 percent to the State of

5 South Dakota.

6 ‘‘(II) 26 percent to the Cheyenne

7 River Sioux Tribe.

8 ‘‘(III) 9 percent to the Lower

9 Brule Sioux Tribe.

10 ‘‘(B) USE OF ALLOCATIONS.—Amounts al11 located under subparagraph (A) may be used at

12 the option of the recipient for any purpose de13 scribed in subparagraph (B), (C), or (D) of

14 paragraph (1).’’.

15 (h) CLARIFICATION OF REFERENCES TO INDIAN

16 TRIBES.—

17 (1) DEFINITIONS.—Section 601 of the Water

18 Resources Development Act of 1999 (113 Stat. 385)

19 is amended by striking paragraph (1) and inserting

20 the following:

21 ‘‘(1) AFFECTED INDIAN TRIBE.—The term ‘af22 fected Indian Tribe’ means each of the Cheyenne

23 River Sioux Tribe and the Lower Brule Sioux

24 Tribe.’’.
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1 (2) TERRESTRIAL WILDLIFE HABITAT RES2 TORATION.—Section 602(b)(4)(B) of the Water Re3 sources Development Act of 1999 (113 Stat. 388) is

4 amended by striking ‘‘the Tribe’’ and inserting ‘‘the

5 affected Indian Tribe’’.

6 (3) CHEYENNE RIVER SIOUX TRIBE AND LOWER

7 BRULE SIOUX TRIBE TERRESTRIAL WILDLIFE HABI8 TAT RESTORATION TRUST FUNDS.—Section

9 604(d)(3)(A) of the Water Resources Development

10 Act of 1999 (113 Stat. 390) is amended by striking

11 ‘‘the respective Tribe’’ each place it appears and in12 serting ‘‘the respective affected Indian Tribe’’.

13 (4) TRANSFER OF FEDERAL LAND TO STATE OF

14 SOUTH DAKOTA.—Section 605 of the Water Re15 sources Development Act of 1999 (113 Stat. 390) is

16 amended—

17 (A) in subsection (b)(3), by striking ‘‘an

18 Indian Tribe’’ and inserting ‘‘any Indian

19 Tribe’’; and

20 (B) in subsection (c)(1)(B) (as redesig21 nated by subsection (d)(2)(B)), by striking ‘‘an

22 Indian Tribe’’ and inserting ‘‘any Indian

23 Tribe’’.

24 (5) TRANSFER OF CORPS OF ENGINEERS LAND

25 FOR AFFECTED INDIAN TRIBES.—Section 606 of the
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1 Water Resources Development Act of 1999 (113

2 Stat. 393) is amended—

3 (A) in the section heading, by striking

4 ‘‘INDIAN TRIBES’’ and inserting ‘‘AFFECTED

5 INDIAN TRIBES’’;

6 (B) in paragraphs (1) and (4) of sub7 section (a), by striking ‘‘the Indian Tribes’’

8 each place it appears and inserting ‘‘the af9 fected Indian Tribes’’;

10 (C) in subsection (c)(2), by striking ‘‘an

11 Indian Tribe’’ and inserting ‘‘any Indian

12 Tribe’’;

13 (D) in subsection (f)(2)(B)(i)—

14 (i) by striking ‘‘the respective tribes’’

15 and inserting ‘‘the respective affected In16 dian Tribes’’; and

17 (ii) by striking ‘‘the respective

18 Tribe’s’’ and inserting ‘‘the respective af19 fected Indian Tribe’s’’; and

20 (E) in subsection (g), by striking ‘‘an In21 dian Tribe’’ and inserting ‘‘any Indian Tribe’’.

22 (6) ADMINISTRATION.—Section 607(a) of the

23 Water Resources Development Act of 1999 (113

24 Stat. 395) is amended by striking ‘‘an Indian Tribe’’
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1 each place it appears and inserting ‘‘any Indian

2 Tribe’’.

3 SEC. 508. EXPORT OF WATER FROM GREAT LAKES.

4 (a) ADDITIONAL FINDING.—Section 1109(b) of the

5 Water Resources Development Act of 1986 (42 U.S.C.

6 1962d–20(b)) is amended by redesignating paragraphs (2)

7 and (3) as paragraphs (3) and (4), and by inserting after

8 paragraph (1) the following:

9 ‘‘(2) to encourage the Great Lakes States, in

10 consultation with the Provinces of Ontario and Que11 bec, to develop and implement a mechanism that

12 provides a common conservation standard embodying

13 the principles of water conservation and resource im14 provement for making decisions concerning the with15 drawal and use of water from the Great Lakes

16 Basin;’’.

17 (b) APPROVAL OF GOVERNORS FOR EXPORT OF

18 WATER.—Section 1109(d) of the Water Resources Devel19 opment Act of 1986 (42 U.S.C. 1962d–20(d)) is amended

20 by—

21 (1) inserting ‘‘or exported’’ after ‘‘diverted’’;

22 and

23 (2) inserting ‘‘or export’’ after ‘‘diversion’’.

24 (c) SENSE OF THE CONGRESS.—It is the Sense of

25 the Congress that the Secretary of State should work with
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1 the Canadian Government to encourage and support the

2 Provinces in the development and implementation of a

3 mechanism and standard concerning the withdrawal and

4 use of water from the Great Lakes Basin consistent with

5 those mechanisms and standards developed by the Great

6 Lakes States.

7 TITLE VI—COMPREHENSIVE EV8 ERGLADES RESTORATION

9 PLAN

10 SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION

11 PLAN.

12 (a) DEFINITIONS.—In this section:

13 (1) CENTRAL AND SOUTHERN FLORIDA

14 PROJECT.—

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

16 Southern Florida Project’’ means the project

17 for Central and Southern Florida authorized

18 under the heading ‘‘CENTRAL AND SOUTHERN

19 FLORIDA’’ in section 203 of the Flood Control

20 Act of 1948 (62 Stat. 1176).

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

22 Southern Florida Project’’ includes any modi23 fication to the project authorized by this section

24 or any other provision of law.
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1 (2) GOVERNOR.—The term ‘‘Governor’’ means

2 the Governor of the State of Florida.

3 (3) NATURAL SYSTEM.—

4 (A) IN GENERAL.—The term ‘‘natural sys5 tem’’ means all land and water managed by the

6 Federal Government or the State within the

7 South Florida ecosystem.

8 (B) INCLUSIONS.—The term ‘‘natural sys9 tem’’ includes—

10 (i) water conservation areas;

11 (ii) sovereign submerged land;

12 (iii) Everglades National Park;

13 (iv) Biscayne National Park;

14 (v) Big Cypress National Preserve;

15 (vi) other Federal or State (including

16 a political subdivision of a State) land that

17 is designated and managed for conserva18 tion purposes; and

19 (vii) any tribal land that is designated

20 and managed for conservation purposes, as

21 approved by the tribe.

22 (4) PLAN.—The term ‘‘Plan’’ means the Com23 prehensive Everglades Restoration Plan contained in

24 the ‘‘Final Integrated Feasibility Report and Pro-
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1 grammatic Environmental Impact Statement’’, dated

2 April 1, 1999, as modified by this section.

3 (5) SOUTH FLORIDA ECOSYSTEM.—

4 (A) IN GENERAL.—The term ‘‘South Flor5 ida ecosystem’’ means the area consisting of the

6 land and water within the boundary of the

7 South Florida Water Management District in

8 effect on July 1, 1999.

9 (B) INCLUSIONS.—The term ‘‘South Flor10 ida ecosystem’’ includes—

11 (i) the Everglades;

12 (ii) the Florida Keys; and

13 (iii) the contiguous near-shore coastal

14 water of South Florida.

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

16 of Florida.

17 (b) COMPREHENSIVE EVERGLADES RESTORATION

18 PLAN.—

19 (1) APPROVAL.—

20 (A) IN GENERAL.—Except as modified by

21 this section, the Plan is approved as a frame22 work for modifications and operational changes

23 to the Central and Southern Florida Project

24 that are needed to restore, preserve, and protect

25 the South Florida ecosystem while providing for
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1 other water-related needs of the region, includ2 ing water supply and flood protection. The Plan

3 shall be implemented to ensure the protection of

4 water quality in, the reduction of the loss of

5 fresh water from, and the improvement of the

6 environment of the South Florida ecosystem

7 and to achieve and maintain the benefits to the

8 natural system and human environment de9 scribed in the Plan, and required pursuant to

10 this section, for as long as the project is author11 ized.

12 (B) INTEGRATION.—In carrying out the

13 Plan, the Secretary shall integrate the activities

14 described in subparagraph (A) with ongoing

15 Federal and State projects and activities in ac16 cordance with section 528(c) of the Water Re17 sources Development Act of 1996 (110 Stat.

18 3769). Unless specifically provided herein, noth19 ing in this section shall be construed to modify

20 any existing cost share or responsibility for

21 projects as listed in subsection (c) or (e) of sec22 tion 528 of the Water Resources Development

23 Act of 1996 (110 Stat. 3769).

24 (2) SPECIFIC AUTHORIZATIONS.—

25 (A) IN GENERAL.—
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1 (i) PROJECTS.—The Secretary shall

2 carry out the projects included in the Plan

3 in accordance with subparagraphs (B),

4 (C), (D) and (E).

5 (ii) CONSIDERATIONS.—In carrying

6 out activities described in the Plan, the

7 Secretary shall—

8 (I) take into account the protec9 tion of water quality by considering

10 applicable State water quality stand11 ards; and

12 (II) include such features as the

13 Secretary determines are necessary to

14 ensure that all ground water and sur15 face water discharges from any

16 project feature authorized by this sub17 section will meet all applicable water

18 quality standards and applicable water

19 quality permitting requirements.

20 (iii) REVIEW AND COMMENT.—In de21 veloping the projects authorized under sub22 paragraph (B), the Secretary shall provide

23 for public review and comment in accord24 ance with applicable Federal law.
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1 (B) PILOT PROJECTS.—The following pilot

2 projects are authorized for implementation,

3 after review and approval by the Secretary, at

4 a total cost of $69,000,000, with an estimated

5 Federal cost of $34,500,000 and an estimated

6 non-Federal cost of $34,500,000:

7 (i) Caloosahatchee River (C–43)

8 Basin ASR, at a total cost of $6,000,000,

9 with an estimated Federal cost of

10 $3,000,000 and an estimated non-Federal

11 cost of $3,000,000.

12 (ii) Lake Belt In-Ground Reservoir

13 Technology, at a total cost of $23,000,000,

14 with an estimated Federal cost of

15 $11,500,000 and an estimated non-Federal

16 cost of $11,500,000.

17 (iii) L–31N Seepage Management, at

18 a total cost of $10,000,000, with an esti19 mated Federal cost of $5,000,000 and an

20 estimated non-Federal cost of $5,000,000.

