II

Calendar No. 729

106TH CONGRESS

2D SESSION S. 2796

[Report No. 106–362]

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.

IN THE SENATE OF THE UNITED STATES

JUNE 27, 2000

Mr. VOINOVICH (for himself, Mr. SMITH of New Hampshire, and Mr. BAUCUS) introduced the following bill; which was read twice and referred to

the Committee on Environment and Public Works

JULY 27, 2000

Reported by Mr. SMITH of New Hampshire, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

4 (b) TABLE OF CONTENTS.—The table of contents of

5 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.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Boydsville, Arkansas.

Sec. 302. White River Basin, Arkansas and Missouri.

Sec. 303. Gasparilla and Estero Islands, Florida.

Sec. 304. Fort Hall Indian Reservation, Idaho.

Sec. 305. Upper Des Plaines River and tributaries, Illinois.

Sec. 306. Morganza, Louisiana.

Sec. 307. Red River Waterway, Louisiana.

Sec. 308. William Jennings Randolph Lake, Maryland.

Sec. 309. New Madrid County, Missouri.

Sec. 310. Pemiscot County Harbor, Missouri.
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Sec. 311. Pike County, Missouri.

Sec. 312. Fort Peck fish hatchery, Montana.

Sec. 313. Mines Falls Park, New Hampshire.

Sec. 314. Sagamore Creek, New Hampshire.

Sec. 315. Passaic River Basin flood management, New Jersey.

Sec. 316. Rockaway Inlet to Norton Point, New York.

Sec. 317. John Day Pool, Oregon and Washington.

Sec. 318. Fox Point hurricane barrier, Providence, Rhode Island.

Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.

Sec. 320. Lake Champlain watershed, Vermont and New York.

Sec. 321. Mount St. Helens, Washington.

Sec. 322. Puget Sound and adjacent waters restoration, Washington.

Sec. 323. Fox River System, Wisconsin.

Sec. 324. Chesapeake Bay oyster restoration.

Sec. 325. Great Lakes dredging levels adjustment.

Sec. 326. Great Lakes fishery and ecosystem restoration.

Sec. 327. Great Lakes remedial action plans and sediment remediation.

Sec. 328. Great Lakes tributary model.

Sec. 329. Treatment of dredged material from Long Island Sound.

Sec. 330. New England water resources and ecosystem restoration.

Sec. 331. Project deauthorizations.

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

Sec. 411. Boise River, Idaho.

Sec. 412. Wood River, Idaho.

Sec. 413. Chicago, Illinois.

Sec. 414. Boeuf and Black, Louisiana.

Sec. 415. Port of Iberia, Louisiana.

Sec. 416. South Louisiana.

Sec. 417. St. John the Baptist Parish, Louisiana.

Sec. 418. Narraguagus River, Milbridge, Maine.

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

Sec. 420. Merrimack River Basin, Massachusetts and New Hampshire.

Sec. 421. Port of Gulfport, Mississippi.

Sec. 422. Upland disposal sites in New Hampshire.

Sec. 423. Missouri River basin, North Dakota, South Dakota, and Nebraska.

Sec. 424. Cuyahoga River, Ohio.

Sec. 425. Fremont, Ohio.

Sec. 426. Grand Lake, Oklahoma.

Sec. 427. Dredged material disposal site, Rhode Island.

Sec. 428. Chickamauga Lock and Dam, Tennessee.

Sec. 429. Germantown, Tennessee.
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Sec. 430. Horn Lake Creek and Tributaries, Tennessee and Mississippi.

Sec. 431. Cedar Bayou, Texas.

Sec. 432. Houston Ship Channel, Texas.

Sec. 433. San Antonio Channel, Texas.

Sec. 434. White River watershed below Mud Mountain Dam, Washington.

Sec. 435. Willapa Bay, Washington.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Visitors centers.

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

Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.

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 project for water resources development and con9 servation and other purposes is authorized to be carried

10 out by the Secretary substantially in accordance with the

11 plans, and subject to the conditions, described in the des12 ignated report: The project for navigation, New York-New

13 Jersey Harbor: Report of the Chief of Engineers dated

14 May 2, 2000, at a total cost of $1,781,235,000, with an

15 estimated Federal cost of $738,631,000 and an estimated

16 non-Federal cost of $1,042,604,000.

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

18 following projects for water resources development and

19 conservation and other purposes are authorized to be car20 ried out by the Secretary substantially in accordance with
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1 the plans, and subject to the conditions, recommended in

2 a final report of the Chief of Engineers if a favorable re3 port of the Chief is completed not later than December

4 31, 2000:

5 (1) FALSE PASS HARBOR, ALASKA.—The

6 project for navigation, False Pass Harbor, Alaska,

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

8 Federal cost of $10,000,000 and an estimated non9 Federal cost of $5,000,000.

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

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

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

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

14 of $8,000,000.

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

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

17 total cost of $26,400,000, with an estimated Federal

18 cost of $17,100,000 and an estimated non-Federal

19 cost of $9,300,000.

20 (4) TRES RIOS, ARIZONA.—The project for envi21 ronmental restoration, Tres Rios, Arizona, at a total

22 cost of $90,000,000, with an estimated Federal cost

23 of $58,000,000 and an estimated non-Federal cost

24 of $32,000,000.
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1 (5) LOS ANGELES HARBOR, CALIFORNIA.—The

2 project for navigation, Los Angeles Harbor, Cali3 fornia, at a total cost of $168,900,000, with an esti4 mated Federal cost of $44,000,000 and an esti5 mated non-Federal cost of $124,900,000.

6 (6) MURRIETA CREEK, CALIFORNIA.—The

7 project for flood control, Murrieta Creek, California,

8 at a total cost of $43,100,000, with an estimated

9 Federal cost of $27,800,000 and an estimated non10 Federal cost of $15,300,000.

11 (7) PINE FLAT DAM, CALIFORNIA.—The project

12 for fish and wildlife restoration, Pine Flat Dam,

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

14 estimated Federal cost of $22,000,000 and an esti15 mated non-Federal cost of $12,000,000.

16 (8) RANCHOS PALOS VERDES, CALIFORNIA.—

17 The project for environmental restoration, Ranchos

18 Palos Verdes, California, at a total cost of

19 $18,100,000, with an estimated Federal cost of

20 $11,800,000 and an estimated non-Federal cost of

21 $6,300,000.

22 (9) SANTA BARBARA STREAMS, CALIFORNIA.—

23 The project for flood damage reduction, Santa Bar24 bara Streams, Lower Mission Creek, California, at a

25 total cost of $17,100,000, with an estimated Federal
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1 cost of $8,600,000 and an estimated non-Federal

2 cost of $8,500,000.

3 (10) UPPER NEWPORT BAY HARBOR, CALI4 FORNIA.—The project for environmental restoration,

5 Upper Newport Bay Harbor, California, at a total

6 cost of $28,280,000, with an estimated Federal cost

7 of $18,390,000 and an estimated non-Federal cost

8 of $9,890,000.

9 (11) WHITEWATER RIVER BASIN, CALI10 FORNIA.—The project for flood damage reduction,

11 Whitewater River basin, California, at a total cost of

12 $26,000,000, with an estimated Federal cost of

13 $16,900,000 and an estimated non-Federal cost of

14 $9,100,000.

15 (12) TAMPA HARBOR, FLORIDA.—Modification

16 of the project for navigation, Tampa Harbor, Flor17 ida, authorized by section 4 of the Act of September

18 22, 1922 (42 Stat. 1042, chapter 427), to deepen

19 the Port Sutton Channel, at a total cost of

20 $7,245,000, with an estimated Federal cost of

21 $4,709,000 and an estimated non-Federal cost of

22 $2,536,000.

23 (13) BARBERS POINT HARBOR, OAHU, HA24 WAII.—The project for navigation, Barbers Point

25 Harbor, Oahu, Hawaii, at a total cost of
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1 $51,000,000, with an estimated Federal cost of

2 $21,000,000 and an estimated non-Federal cost of

3 $30,000,000.

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

5 AND KENTUCKY.—The project for navigation, John

6 T. Myers Lock and Dam, Ohio River, Indiana and

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

of construction of the project shall be paid 1 8 ⁄2 from

9 amounts appropriated from the general fund of the

Treasury and 1 10 ⁄2 from amounts appropriated from

11 the Inland Waterways Trust Fund.

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

13 The project for navigation, Greenup Lock and Dam,

14 Ohio River, Kentucky, at a total cost of

15 $183,000,000. The costs of construction of the

project shall be paid 1 16 ⁄2 from amounts appropriated

from the general fund of the Treasury and 1 17 ⁄2 from

18 amounts appropriated from the Inland Waterways

19 Trust Fund.

20 (16) MORGANZA, LOUISIANA, TO GULF OF MEX21 ICO.—The project for hurricane protection,

22 Morganza, Louisiana, to the Gulf of Mexico, at a

23 total cost of $550,000,000, with an estimated Fed24 eral cost of $358,000,000 and an estimated non25 Federal cost of $192,000,000.
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1 (17) BARNEGAT INLET TO LITTLE EGG INLET,

2 NEW JERSEY.—The project for shore protection,

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

4 a total cost of $51,203,000, with an estimated Fed5 eral cost of $33,282,000 and an estimated non-Fed6 eral cost of $17,921,000, and at an estimated aver7 age annual cost of $1,751,000 for periodic nourish8 ment over the 50-year life of the project, with an es9 timated annual Federal cost of $1,138,000 and an

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

11 (18) RARITAN BAY AND SANDY HOOK BAY,

12 CLIFFWOOD BEACH, NEW JERSEY.—The project for

13 shore protection, Raritan Bay and Sandy Hook Bay,

14 Cliffwood Beach, New Jersey, at a total cost of

15 $5,219,000, with an estimated Federal cost of

16 $3,392,000 and an estimated non-Federal cost of

17 $1,827,000, and at an estimated average annual

18 cost of $110,000 for periodic nourishment over the

19 50-year life of the project, with an estimated annual

20 Federal cost of $55,000 and an estimated annual

21 non-Federal cost of $55,000.

22 (19) RARITAN BAY AND SANDY HOOK BAY,

23 PORT MONMOUTH, NEW JERSEY.—The project for

24 shore protection, Raritan Bay and Sandy Hook Bay,

25 Port Monmouth, New Jersey, at a total cost of
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1 $30,081,000, with an estimated Federal cost of

2 $19,553,000 and an estimated non-Federal cost of

3 $10,528,000, and at an estimated average annual

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

5 50-year life of the project, with an estimated annual

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

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

8 (20) MEMPHIS, TENNESSEE.—The project for

9 ecosystem restoration, Wolf River, Memphis, Ten10 nessee, at a total cost of $10,933,000, with an esti11 mated Federal cost of $7,106,000 and an estimated

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

13 (21) JACKSON HOLE, WYOMING.—

14 (A) IN GENERAL.—The project for envi15 ronmental restoration, Jackson Hole, Wyoming,

16 at a total cost of $100,000,000, with an esti17 mated Federal cost of $65,000,000 and an esti18 mated non-Federal cost of $35,000,000.

19 (B) NON-FEDERAL SHARE.—

20 (i) IN GENERAL.—The non-Federal

21 share of the costs of the project may be

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

23 services or materials.