21 (iv) Wastewater Reuse Technology, at

22 a total cost of $30,000,000, with an esti23 mated Federal cost of $15,000,000 and an

24 estimated non-Federal cost of

25 $15,000,000.
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1 (C) INITIAL PROJECTS.—The following

2 projects are authorized for implementation,

3 after review and approval by the Secretary, sub4 ject to the conditions stated in subparagraph

5 (D), at a total cost of $1,100,918,000, with an

6 estimated Federal cost of $550,459,000 and an

7 estimated non-Federal cost of $550,459,000:

8 (i) C–44 Basin Storage Reservoir, at

9 a total cost of $112,562,000, with an esti10 mated Federal cost of $56,281,000 and an

11 estimated non-Federal cost of

12 $56,281,000.

13 (ii) Everglades Agricultural Area

14 Storage Reservoirs—Phase I, at a total

15 cost of $233,408,000, with an estimated

16 Federal cost of $116,704,000 and an esti17 mated non-Federal cost of $116,704,000.

18 (iii) Site 1 Impoundment, at a total

19 cost of $38,535,000, with an estimated

20 Federal cost of $19,267,500 and an esti21 mated non-Federal cost of $19,267,500.

22 (iv) Water Conservation Areas 3A/3B

23 Levee Seepage Management, at a total cost

24 of $100,335,000, with an estimated Fed-
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1 eral cost of $50,167,500 and an estimated

2 non-Federal cost of $50,167,500.

3 (v) C–11 Impoundment and

4 Stormwater Treatment Area, at a total

5 cost of $124,837,000, with an estimated

6 Federal cost of $62,418,500 and an esti7 mated non-Federal cost of $62,418,500.

8 (vi) C–9 Impoundment and

9 Stormwater Treatment Area, at a total

10 cost of $89,146,000, with an estimated

11 Federal cost of $44,573,000 and an esti12 mated non-Federal cost of $44,573,000.

13 (vii) Taylor Creek/Nubbin Slough

14 Storage and Treatment Area, at a total

15 cost of $104,027,000, with an estimated

16 Federal cost of $52,013,500 and an esti17 mated non-Federal cost of $52,013,500.

18 (viii) Raise and Bridge East Portion

19 of Tamiami Trail and Fill Miami Canal

20 within Water Conservation Area 3, at a

21 total cost of $26,946,000, with an esti22 mated Federal cost of $13,473,000 and an

23 estimated non-Federal cost of

24 $13,473,000.
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1 (ix) North New River Improvements,

2 at a total cost of $77,087,000, with an es3 timated Federal cost of $38,543,500 and

4 an estimated non-Federal cost of

5 $38,543,500.

6 (x) C–111 Spreader Canal, at a total

7 cost of $94,035,000, with an estimated

8 Federal cost of $47,017,500 and an esti9 mated non-Federal cost of $47,017,500.

10 (xi) Adaptive Assessment and Moni11 toring Program, at a total cost of

12 $100,000,000, with an estimated Federal

13 cost of $50,000,000 and an estimated non14 Federal cost of $50,000,000.

15 (D) CONDITIONS.—

16 (i) PROJECT IMPLEMENTATION RE17 PORTS.—Before implementation of a

18 project described in any of clauses (i)

19 through (x) of subparagraph (C), the Sec20 retary shall review and approve for the

21 project a project implementation report

22 prepared in accordance with subsections (f)

23 and (h).

24 (ii) SUBMISSION OF REPORT.—The

25 Secretary shall submit to the Committee
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1 on Transportation and Infrastructure of

2 the House of Representatives and the

3 Committee on Environment and Public

4 Works of the Senate the project implemen5 tation report required by subsections (f)

6 and (h) for each project under this para7 graph (including all relevant data and in8 formation on all costs).

9 (iii) FUNDING CONTINGENT ON AP10 PROVAL.—No appropriation shall be made

11 to construct any project under this para12 graph if the project implementation report

13 for the project has not been approved by

14 resolutions adopted by the Committee on

15 Transportation and Infrastructure of the

16 House of Representatives and the Com17 mittee on Environment and Public Works

18 of the Senate.

19 (iv) MODIFIED WATER DELIVERY.—

20 No appropriation shall be made to con21 struct the Water Conservation Area 3

22 Decompartmentalization and Sheetflow

23 Enhancement Project (including compo24 nent AA, Additional S–345 Structures;

25 component QQ Phase 1, Raise and Bridge
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1 East Portion of Tamiami Trail and Fill

2 Miami Canal within WCA 3; component

3 QQ Phase 2, WCA 3

4 Decompartmentalization and Sheetflow

5 Enhancement; and component SS, North

6 New River Improvements) or the Central

7 Lakebelt Storage Project (including com8 ponents S and EEE, Central Lake Belt

9 Storage Area) until the completion of the

10 project to improve water deliveries to Ever11 glades National Park authorized by section

12 104 of the Everglades National Park Pro13 tection and Expansion Act of 1989 (16

14 U.S.C. 410r–8).

15 (E) MAXIMUM COST OF PROJECTS.—Sec16 tion 902 of the Water Resources Development

17 Act of 1986 (33 U.S.C. 2280) shall apply to

18 each project feature authorized under this sub19 section.

20 (c) ADDITIONAL PROGRAM AUTHORITY.—

21 (1) IN GENERAL.—To expedite implementation

22 of the Plan, the Secretary may implement modifica23 tions to the Central and Southern Florida Project

24 that—

25 (A) are described in the Plan; and
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1 (B) will produce a substantial benefit to

2 the restoration, preservation and protection of

3 the South Florida ecosystem.

4 (2) PROJECT IMPLEMENTATION REPORTS.—Be5 fore implementation of any project feature author6 ized under this subsection, the Secretary shall review

7 and approve for the project feature a project imple8 mentation report prepared in accordance with sub9 sections (f) and (h).

10 (3) FUNDING.—

11 (A) INDIVIDUAL PROJECT FUNDING.—

12 (i) FEDERAL COST.—The total Fed13 eral cost of each project carried out under

14 this subsection shall not exceed

15 $12,500,000.

16 (ii) OVERALL COST.—The total cost of

17 each project carried out under this sub18 section shall not exceed $25,000,000.

19 (B) AGGREGATE COST.—The total cost of

20 all projects carried out under this subsection

21 shall not exceed $206,000,000, with an esti22 mated Federal cost of $103,000,000 and an es23 timated non-Federal cost of $103,000,000.

24 (d) AUTHORIZATION OF FUTURE PROJECTS.—
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1 (1) IN GENERAL.—Except for a project author2 ized by subsection (b) or (c), any project included in

3 the Plan shall require a specific authorization by

4 Congress.

5 (2) SUBMISSION OF REPORT.—Before seeking

6 congressional authorization for a project under para7 graph (1), the Secretary shall submit to Congress—

8 (A) a description of the project; and

9 (B) a project implementation report for

10 the project prepared in accordance with sub11 sections (f) and (h).

12 (e) COST SHARING.—

13 (1) FEDERAL SHARE.—The Federal share of

14 the cost of carrying out a project authorized by sub15 section (b), (c), or (d) shall be 50 percent.

16 (2) NON-FEDERAL RESPONSIBILITIES.—The

17 non-Federal sponsor with respect to a project de18 scribed in subsection (b), (c), or (d), shall be—

19 (A) responsible for all land, easements,

20 rights-of-way, and relocations necessary to im21 plement the Plan; and

22 (B) afforded credit toward the non-Federal

23 share of the cost of carrying out the project in

24 accordance with paragraph (5)(A).

25 (3) FEDERAL ASSISTANCE.—
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1 (A) IN GENERAL.—The non-Federal spon2 sor with respect to a project authorized by sub3 section (b), (c), or (d) may use Federal funds

4 for the purchase of any land, easement, rights5 of-way, or relocation that is necessary to carry

6 out the project if any funds so used are credited

7 toward the Federal share of the cost of the

8 project.

9 (B) AGRICULTURE FUNDS.—Funds pro10 vided to the non-Federal sponsor under the

11 Conservation Restoration and Enhancement

12 Program (CREP) and the Wetlands Reserve

13 Program (WRP) for projects in the Plan shall

14 be credited toward the non-Federal share of the

15 cost of the Plan if the Secretary of Agriculture

16 certifies that the funds provided may be used

17 for that purpose. Funds to be credited do not

18 include funds provided under section 390 of the

19 Federal Agriculture Improvement and Reform

20 Act of 1996 (110 Stat. 1022).

21 (4) OPERATION AND MAINTENANCE.—Notwith22 standing section 528(e)(3) of the Water Resources

23 Development Act of 1996 (110 Stat. 3770), the non24 Federal sponsor shall be responsible for 50 percent

25 of the cost of operation, maintenance, repair, re-
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1 placement, and rehabilitation activities authorized

2 under this section.

3 (5) CREDIT.—

4 (A) IN GENERAL.—Notwithstanding sec5 tion 528(e)(4) of the Water Resources Develop6 ment Act of 1996 (110 Stat. 3770), and re7 gardless of the date of acquisition, the value of

8 lands or interests in lands and incidental costs

9 for land acquired by a non-Federal sponsor in

10 accordance with a project implementation re11 port for any project included in the Plan and

12 authorized by Congress shall be—

13 (i) included in the total cost of the

14 project; and

15 (ii) credited toward the non-Federal

16 share of the cost of the project.

17 (B) WORK.—The Secretary may provide

18 credit, including in-kind credit, toward the non19 Federal share for the reasonable cost of any

20 work performed in connection with a study,

21 preconstruction engineering and design, or con22 struction that is necessary for the implementa23 tion of the Plan, if—

24 (i)(I) the credit is provided for work

25 completed during the period of design, as
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1 defined in a design agreement between the

2 Secretary and the non-Federal sponsor; or

3 (II) the credit is provided for work

4 completed during the period of construc5 tion, as defined in a project cooperation

6 agreement for an authorized project be7 tween the Secretary and the non-Federal

8 sponsor;

9 (ii) the design agreement or the

10 project cooperation agreement prescribes

11 the terms and conditions of the credit; and

12 (iii) the Secretary determines that the

13 work performed by the non-Federal spon14 sor is integral to the project.

15 (C) TREATMENT OF CREDIT BETWEEN

16 PROJECTS.—Any credit provided under this

17 paragraph may be carried over between author18 ized projects in accordance with subparagraph

19 (D).

20 (D) PERIODIC MONITORING.—

21 (i) IN GENERAL.—To ensure that the

22 contributions of the non-Federal sponsor

23 equal 50 percent proportionate share for

24 projects in the Plan, during each 5-year

25 period, beginning with commencement of
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1 design of the Plan, the Secretary shall, for

2 each project—

3 (I) monitor the non-Federal pro4 vision of cash, in-kind services, and

5 land; and

6 (II) manage, to the maximum ex7 tent practicable, the requirement of

8 the non-Federal sponsor to provide

9 cash, in-kind services, and land.

10 (ii) OTHER MONITORING.—The Sec11 retary shall conduct monitoring under

12 clause (i) separately for—

13 (I) the preconstruction engineer14 ing and design phase; and

15 (II) the construction phase.

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

17 land value and incidental costs) or work pro18 vided under this subsection shall be subject to

19 audit by the Secretary.

20 (f) EVALUATION OF PROJECTS.—

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

22 project authorized by subsection (c) or (d) or any of

23 clauses (i) through (x) of subsection (b)(2)(C), the

24 Secretary, in cooperation with the non-Federal spon25 sor, shall, after notice and opportunity for public
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1 comment and in accordance with subsection (h),

2 complete a project implementation report for the

3 project.

4 (2) PROJECT JUSTIFICATION.—

5 (A) IN GENERAL.—Notwithstanding sec6 tion 209 of the Flood Control Act of 1970 (42

7 U.S.C. 1962–2) or any other provision of law,

8 in carrying out any activity authorized under

9 this section or any other provision of law to re10 store, preserve, or protect the South Florida

11 ecosystem, the Secretary may determine that—

12 (i) the activity is justified by the envi13 ronmental benefits derived by the South

14 Florida ecosystem; and

15 (ii) no further economic justification

16 for the activity is required, if the Secretary

17 determines that the activity is cost-effec18 tive.

19 (B) APPLICABILITY.—Subparagraph (A)

20 shall not apply to any separable element in21 tended to produce benefits that are predomi22 nantly unrelated to the restoration, preserva23 tion, and protection of the natural system.

24 (g) EXCLUSIONS AND LIMITATIONS.—The following

25 Plan components are not approved for implementation:
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1 (1) WATER INCLUDED IN THE PLAN.—

2 (A) IN GENERAL.—Any project that is de3 signed to implement the capture and use of the

4 approximately 245,000 acre-feet of water de5 scribed in section 7.7.2 of the Plan shall not be

6 implemented until such time as—

7 (i) the project-specific feasibility study

8 described in subparagraph (B) on the need

9 for and physical delivery of the approxi10 mately 245,000 acre-feet of water, con11 ducted by the Secretary, in cooperation

12 with the non-Federal sponsor, is com13 pleted;

14 (ii) the project is favorably rec15 ommended in a final report of the Chief of

16 Engineers; and

17 (iii) the project is authorized by Act

18 of Congress.

19 (B) PROJECT-SPECIFIC FEASIBILITY

20 STUDY.—The project-specific feasibility study

21 referred to in subparagraph (A) shall include—

22 (i) a comprehensive analysis of the

23 structural facilities proposed to deliver the

24 approximately 245,000 acre-feet of water

25 to the natural system;
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1 (ii) an assessment of the requirements

2 to divert and treat the water;

3 (iii) an assessment of delivery alter4 natives;

5 (iv) an assessment of the feasibility of

6 delivering the water downstream while

7 maintaining current levels of flood protec8 tion to affected property; and

9 (v) any other assessments that are de10 termined by the Secretary to be necessary

11 to complete the study.

12 (2) WASTEWATER REUSE.—

13 (A) IN GENERAL.—On completion and

14 evaluation of the wastewater reuse pilot project

15 described in subsection (b)(2)(B)(iv), the Sec16 retary, in an appropriately timed 5-year report,

17 shall describe the results of the evaluation of

18 advanced wastewater reuse in meeting, in a

19 cost-effective manner, the requirements of res20 toration of the natural system.

21 (B) SUBMISSION.—The Secretary shall

22 submit to Congress the report described in sub23 paragraph (A) before congressional authoriza24 tion for advanced wastewater reuse is sought.
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1 (3) PROJECTS APPROVED WITH LIMITATIONS.—

2 The following projects in the Plan are approved for

3 implementation with limitations:

4 (A) LOXAHATCHEE NATIONAL WILDLIFE

5 REFUGE.—The Federal share for land acquisi6 tion in the project to enhance existing wetland

7 systems along the Loxahatchee National Wild8 life Refuge, including the Stazzulla tract,

9 should be funded through the budget of the De10 partment of the Interior.

11 (B) SOUTHERN CORKSCREW REGIONAL

12 ECOSYSTEM.—The Southern Corkscrew regional

13 ecosystem watershed addition should be accom14 plished outside the scope of the Plan.

15 (h) ASSURANCE OF PROJECT BENEFITS.—

16 (1) IN GENERAL.—The overarching objective of

17 the Plan is the restoration, preservation, and protec18 tion of the South Florida Ecosystem while providing

19 for other water-related needs of the region, including

20 water supply and flood protection. The Plan shall be

21 implemented to ensure the protection of water qual22 ity in, the reduction of the loss of fresh water from,

23 the improvement of the environment of the South

24 Florida Ecosystem and to achieve and maintain the

25 benefits to the natural system and human environ-
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1 ment described in the Plan, and required pursuant

2 to this section, for as long as the project is author3 ized.

4 (2) AGREEMENT.—

5 (A) IN GENERAL.—In order to ensure that

6 water generated by the Plan will be made avail7 able for the restoration of the natural system,

8 no appropriations, except for any pilot project

9 described in subsection (b)(2)(B), shall be made

10 for the construction of a project contained in

11 the Plan until the President and the Governor

12 enter into a binding agreement under which the

13 State shall ensure, by regulation or other ap14 propriate means, that water made available by

15 each project in the Plan shall not be permitted

16 for a consumptive use or otherwise made un17 available by the State until such time as suffi18 cient reservations of water for the restoration of

19 the natural system are made under State law in

20 accordance with the project implementation re21 port for that project and consistent with the

22 Plan.

23 (B) ENFORCEMENT.—

24 (i) IN GENERAL.—Any person or enti25 ty that is aggrieved by a failure of the
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1 United States or any other Federal Gov2 ernment instrumentality or agency, or the

3 Governor or any other officer of a State in4 strumentality or agency, to comply with

5 any provision of the agreement entered

6 into under subparagraph (A) may bring a

7 civil action in United States district court

8 for an injunction directing the United

9 States or any other Federal Government

10 instrumentality or agency or the Governor

11 or any other officer of a State instrumen12 tality or agency, as the case may be, to

13 comply with the agreement.

14 (ii) LIMITATIONS ON COMMENCEMENT

15 OF CIVIL ACTION.—No civil action may be

16 commenced under clause (i)—

17 (I) before the date that is 60

18 days after the Secretary receives writ19 ten notice of a failure to comply with

20 the agreement; or

21 (II) if the United States has

22 commenced and is diligently pros23 ecuting an action in a court of the

24 United States or a State to redress a

25 failure to comply with the agreement.
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1 (C) TRUST RESPONSIBILITIES.—In car2 rying out his responsibilities under this sub3 section with respect to the restoration of the

4 South Florida ecosystem, the Secretary of the

5 Interior shall fulfill his obligations to the Indian

6 tribes in South Florida under the Indian Trust

7 Doctrine as well as other applicable legal obliga8 tions.

9 (3) PROGRAMMATIC REGULATIONS.—

10 (A) ISSUANCE.—Not later than 2 years

11 after the date of enactment of this Act, the Sec12 retary shall, after notice and opportunity for

13 public comment—

14 (i) with the concurrence of—

15 (I) the Governor; and

16 (II) the Secretary of the Interior;

17 and

18 (ii) in consultation with—

19 (I) the Seminole Tribe of Flor20 ida;

21 (II) the Miccosukee Tribe of In22 dians of Florida;

23 (III) the Administrator of the

24 Environmental Protection Agency;
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1 (IV) the Secretary of Commerce;

2 and

3 (V) other Federal, State, and

4 local agencies;

5 promulgate programmatic regulations to ensure

6 that the goals and purposes of the Plan are

7 achieved.

8 (B) CONCURRENCY STATEMENT.—The

9 Secretary of the Interior and the Governor

10 shall, not later than 180 days from the end of

11 the public comment period on proposed pro12 grammatic regulations, provide the Secretary

13 with a written statement of concurrence or non14 concurrence. A failure to provide a written

15 statement of concurrence or nonconcurrence

16 within such time frame will be deemed as meet17 ing the concurrency requirements of subpara18 graph (A)(i). A copy of any concurrency or non19 concurrency statements shall be made a part of

20 the administrative record and referenced in the

21 final programmatic regulations. Any noncon22 currency statement shall specifically detail the

23 reason or reasons for the nonconcurrence.
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1 (C) CONTENT OF REGULATIONS.—Pro2 grammatic regulations promulgated under this

3 paragraph shall establish a process—

4 (i) for the development of project im5 plementation reports, project cooperation

6 agreements, and operating manuals that

7 ensure that the goals and objectives of the

8 Plan are achieved;

9 (ii) to ensure that new information re10 sulting from changed or unforeseen cir11 cumstances, new scientific or technical in12 formation or information that is developed

13 through the principles of adaptive manage14 ment contained in the Plan, or future au15 thorized changes to the Plan are integrated

16 into the implementation of the Plan; and

17 (iii) to ensure the protection of the

18 natural system consistent with the goals

19 and purposes of the Plan, including the es20 tablishment of interim goals to provide a

21 means by which the restoration success of

22 the Plan may be evaluated throughout the

23 implementation process.

24 (D) SCHEDULE AND TRANSITION RULE.—
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1 (i) IN GENERAL.—All project imple2 mentation reports approved before the date

3 of promulgation of the programmatic regu4 lations shall be consistent with the Plan.

5 (ii) PREAMBLE.—The preamble of the

6 programmatic regulations shall include a

7 statement concerning the consistency with

8 the programmatic regulations of any

9 project implementation reports that were

10 approved before the date of promulgation

11 of the regulations.

12 (E) REVIEW OF PROGRAMMATIC REGULA13 TIONS.—Whenever necessary to attain Plan

14 goals and purposes, but not less often than

15 every 5 years, the Secretary, in accordance with

16 subparagraph (A), shall review the pro17 grammatic regulations promulgated under this

18 paragraph.

19 (4) PROJECT-SPECIFIC ASSURANCES.—

20 (A) PROJECT IMPLEMENTATION RE21 PORTS.—

22 (i) IN GENERAL.—The Secretary and

23 the non-Federal sponsor shall develop

24 project implementation reports in accord25 ance with section 10.3.1 of the Plan.
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1 (ii) COORDINATION.—In developing a

2 project implementation report, the Sec3 retary and the non-Federal sponsor shall

4 coordinate with appropriate Federal, State,

5 tribal, and local governments.

6 (iii) REQUIREMENTS.—A project im7 plementation report shall—

8 (I) be consistent with the Plan

9 and the programmatic regulations

10 promulgated under paragraph (3);

11 (II) describe how each of the re12 quirements stated in paragraph

13 (3)(B) is satisfied;

14 (III) comply with the National

15 Environmental Policy Act of 1969 (42

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

17 (IV) identify the appropriate

18 quantity, timing, and distribution of

19 water dedicated and managed for the

20 natural system;

21 (V) identify the amount of water

22 to be reserved or allocated for the nat23 ural system necessary to implement,

24 under State law, subclauses (IV) and

25 (VI);
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1 (VI) comply with applicable

2 water quality standards and applicable

3 water quality permitting requirements

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

5 (VII) be based on the best avail6 able science; and

7 (VIII) include an analysis con8 cerning the cost-effectiveness and en9 gineering feasibility of the project.