24 (ii) CREDIT.—The non-Federal inter25 est shall receive credit toward the non-Fed-
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1 eral share of project costs for design and

2 construction work carried out by the non3 Federal interest before the date of execu4 tion of a project cooperation agreement for

5 the project, if the Secretary finds that the

6 work is integral to the project.

7 (22) OHIO RIVER.—The program for protection

8 and restoration of fish and wildlife habitat in and

9 along the main stem of the Ohio River, consisting of

10 projects described in a comprehensive plan, at a

11 total cost of $200,000,000, with an estimated Fed12 eral cost of $160,000,000 and an estimated non13 Federal cost of $40,000,000.

14 SEC. 102. SMALL SHORE PROTECTION PROJECTS.

15 The Secretary shall conduct a study for each of the

16 following projects, and if the Secretary determines that

17 a project is feasible, may carry out the project under sec18 tion 3 of the Act of August 13, 1946 (33 U.S.C. 426g):

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

20 beach restoration and protection, Highway 70, Lake

21 Palourde, St. Mary and St. Martin Parishes, Lou22 isiana.

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

24 beach restoration and protection, Bayou Road, St.

25 Bernard, Louisiana.
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1 SEC. 103. SMALL NAVIGATION PROJECTS.

2 The Secretary shall conduct a study for each of the

3 following projects and, if the Secretary determines that

4 a project is feasible, may carry out the project under sec5 tion 107 of the River and Harbor Act of 1960 (33 U.S.C.

6 577):

7 (1) HOUMA NAVIGATION CANAL, LOUISIANA.—

8 Project for navigation, Houma Navigation Canal,

9 Terrebonne Parish, Louisiana.

10 (2) VIDALIA PORT, LOUISIANA.—Project for

11 navigation, Vidalia Port, Louisiana.

12 SEC. 104. REMOVAL OF SNAGS AND CLEARING AND

13 STRAIGHTENING OF CHANNELS IN NAVI14 GABLE WATERS.

15 The Secretary shall conduct a study for each of the

16 following projects and, if the Secretary determines that

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

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

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

20 removal of snags and clearing and straightening of

21 channels for flood control, Bayou Manchac, Ascen22 sion Parish, Louisiana.

23 (2) BLACK BAYOU AND HIPPOLYTE COULEE,

24 LOUISIANA.—Project for removal of snags and clear25 ing and straightening of channels for flood control,
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1 Black Bayou and Hippolyte Coulee, Calcasieu Par2 ish, Louisiana.

3 SEC. 105. SMALL BANK STABILIZATION PROJECTS.

4 The Secretary shall conduct a study for each of the

5 following projects and, if the Secretary determines that

6 a project is feasible, may carry out the project under sec7 tion 14 of the Flood Control Act of 1946 (33 U.S.C.

8 701r):

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

10 for emergency streambank protection, Bayou des

11 Glaises (Lee Chatelain Road), Avoyelles Parish,

12 Louisiana.

13 (2) BAYOU PLAQUEMINE, LOUISIANA.—Project

14 for emergency streambank protection, Highway 77,

15 Bayou Plaquemine, Iberville Parish, Louisiana.

16 (3) HAMMOND, LOUISIANA.—Project for emer17 gency streambank protection, Fagan Drive Bridge,

18 Hammond, Louisiana.

19 (4) IBERVILLE PARISH, LOUISIANA.—Project

20 for emergency streambank protection, Iberville Par21 ish, Louisiana.

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

23 emergency streambank protection, Parish Road 120

24 at Lake Arthur, Louisiana.
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1 (6) LAKE CHARLES, LOUISIANA.—Project for

2 emergency streambank protection, Pithon Coulee,

3 Lake Charles, Calcasieu Parish, Louisiana.

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

5 emergency streambank protection, Loggy Bayou,

6 Bienville Parish, Louisiana.

7 (8) SCOTLANDVILLE BLUFF, LOUISIANA.—

8 Project for emergency streambank protection,

9 Scotlandville Bluff, East Baton Rouge Parish, Lou10 isiana.

11 SEC. 106. SMALL FLOOD CONTROL PROJECTS.

12 The Secretary shall conduct a study for each of the

13 following projects and, if the Secretary determines that

14 a project is feasible, may carry out the project under sec15 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

16 701s):

17 (1) WEISER RIVER, IDAHO.—Project for flood

18 damage reduction, Weiser River, Idaho.

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

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

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

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

23 Louisiana.

24 (4) BRAITHWAITE PARK, LOUISIANA.—Project

25 for flood control, Braithwaite Park, Louisiana.
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1 (5) CANE BEND SUBDIVISION, LOUISIANA.—

2 Project for flood control, Cane Bend Subdivision,

3 Bossier Parish, Louisiana.

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

5 flood control, Crown Point, Louisiana.

6 (7) DONALDSONVILLE CANALS, LOUISIANA.—

7 Project for flood control, Donaldsonville Canals,

8 Louisiana.

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

10 flood control, Goose Bayou, Louisiana.

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

12 control, Gumby Dam, Richland Parish, Louisiana.

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

14 flood control, Hope Canal, Louisiana.

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

16 flood control, Jean Lafitte, Louisiana.

17 (12) LOCKPORT TO LAROSE, LOUISIANA.—

18 Project for flood control, Lockport to Larose, Lou19 isiana.

20 (13) LOWER LAFITTE BASIN, LOUISIANA.—

21 Project for flood control, Lower Lafitte Basin, Lou22 isiana.

23 (14) OAKVILLE TO LAREUSSITE, LOUISIANA.—

24 Project for flood control, Oakville to LaReussite,

25 Louisiana.
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1 (15) PAILET BASIN, LOUISIANA.—Project for

2 flood control, Pailet Basin, Louisiana.

3 (16) POCHITOLAWA CREEK, LOUISIANA.—

4 Project for flood control, Pochitolawa Creek, Lou5 isiana.

6 (17) ROSETHORN BASIN, LOUISIANA.—Project

7 for flood control, Rosethorn Basin, Louisiana.

8 (18) SHREVEPORT, LOUISIANA.—Project for

9 flood control, Twelve Mile Bayou, Shreveport, Lou10 isiana.

11 (19) STEPHENSVILLE, LOUISIANA.—Project for

12 flood control, Stephensville, Louisiana.

13 (20) ST. JOHN THE BAPTIST PARISH, LOU14 ISIANA.—Project for flood control, St. John the

15 Baptist Parish, Louisiana.

16 (21) MAGBY CREEK AND VERNON BRANCH, MIS17 SISSIPPI.—Project for flood control, Magby Creek

18 and Vernon Branch, Lowndes County, Mississippi.

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

20 flood control, Fritz Landing, Tennessee.

21 SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE

22 QUALITY OF THE ENVIRONMENT.

23 The Secretary shall conduct a study for each of the

24 following projects and, if the Secretary determines that

25 a project is appropriate, may carry out the project under
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1 section 1135(a) of the Water Resources Development Act

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

3 (1) BAYOU SAUVAGE NATIONAL WILDLIFE REF4 UGE, LOUISIANA.—Project for improvement of the

5 quality of the environment, Bayou Sauvage National

6 Wildlife Refuge, Orleans Parish, Louisiana.

7 (2) GULF INTRACOASTAL WATERWAY, BAYOU

8 PLAQUEMINE, LOUISIANA.—Project for improvement

9 of the quality of the environment, Gulf Intracoastal

10 Waterway, Bayou Plaquemine, Iberville Parish, Lou11 isiana.

12 (3) GULF INTRACOASTAL WATERWAY, MILES

13 220 TO 222.5, LOUISIANA.—Project for improvement

14 of the quality of the environment, Gulf Intracoastal

15 Waterway, miles 220 to 222.5, Vermilion Parish,

16 Louisiana.

17 (4) GULF INTRACOASTAL WATERWAY, WEEKS

18 BAY, LOUISIANA.—Project for improvement of the

19 quality of the environment, Gulf Intracoastal Water20 way, Weeks Bay, Iberia Parish, Louisiana.

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

22 for improvement of the quality of the environment,

23 Lake Fausse Point, Louisiana.
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1 (6) LAKE PROVIDENCE, LOUISIANA.—Project

2 for improvement of the quality of the environment,

3 Old River, Lake Providence, Louisiana.

4 (7) NEW RIVER, LOUISIANA.—Project for im5 provement of the quality of the environment, New

6 River, Ascension Parish, Louisiana.

7 (8) ERIE COUNTY, OHIO.—Project for improve8 ment of the quality of the environment, Sheldon’s

9 Marsh State Nature Preserve, Erie County, Ohio.

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

11 improvement of the quality of the environment, Dil12 lon Reservoir watershed, Licking River, Mushingum

13 County, Ohio.

14 SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.

15 The Secretary may carry out the following projects

16 under section 204 of the Water Resources Development

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

18 (1) HOUMA NAVIGATION CANAL, LOUISIANA.—

19 Project to make beneficial use of dredged material

20 from a Federal navigation project that includes bar21 rier island restoration at the Houma Navigation

22 Canal, Terrebonne Parish, Louisiana.

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

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

25 use of dredged material from a Federal navigation
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1 project that includes dredging of the Mississippi

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

3 Parish, Louisiana.

4 (3) MISSISSIPPI RIVER GULF OUTLET, MILE 11

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

6 use of dredged material from a Federal navigation

7 project that includes dredging of the Mississippi

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

9 Parish, Louisiana.

10 (4) PLAQUEMINES PARISH, LOUISIANA.—

11 Project to make beneficial use of dredged material

12 from a Federal navigation project that includes

13 marsh creation at the contained submarine mainte14 nance dredge sediment trap, Plaquemines Parish,

15 Louisiana.

16 (5) OTTAWA COUNTY, OHIO.—Project to pro17 tect, restore, and create aquatic and related habitat

18 using dredged material, East Harbor State Park,

19 Ottawa County, Ohio.

20 SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION

21 PROJECTS.

22 The Secretary may carry out the following projects

23 under section 206 of the Water Resources Development

24 Act of 1996 (33 U.S.C. 2330):
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1 (1) BRAUD BAYOU, LOUISIANA.—Project for

2 aquatic ecosystem restoration, Braud Bayou, Span3 ish Lake, Ascension Parish, Louisiana.

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

5 aquatic ecosystem restoration, Buras Marina, Buras,

6 Plaquemines Parish, Louisiana.

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

8 aquatic ecosystem restoration, Comite River at Hoo9 per Road, Louisiana.

10 (4) DEPARTMENT OF ENERGY 21-INCH PIPE11 LINE CANAL, LOUISIANA.—Project for aquatic eco12 system restoration, Department of Energy 21-inch

13 Pipeline Canal, St. Martin Parish, Louisiana.

14 (5) LAKE BORGNE, LOUISIANA.—Project for

15 aquatic ecosystem restoration, southern shores of

16 Lake Borgne, Louisiana.

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

18 aquatic ecosystem restoration, Lake Martin, Lou19 isiana.

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

21 ecosystem restoration, Luling Oxidation Pond, St.