10 (B) PROJECT COOPERATION AGREE11 MENTS.—

12 (i) IN GENERAL.—The Secretary and

13 the non-Federal sponsor shall execute

14 project cooperation agreements in accord15 ance with section 10 of the Plan.

16 (ii) CONDITION.—The Secretary shall

17 not execute a project cooperation agree18 ment until any reservation or allocation of

19 water for the natural system identified in

20 the project implementation report is exe21 cuted under State law.

22 (C) OPERATING MANUALS.—

23 (i) IN GENERAL.—The Secretary and

24 the non-Federal sponsor shall develop and

25 issue, for each project or group of projects,
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1 an operating manual that is consistent

2 with the water reservation or allocation for

3 the natural system described in the project

4 implementation report and the project co5 operation agreement for the project or

6 group of projects.

7 (ii) MODIFICATIONS.—Any significant

8 modification by the Secretary and the non9 Federal sponsor to an operating manual

10 after the operating manual is issued shall

11 only be carried out subject to notice and

12 opportunity for public comment.

13 (5) SAVINGS CLAUSE.—

14 (A) NO ELIMINATION OR TRANSFER.—

15 Until a new source of water supply of com16 parable quantity and quality as that available

17 on the date of enactment of this Act is available

18 to replace the water to be lost as a result of im19 plementation of the Plan, the Secretary and the

20 non-Federal sponsor shall not eliminate or

21 transfer existing legal sources of water, includ22 ing those for—

23 (i) an agricultural or urban water

24 supply;
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1 (ii) allocation or entitlement to the

2 Seminole Indian Tribe of Florida under

3 section 7 of the Seminole Indian Land

4 Claims Settlement Act of 1987 (25 U.S.C.

5 1772e);

6 (iii) the Miccosukee Tribe of Indians

7 of Florida;

8 (iv) water supply for Everglades Na9 tional Park; or

10 (v) water supply for fish and wildlife.

11 (B) MAINTENANCE OF FLOOD PROTEC12 TION.—Implementation of the Plan shall not re13 duce levels of service for flood protection that

14 are—

15 (i) in existence on the date of enact16 ment of this Act; and

17 (ii) in accordance with applicable law.

18 (C) NO EFFECT ON TRIBAL COMPACT.—

19 Nothing in this section amends, alters, pre20 vents, or otherwise abrogates rights of the Sem21 inole Indian Tribe of Florida under the compact

22 among the Seminole Tribe of Florida, the State,

23 and the South Florida Water Management Dis24 trict, defining the scope and use of water rights

25 of the Seminole Tribe of Florida, as codified by
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1 section 7 of the Seminole Indian Land Claims

2 Settlement Act of 1987 (25 U.S.C. 1772e).

3 (i) DISPUTE RESOLUTION.—

4 (1) IN GENERAL.—The Secretary and the Gov5 ernor shall within 180 days from the date of enact6 ment of this Act develop an agreement for resolving

7 disputes between the Corps of Engineers and the

8 State associated with the implementation of the

9 Plan. Such agreement shall establish a mechanism

10 for the timely and efficient resolution of disputes,

11 including—

12 (A) a preference for the resolution of dis13 putes between the Jacksonville District of the

14 Corps of Engineers and the South Florida

15 Water Management District;

16 (B) a mechanism for the Jacksonville Dis17 trict of the Corps of Engineers or the South

18 Florida Water Management District to initiate

19 the dispute resolution process for unresolved

20 issues;

21 (C) the establishment of appropriate time22 frames and intermediate steps for the elevation

23 of disputes to the Governor and the Secretary;

24 and
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1 (D) a mechanism for the final resolution of

2 disputes, within 180 days from the date that

3 the dispute resolution process is initiated under

4 subparagraph (B).

5 (2) CONDITION FOR REPORT APPROVAL.—The

6 Secretary shall not approve a project implementation

7 report under this section until the agreement estab8 lished under this subsection has been executed.

9 (3) NO EFFECT ON LAW.—Nothing in the

10 agreement established under this subsection shall

11 alter or amend any existing Federal or State law, or

12 the responsibility of any party to the agreement to

13 comply with any Federal or State law.

14 (j) INDEPENDENT SCIENTIFIC REVIEW.—

15 (1) IN GENERAL.—The Secretary, the Secretary

16 of the Interior, and the Governor, in consultation

17 with the South Florida Ecosystem Restoration Task

18 Force, shall establish an independent scientific re19 view panel convened by a body, such as the National

20 Academy of Sciences, to review the Plan’s progress

21 toward achieving the natural system restoration

22 goals of the Plan.

23 (2) REPORT.—The panel described in para24 graph (1) shall produce a biennial report to Con25 gress, the Secretary, the Secretary of the Interior,
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1 and the Governor that includes an assessment of ec2 ological indicators and other measures of progress in

3 restoring the ecology of the natural system, based on

4 the Plan.

5 (k) OUTREACH AND ASSISTANCE.—

6 (1) SMALL BUSINESS CONCERNS OWNED AND

7 OPERATED BY SOCIALLY AND ECONOMICALLY DIS8 ADVANTAGED INDIVIDUALS.—In executing the Plan,

9 the Secretary shall ensure that small business con10 cerns owned and controlled by socially and economi11 cally disadvantaged individuals are provided oppor12 tunities to participate under section 15(g) of the

13 Small Business Act (15 U.S.C. 644(g)).

14 (2) COMMUNITY OUTREACH AND EDUCATION.—

15 (A) IN GENERAL.—The Secretary shall en16 sure that impacts on socially and economically

17 disadvantaged individuals, including individuals

18 with limited English proficiency, and commu19 nities are considered during implementation of

20 the Plan, and that such individuals have oppor21 tunities to review and comment on its imple22 mentation.

23 (B) PROVISION OF OPPORTUNITIES.—The

24 Secretary shall ensure, to the maximum extent

25 practicable, that public outreach and edu-
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1 cational opportunities are provided, during im2 plementation of the Plan, to the individuals of

3 South Florida, including individuals with lim4 ited English proficiency, and in particular for

5 socially and economically disadvantaged com6 munities.

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

8 2005, and periodically thereafter until October 1, 2036,

9 the Secretary and the Secretary of the Interior, in con10 sultation with the Environmental Protection Agency, the

11 Department of Commerce, and the State of Florida, shall

12 jointly submit to Congress a report on the implementation

13 of the Plan. Such reports shall be completed not less often

14 than every 5 years. Such reports shall include a descrip15 tion of planning, design, and construction work completed,

16 the amount of funds expended during the period covered

17 by the report (including a detailed analysis of the funds

18 expended for adaptive assessment under subsection

19 (b)(2)(C)(xi)), and the work anticipated over the next 5-

20 year period. In addition, each report shall include—

21 (1) the determination of each Secretary, and

22 the Administrator of the Environmental Protection

23 Agency, concerning the benefits to the natural sys24 tem and the human environment achieved as of the

25 date of the report and whether the completed
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1 projects of the Plan are being operated in a manner

2 that is consistent with the requirements of sub3 section (h);

4 (2) progress toward interim goals established in

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

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

7 Secretary under subsection (k) as they relate to so8 cially and economically disadvantaged individuals

9 and individuals with limited English proficiency.

10 (m) SEVERABILITY.—If any provision or remedy pro11 vided by this section is found to be unconstitutional or

12 unenforceable by any court of competent jurisdiction, any

13 remaining provisions in this section shall remain valid and

14 enforceable.

15 SEC. 602. SENSE OF THE SENATE CONCERNING HOME16 STEAD AIR FORCE BASE.

17 (a) IN GENERAL.—(1) The Everglades is an Amer18 ican treasure and includes uniquely-important and diverse

19 wildlife resources and recreational opportunities;

20 (2) the preservation of the pristine and natural char21 acter of the South Florida ecosystem is critical to the re22 gional economy;

23 (3) as this legislation demonstrates, the Senate be24 lieves it to be a vital national mission to restore and pre-
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1 serve this ecosystem and accordingly is authorizing a sig2 nificant Federal investment to do so;

3 (4) the Senate seeks to have the remaining property

4 at the former Homestead Air Base conveyed and reused

5 as expeditiously as possible, and several options for base

6 reuse are being considered, including as a commercial air7 port; and

8 (5) the Senate is aware that the Homestead site is

9 located in a sensitive environmental location, and that Bis10 cayne National Park is only approximately 1.5 miles to

11 the east, Everglades National Park approximately 8 miles

12 to the west, and the Florida Keys National Marine Sanc13 tuary approximately 10 miles to the south.

14 (b) SENSE OF THE SENATE.—It is the sense of the

15 Senate that—

16 (1) development at the Homestead site could

17 potentially cause significant air, water, and noise

18 pollution and result in the degradation of adjacent

19 national parks and other protected Federal re20 sources;

21 (2) in their decisionmaking, the Federal agen22 cies charged with determining the reuse of the re23 maining property at the Homestead base should

24 carefully consider and weigh all available informa-
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1 tion concerning potential environmental impacts of

2 various reuse options;

3 (3) the redevelopment of the former base should

4 be consistent with restoration goals, provide desir5 able numbers of jobs and economic redevelopment

6 for the community, and be consistent with other ap7 plicable laws;

8 (4) consistent with applicable laws, the Sec9 retary of the Air Force should proceed as quickly as

10 practicable to issue a final SEIS and Record of De11 cision so that reuse of the former air base can pro12 ceed expeditiously;

13 (5) following conveyance of the remaining sur14 plus property, the Secretary, as part of his oversight

15 for Everglades restoration, should cooperate with the

16 entities to which the various parcels of surplus prop17 erty were conveyed so that the planned use of those

18 properties is implemented in such a manner as to re19 main consistent with the goals of the Everglades res20 toration plan; and

21 (6) by August 1, 2002, the Secretary should

22 submit a report to the appropriate committees of

23 Congress on actions taken and make any rec24 ommendations for consideration by Congress.
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1 TITLE VII—MISSOURI RIVER

2 PROTECTION AND IMPROVE3 MENT

4 SEC. 701. SHORT TITLE.

5 This title shall be known as the ‘‘Missouri River Pro6 tection and Improvement Act of 2000’’.

7 SEC. 702. FINDINGS AND PURPOSES.

8 (a) FINDINGS.—Congress finds that—

9 (1) the Missouri River is—

10 (A) an invaluable economic, environmental,

11 recreational, and cultural resource to the people

12 of the United States; and

13 (B) a critical source of water for drinking

14 and irrigation;

15 (2) millions of people fish, hunt, and camp

16 along the Missouri River each year;

17 (3) thousands of sites of spiritual importance to

18 Native Americans line the shores of the Missouri

19 River;

20 (4) the Missouri River provides critical wildlife

21 habitat for threatened and endangered species;

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

23 program—

24 (A) to promote the general economic devel25 opment of the United States;
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1 (B) to provide for irrigation above Sioux

2 City, Iowa;

3 (C) to protect urban and rural areas from

4 devastating floods of the Missouri River; and

5 (D) for other purposes;

6 (6) the Garrison Dam was constructed on the

7 Missouri River in North Dakota and the Oahe Dam

8 was constructed in South Dakota under the Pick9 Sloan program;

10 (7) the dams referred to in paragraph (6)—

11 (A) generate low-cost electricity for mil12 lions of people in the United States;

13 (B) provide revenue to the Treasury; and

14 (C) provide flood control that has pre15 vented billions of dollars of damage;

16 (8) the Garrison and Oahe Dams have reduced

17 the ability of the Missouri River to carry sediment

18 downstream, resulting in the accumulation of sedi19 ment in the reservoirs known as Lake Sakakawea

20 and Lake Oahe;

21 (9) the sediment depositions—

22 (A) cause shoreline flooding;

23 (B) destroy wildlife habitat;

24 (C) limit recreational opportunities;
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1 (D) threaten the long-term ability of dams

2 to provide hydropower and flood control under

3 the Pick-Sloan program;

4 (E) reduce water quality; and

5 (F) threaten intakes for drinking water

6 and irrigation; and

7 (10) to meet the objectives established by Con8 gress for the Pick-Sloan program, it is necessary to

9 establish a Missouri River Restoration Program—

10 (A) to improve conservation;

11 (B) to reduce the deposition of sediment;

12 and

13 (C) to take other steps necessary for prop14 er management of the Missouri River.