22 Charles Parish, Louisiana.

23 (8) MANDEVILLE, LOUISIANA.—Project for

24 aquatic ecosystem restoration, Mandeville, St. Tam25 many Parish, Louisiana.
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1 (9) ST. JAMES, LOUISIANA.—Project for aquatic

2 ecosystem restoration, St. James, Louisiana.

3 (10) NORTH HAMPTON, NEW HAMPSHIRE.—

4 Project for aquatic ecosystem restoration, Little

5 River Salt Marsh, North Hampton, New Hampshire.

6 (11) HIGHLAND COUNTY, OHIO.—Project for

7 aquatic ecosystem restoration, Rocky Fork Lake,

8 Clear Creek floodplain, Highland County, Ohio.

9 (12) HOCKING COUNTY, OHIO.—Project for

10 aquatic ecosystem restoration, Long Hollow Mine,

11 Hocking County, Ohio.

12 (13) TUSCARAWAS COUNTY, OHIO.—Project for

13 aquatic ecosystem restoration, Huff Run,

14 Tuscarawas County, Ohio.

15 (14) CENTRAL AMAZON CREEK, OREGON.—

16 Project for aquatic ecosystem restoration, Central

17 Amazon Creek, Oregon.

18 (15) DELTA PONDS, OREGON.—Project for

19 aquatic ecosystem restoration, Delta Ponds, Oregon.

20 (16) EUGENE MILLRACE, OREGON.—Project for

21 aquatic ecosystem restoration, Eugene Millrace, Or22 egon.

23 (17) ROSLYN LAKE, OREGON.—Project for

24 aquatic ecosystem restoration, Roslyn Lake, Oregon.
22

•S 2796 RS

1 SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORA2 TION.

3 Section 212(e) of the Water Resources Development

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

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

6 end;

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

8 the end and inserting ‘‘; and’’; and

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

10 ‘‘(24) Perry Creek, Iowa.’’.

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

12 Section 217 of the Water Resources Development Act

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

14 the following:

15 ‘‘(f) FORT CANBY STATE PARK, BENSON BEACH,

16 WASHINGTON.—The Secretary may design and construct

17 a shore protection project at Fort Canby State Park, Ben18 son Beach, Washington, including beneficial use of

19 dredged material from Federal navigation projects as pro20 vided under section 145 of the Water Resources Develop21 ment Act of 1976 (33 U.S.C. 426j).’’.

22 TITLE II—GENERAL PROVISIONS

23 SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.

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

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

26 (1) by striking ‘‘State legislative’’; and
23

•S 2796 RS

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

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

3 State’’.

4 SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.

5 Section 729 of the Water Resources Development Act

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

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

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

9 water resources needs of river basins and watersheds of

10 the United States, including needs relating to—

11 ‘‘(1) ecosystem protection and restoration;

12 ‘‘(2) flood damage reduction;

13 ‘‘(3) navigation and ports;

14 ‘‘(4) watershed protection;

15 ‘‘(5) water supply; and

16 ‘‘(6) drought preparedness.

17 ‘‘(b) COOPERATION.—An assessment under sub18 section (a) shall be carried out in cooperation and coordi19 nation with—

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

21 ‘‘(2) the Secretary of Agriculture;

22 ‘‘(3) the Secretary of Commerce;

23 ‘‘(4) the Administrator of the Environmental

24 Protection Agency; and

25 ‘‘(5) the heads of other appropriate agencies.
24

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

2 under subsection (a), the Secretary shall consult with Fed3 eral, tribal, State, interstate, and local governmental enti4 ties.

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

6 In selecting river basins and watersheds for assessment

7 under this section, the Secretary shall give priority to the

8 Delaware River basin.

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

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

11 may accept contributions, in cash or in kind, from Fed12 eral, tribal, State, interstate, and local governmental enti13 ties to the extent that the Secretary determines that the

14 contributions will facilitate completion of the assessment.

15 ‘‘(f) COST-SHARING REQUIREMENTS.—

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

17 share of the costs of an assessment carried out

18 under this section shall be 50 percent.

19 ‘‘(2) CREDIT.—

20 ‘‘(A) IN GENERAL.—Subject to subpara21 graph (B), the non-Federal interests may re22 ceive credit toward the non-Federal share re23 quired under paragraph (1) for the provision of

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

25 contributions.
25

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1 ‘‘(B) MAXIMUM AMOUNT OF CREDIT.—

2 Credit under subparagraph (A) shall not exceed

3 an amount equal to 25 percent of the costs of

4 the assessment.

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

6 is authorized to be appropriated to carry out this section

7 $15,000,000.’’.

8 SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

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

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

11 in section 4 of the Indian Self-Determination and Edu12 cation Assistance Act (25 U.S.C. 450b).

13 (b) PROGRAM.—

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

15 tribes and the heads of other Federal agencies, the

16 Secretary may study and determine the feasibility of

17 carrying out water resources development projects

18 that—

19 (A) will substantially benefit Indian tribes;

20 and

21 (B) are located primarily within Indian

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

23 United States Code) or in proximity to Alaska

24 Native villages.
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1 (2) MATTERS TO BE STUDIED.—A study con2 ducted under paragraph (1) may address—

3 (A) projects for flood damage reduction,

4 environmental restoration and protection, and

5 preservation of cultural and natural resources;

6 and

7 (B) such other projects as the Secretary,

8 in cooperation with Indian tribes and the heads

9 of other Federal agencies, determines to be ap10 propriate.

11 (c) CONSULTATION AND COORDINATION WITH SEC12 RETARY OF THE INTERIOR.—

13 (1) IN GENERAL.—In recognition of the unique

14 role of the Secretary of the Interior concerning trust

15 responsibilities with Indian tribes, and in recognition

16 of mutual trust responsibilities, the Secretary shall

17 consult with the Secretary of the Interior concerning

18 studies conducted under subsection (b).

19 (2) INTEGRATION OF ACTIVITIES.—The Sec20 retary shall—

21 (A) integrate civil works activities of the

22 Department of the Army with activities of the

23 Department of the Interior to avoid conflicts,

24 duplications of effort, or unanticipated adverse

25 effects on Indian tribes; and
27

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1 (B) consider the authorities and programs

2 of the Department of the Interior and other

3 Federal agencies in any recommendations con4 cerning carrying out projects studied under

5 subsection (b).

6 (d) PRIORITY PROJECTS.—In selecting water re7 sources development projects for study under this section,

8 the Secretary shall give priority to—

9 (1) the project along the upper Snake River

10 within and adjacent to the Fort Hall Indian Res11 ervation, Idaho, authorized by section 304; and

12 (2) the project for the Tribal Reservation of the

13 Shoalwater Bay Indian Tribe on Willapa Bay,

14 Washington, authorized by section 435(b).

15 (e) COST SHARING.—

16 (1) ABILITY TO PAY.—

17 (A) IN GENERAL.—Any cost-sharing agree18 ment for a study under subsection (b) shall be

19 subject to the ability of the non-Federal interest

20 to pay.

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

22 a non-Federal interest to pay shall be deter23 mined by the Secretary in accordance with pro24 cedures established by the Secretary.

25 (2) CREDIT.—
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1 (A) IN GENERAL.—Subject to subpara2 graph (B), in conducting studies of projects

3 under subsection (b), the Secretary may provide

4 credit to the non-Federal interest for the provi5 sion of services, studies, supplies, or other in6 kind contributions to the extent that the Sec7 retary determines that the services, studies,

8 supplies, and other in-kind contributions will fa9 cilitate completion of the project.

10 (B) MAXIMUM AMOUNT OF CREDIT.—

11 Credit under subparagraph (A) shall not exceed

12 an amount equal to the non-Federal share of

13 the costs of the study.

14 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

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

16 $5,000,000 for each of fiscal years 2002 through 2006,

17 of which not more than $1,000,000 may be used with re18 spect to any 1 Indian tribe.

19 SEC. 204. ABILITY TO PAY.

20 Section 103(m) of the Water Resources Development

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

22 (1) by striking paragraphs (1) and (2) and in23 serting the following:

24 ‘‘(1) IN GENERAL.—Any cost-sharing agree25 ment under this section for a feasibility study, or for
29

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1 construction of an environmental protection and res2 toration project, a flood control project, or an agri3 cultural water supply project, shall be subject to the

4 ability of the non-Federal interest to pay.

5 ‘‘(2) CRITERIA AND PROCEDURES.—

6 ‘‘(A) IN GENERAL.—The ability of a non7 Federal interest to pay shall be determined by

8 the Secretary in accordance with—

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

10 date on which revised criteria and proce11 dures are promulgated under subpara12 graph (B), criteria and procedures in effect

13 on the day before the date of enactment of

14 this subparagraph; and

15 ‘‘(ii) after the date on which revised

16 criteria and procedures are promulgated

17 under subparagraph (B), the revised cri18 teria and procedures promulgated under

19 subparagraph (B).

20 ‘‘(B) REVISED CRITERIA AND PROCE21 DURES.—Not later than 18 months after the

22 date of enactment of this subparagraph, in ac23 cordance with paragraph (3), the Secretary

24 shall promulgate revised criteria and procedures
30

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1 governing the ability of a non-Federal interest

2 to pay.’’; and

3 (2) in paragraph (3)—

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

5 ‘‘and’’ at the end; and

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

7 and inserting the following:

8 ‘‘(B) may consider additional criteria relat9 ing to—

10 ‘‘(i) the financial ability of the non11 Federal interest to carry out its cost-shar12 ing responsibilities; or

13 ‘‘(ii) additional assistance that may be

14 available from other Federal or State

15 sources.’’.

16 SEC. 205. PROPERTY PROTECTION PROGRAM.

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

18 program to reduce vandalism and destruction of property

19 at water resources development projects under the juris20 diction of the Department of the Army.

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

22 program, the Secretary may provide rewards (including

23 cash rewards) to individuals who provide information or

24 evidence leading to the arrest and prosecution of individ25 uals causing damage to Federal property.
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1 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

2 authorized to be appropriated to carry out this section

3 $500,000 for each fiscal year.

4 SEC. 206. NATIONAL RECREATION RESERVATION SERVICE.

5 Notwithstanding section 611 of the Treasury and

6 General Government Appropriations Act, 1999 (Public

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

8 (1) participate in the National Recreation Res9 ervation Service on an interagency basis; and

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

11 the activities required to implement, operate, and

12 maintain the Service.

13 SEC. 207. OPERATION AND MAINTENANCE OF HYDRO14 ELECTRIC FACILITIES.

15 Section 314 of the Water Resources Development Act

16 of 1990 (33 U.S.C. 2321) is amended in the first sentence

17 by inserting before the period at the end the following:

18 ‘‘in cases in which the activities require specialized train19 ing relating to hydroelectric power generation’’.

20 SEC. 208. INTERAGENCY AND INTERNATIONAL SUPPORT.

21 Section 234(d) of the Water Resources Development

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

23 (1) in the first sentence, by striking

24 ‘‘$1,000,000’’ and inserting ‘‘$2,000,000’’; and
32

•S 2796 RS

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

2 after ‘‘carry’’.

3 SEC. 209. REBURIAL AND CONVEYANCE AUTHORITY.

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

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

6 in section 4 of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 450b).

8 (b) REBURIAL.—

9 (1) REBURIAL AREAS.—In consultation with af10 fected Indian tribes, the Secretary may identify and

11 set aside areas at civil works projects of the Depart12 ment of the Army that may be used to rebury Na13 tive American remains that—

14 (A) have been discovered on project land;

15 and

16 (B) have been rightfully claimed by a lineal

17 descendant or Indian tribe in accordance with

18 applicable Federal law.

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

20 the consent of the lineal descendant or the affected

21 Indian tribe, the Secretary may recover and rebury,

22 at full Federal expense, the remains at the areas

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

24 (c) CONVEYANCE AUTHORITY.—
33

•S 2796 RS

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

2 notwithstanding any other provision of law, the Sec3 retary may convey to an Indian tribe for use as a

4 cemetery an area at a civil works project that is

5 identified and set aside by the Secretary under sub6 section (b)(1).

7 (2) RETENTION OF NECESSARY PROPERTY IN8 TERESTS.—In carrying out paragraph (1), the Sec9 retary shall retain any necessary right-of-way, ease10 ment, or other property interest that the Secretary

11 determines to be necessary to carry out the author12 ized purposes of the project.

13 SEC. 210. APPROVAL OF CONSTRUCTION OF DAMS AND

14 DIKES.

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

16 401), is amended—

17 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

18 ‘‘It shall’’;

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

20 inserting the following:

21 ‘‘(b) WATERWAYS WITHIN A SINGLE STATE.—Not22 withstanding subsection (a), structures described in sub23 section (a)’’;

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

25 following:
34

•S 2796 RS

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

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

3 the following:

4 ‘‘(d) APPLICABILITY.—

5 ‘‘(1) BRIDGES AND CAUSEWAYS.—The ap6 proval’’; and

7 (5) in subsection (d) (as designated by para8 graph (4)), by adding at the end the following:

9 ‘‘(2) DAMS AND DIKES.—

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

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

12 modification of plans, of any dam or dike, ap13 plies only to a dam or dike that, if constructed,

14 would completely span a waterway used to

15 transport interstate or foreign commerce, in

16 such a manner that actual, existing interstate

17 or foreign commerce could be adversely af18 fected.

19 ‘‘(B) OTHER DAMS AND DIKES.—Any dam

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

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

22 in any other navigable water of the United

23 States—

24 ‘‘(i) shall be subject to section 10; and
35

•S 2796 RS

1 ‘‘(ii) shall not be subject to the ap2 proval requirements of this section.’’.

3 SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.

4 Section 1001 of the Water Resources Development

5 Act of 1986 (33 U.S.C. 579a) is amended to read as fol6 lows:

7 ‘‘SEC. 1001. PROJECT DEAUTHORIZATIONS.

8 ‘‘(a) DEFINITIONS.—In this section:

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

10 with respect to a project or separable element,

11 means—

12 ‘‘(A) in the case of—

13 ‘‘(i) a nonstructural flood control

14 project, the acquisition of land, an ease15 ment, or a right-of-way primarily to relo16 cate a structure; and

17 ‘‘(ii) in the case of any other non18 structural measure, the performance of

19 physical work under a construction con20 tract;

21 ‘‘(B) in the case of an environmental pro22 tection and restoration project—

23 ‘‘(i) the acquisition of land, an ease24 ment, or a right-of-way primarily to facili-
36

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1 tate the restoration of wetland or a similar

2 habitat; or

3 ‘‘(ii) the performance of physical work

4 under a construction contract to modify an

5 existing project facility or to construct a

6 new environmental protection and restora7 tion measure; and

8 ‘‘(C) in the case of any other water re9 sources project, the performance of physical

10 work under a construction contract.

11 ‘‘(2) PHYSICAL WORK UNDER A CONSTRUCTION

12 CONTRACT.—The term ‘physical work under a con13 struction contract’ does not include any activity re14 lated to project planning, engineering and design, re15 location, or the acquisition of land, an easement, or

16 a right-of-way.

17 ‘‘(b) PROJECTS NEVER UNDER CONSTRUCTION.—

18 ‘‘(1) LIST OF PROJECTS.—The Secretary shall

19 annually submit to Congress a list of projects and

20 separable elements of projects that—

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

22 ‘‘(B) for which no Federal funds were obli23 gated for construction during the 4 full fiscal

24 years preceding the date of submission of the

25 list.
37

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

2 project, or separable element of a water resources

3 project, authorized for construction shall be de4 authorized effective at the end of the 7-year period

5 beginning on the date of the most recent authoriza6 tion or reauthorization of the project or separable

7 element unless Federal funds have been obligated for

8 construction of the project or separable element by

9 the end of that period.

10 ‘‘(c) PROJECTS FOR WHICH CONSTRUCTION HAS

11 BEEN SUSPENDED.—

12 ‘‘(1) LIST OF PROJECTS.—The Secretary shall

13 annually submit to Congress a list of projects and

14 separable elements of projects—

15 ‘‘(A) that are authorized for construction;

16 ‘‘(B) for which Federal funds have been

17 obligated for construction of the project or sep18 arable element; and

19 ‘‘(C) for which no Federal funds have been

20 obligated for construction of the project or sep21 arable element during the 2 full fiscal years

22 preceding the date of submission of the list.

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

24 project, or separable element of a water resources

25 project, for which Federal funds have been obligated
38

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1 for construction shall be deauthorized effective at

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

3 Federal funds specifically identified for construction

4 of the project or separable element (in an Act of

5 Congress or in the accompanying legislative report

6 language) have not been obligated for construction.

7 ‘‘(d) CONGRESSIONAL NOTIFICATIONS.—Upon sub8 mission of the lists under subsections (b)(1) and (c)(1),

9 the Secretary shall notify each Senator in whose State,

10 and each Member of the House of Representatives in

11 whose district, the affected project or separable element

12 is or would be located.

13 ‘‘(e) FINAL DEAUTHORIZATION LIST.—The Sec14 retary shall publish annually in the Federal Register a list

15 of all projects and separable elements deauthorized under

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

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

18 (c)(2) take effect 3 years after the date of enactment of

19 this subsection.’’.

20 SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.

21 (a) IN GENERAL.—Section 402(c) of the Water Re22 sources Development Act of 1986 (33 U.S.C. 701b–12(c))

23 is amended—

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

25 striking ‘‘Within 6 months after the date of the en-
39

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1 actment of this subsection, the’’ and inserting

2 ‘‘The’’;

3 (2) by redesignating paragraph (2) as para4 graph (3);

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

6 and inserting the following:

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

8 developed under paragraph (1) shall—

9 ‘‘(A) address’’; and

10 (4) in paragraph (2) (as designated by para11 graph (3))—

12 (A) by inserting ‘‘that non-Federal inter13 ests shall adopt and enforce’’ after ‘‘policies’’;

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

15 inserting ‘‘; and’’; and

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

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

18 measures to preserve the level of flood protec19 tion provided by a project to which subsection

20 (a) applies.’’.

21 (b) APPLICABILITY.—The amendments made by sub22 section (a) shall apply to any project or separable element

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

24 non-Federal interest have not entered a project coopera-
40

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1 tion agreement on or before the date of enactment of this

2 Act.

3 (c) TECHNICAL AMENDMENTS.—Section 402(b) of

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

5 701b–12(b)) is amended—

6 (1) in the subsection heading, by striking

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

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

9 plain’’ and inserting ‘‘floodplain’’.

10 SEC. 213. ENVIRONMENTAL DREDGING.

11 Section 312 of the Water Resources Development Act

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

13 end the following:

14 ‘‘(g) NONPROFIT ENTITIES.—Notwithstanding sec15 tion 221 of the Flood Control Act of 1970 (42 U.S.C.

16 1962d–5b), for any project carried out under this section,

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

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

19 TITLE III—PROJECT-RELATED

20 PROVISIONS

21 SEC. 301. BOYDSVILLE, ARKANSAS.

22 The Secretary shall credit toward the non-Federal

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

24 of the reservoir and associated improvements in the vicin25 ity of Boydsville, Arkansas, authorized by section 402 of
41

•S 2796 RS

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

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

3 planning and engineering investigations carried out by

4 State and local agencies, if the Secretary finds that the

5 investigations are integral to the scope of the feasibility

6 study.

7 SEC. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.

8 Section 374 of the Water Resources Development Act

9 of 1999 (113 Stat. 321) is amended—

10 (1) in subsection (a), by striking ‘‘the fol11 lowing’’ and all that follows and inserting ‘‘the

12 amounts of project storage that are recommended by

13 the report required under subsection (b).’’; and

14 (2) in subsection (b)—

15 (A) in paragraph (1), by inserting before

16 the period at the end the following: ‘‘and does

17 not significantly impact other authorized

18 project purposes’’;

19 (B) in paragraph (2), by striking ‘‘2000’’

20 and inserting ‘‘2002’’; and

21 (C) in paragraph (3)—

22 (i) by inserting ‘‘and to what extent’’

23 after ‘‘whether’’;

24 (ii) in subparagraph (A), by striking

25 ‘‘and’’ at the end;
42

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1 (iii) in subparagraph (B), by striking

2 the period at the end and inserting ‘‘;

3 and’’; and

4 (iv) by adding at the end the fol5 lowing:

6 ‘‘(C) project storage should be reallocated

7 to sustain the tail water trout fisheries.’’.

8 SEC. 303. 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. 304. FORT HALL INDIAN RESERVATION, IDAHO.

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

23 planning, engineering, and design of an adaptive eco24 system restoration, flood damage reduction, and erosion
43

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1 protection project along the upper Snake River within and

2 adjacent to the Fort Hall Indian Reservation, Idaho.

3 (b) PROJECT JUSTIFICATION.—Notwithstanding any

4 other provision of law or requirement for economic jus5 tification, the Secretary may construct and adaptively

6 manage for 10 years, at full Federal expense, a project

7 under this section if the Secretary determines that the

8 project—

9 (1) is a cost-effective means of providing eco10 system restoration, flood damage reduction, and ero11 sion protection;

12 (2) is environmentally acceptable and tech13 nically feasible; and

14 (3) will improve the economic and social condi15 tions of the Shoshone-Bannok Indian Tribe.

16 (c) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—As a

17 condition of the project described in subsection (a), the

18 Shoshone-Bannock Indian Tribe shall provide land, ease19 ments, and rights-of-way necessary for implementation of

20 the project.

21 SEC. 305. UPPER DES PLAINES RIVER AND TRIBUTARIES,

22 ILLINOIS.

23 The Secretary shall credit toward the non-Federal

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

25 of improvements to the upper Des Plaines River and tribu-
44

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1 taries, phase 2, Illinois and Wisconsin, authorized by sec2 tion 419 of the Water Resources Development Act of 1999

3 (113 Stat. 324), the costs of work carried out by the non4 Federal interests in Lake County, Illinois, before the date

5 of execution of the feasibility study cost-sharing agree6 ment, if—

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

8 enter into a feasibility study cost-sharing agreement;

9 and

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

11 to the scope of the feasibility study.

12 SEC. 306. MORGANZA, LOUISIANA.

13 The Secretary shall credit toward the non-Federal

14 share of the project costs of the Mississippi River and trib15 utaries, Morganza, Louisiana, to the Gulf of Mexico,

16 project, authorized under section 101(b)(16), the costs of

17 any work carried out by the non-Federal interests for in18 terim flood protection after March 31, 1989, if the Sec19 retary finds that the work is compatible with, and integral

20 to, the project.