15 (b) PURPOSES.—The purposes of this title are—

16 (1) to reduce the siltation of the Missouri River

17 in the State of North Dakota;

18 (2) to meet the objectives of the Pick-Sloan pro19 gram by developing and implementing a long-term

20 strategy—

21 (A) to improve conservation in the Mis22 souri River watershed;

23 (B) to protect recreation on the Missouri

24 River from sedimentation;
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1 (C) to improve water quality in the Mis2 souri River;

3 (D) to improve erosion control along the

4 Missouri River; and

5 (E) to protect Indian and non-Indian his6 torical and cultural sites along the Missouri

7 River from erosion; and

8 (3) to meet the objectives described in para9 graphs (1) and (2) by developing and financing new

10 programs in accordance with the plan.

11 SEC. 703. DEFINITIONS.

12 In this title:

13 (1) PICK-SLOAN PROGRAM.—The term ‘‘Pick14 Sloan program’’ means the Pick-Sloan Missouri

15 River Basin Program authorized by section 9 of the

16 Act of December 22, 1944 (58 Stat. 891, chapter

17 665).

18 (2) PLAN.—The term ‘‘plan’’ means the plan

19 for the use of funds made available by this title that

20 is required to be prepared under section 705(e).

21 (3) STATE.—The term ‘‘State’’ means the State

22 of North Dakota.

23 (4) TASK FORCE.—The term ‘‘Task Force’’

24 means the North Dakota Missouri River Task Force

25 established by section 705(a).
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1 (5) TRUST.—The term ‘‘Trust’’ means the

2 North Dakota Missouri River Trust established by

3 section 704(a).

4 SEC. 704. MISSOURI RIVER TRUST.

5 (a) ESTABLISHMENT.—There is established a com6 mittee to be known as the North Dakota Missouri River

7 Trust.

8 (b) MEMBERSHIP.—The Trust shall be composed of

9 16 members to be appointed by the Secretary, including—

10 (1) 12 members recommended by the Governor

11 of North Dakota that—

12 (A) represent equally the various interests

13 of the public; and

14 (B) include representatives of—

15 (i) the North Dakota Department of

16 Health;

17 (ii) the North Dakota Department of

18 Parks and Recreation;

19 (iii) the North Dakota Department of

20 Game and Fish;

21 (iv) the North Dakota State Water

22 Commission;

23 (v) the North Dakota Indian Affairs

24 Commission;

25 (vi) agriculture groups;
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1 (vii) environmental or conservation or2 ganizations;

3 (viii) the hydroelectric power industry;

4 (ix) recreation user groups;

5 (x) local governments; and

6 (xi) other appropriate interests;

7 (2) 4 members representing each of the 4 In8 dian tribes in the State of North Dakota.

9 SEC. 705. MISSOURI RIVER TASK FORCE.

10 (a) ESTABLISHMENT.—There is established the Mis11 souri River Task Force.

12 (b) MEMBERSHIP.—The Task Force shall be com13 posed of—

14 (1) the Secretary (or a designee), who shall

15 serve as Chairperson;

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

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

18 (4) the Secretary of the Interior (or a des19 ignee); and

20 (5) the Trust.

21 (c) DUTIES.—The Task Force shall—

22 (1) meet at least twice each year;

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

24 requiring votes in favor of the plan by a majority of

25 the members;
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1 (3) review projects to meet the goals of the

2 plan; and

3 (4) recommend to the Secretary critical projects

4 for implementation.

5 (d) ASSESSMENT.—

6 (1) IN GENERAL.—Not later than 18 months

7 after the date on which funding authorized under

8 this title becomes available, the Secretary shall sub9 mit to the other members of the Task Force a report

10 on—

11 (A) the impact of the siltation of the Mis12 souri River in the State, including the impact

13 on—

14 (i) the Federal, State, and regional

15 economies;

16 (ii) recreation;

17 (iii) hydropower generation;

18 (iv) fish and wildlife; and

19 (v) flood control;

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

21 historical and cultural sites along the Missouri

22 River;

23 (C) the extent of erosion along the Mis24 souri River (including tributaries of the Mis25 souri River) in the State; and
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1 (D) other issues, as requested by the Task

2 Force.

3 (2) CONSULTATION.—In preparing the report

4 under paragraph (1), the Secretary shall consult

5 with—

6 (A) the Secretary of Energy;

7 (B) the Secretary of the Interior;

8 (C) the Secretary of Agriculture;

9 (D) the State; and

10 (E) Indian tribes in the State.

11 (e) PLAN FOR USE OF FUNDS MADE AVAILABLE BY

12 THIS TITLE.—

13 (1) IN GENERAL.—Not later than 3 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 pro19 vide for the manner in which the Task Force shall

20 develop and recommend critical restoration projects

21 to promote—

22 (A) conservation practices in the Missouri

23 River watershed;

24 (B) the general control and removal of

25 sediment from the Missouri River;
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1 (C) the protection of recreation on the

2 Missouri 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

14 final, in accordance with procedures established

15 by the 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 re22 view and comment on any proposed revi23 sion to the plan.

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

2 by the Task Force under subsection (c)(2), the Sec3 retary, in coordination with the Task Force, shall

4 identify critical restoration projects to carry out the

5 plan.

6 (2) AGREEMENT.—The Secretary may carry

7 out a critical restoration project after entering into

8 an agreement with an appropriate non-Federal inter9 est in accordance with—

10 (A) section 221 of the Flood Control Act

11 of 1970 (42 U.S.C. 1962d–5b); and

12 (B) this section.

13 (3) INDIAN PROJECTS.—To the maximum ex14 tent practicable, the Secretary shall ensure that not

15 less than 30 percent of the funds made available for

16 critical restoration projects under this title shall be

17 used exclusively for projects that are—

18 (A) within the boundary of an Indian res19 ervation; or

20 (B) administered by an Indian tribe.

21 (g) COST SHARING.—

22 (1) ASSESSMENT.—

23 (A) FEDERAL SHARE.—The Federal share

24 of the cost of carrying out the assessment

25 under subsection (d) shall be 75 percent.
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1 (B) NON-FEDERAL SHARE.—The non-Fed2 eral share of the cost of carrying out the assess3 ment under subsection (d) may be provided in

4 the form of services, materials, or other in-kind

5 contributions.

6 (2) PLAN.—

7 (A) FEDERAL SHARE.—The Federal share

8 of the cost of preparing the plan under sub9 section (e) shall be 75 percent.

10 (B) NON-FEDERAL SHARE.—Not more

11 than 50 percent of the non-Federal share of the

12 cost of preparing the plan under subsection (e)

13 may be provided in the form of services, mate14 rials, or other in-kind contributions.

15 (3) CRITICAL RESTORATION PROJECTS.—

16 (A) IN GENERAL.—A non-Federal cost

17 share shall be required to carry out any critical

18 restoration project under subsection (f) that

19 does not primarily benefit the Federal Govern20 ment, as determined by the Task Force.

21 (B) FEDERAL SHARE.—The Federal share

22 of the cost of carrying out a critical restoration

23 project under subsection (f) for which the Task

24 Force requires a non-Federal cost share under

25 subparagraph (A) shall be 65 percent, not to
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1 exceed $5,000,000 for any critical restoration

2 project.

3 (C) NON-FEDERAL SHARE.—

4 (i) IN GENERAL.—Not more than 50

5 percent of the non-Federal share of the

6 cost of carrying out a critical restoration

7 project described in subparagraph (B) may

8 be provided in the form of services, mate9 rials, or other in-kind contributions.

10 (ii) REQUIRED NON-FEDERAL CON11 TRIBUTIONS.—For any critical restoration

12 project described in subparagraph (B), the

13 non-Federal interest shall—

14 (I) provide all land, easements,

15 rights-of-way, dredged material dis16 posal areas, and relocations;

17 (II) pay all operation, mainte18 nance, replacement, repair, and reha19 bilitation costs; and

20 (III) hold the United States

21 harmless from all claims arising from

22 the construction, operation, and main23 tenance of the project.
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1 (iii) CREDIT.—The non-Federal inter2 est shall receive credit for all contributions

3 provided under clause (ii)(I).

4 SEC. 706. ADMINISTRATION.

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

6 or affects—

7 (1) any water right of an Indian tribe;

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

9 specifically provided in another provision of this

10 title;

11 (3) any treaty right that is in effect on the date

12 of enactment of this Act;

13 (4) any external boundary of an Indian reserva14 tion of an Indian tribe;

15 (5) any authority of the State that relates to

16 the protection, regulation, or management of fish,

17 terrestrial wildlife, and cultural and archaeological

18 resources, except as specifically provided in this title;

19 or

20 (6) any authority of the Secretary, the Sec21 retary of the Interior, or the head of any other Fed22 eral agency under a law in effect on the date of en23 actment of this Act, including—

24 (A) the National Historic Preservation Act

25 (16 U.S.C. 470 et seq.);
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1 (B) the Archaeological Resources Protec2 tion Act of 1979 (16 U.S.C. 470aa et seq.);

3 (C) the Fish and Wildlife Coordination Act

4 (16 U.S.C. 661 et seq.);

5 (D) the Act entitled ‘‘An Act for the pro6 tection of the bald eagle’’, approved June 8,

7 1940 (16 U.S.C. 668 et seq.);

8 (E) the Migratory Bird Treaty Act (16

9 U.S.C. 703 et seq.);

10 (F) the Endangered Species Act of 1973

11 (16 U.S.C. 1531 et seq.);

12 (G) the Native American Graves Protec13 tion and Repatriation Act (25 U.S.C. 3001 et

14 seq.);

15 (H) the Federal Water Pollution Control

16 Act (33 U.S.C. 1251 et seq.);

17 (I) the Safe Drinking Water Act (42

18 U.S.C. 300f et seq.); and

19 (J) the National Environmental Policy Act

20 of 1969 (42 U.S.C. 4321 et seq.).