21 SEC. 307. RED RIVER WATERWAY, LOUISIANA.

22 The project for mitigation of fish and wildlife losses,

23 Red River Waterway, Louisiana, authorized by section

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

25 (100 Stat. 4142) and modified by section 4(h) of the
45

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1 Water Resources Development Act of 1988 (102 Stat.

2 4016), section 102(p) of the Water Resources Develop3 ment Act of 1990 (104 Stat. 4613), and section 301(b)(7)

4 of the Water Resources Development Act of 1996 (110

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

6 of mitigation land from willing sellers in any of the par7 ishes that comprise the Red River Waterway District, con8 sisting of Avoyelles, Bossier, Caddo, Grant, Natchitoches,

9 Rapides, and Red River Parishes.

10 SEC. 308. 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. 309. 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
46

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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. 310. 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. 311. 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. 312. 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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•S 2796 RS

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. 313. MINES FALLS PARK, NEW HAMPSHIRE.

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

9 dredging of Mines Falls Park, New Hampshire.

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

11 authorized to be appropriated to carry out this section

12 $1,000,000.

13 SEC. 314. SAGAMORE CREEK, NEW HAMPSHIRE.

14 The Secretary shall carry out maintenance dredging

15 of the Sagamore Creek Channel, New Hampshire.

16 SEC. 315. PASSAIC RIVER BASIN FLOOD MANAGEMENT,

17 NEW JERSEY.

18 (a) IN GENERAL.—The project for flood control, Pas19 saic River, New Jersey and New York, authorized by sec20 tion 101(a)(18) of the Water Resources Development Act

21 of 1990 (104 Stat. 4607), is modified to emphasize non22 structural approaches for flood control as alternatives to

23 the construction of the Passaic River tunnel element, while

24 maintaining the integrity of other separable mainstream

25 project elements, wetland banks, and other independent
55

•S 2796 RS

1 projects that were authorized to be carried out in the Pas2 saic River Basin before the date of enactment of this Act.

3 (b) REEVALUATION OF FLOODWAY STUDY.—The

4 Secretary shall review the Passaic River Floodway Buyout

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

6 a buyout and environmental restoration using the method

7 used to calculate the benefits of structural projects under

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

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

10 (c) REEVALUATION OF 10-YEAR FLOODPLAIN

11 STUDY.—The Secretary shall review the Passaic River

12 Buyout Study of the 10-year floodplain beyond the

13 floodway of the Central Passaic River Basin, dated Sep14 tember 1995, to calculate the benefits of a buyout and

15 environmental restoration using the method used to cal16 culate the benefits of structural projects under section

17 308(b) of the Water Resources Development Act of 1990

18 (33 U.S.C. 2318(b)).

19 (d) PRESERVATION OF NATURAL STORAGE AREAS.—

20 (1) IN GENERAL.—The Secretary shall reevalu21 ate the acquisition, from willing sellers, for flood

22 protection purposes, of wetlands in the Central Pas23 saic River Basin to supplement the wetland acquisi24 tion authorized by section 101(a)(18)(C)(vi) of the
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•S 2796 RS

1 Water Resources Development Act of 1990 (104

2 Stat. 4609).

3 (2) PURCHASE.—If the Secretary determines

4 that the acquisition of wetlands evaluated under

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

6 purchase the wetlands, with the goal of purchasing

7 not more than 8,200 acres.

8 (e) STREAMBANK EROSION CONTROL STUDY.—The

9 Secretary shall review relevant reports and conduct a

10 study to determine the feasibility of carrying out a project

11 for environmental restoration, erosion control, and

12 streambank restoration along the Passaic River, from

13 Dundee Dam to Kearny Point, New Jersey.

14 (f) PASSAIC RIVER FLOOD MANAGEMENT TASK

15 FORCE.—

16 (1) ESTABLISHMENT.—The Secretary, in co17 operation with the non-Federal interest, shall estab18 lish a task force, to be known as the ‘‘Passaic River

19 Flood Management Task Force’’, to provide advice

20 to the Secretary concerning all aspects of the Pas21 saic River flood management project.

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

23 composed of 20 members, appointed as follows:

24 (A) APPOINTMENT BY SECRETARY.—The

25 Secretary shall appoint 1 member to represent
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1 the Corps of Engineers and to provide technical

2 advice to the task force.

3 (B) APPOINTMENTS BY GOVERNOR OF

4 NEW JERSEY.—The Governor of New Jersey

5 shall appoint 18 members to the task force, as

6 follows:

7 (i) 2 representatives of the New Jer8 sey legislature who are members of dif9 ferent political parties.

10 (ii) 1 representative of the State of

11 New Jersey.

12 (iii) 1 representative of each of Ber13 gen, Essex, Morris, and Passaic Counties,

14 New Jersey.

15 (iv) 6 representatives of governments

16 of municipalities affected by flooding with17 in the Passaic River Basin.

18 (v) 1 representative of the Palisades

19 Interstate Park Commission.

20 (vi) 1 representative of the North Jer21 sey District Water Supply Commission.

22 (vii) 1 representative of each of—

23 (I) the Association of New Jersey

24 Environmental Commissions;
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1 (II) the Passaic River Coalition;

2 and

3 (III) the Sierra Club.

4 (C) APPOINTMENT BY GOVERNOR OF NEW

5 YORK.—The Governor of New York shall ap6 point 1 representative of the State of New York

7 to the task force.

8 (3) MEETINGS.—

9 (A) REGULAR MEETINGS.—The task force

10 shall hold regular meetings.

11 (B) OPEN MEETINGS.—The meetings of

12 the task force shall be open to the public.

13 (4) ANNUAL REPORT.—The task force shall

14 submit annually to the Secretary and to the non15 Federal interest a report describing the achieve16 ments of the Passaic River flood management

17 project in preventing flooding and any impediments

18 to completion of the project.

19 (5) EXPENDITURE OF FUNDS.—The Secretary

20 may use funds made available to carry out the Pas21 saic River Basin flood management project to pay

22 the administrative expenses of the task force.

23 (6) TERMINATION.—The task force shall termi24 nate on the date on which the Passaic River flood

25 management project is completed.
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1 (g) ACQUISITION OF LANDS IN THE FLOODWAY.—

2 Section 1148 of the Water Resources Development Act of

3 1986 (100 Stat. 4254; 110 Stat. 3718), is amended by

4 adding at the end the following:

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

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

7 a manner that is consistent with the Blue Acres Program

8 of the State of New Jersey.’’.

9 (h) STUDY OF HIGHLANDS LAND CONSERVATION.—

10 The Secretary, in cooperation with the Secretary of Agri11 culture and the State of New Jersey, may study the feasi12 bility of conserving land in the Highlands region of New

13 Jersey and New York to provide additional flood protec14 tion for residents of the Passaic River Basin in accordance

15 with section 212 of the Water Resources Development Act

16 of 1999 (33 U.S.C. 2332).

17 (i) RESTRICTION ON USE OF FUNDS.—The Secretary

18 shall not obligate any funds to carry out design or con19 struction of the tunnel element of the Passaic River flood

20 control project, as authorized by section 101(a)(18)(A) of

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

22 4607).

23 (j) CONFORMING AMENDMENT.—Section 101(a)(18)

24 of the Water Resources Development Act of 1990 (104

25 Stat. 4607) is amended in the paragraph heading by strik-
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1 ing ‘‘MAIN STEM,’’ and inserting ‘‘FLOOD MANAGEMENT

2 PROJECT,’’.

3 SEC. 316. ROCKAWAY INLET TO NORTON POINT, NEW YORK.

4 (a) IN GENERAL.—The project for shoreline protec5 tion, Atlantic Coast of New York City from Rockaway

6 Inlet to Norton Point (Coney Island Area), New York, au7 thorized by section 501(a) of the Water Resources Devel8 opment Act of 1986 (100 Stat. 4135) is modified to au9 thorize the Secretary to construct T-groins to improve

10 sand retention down drift of the West 37th Street groin,

11 in the Sea Gate area of Coney Island, New York, as identi12 fied in the March 1998 report prepared for the Corps of

13 Engineers, entitled ‘‘Field Data Gathering Project Per14 formance Analysis and Design Alternative Solutions to

15 Improve Sandfill Retention’’, at a total cost of $9,000,000,

16 with an estimated Federal cost of $5,850,000 and an esti17 mated non-Federal cost of $3,150,000.

18 (b) COST SHARING.—The non-Federal share of the

19 costs of constructing the T-groins under subsection (a)

20 shall be 35 percent.

21 SEC. 317. JOHN DAY POOL, OREGON AND WASHINGTON.

22 (a) EXTINGUISHMENT OF REVERSIONARY INTER23 ESTS AND USE RESTRICTIONS.—With respect to the land

24 described in each deed specified in subsection (b)—
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1 (1) the reversionary interests and the use re2 strictions relating to port or industrial purposes are

3 extinguished;

4 (2) the human habitation or other building

5 structure use restriction is extinguished in each area

6 where the elevation is above the standard project

7 flood elevation; and

8 (3) the use of fill material to raise low areas

9 above the standard project flood elevation is author10 ized, except in any low area constituting wetland for

11 which a permit under section 404 of the Federal

12 Water Pollution Control Act (33 U.S.C. 1344) would

13 be required.

14 (b) AFFECTED DEEDS.—Subsection (a) applies to

15 deeds with the following county auditors’ file numbers:

16 (1) Auditor’s File Numbers 101244 and

17 1234170 of Morrow County, Oregon, executed by

18 the United States.

19 (2) The portion of the land conveyed in a deed

20 executed by the United States and bearing Benton

21 County, Washington, Auditor’s File Number

22 601766, described as a tract of land lying in sec. 7,

23 T. 5 N., R. 28 E., Willamette meridian, Benton

24 County, Washington, being more particularly de25 scribed by the following boundaries:
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•S 2796 RS

1 (A) Commencing at the point of intersec2 tion of the centerlines of Plymouth Street and

3 Third Avenue in the First Addition to the Town

4 of Plymouth (according to the duly recorded

5 plat thereof).

6 (B) Thence west along the centerline of

7 Third Avenue, a distance of 565 feet.

8 (C) Thence south 54° 10’ west, to a point

9 on the west line of Tract 18 of that Addition

10 and the true point of beginning.

11 (D) Thence north, parallel with the west

12 line of that sec. 7, to a point on the north line

13 of that sec. 7.

14 (E) Thence west along the north line

15 thereof to the northwest corner of that sec. 7.

16 (F) Thence south along the west line of

17 that sec. 7 to a point on the ordinary high

18 water line of the Columbia River.

19 (G) Thence northeast along that high

20 water line to a point on the north and south co21 ordinate line of the Oregon Coordinate System,

22 North Zone, that coordinate line being east

23 2,291,000 feet.
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1 (H) Thence north along that line to a

2 point on the south line of First Avenue of that

3 Addition.

4 (I) Thence west along First Avenue to a

5 point on the southerly extension of the west line

6 of T. 18.

7 (J) Thence north along that west line of T.

8 18 to the point of beginning.