21 (b) FEDERAL LIABILITY FOR DAMAGE.—Nothing in

22 this title relieves the Federal Government of liability for

23 damage to private property caused by the operation of the

24 Pick-Sloan program.
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1 (c) FLOOD CONTROL.—Notwithstanding any other

2 provision of this title, the Secretary shall retain the au3 thority to operate the Pick-Sloan program for the pur4 poses of meeting the requirements of the Act of December

5 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1

6 et seq.).

7 (d) USE OF FUNDS.—Funds transferred to the Trust

8 may be used to pay the non-Federal share required under

9 Federal programs.

10 SEC. 707. AUTHORIZATION OF APPROPRIATIONS.

11 (a) INITIAL FUNDING.—There is authorized to be ap12 propriated to the Secretary to carry out this title

13 $4,000,000 for each of fiscal years 2001 through 2004,

14 to remain available until expended.

15 (b) EXISTING PROGRAMS.—The Secretary shall fund

16 programs authorized under the Pick-Sloan program in ex17 istence on the date of enactment of this Act at levels that

18 are not less than funding levels for those programs as of

19 that date.

20 TITLE VIII—WILDLIFE REFUGE

21 ENHANCEMENT

22 SEC. 801. SHORT TITLE.

23 This title may be cited as the ‘‘Charles M. Russell

24 National Wildlife Refuge Enhancement Act of 2000’’.
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1 SEC. 802. PURPOSE.

2 The purpose of this title is to direct the Secretary,

3 in consultation with the Secretary of the Interior, to con4 vey cabin sites at Fort Peck Lake, Montana, and to ac5 quire land with greater wildlife and other public value for

6 the Charles M. Russell National Wildlife Refuge, to—

7 (1) better achieve the wildlife conservation pur8 poses for which the Refuge was established;

9 (2) protect additional fish and wildlife habitat

10 in and adjacent to the Refuge;

11 (3) enhance public opportunities for hunting,

12 fishing, and other wildlife-dependent activities;

13 (4) improve management of the Refuge; and

14 (5) reduce Federal expenditures associated with

15 the administration of cabin site leases.

16 SEC. 803. DEFINITIONS.

17 In this title:

18 (1) ASSOCIATION.—The term ‘‘Association’’

19 means the Fort Peck Lake Association.

20 (2) CABIN SITE.—

21 (A) IN GENERAL.—The term ‘‘cabin site’’

22 means a parcel of property within the Fort

23 Peck, Hell Creek, Pines, or Rock Creek Cabin

24 areas that is—

25 (i) managed by the Army Corps of

26 Engineers;
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1 (ii) located in or near the eastern por2 tion of Fort Peck Lake, Montana; and

3 (iii) leased for individual use or occu4 pancy.

5 (B) INCLUSIONS.—The term ‘‘cabin site’’

6 includes all right, title and interest of the

7 United States in and to the property,

8 including—

9 (i) any permanent easement that is

10 necessary to provide vehicular access to the

11 cabin site; and

12 (ii) the right to reconstruct, operate,

13 and maintain an easement described in

14 clause (i).

15 (3) CABIN SITE AREA.—

16 (A) IN GENERAL.—The term ‘‘cabin site

17 area’’ means a portion of the Fort Peck, Hell

18 Creek, Pines, or Rock Creek Cabin Areas re19 ferred to in paragraph (2) that is occupied by

20 1 or more cabin sites.

21 (B) INCLUSION.—The term ‘‘cabin site

22 area’’ includes such immediately adjacent land,

23 if any, as is needed for the cabin site area to

24 exist as a generally contiguous parcel of land,
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1 as determined by the Secretary with the concur2 rence of the Secretary of the Interior.

3 (4) LESSEE.—The term ‘‘lessee’’ means a per4 son that is leasing a cabin site.

5 (5) REFUGE.—The term ‘‘Refuge’’ means the

6 Charles M. Russell National Wildlife Refuge in Mon7 tana.

8 SEC. 804. CONVEYANCE OF CABIN SITES.

9 (a) IN GENERAL.—

10 (1) PROHIBITION.—As soon as practicable after

11 the date of enactment of this Act, the Secretary

12 shall prohibit the issuance of new cabin site leases

13 within the Refuge, except as is necessary to consoli14 date with, or substitute for, an existing cabin lease

15 site under paragraph (2).

16 (2) DETERMINATION; NOTICE.—Not later than

17 1 year after the date of enactment of this Act, and

18 before proceeding with any exchange under this title,

19 the Secretary shall—

20 (A) with the concurrence of the Secretary

21 of the Interior, determine individual cabin sites

22 that are not suitable for conveyance to a

23 lessee—

24 (i) because the sites are isolated so

25 that conveyance of 1 or more of the sites
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1 would create an inholding that would im2 pair management of the Refuge; or

3 (ii) for any other reason that ad4 versely impacts the future habitability of

5 the sites; and

6 (B) provide written notice to each lessee

7 that specifies any requirements concerning the

8 form of a notice of interest in acquiring a cabin

9 site that the lessee may submit under sub10 section (b)(1)(A) and the portion of administra11 tive costs that would be paid to the Secretary

12 under section 808(b), to—

13 (i) determine whether the lessee is in14 terested in acquiring the cabin site area of

15 the lessee; and

16 (ii) inform each lessee of the rights of

17 the lessee under this title.

18 (3) OFFER OF COMPARABLE CABIN SITE.—If

19 the Secretary determines that a cabin site is not

20 suitable for conveyance to a lessee under paragraph

21 (2)(A), the Secretary, in consultation with the Sec22 retary of the Interior, shall offer to the lessee the

23 opportunity to acquire a comparable cabin site with24 in another cabin site area.

25 (b) RESPONSE.—
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1 (1) NOTICE OF INTEREST.—

2 (A) IN GENERAL.—Not later than July 1,

3 2003, a lessee shall notify the Secretary in writ4 ing of an interest in acquiring the cabin site of

5 the lessee.

6 (B) FORM.—The notice under this para7 graph shall be submitted in such form as is re8 quired by the Secretary under subsection

9 (a)(2)(B).

10 (2) UNPURCHASED CABIN SITES.—If the Sec11 retary receives no notice of interest or offer to pur12 chase a cabin site from the lessee under paragraph

13 (1) or the lessee declines an opportunity to purchase

14 a comparable cabin site under subsection (a)(3), the

15 cabin site shall be subject to sections 805 and 806.

16 (c) PROCESS.—After providing notice to a lessee

17 under subsection (a)(2)(B), the Secretary shall—

18 (1) determine whether any small parcel of land

19 contiguous to any cabin site (not including shoreline

20 or land needed to provide public access to the shore21 line of Fort Peck Lake) should be conveyed as part

22 of the cabin site to—

23 (A) protect water quality;

24 (B) eliminate an inholding; or
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1 (C) facilitate administration of the land re2 maining in Federal ownership;

3 (2) if the Secretary determines that a convey4 ance should be completed under paragraph (1), pro5 vide notice of the intent of the Secretary to complete

6 the conveyance to the lessee of each affected cabin

7 site;

8 (3) survey each cabin site to determine the

9 acreage and legal description of the cabin site area,

10 including land identified under paragraph (1);

11 (4) take such actions as are necessary to ensure

12 compliance with all applicable environmental laws;

13 (5) with the concurrence of the Secretary of the

14 Interior, determine which covenants or deed restric15 tions, if any, should be placed on a cabin site before

16 conveyance out of Federal ownership, including any

17 covenant or deed restriction that is required to com18 ply with—

19 (A) the Act of May 18, 1938 (16 U.S.C.

20 833 et seq.);

21 (B) laws (including regulations) applicable

22 to management of the Refuge; and

23 (C) any other laws (including regulations)

24 for which compliance is necessary to—
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1 (i) ensure the maintenance of existing

2 and adequate public access to and along

3 Fort Peck Lake; and

4 (ii) limit future uses of a cabin site

5 to—

6 (I) noncommercial, single-family

7 use; and

8 (II) the type and intensity of use

9 of the cabin site made on the date of

10 enactment of this Act, as limited by

11 terms of any lease applicable to the

12 cabin site in effect on that date; and

13 (6) conduct an appraisal of each cabin site (in14 cluding any expansion of the cabin site under para15 graph (1)) that—

16 (A) is carried out in accordance with the

17 Uniform Appraisal Standards for Federal Land

18 Acquisition;

19 (B) excludes the value of any private im20 provement to the cabin sites; and

21 (C) takes into consideration any covenant

22 or other restriction determined to be necessary

23 under paragraph (5) and subsection (h).

24 (d) CONSULTATION AND PUBLIC INVOLVEMENT.—

25 The Secretary shall—
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1 (1) carry out subsections (b) and (c) in con2 sultation with—

3 (A) the Secretary of the Interior;

4 (B) affected lessees;

5 (C) affected counties in the State of Mon6 tana; and

7 (D) the Association; and

8 (2) hold public hearings, and provide all inter9 ested parties with notice and an opportunity to com10 ment, on the activities carried out under this section.

11 (e) CONVEYANCE.—Subject to subsections (h) and (i)

12 and section 808(b), the Secretary shall convey a cabin site

13 by individual patent or deed to the lessee under this title—

14 (1) if each cabin site complies with Federal,

15 State, and county septic and water quality laws (in16 cluding regulations);

17 (2) if the lessee complies with other require18 ments of this section; and

19 (3) after receipt of the payment for the cabin

20 site from the lessee in an amount equal to the ap21 praised fair market value of the cabin site as deter22 mined in accordance with subsection (c)(6).

23 (f) VEHICULAR ACCESS.—
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1 (1) IN GENERAL.—Nothing in this title author2 izes any addition to or improvement of vehicular ac3 cess to a cabin site.

4 (2) CONSTRUCTION.—The Secretary—

5 (A) shall not construct any road for the

6 sole purpose of providing access to land sold

7 under this section; and

8 (B) shall be under no obligation to service

9 or maintain any existing road used primarily

10 for access to that land (or to a cabin site).

11 (3) OFFER TO CONVEY.—The Secretary may

12 offer to convey to the State of Montana, any polit13 ical subdivision of the State of Montana, or the As14 sociation, any road determined by the Secretary to

15 primarily service the land sold under this section.

16 (g) UTILITIES AND INFRASTRUCTURE.—

17 (1) IN GENERAL.—The purchaser of a cabin

18 site shall be responsible for the acquisition of all

19 utilities and infrastructure necessary to support the

20 cabin site.

21 (2) NO FEDERAL ASSISTANCE.—The Secretary

22 shall not provide any utilities or infrastructure to

23 the cabin site.