9 SEC. 318. FOX POINT HURRICANE BARRIER, PROVIDENCE,

10 RHODE ISLAND.

11 Section 352 of the Water Resources Development Act

12 of 1999 (113 Stat. 310) is amended—

13 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

14 ‘‘The’’; and

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

16 ‘‘(b) CREDIT TOWARD NON-FEDERAL SHARE.—The

17 non-Federal interest shall receive credit toward the non18 Federal share of project costs, or reimbursement, for the

19 Federal share of the costs of repairs authorized under sub20 section (a) that are incurred by the non-Federal interest

21 before the date of execution of the project cooperation

22 agreement.’’.

23 SEC. 319. JOE POOL LAKE, TRINITY RIVER BASIN, TEXAS.

24 (a) IN GENERAL.—The Secretary shall enter into an

25 agreement with the city of Grand Prairie, Texas, under
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•S 2796 RS

1 which the city agrees to assume all responsibilities of the

2 Trinity River Authority of the State of Texas under Con3 tract No. DACW63–76–C–0166, other than financial re4 sponsibilities, except the responsibility described in sub5 section (d).

6 (b) RESPONSIBILITIES OF TRINITY RIVER AUTHOR7 ITY.—The Trinity River Authority shall be relieved of all

8 financial responsibilities under the contract described in

9 subsection (a) as of the date on which the Secretary enters

10 into the agreement with the city under that subsection.

11 (c) PAYMENTS BY CITY.—In consideration of the

12 agreement entered into under subsection (a), the city shall

13 pay the Federal Government $4,290,000 in 2

14 installments—

15 (1) 1 installment in the amount of $2,150,000,

16 which shall be due and payable not later than De17 cember 1, 2000; and

18 (2) 1 installment in the amount of $2,140,000,

19 which shall be due and payable not later than De20 cember 1, 2003.

21 (d) OPERATION AND MAINTENANCE COSTS.—The

22 agreement entered into under subsection (a) shall include

23 a provision requiring the city to assume responsibility for

24 all costs associated with operation and maintenance of the
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1 recreation facilities included in the contract described in

2 that subsection.

3 SEC. 320. LAKE CHAMPLAIN WATERSHED, VERMONT AND

4 NEW YORK.

5 (a) DEFINITIONS.—In this section:

6 (1) CRITICAL RESTORATION PROJECT.—The

7 term ‘‘critical restoration project’’ means a project

8 that will produce, consistent with Federal programs,

9 projects, and activities, immediate and substantial

10 ecosystem restoration, preservation, and protection

11 benefits.

12 (2) LAKE CHAMPLAIN WATERSHED.—The term

13 ‘‘Lake Champlain watershed’’ means—

14 (A) the land areas within Addison,

15 Bennington, Caledonia, Chittenden, Franklin,

16 Grand Isle, Lamoille, Orange, Orleans, Rut17 land, and Washington Counties in the State of

18 Vermont; and

19 (B)(i) the land areas that drain into Lake

20 Champlain and that are located within Essex,

21 Clinton, Franklin, Warren, and Washington

22 Counties in the State of New York; and

23 (ii) the near-shore areas of Lake Cham24 plain within the counties referred to in clause

25 (i).
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1 (b) CRITICAL RESTORATION PROJECTS.—

2 (1) IN GENERAL.—The Secretary may partici3 pate in critical restoration projects in the Lake

4 Champlain watershed.

5 (2) TYPES OF PROJECTS.—A critical restora6 tion project shall be eligible for assistance under this

7 section if the critical restoration project consists

8 of—

9 (A) implementation of an intergovern10 mental agreement for coordinating regulatory

11 and management responsibilities with respect to

12 the Lake Champlain watershed;

13 (B) acceleration of whole farm planning to

14 implement best management practices to main15 tain or enhance water quality and to promote

16 agricultural land use in the Lake Champlain

17 watershed;

18 (C) acceleration of whole community plan19 ning to promote intergovernmental cooperation

20 in the regulation and management of activities

21 consistent with the goal of maintaining or en22 hancing water quality in the Lake Champlain

23 watershed;
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1 (D) natural resource stewardship activities

2 on public or private land to promote land uses

3 that—

4 (i) preserve and enhance the economic

5 and social character of the communities in

6 the Lake Champlain watershed; and

7 (ii) protect and enhance water quality;

8 or

9 (E) any other activity determined by the

10 Secretary to be appropriate.

11 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec12 retary may provide assistance for a critical restoration

13 project under this section only if—

14 (1) the critical restoration project is publicly

15 owned; or

16 (2) the non-Federal interest with respect to the

17 critical restoration project demonstrates that the

18 critical restoration project will provide a substantial

19 public benefit in the form of water quality improve20 ment.

21 (d) PROJECT SELECTION.—

22 (1) IN GENERAL.—In consultation with the

23 heads of other appropriate Federal, State, tribal,

24 and local agencies, the Secretary may—
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1 (A) identify critical restoration projects in

2 the Lake Champlain watershed; and

3 (B) carry out the critical restoration

4 projects after entering into an agreement with

5 an appropriate non-Federal interest in accord6 ance with section 221 of the Flood Control Act

7 of 1970 (42 U.S.C. 1962d–5b) and this section.

8 (2) CERTIFICATION.—

9 (A) IN GENERAL.—A critical restoration

10 project shall be eligible for financial assistance

11 under this section only if the State director for

12 the critical restoration project certifies to the

13 Secretary that the critical restoration project

14 will contribute to the protection and enhance15 ment of the quality or quantity of the water re16 sources of the Lake Champlain watershed.

17 (B) SPECIAL CONSIDERATION.—In certi18 fying critical restoration projects to the Sec19 retary, State directors shall give special consid20 eration to projects that implement plans, agree21 ments, and measures that preserve and enhance

22 the economic and social character of the com23 munities in the Lake Champlain watershed.

24 (e) COST SHARING.—
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1 (1) IN GENERAL.—Before providing assistance

2 under this section with respect to a critical restora3 tion project, the Secretary shall enter into a project

4 cooperation agreement that shall require the non5 Federal interest—

6 (A) to pay 35 percent of the total costs of

7 the critical restoration project;

8 (B) to acquire any land, easements, rights9 of-way, relocations, and dredged material dis10 posal areas necessary to carry out the critical

11 restoration project;

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

13 maintenance, repair, replacement, and rehabili14 tation costs associated with the critical restora15 tion project; and

16 (D) to hold the United States harmless

17 from any claim or damage that may arise from

18 carrying out the critical restoration project, ex19 cept any claim or damage that may arise from

20 the negligence of the Federal Government or a

21 contractor of the Federal Government.

22 (2) NON-FEDERAL SHARE.—

23 (A) CREDIT FOR DESIGN WORK.—The

24 non-Federal interest shall receive credit for the

25 reasonable costs of design work carried out by
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1 the non-Federal interest before the date of exe2 cution of a project cooperation agreement for

3 the critical restoration project, if the Secretary

4 finds that the design work is integral to the

5 critical restoration project.

6 (B) CREDIT FOR LAND, EASEMENTS, AND

7 RIGHTS-OF-WAY.—The non-Federal interest

8 shall receive credit for the value of any land,

9 easement, right-of-way, relocation, or dredged

10 material disposal area provided for carrying out

11 the critical restoration project.

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

13 provide up to 50 percent of the non-Federal

14 share in the form of services, materials, sup15 plies, or other in-kind contributions.

16 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

17 LAWS.—Nothing in this section waives, limits, or other18 wise affects the applicability of Federal or State law with

19 respect to a critical restoration project carried out with

20 assistance provided under this section.

21 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

22 authorized to be appropriated to carry out this section

23 $20,000,000, to remain available until expended.
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1 SEC. 321. MOUNT ST. HELENS, WASHINGTON.

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

3 Washington, authorized by the matter under the heading

4 ‘‘TRANSFER OF FEDERAL TOWNSITES’’ in chapter IV of

5 title I of the Supplemental Appropriations Act, 1985 (99

6 Stat. 318), is modified to authorize the Secretary to main7 tain, for Longview, Kelso, Lexington, and Castle Rock on

8 the Cowlitz River, Washington, the flood protection levels

9 specified in the October 1985 report entitled ‘‘Mount St.

10 Helens, Washington, Decision Document (Toutle, Cowlitz,

11 and Columbia Rivers)’’, published as House Document

12 No. 135, 99th Congress, signed by the Chief of Engineers,

13 and endorsed and submitted to Congress by the Acting

14 Assistant Secretary of the Army.

15 SEC. 322. PUGET SOUND AND ADJACENT WATERS RES16 TORATION, WASHINGTON.

17 (a) DEFINITION OF CRITICAL RESTORATION

18 PROJECT.—In this section, the term ‘‘critical restoration

19 project’’ means a project that will produce, consistent with

20 Federal programs, projects, and activities, immediate and

21 substantial ecosystem restoration, preservation, and pro22 tection benefits.

23 (b) CRITICAL RESTORATION PROJECTS.—The Sec24 retary may participate in critical restoration projects in

25 the area of Puget Sound, Washington, and adjacent wa26 ters, including—
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1 (1) the watersheds that drain directly into

2 Puget Sound;

3 (2) Admiralty Inlet;

4 (3) Hood Canal;

5 (4) Rosario Strait; and

6 (5) the eastern portion of the Strait of Juan de

7 Fuca.

8 (c) PROJECT SELECTION.—In consultation with the

9 Secretary of the Interior, the Secretary of Commerce, and

10 the heads of other appropriate Federal, tribal, State, and

11 local agencies, the Secretary may—

12 (1) identify critical restoration projects in the

13 area described in subsection (b); and

14 (2) carry out the critical restoration projects

15 after entering into an agreement with an appro16 priate non-Federal interest in accordance with sec17 tion 221 of the Flood Control Act of 1970 (42

18 U.S.C. 1962d–5b) and this section.

19 (d) PRIORITIZATION OF PROJECTS.—In prioritizing

20 projects for implementation under this section, the Sec21 retary shall consult with, and give full consideration to the

22 priorities of, public and private entities that are active in

23 watershed planning and ecosystem restoration in Puget

24 Sound watersheds, including—

25 (1) the Salmon Recovery Funding Board;
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1 (2) the Northwest Straits Commission;

2 (3) the Hood Canal Coordinating Council;

3 (4) county watershed planning councils; and

4 (5) salmon enhancement groups.

5 (e) COST SHARING.—

6 (1) IN GENERAL.—Before carrying out any crit7 ical restoration project under this section, the Sec8 retary shall enter into a binding agreement with the

9 non-Federal interest that shall require the non-Fed10 eral interest—

11 (A) to pay 35 percent of the total costs of

12 the critical restoration project;

13 (B) to acquire any land, easements, rights14 of-way, relocations, and dredged material dis15 posal areas necessary to carry out the critical

16 restoration project;

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

18 maintenance, repair, replacement, and rehabili19 tation costs associated with the critical restora20 tion project; and

21 (D) to hold the United States harmless

22 from any claim or damage that may arise from

23 carrying out the critical restoration project, ex24 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) CREDIT.—

4 (A) IN GENERAL.—The non-Federal inter5 est shall receive credit for the value of any land,

6 easement, right-of-way, relocation, or dredged

7 material disposal area provided for carrying out

8 the critical restoration project.

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

10 provide up to 50 percent of the non-Federal

11 share in the form of services, materials, sup12 plies, or other in-kind contributions.

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

14 authorized to be appropriated to carry out this section

15 $20,000,000, of which not more than $5,000,000 may be

16 used to carry out any 1 critical restoration project.

17 SEC. 323. FOX RIVER SYSTEM, WISCONSIN.

18 Section 332(a) of the Water Resources Development

19 Act of 1992 (106 Stat. 4852) is amended—

20 (1) by striking ‘‘The Secretary’’ and inserting

21 the following:

22 ‘‘(1) IN GENERAL.—The Secretary’’; and

23 (2) by adding at the end the following:

24 ‘‘(2) PAYMENTS TO STATE.—The terms and

25 conditions may include 1 or more payments to the
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1 State of Wisconsin to assist the State in paying the

2 costs of repair and rehabilitation of the transferred

3 locks and appurtenant features.’’.

4 SEC. 324. CHESAPEAKE BAY OYSTER RESTORATION.

5 Section 704(b) of the Water Resources Development

6 Act of 1986 (33 U.S.C. 2263(b)) is amended—

7 (1) in the second sentence, by striking

8 ‘‘$7,000,000’’ and inserting ‘‘$20,000,000’’; and

9 (2) by striking paragraph (4) and inserting the

10 following:

11 ‘‘(4) the construction of reefs and related clean

12 shell substrate for fish habitat, including manmade

13 3-dimensional oyster reefs, in the Chesapeake Bay

14 and its tributaries in Maryland and Virginia—

15 ‘‘(A) which reefs shall be preserved as per16 manent sanctuaries by the non-Federal inter17 ests, consistent with the recommendations of

18 the scientific consensus document on Chesa19 peake Bay oyster restoration dated June 1999;

20 and

21 ‘‘(B) for assistance in the construction of

22 which reefs the Chief of Engineers shall solicit

23 participation by and the services of commercial

24 watermen.’’.
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1 SEC. 325. GREAT LAKES DREDGING LEVELS ADJUSTMENT.

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

3 the term ‘‘Great Lake’’ means Lake Superior, Lake Michi4 gan, Lake Huron (including Lake St. Clair), Lake Erie,

5 and Lake Ontario (including the St. Lawrence River to

6 the 45th parallel of latitude).

7 (b) DREDGING LEVELS.—In operating and maintain8 ing Federal channels and harbors of, and the connecting

9 channels between, the Great Lakes, the Secretary shall

10 conduct such dredging as is necessary to ensure minimal

11 operation depths consistent with the original authorized

12 depths of the channels and harbors when water levels in

13 the Great Lakes are, or are forecast to be, below the Inter14 national Great Lakes Datum of 1985.

15 SEC. 326. GREAT LAKES FISHERY AND ECOSYSTEM RES16 TORATION.

17 (a) FINDINGS.—Congress finds that—

18 (1) the Great Lakes comprise a nationally and

19 internationally significant fishery and ecosystem;

20 (2) the Great Lakes fishery and ecosystem

21 should be developed and enhanced in a coordinated

22 manner; and

23 (3) the Great Lakes fishery and ecosystem pro24 vides a diversity of opportunities, experiences, and

25 beneficial uses.

26 (b) DEFINITIONS.—In this section:
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1 (1) GREAT LAKE.—

2 (A) IN GENERAL.—The term ‘‘Great

3 Lake’’ means Lake Superior, Lake Michigan,

4 Lake Huron (including Lake St. Clair), Lake

5 Erie, and Lake Ontario (including the St. Law6 rence River to the 45th parallel of latitude).

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

8 includes any connecting channel, historically

9 connected tributary, and basin of a lake speci10 fied in subparagraph (A).

11 (2) GREAT LAKES COMMISSION.—The term

12 ‘‘Great Lakes Commission’’ means The Great Lakes

13 Commission established by the Great Lakes Basin

14 Compact (82 Stat. 414).

15 (3) GREAT LAKES FISHERY COMMISSION.—The

16 term ‘‘Great Lakes Fishery Commission’’ has the

17 meaning given the term ‘‘Commission’’ in section 2

18 of the Great Lakes Fishery Act of 1956 (16 U.S.C.

19 931).

20 (4) GREAT LAKES STATE.—The term ‘‘Great

21 Lakes State’’ means each of the States of Illinois,

22 Indiana, Michigan, Minnesota, Ohio, Pennsylvania,

23 New York, and Wisconsin.

24 (5) SECRETARY.—The term ‘‘Secretary’’ means

25 the Secretary of the Army.
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1 (c) GREAT LAKES FISHERY AND ECOSYSTEM RES2 TORATION.—

3 (1) SUPPORT PLAN.—

4 (A) IN GENERAL.—Not later than 1 year

5 after the date of enactment of this Act, the Sec6 retary shall develop a plan for activities of the

7 Corps of Engineers that support the manage8 ment of Great Lakes fisheries.

9 (B) USE OF EXISTING DOCUMENTS.—To

10 the maximum extent practicable, the plan shall

11 make use of and incorporate documents that re12 late to the Great Lakes and are in existence on

13 the date of enactment of this Act, such as

14 lakewide management plans and remedial ac15 tion plans.

16 (C) COOPERATION.—The Secretary shall

17 develop the plan in cooperation with—

18 (i) the signatories to the Joint Stra19 tegic Plan for Management of the Great

20 Lakes Fisheries; and

21 (ii) other affected interests.

22 (2) PROJECTS.—The Secretary shall plan, de23 sign, and construct projects to support the restora24 tion of the fishery, ecosystem, and beneficial uses of

25 the Great Lakes.
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1 (3) EVALUATION PROGRAM.—

2 (A) IN GENERAL.—The Secretary shall de3 velop a program to evaluate the success of the

4 projects carried out under paragraph (2) in

5 meeting fishery and ecosystem restoration

6 goals.

7 (B) STUDIES.—Evaluations under sub8 paragraph (A) shall be conducted in consulta9 tion with the Great Lakes Fishery Commission

10 and appropriate Federal, State, and local agen11 cies.

12 (d) COOPERATIVE AGREEMENTS.—In carrying out

13 this section, the Secretary may enter into a cooperative

14 agreement with the Great Lakes Commission or any other

15 agency established to facilitate active State participation

16 in management of the Great Lakes.

17 (e) RELATIONSHIP TO OTHER GREAT LAKES ACTIVI18 TIES.—No activity under this section shall affect the date

19 of completion of any other activity relating to the Great

20 Lakes that is authorized under other law.

21 (f) COST SHARING.—

22 (1) DEVELOPMENT OF PLAN.—The Federal

23 share of the cost of development of the plan under

24 subsection (c)(1) shall be 65 percent.
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1 (2) PROJECT PLANNING, DESIGN, CONSTRUC2 TION, AND EVALUATION.—The Federal share of the

3 cost of planning, design, construction, and evalua4 tion of a project under paragraph (2) or (3) of sub5 section (c) shall be 65 percent.

6 (3) NON-FEDERAL SHARE.—

7 (A) CREDIT FOR LAND, EASEMENTS, AND

8 RIGHTS-OF-WAY.—The non-Federal interest

9 shall receive credit for the value of any land,

10 easement, right-of-way, relocation, or dredged

11 material disposal area provided for carrying out

12 a project under subsection (c)(2).

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

14 provide up to 50 percent of the non-Federal

15 share required under paragraphs (1) and (2) in

16 the form of services, materials, supplies, or

17 other in-kind contributions.

18 (4) OPERATION AND MAINTENANCE.—The op19 eration, maintenance, repair, rehabilitation, and re20 placement of projects carried out under this section

21 shall be a non-Federal responsibility.

22 (5) NON-FEDERAL INTERESTS.—Notwith23 standing section 221 of the Flood Control Act of

24 1970 (42 U.S.C. 1962d–5b), for any project carried
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1 out under this section, a non-Federal interest may

2 include a private interest and a nonprofit entity.

3 (g) AUTHORIZATION OF APPROPRIATIONS.—

4 (1) DEVELOPMENT OF PLAN.—There is author5 ized to be appropriated for development of the plan

6 under subsection (c)(1) $300,000.

7 (2) OTHER ACTIVITIES.—There is authorized to

8 be appropriated to carry out paragraphs (2) and (3)

9 of subsection (c) $8,000,000 for each of fiscal years

10 2002 through 2006.

11 SEC. 327. GREAT LAKES REMEDIAL ACTION PLANS AND

12 SEDIMENT REMEDIATION.

13 Section 401 of the Water Resources Development Act

14 of 1990 (33 U.S.C. 1268 note; 104 Stat. 4644; 110 Stat.

15 3763; 113 Stat. 338) is amended—

16 (1) in subsection (a)(2)(A), by striking ‘‘50 per17 cent’’ and inserting ‘‘35 percent’’;

18 (2) in subsection (b)—

19 (A) by striking paragraph (3);

20 (B) in the first sentence of paragraph (4),

21 by striking ‘‘50 percent’’ and inserting ‘‘35 per22 cent’’; and

23 (C) by redesignating paragraph (4) as

24 paragraph (3); and
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1 (3) in subsection (c), by striking ‘‘$5,000,000

2 for each of fiscal years 1998 through 2000.’’ and in3 serting ‘‘$10,000,000 for each of fiscal years 2001

4 through 2010.’’.

5 SEC. 328. GREAT LAKES TRIBUTARY MODEL.

6 Section 516 of the Water Resources Development Act

7 of 1996 (33 U.S.C. 2326b) is amended—

8 (1) in subsection (e), by adding at the end the

9 following:

10 ‘‘(3) COST SHARING.—The non-Federal share

11 of the costs of developing a tributary sediment

12 transport model under this subsection shall be 50

13 percent.’’; and

14 (2) in subsection (g)—

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

16 inserting the following:

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

18 (B) by adding at the end the following:

19 ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In ad20 dition to amounts made available under paragraph

21 (1), there is authorized to be appropriated to carry

22 out subsection (e) $5,000,000 for each of fiscal

23 years 2001 through 2008.’’.
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1 SEC. 329. TREATMENT OF DREDGED MATERIAL FROM

2 LONG ISLAND SOUND.

3 (a) IN GENERAL.—Not later than December 31,

4 2002, the Secretary shall carry out a demonstration

5 project for the use of innovative sediment treatment tech6 nologies for the treatment of dredged material from Long

7 Island Sound.

8 (b) PROJECT CONSIDERATIONS.—In carrying out

9 subsection (a), the Secretary shall, to the maximum extent

10 practicable—

11 (1) encourage partnerships between the public

12 and private sectors;

13 (2) build on treatment technologies that have

14 been used successfully in demonstration or full-scale

15 projects (such as projects carried out in the State of

16 New York, New Jersey, or Illinois), such as tech17 nologies described in—

18 (A) section 405 of the Water Resources

19 Development Act of 1992 (33 U.S.C. 2239

20 note; 106 Stat. 4863); or

21 (B) section 503 of the Water Resources

22 Development Act of 1999 (33 U.S.C. 2314

23 note; 113 Stat. 337);

24 (3) ensure that dredged material from Long Is25 land Sound that is treated under the demonstration
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1 project is rendered acceptable for unrestricted open

2 water disposal or beneficial reuse; and

3 (4) ensure that the demonstration project is

4 consistent with the findings and requirements of any

5 draft environmental impact statement on the des6 ignation of 1 or more dredged material disposal sites

7 in Long Island Sound that is scheduled for comple8 tion in 2001.