24 (h) COVENANTS AND DEED RESTRICTIONS.—
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1 (1) IN GENERAL.—Before conveying any cabin

2 site under subsection (e), the Secretary, in consulta3 tion with the Secretary of the Interior, shall ensure

4 that the title to the cabin site includes such cov5 enants and deed restrictions as are determined,

6 under subsection (c), to be necessary to make bind7 ing on all subsequent purchasers of the cabin site

8 any other covenants or deed restrictions in the title

9 to the cabin site.

10 (2) RESERVATION OF RIGHTS.—The Secretary

11 may reserve the perpetual right, power, privilege,

12 and easement to permanently overflow, flood, sub13 merge, saturate, percolate, or erode a cabin site (or

14 any portion of a cabin site) that the Secretary deter15 mines is necessary in the operation of the Fort Peck

16 Dam.

17 (i) NO CONVEYANCE OF UNSUITABLE CABIN

18 SITES.—A cabin site that is determined to be unsuitable

19 for conveyance under subsection (a)(2) shall not be con20 veyed by the Secretary under this section.

21 (j) IDENTIFICATION OF LAND FOR EXCHANGE.—

22 (1) IN GENERAL.—As soon as practicable after

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

24 the Interior shall identify land that may be acquired

25 that meets the purposes of paragraphs (1) through
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1 (4) of section 802 and for which a willing seller ex2 ists.

3 (2) APPRAISAL.—On a request by a willing sell4 er, the Secretary of the Interior shall appraise the

5 land identified under paragraph (1).

6 (3) ACQUISITION.—If the Secretary of the Inte7 rior determines that the acquisition of the land

8 would meet the purposes of paragraphs (1) through

9 (4) of section 802, the Secretary of the Interior shall

10 cooperate with the willing seller to facilitate the ac11 quisition of the property in accordance with section

12 807.

13 (4) PUBLIC PARTICIPATION.—The Secretary of

14 the Interior shall hold public hearings, and provide

15 all interested parties with notice and an opportunity

16 to comment, on the activities carried out under this

17 section.

18 SEC. 805. RIGHTS OF NONPARTICIPATING LESSEES.

19 (a) CONTINUATION OF LEASE.—

20 (1) IN GENERAL.—A lessee that does not pro21 vide the Secretary with an offer to acquire the cabin

22 site of the lessee under section 804 (including a les23 see who declines an offer of a comparable cabin site

24 under section 804(a)(3)) may elect to continue to

25 lease the cabin site for the remainder of the current
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1 term of the lease, which, except as provided in para2 graph (2), shall not be renewed or otherwise ex3 tended.

4 (2) EXPIRATION BEFORE 2010.—If the current

5 term of a lessee described in paragraph (1) expires

6 or is scheduled to expire before 2010, the Secretary

7 shall offer to extend or renew the lease through

8 2010.

9 (b) IMPROVEMENTS.—Any improvements and per10 sonal property of the lessee that are not removed from

11 the cabin site before the termination of the lease shall be

12 considered property of the United States in accordance

13 with the provisions of the lease.

14 (c) OPTION TO PURCHASE.—Subject to subsections

15 (d) and (e) and section 808(b), if at any time before termi16 nation of the lease, a lessee described in subsection

17 (a)(1)—

18 (1) notifies the Secretary of the intent of the

19 lessee to purchase the cabin site of the lessee; and

20 (2) pays for an updated appraisal of the site in

21 accordance with section 804(c)(6);

22 the Secretary shall convey the cabin site to the lessee, by

23 individual patent or deed, on receipt of payment for the

24 site from the lessee in an amount equal to the appraised
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1 fair market value of the cabin site as determined by the

2 updated appraisal.

3 (d) COVENANTS AND DEED RESTRICTIONS.—Before

4 conveying any cabin site under subsection (c), the Sec5 retary, in consultation with the Secretary of the Interior,

6 shall ensure that the title to the cabin site includes such

7 covenants and deed restrictions as are determined, under

8 section 804(c), to be necessary to make binding on all sub9 sequent purchasers of the cabin site any other covenants

10 or deed restrictions in the title to the cabin site.

11 (e) NO CONVEYANCE OF UNSUITABLE CABIN

12 SITES.—A cabin site that is determined to be unsuitable

13 for conveyance under subsection 804(a)(2) shall not be

14 conveyed by the Secretary under this section.

15 (f) REPORT.—Not later than July 1, 2003, the Sec16 retary shall submit to Congress a report that—

17 (1) describes progress made in implementing

18 this Act; and

19 (2) identifies cabin owners that have filed a no20 tice of interest under section 804(b) and have de21 clined an opportunity to acquire a comparable cabin

22 site under section 804(a)(3).

23 SEC. 806. CONVEYANCE TO THIRD PARTIES.

24 (a) CONVEYANCES TO THIRD PARTIES.—As soon as

25 practicable after the expiration or surrender of a lease,
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1 the Secretary, in consultation with the Secretary of the

2 Interior, may offer for sale, by public auction, written invi3 tation, or other competitive sales procedure, and at the

4 fair market value of the cabin site determined under sec5 tion 804(c)(6), any cabin site that—

6 (1) is not conveyed to a lessee under this title;

7 and

8 (2) has not been determined to be unsuitable

9 for conveyance under section 804(a)(2).

10 (b) COVENANTS AND DEED RESTRICTIONS.—Before

11 conveying any cabin site under subsection (a), the Sec12 retary shall ensure that the title to the cabin site includes

13 such covenants and deed restrictions as are determined,

14 under section 804(c), to be necessary to make binding on

15 all subsequent purchasers of the cabin site any other cov16 enants or deed restrictions contained in the title to the

17 cabin site.

18 (c) CONVEYANCE TO ASSOCIATION.—On the comple19 tion of all individual conveyances of cabin sites under this

20 title (or at such prior time as the Secretary determines

21 would be practicable based on the location of property to

22 be conveyed), the Secretary shall convey to the Association

23 all land within the outer boundaries of cabin site areas

24 that are not conveyed to lessees under this title at fair

25 market value based on an appraisal carried out in accord-
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1 ance with the Uniform Appraisal Standards for Federal

2 Land Acquisition.

3 SEC. 807. USE OF PROCEEDS.

4 (a) PROCEEDS.—All payments for the conveyance of

5 cabin sites under this title, except costs collected by the

6 Secretary under section 808(b), shall be deposited in a

7 special fund in the Treasury for use by the Secretary of

8 the Interior, acting through the Director of the United

9 States Fish and Wildlife Service and without further Act

10 of appropriation, solely for the acquisition from willing

11 sellers of property that—

12 (1) is within or adjacent to the Refuge;

13 (2) would be suitable to carry out the purposes

14 of this Act described in paragraphs (1) through (4)

15 of section 802; and

16 (3) on acquisition by the Secretary of the Inte17 rior, would be accessible to the general public for use

18 in conducting activities consistent with approved

19 uses of the Refuge.

20 (b) LIMITATION.—To the maximum extent prac21 ticable, acquisitions under this title shall be of land within

22 the Refuge boundary.
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1 SEC. 808. ADMINISTRATIVE COSTS.

2 (a) IN GENERAL.—Except as provided in subsection

3 (b), the Secretary shall pay all administrative costs in4 curred in carrying out this title.

5 (b) REIMBURSEMENT.—As a condition of the convey6 ance of any cabin site area under this title, the

7 Secretary—

8 (1) may require the party to whom the property

9 is conveyed to reimburse the Secretary for a reason10 able portion, as determined by the Secretary, of the

11 administrative costs (including survey costs), in12 curred in carrying out this title, with such portion

13 to be described in the notice provided to the Associa14 tion and lessees under section 804(a)(2); and

15 (2) shall require the party to whom the prop16 erty is conveyed to reimburse the Association for a

17 proportionate share of the costs (including interest)

18 incurred by the Association in carrying out trans19 actions under this Act.

20 SEC. 809. TERMINATION OF WILDLIFE DESIGNATION.

21 None of the land conveyed under this title shall be

22 designated, or shall remain designated as, part of the Na23 tional Wildlife Refuge System.

24 SEC. 810. AUTHORIZATION OF APPROPRIATIONS.

25 There are authorized to be appropriated such sums

26 as are necessary to carry out this title.
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1 TITLE IX—MISSOURI RIVER

2 RESTORATION

3 SEC. 901. SHORT TITLE.

4 This title shall be known as the ‘‘Missouri River Res5 toration Act of 2000’’.

6 SEC. 902. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—Congress finds that—

8 (1) the Missouri River is—

9 (A) an invaluable economic, environmental,

10 recreational, and cultural resource to the people

11 of the United States; and

12 (B) a critical source of water for drinking

13 and irrigation;

14 (2) millions of people fish, hunt, and camp

15 along the Missouri River each year;

16 (3) thousands of sites of spiritual importance to

17 Native Americans line the shores of the Missouri

18 River;

19 (4) the Missouri River provides critical wildlife

20 habitat for threatened and endangered species;

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

22 program—

23 (A) to promote the general economic devel24 opment of the United States;
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1 (B) to provide for irrigation above Sioux

2 City, Iowa;

3 (C) to protect urban and rural areas from

4 devastating floods of the Missouri River; and

5 (D) for other purposes;

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

7 Gavins Point Dams were constructed on the Mis8 souri River in South Dakota under the Pick-Sloan

9 program;

10 (7) the dams referred to in paragraph (6)—

11 (A) generate low-cost electricity for mil12 lions of people in the United States;

13 (B) provide revenue to the Treasury; and

14 (C) provide flood control that has pre15 vented billions of dollars of damage;

16 (8) the Oahe, Big Bend, Fort Randall, and

17 Gavins Point Dams have reduced the ability of the

18 Missouri River to carry sediment downstream, re19 sulting in the accumulation of sediment in the res20 ervoirs known as Lake Oahe, Lake Sharpe, Lake

21 Francis Case, and Lewis and Clark Lake;

22 (9) the sediment depositions—

23 (A) cause shoreline flooding;

24 (B) destroy wildlife habitat;

25 (C) limit recreational opportunities;
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1 (D) threaten the long-term ability of dams

2 to provide hydropower and flood control under

3 the Pick-Sloan program;

4 (E) reduce water quality; and

5 (F) threaten intakes for drinking water

6 and irrigation; and

7 (10) to meet the objectives established by Con8 gress for the Pick-Sloan program, it is necessary to

9 establish a Missouri River Restoration Program—

10 (A) to improve conservation;

11 (B) to reduce the deposition of sediment;

12 and

13 (C) to take other steps necessary for prop14 er management of the Missouri River.

15 (b) PURPOSES.—The purposes of this title are—

16 (1) to reduce the siltation of the Missouri River

17 in the State of South Dakota;

18 (2) to meet the objectives of the Pick-Sloan pro19 gram by developing and implementing a long-term

20 strategy—

21 (A) to improve conservation in the Mis22 souri River watershed;

23 (B) to protect recreation on the Missouri

24 River from sedimentation;
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1 (C) to improve water quality in the Mis2 souri River;

3 (D) to improve erosion control along the

4 Missouri River; and

5 (E) to protect Indian and non-Indian his6 torical and cultural sites along the Missouri

7 River from erosion; and

8 (3) to meet the objectives described in para9 graphs (1) and (2) by developing and financing new

10 programs in accordance with the plan.

11 SEC. 903. DEFINITIONS.

12 In this title:

13 (1) COMMITTEE.—The term ‘‘Committee’’

14 means the Executive Committee appointed under

15 section 904(d).

16 (2) PICK-SLOAN PROGRAM.—The term ‘‘Pick17 Sloan program’’ means the Pick-Sloan Missouri

18 River Basin Program authorized by section 9 of the

19 Act of December 22, 1944 (58 Stat. 891, chapter

20 665).

21 (3) PLAN.—The term ‘‘plan’’ means the plan

22 for the use of funds made available by this title that

23 is required to be prepared under section 905(e).

24 (4) STATE.—The term ‘‘State’’ means the State

25 of South Dakota.
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1 (5) TASK FORCE.—The term ‘‘Task Force’’

2 means the Missouri River Task Force established by

3 section 905(a).

4 (6) TRUST.—The term ‘‘Trust’’ means the Mis5 souri River Trust established by section 904(a).

6 SEC. 904. MISSOURI RIVER TRUST.

7 (a) ESTABLISHMENT.—There is established a com8 mittee to be known as the Missouri River Trust.

9 (b) MEMBERSHIP.—The Trust shall be composed of

10 25 members to be appointed by the Secretary, including—

11 (1) 15 members recommended by the Governor

12 of South Dakota that—

13 (A) represent equally the various interests

14 of the public; and

15 (B) include representatives of—

16 (i) the South Dakota Department of

17 Environment and Natural Resources;

18 (ii) the South Dakota Department of

19 Game, Fish, and Parks;

20 (iii) environmental groups;

21 (iv) the hydroelectric power industry;

22 (v) local governments;

23 (vi) recreation user groups;

24 (vii) agricultural groups; and

25 (viii) other appropriate interests;
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1 (2) 9 members, 1 of each of whom shall be rec2 ommended by each of the 9 Indian tribes in the

3 State of South Dakota; and

4 (3) 1 member recommended by the organization

5 known as the ‘‘Three Affiliated Tribes of North Da6 kota’’ (composed of the Mandan, Hidatsa, and

7 Arikara tribes).

8 SEC. 905. MISSOURI RIVER TASK FORCE.

9 (a) ESTABLISHMENT.—There is established the Mis10 souri River Task Force.

11 (b) MEMBERSHIP.—The Task Force shall be com12 posed of—

13 (1) the Secretary (or a designee), who shall

14 serve as Chairperson;

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

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

17 (4) the Secretary of the Interior (or a des18 ignee); and

19 (5) the Trust.

20 (c) DUTIES.—The Task Force shall—

21 (1) meet at least twice each year;

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

23 requiring votes in favor of the plan by a majority of

24 the members;
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1 (3) review projects to meet the goals of the

2 plan; and

3 (4) recommend to the Secretary critical projects

4 for implementation.

5 (d) ASSESSMENT.—

6 (1) IN GENERAL.—Not later than 18 months

7 after the date on which funding authorized under

8 this title becomes available, the Secretary shall sub9 mit to the other members of the Task Force a report

10 on—

11 (A) the impact of the siltation of the Mis12 souri River in the State, including the impact

13 on—

14 (i) the Federal, State, and regional

15 economies;

16 (ii) recreation;

17 (iii) hydropower generation;

18 (iv) fish and wildlife; and

19 (v) flood control;

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

21 historical and cultural sites along the Missouri

22 River;

23 (C) the extent of erosion along the Mis24 souri River (including tributaries of the Mis25 souri River) in the State; and
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1 (D) other issues, as requested by the Task

2 Force.

3 (2) CONSULTATION.—In preparing the report

4 under paragraph (1), the Secretary shall consult

5 with—

6 (A) the Secretary of Energy;

7 (B) the Secretary of the Interior;

8 (C) the Secretary of Agriculture;

9 (D) the State; and

10 (E) Indian tribes in the State.

11 (e) PLAN FOR USE OF FUNDS MADE AVAILABLE BY

12 THIS TITLE.—

13 (1) IN GENERAL.—Not later than 3 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 pro19 vide for the manner in which the Task Force shall

20 develop and recommend critical restoration projects

21 to promote—

22 (A) conservation practices in the Missouri

23 River watershed;

24 (B) the general control and removal of

25 sediment from the Missouri River;
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1 (C) the protection of recreation on the

2 Missouri 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

14 final, in accordance with procedures established

15 by the 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 re22 view and comment on any proposed revi23 sion to the plan.

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

2 by the Task Force under subsection (c)(2), the Sec3 retary, in coordination with the Task Force, shall

4 identify critical restoration projects to carry out the

5 plan.

6 (2) AGREEMENT.—The Secretary may carry

7 out a critical restoration project after entering into

8 an agreement with an appropriate non-Federal inter9 est in accordance with—

10 (A) section 221 of the Flood Control Act

11 of 1970 (42 U.S.C. 1962d–5b); and

12 (B) this section.

13 (3) INDIAN PROJECTS.—To the maximum ex14 tent practicable, the Secretary shall ensure that not

15 less than 30 percent of the funds made available for

16 critical restoration projects under this title shall be

17 used exclusively for projects that are—

18 (A) within the boundary of an Indian res19 ervation; or

20 (B) administered by an Indian tribe.

21 (g) COST SHARING.—

22 (1) ASSESSMENT.—

23 (A) FEDERAL SHARE.—The Federal share

24 of the cost of carrying out the assessment

25 under subsection (d) shall be 75 percent.
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1 (B) NON-FEDERAL SHARE.—The non-Fed2 eral share of the cost of carrying out the assess3 ment under subsection (d) may be provided in

4 the form of services, materials, or other in-kind

5 contributions.

6 (2) PLAN.—

7 (A) FEDERAL SHARE.—The Federal share

8 of the cost of preparing the plan under sub9 section (e) shall be 75 percent.

10 (B) NON-FEDERAL SHARE.—Not more

11 than 50 percent of the non-Federal share of the

12 cost of preparing the plan under subsection (e)

13 may be provided in the form of services, mate14 rials, or other in-kind contributions.

15 (3) CRITICAL RESTORATION PROJECTS.—

16 (A) IN GENERAL.—A non-Federal cost

17 share shall be required to carry out any critical

18 restoration project under subsection (f) that

19 does not primarily benefit the Federal Govern20 ment, as determined by the Task Force.

21 (B) FEDERAL SHARE.—The Federal share

22 of the cost of carrying out a critical restoration

23 project under subsection (f) for which the Task

24 Force requires a non-Federal cost share under

25 subparagraph (A) shall be 65 percent, not to
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1 exceed $5,000,000 for any critical restoration

2 project.

3 (C) NON-FEDERAL SHARE.—

4 (i) IN GENERAL.—Not more than 50

5 percent of the non-Federal share of the

6 cost of carrying out a critical restoration

7 project described in subparagraph (B) may

8 be provided in the form of services, mate9 rials, or other in-kind contributions.

10 (ii) REQUIRED NON-FEDERAL CON11 TRIBUTIONS.—For any critical restoration

12 project described in subparagraph (B), the

13 non-Federal interest shall—

14 (I) provide all land, easements,

15 rights-of-way, dredged material dis16 posal areas, and relocations;

17 (II) pay all operation, mainte18 nance, replacement, repair, and reha19 bilitation costs; and

20 (III) hold the United States

21 harmless from all claims arising from

22 the construction, operation, and main23 tenance of the project.
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1 (iii) CREDIT.—The non-Federal inter2 est shall receive credit for all contributions

3 provided under clause (ii)(I).

4 SEC. 906. ADMINISTRATION.

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

6 or affects—

7 (1) any water right of an Indian tribe;

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

9 specifically provided in another provision of this

10 title;

11 (3) any treaty right that is in effect on the date

12 of enactment of this Act;

13 (4) any external boundary of an Indian reserva14 tion of an Indian tribe;

15 (5) any authority of the State that relates to

16 the protection, regulation, or management of fish,

17 terrestrial wildlife, and cultural and archaeological

18 resources, except as specifically provided in this title;

19 or

20 (6) any authority of the Secretary, the Sec21 retary of the Interior, or the head of any other Fed22 eral agency under a law in effect on the date of en23 actment of this Act, including—

24 (A) the National Historic Preservation Act

25 (16 U.S.C. 470 et seq.);
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1 (B) the Archaeological Resources Protec2 tion Act of 1979 (16 U.S.C. 470aa et seq.);

3 (C) the Fish and Wildlife Coordination Act

4 (16 U.S.C. 661 et seq.);

5 (D) the Act entitled ‘‘An Act for the pro6 tection of the bald eagle’’, approved June 8,

7 1940 (16 U.S.C. 668 et seq.);

8 (E) the Migratory Bird Treaty Act (16

9 U.S.C. 703 et seq.);

10 (F) the Endangered Species Act of 1973

11 (16 U.S.C. 1531 et seq.);

12 (G) the Native American Graves Protec13 tion and Repatriation Act (25 U.S.C. 3001 et

14 seq.);

15 (H) the Federal Water Pollution Control

16 Act (33 U.S.C. 1251 et seq.);

17 (I) the Safe Drinking Water Act (42

18 U.S.C. 300f et seq.); and

19 (J) the National Environmental Policy Act

20 of 1969 (42 U.S.C. 4321 et seq.).

21 (b) FEDERAL LIABILITY FOR DAMAGE.—Nothing in

22 this title relieves the Federal Government of liability for

23 damage to private property caused by the operation of the

24 Pick-Sloan program.
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1 (c) FLOOD CONTROL.—Notwithstanding any other

2 provision of this title, the Secretary shall retain the au3 thority to operate the Pick-Sloan program for the pur4 poses of meeting the requirements of the Act of December

5 22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701–1

6 et seq.).

7 (d) USE OF FUNDS.—Funds transferred to the Trust

8 may be used to pay the non-Federal share required under

9 Federal programs.

10 SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

11 (a) INITIAL FUNDING.—There is authorized to be ap12 propriated to the Secretary to carry out this title

13 $4,000,000 for each of fiscal years 2001 through 2010,

14 to remain available until expended.

15 (b) EXISTING PROGRAMS.—The Secretary shall fund

16 programs authorized under the Pick-Sloan program in ex17 istence on the date of enactment of this Act at levels that

18 are not less than funding levels for those programs as of

19 that date.

Passed the Senate September 25 (legislative day,

September 22), 2000.

Attest:

Secretary.
106TH CONGRESS

2D SESSION S. 2796

AN ACT

To provide for the conservation and development of

water and related resources, to authorize the Secretary of the Army to construct various projectsfor improvements to rivers and harbors of theUnited States, and for other purposes.