9 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $20,000,000.

12 SEC. 330. NEW ENGLAND WATER RESOURCES AND ECO13 SYSTEM RESTORATION.

14 (a) DEFINITIONS.—In this section:

15 (1) CRITICAL RESTORATION PROJECT.—The

16 term ‘‘critical restoration project’’ means a project

17 that will produce, consistent with Federal programs,

18 projects, and activities, immediate and substantial

19 ecosystem restoration, preservation, and protection

20 benefits.

21 (2) NEW ENGLAND.—The term ‘‘New England’’

22 means all watersheds, estuaries, and related coastal

23 areas in the States of Connecticut, Maine, Massa24 chusetts, New Hampshire, Rhode Island, and

25 Vermont.
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1 (b) ASSESSMENT.—

2 (1) IN GENERAL.—The Secretary, in coordina3 tion with appropriate Federal, State, tribal, regional,

4 and local agencies, shall perform an assessment of

5 the condition of water resources and related eco6 systems in New England to identify problems and

7 needs for restoring, preserving, and protecting water

8 resources, ecosystems, wildlife, and fisheries.

9 (2) MATTERS TO BE ADDRESSED.—The assess10 ment shall include—

11 (A) development of criteria for identifying

12 and prioritizing the most critical problems and

13 needs; and

14 (B) a framework for development of water15 shed or regional restoration plans.

16 (3) USE OF EXISTING INFORMATION.—In per17 forming the assessment, the Secretary shall, to the

18 maximum extent practicable, use—

19 (A) information that is available on the

20 date of enactment of this Act; and

21 (B) ongoing efforts of all participating

22 agencies.

23 (4) CRITERIA; FRAMEWORK.—

24 (A) IN GENERAL.—Not later than 1 year

25 after the date of enactment of this Act, the Sec-
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1 retary shall develop and make available for pub2 lic review and comment—

3 (i) criteria for identifying and

4 prioritizing critical problems and needs;

5 and

6 (ii) a framework for development of

7 watershed or regional restoration plans.

8 (B) USE OF RESOURCES.—In developing

9 the criteria and framework, the Secretary shall

10 make full use of all available Federal, State,

11 tribal, regional, and local resources.

12 (5) REPORT.—Not later than October l, 2002,

13 the Secretary shall submit to Congress a report on

14 the assessment.

15 (c) RESTORATION PLANS.—

16 (1) IN GENERAL.—After the report is submitted

17 under subsection (b)(5), the Secretary, in coordina18 tion with appropriate Federal, State, tribal, regional,

19 and local agencies, shall—

20 (A) develop a comprehensive plan for re21 storing, preserving, and protecting the water re22 sources and ecosystem in each watershed and

23 region in New England; and

24 (B) submit the plan to Congress.
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1 (2) CONTENTS.—Each restoration plan shall

2 include—

3 (A) a feasibility report; and

4 (B) a programmatic environmental impact

5 statement covering the proposed Federal action.

6 (d) CRITICAL RESTORATION PROJECTS.—

7 (1) IN GENERAL.—After the restoration plans

8 are submitted under subsection (c)(1)(B), the Sec9 retary, in coordination with appropriate Federal,

10 State, tribal, regional, and local agencies, shall iden11 tify critical restoration projects that will produce

12 independent, immediate, and substantial restoration,

13 preservation, and protection benefits.

14 (2) AGREEMENTS.—The Secretary may carry

15 out a critical restoration project after entering into

16 an agreement with an appropriate non-Federal inter17 est in accordance with section 221 of the Flood Con18 trol Act of 1970 (42 U.S.C. 1962d–5b) and this sec19 tion.

20 (3) PROJECT JUSTIFICATION.—Notwith21 standing section 209 of the Flood Control Act of

22 1970 (42 U.S.C. 1962–2) or any other provision of

23 law, in carrying out a critical restoration project

24 under this subsection, the Secretary may determine

25 that the project—
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1 (A) is justified by the environmental bene2 fits derived from the ecosystem; and

3 (B) shall not need further economic jus4 tification if the Secretary determines that the

5 project is cost effective.

6 (4) TIME LIMITATION.—No critical restoration

7 project may be initiated under this subsection after

8 September 30, 2005.

9 (5) COST LIMITATION.—Not more than

10 $5,000,000 in Federal funds may be used to carry

11 out a critical restoration project under this sub12 section.

13 (e) COST SHARING.—

14 (1) ASSESSMENT.—

15 (A) IN GENERAL.—The non-Federal share

16 of the cost of the assessment under subsection

17 (b) shall be 25 percent.

18 (B) IN-KIND CONTRIBUTIONS.—The non19 Federal share may be provided in the form of

20 services, materials, or other in-kind contribu21 tions.

22 (2) RESTORATION PLANS.—

23 (A) IN GENERAL.—The non-Federal share

24 of the cost of developing the restoration plans

25 under subsection (c) shall be determined in ac-
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1 cordance with section 105 of the Water Re2 sources Development Act of 1986 (33 U.S.C.

3 2215).

4 (B) IN-KIND CONTRIBUTIONS.—Up to 50

5 percent of the non-Federal share may be pro6 vided in the form of services, materials, or other

7 in-kind contributions.

8 (3) CRITICAL RESTORATION PROJECTS.—

9 (A) IN GENERAL.—The non-Federal share

10 of the cost of carrying out a critical restoration

11 project under subsection (d) shall be 35 per12 cent.

13 (B) IN-KIND CONTRIBUTIONS.—Up to 50

14 percent of the non-Federal share may be pro15 vided in the form of services, materials, or other

16 in-kind contributions.

17 (C) REQUIRED NON-FEDERAL CONTRIBU18 TION.—For any critical restoration project, the

19 non-Federal interest shall—

20 (i) provide all land, easements, rights21 of-way, dredged material disposal areas,

22 and relocations;

23 (ii) pay all operation, maintenance, re24 placement, repair, and rehabilitation costs;

25 and
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1 (iii) hold the United States harmless

2 from all claims arising from the construc3 tion, operation, and maintenance of the

4 project.

5 (D) CREDIT.—The non-Federal interest

6 shall receive credit for the value of the land,

7 easements, rights-of-way, dredged material dis8 posal areas, and relocations provided under sub9 paragraph (C).

10 (f) AUTHORIZATION OF APPROPRIATIONS.—

11 (1) ASSESSMENT AND RESTORATION PLANS.—

12 There is authorized to be appropriated to carry out

13 subsections (b) and (c) $2,000,000 for each of fiscal

14 years 2001 through 2005.

15 (2) CRITICAL RESTORATION PROJECTS.—There

16 is authorized to be appropriated to carry out sub17 section (d) $30,000,000.

18 SEC. 331. PROJECT DEAUTHORIZATIONS.

19 The following projects or portions of projects are not

20 authorized after the date of enactment of this Act:

21 (1) KENNEBUNK RIVER, KENNEBUNK AND

22 KENNEBUNKPORT, MAINE.—The following portion of

23 the project for navigation, Kennebunk River, Maine,

24 authorized by section 101 of the River and Harbor

25 Act of 1962 (76 Stat. 1173), is not authorized after
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1 the date of enactment of this Act: the portion of the

2 northernmost 6-foot deep anchorage the boundaries

3 of which begin at a point with coordinates

4 N1904693.6500, E418084.2700, thence running

5 south 01 degree 04 minutes 50.3 seconds 35 feet to

6 a point with coordinates N190434.6562,

7 E418084.9301, thence running south 15 degrees 53

8 minutes 45.5 seconds 416.962 feet to a point with

9 coordinates N190033.6386, E418199.1325, thence

10 running north 03 degrees 11 minutes 30.4 seconds

11 70 feet to a point with coordinates N190103.5300,

12 E418203.0300, thence running north 17 degrees 58

13 minutes 18.3 seconds west 384.900 feet to the point

14 of origin.

15 (2) WALLABOUT CHANNEL, BROOKLYN, NEW

16 YORK.—

17 (A) IN GENERAL.—The northeastern por18 tion of the project for navigation, Wallabout

19 Channel, Brooklyn, New York, authorized by

20 the Act of March 3, 1899 (30 Stat. 1124, chap21 ter 425), beginning at a point N682,307.40,

22 E638,918.10, thence running along the courses

23 and distances described in subparagraph (B).
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1 (B) COURSES AND DISTANCES.—The

2 courses and distances referred to in subpara3 graph (A) are the following:

4 (i) South 85 degrees, 44 minutes, 13

5 seconds East 87.94 feet (coordinate:

6 N682,300.86, E639,005.80).

7 (ii) North 74 degrees, 41 minutes, 30

8 seconds East 271.54 feet (coordinate:

9 N682,372.55, E639,267.71).

10 (iii) South 4 degrees, 46 minutes, 02

11 seconds West 170.95 feet (coordinate:

12 N682,202.20, E639,253.50).

13 (iv) South 4 degrees, 46 minutes, 02

14 seconds West 239.97 feet (coordinate:

15 N681,963.06, E639,233.56).

16 (v) North 50 degrees, 48 minutes, 26

17 seconds West 305.48 feet (coordinate:

18 N682,156.10, E638,996.80).

19 (vi) North 3 degrees, 33 minutes, 25

20 seconds East 145.04 feet (coordinate:

21 N682.300.86, E639,005.80).

22 TITLE IV—STUDIES

23 SEC. 401. BALDWIN COUNTY, ALABAMA.

24 The Secretary may conduct a study to determine the

25 feasibility of carrying out beach erosion control, storm
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1 damage reduction, and other measures along the shores

2 of Baldwin County, Alabama.

3 SEC. 402. BONO, ARKANSAS.

4 The Secretary may conduct a study to determine the

5 feasibility of, and need for, a reservoir and associated im6 provements to provide for flood control, recreation, water

7 quality, and fish and wildlife in the vicinity of Bono, Ar8 kansas.

9 SEC. 403. CACHE CREEK BASIN, CALIFORNIA.

10 (a) IN GENERAL.—The Secretary may conduct a

11 study to determine the feasibility of modifying the project

12 for flood control, Cache Creek Basin, California, author13 ized by section 401(a) of the Water Resources Develop14 ment Act of 1986 (100 Stat. 4112), to authorize construc15 tion of features to mitigate impacts of the project on the

16 storm drainage system of the city of Woodland, California,

17 that have been caused by construction of a new south levee

18 of the Cache Creek Settling Basin.

19 (b) REQUIRED ELEMENTS.—The study shall include

20 consideration of—

21 (1) an outlet works through the Yolo Bypass

22 capable of receiving up to 1,600 cubic feet per sec23 ond of storm drainage from the city of Woodland

24 and Yolo County;
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1 (2) a low-flow cross-channel across the Yolo By2 pass, including all appurtenant features, that is suf3 ficient to route storm flows of 1,600 cubic feet per

4 second between the old and new south levees of the

5 Cache Creek Settling Basin, across the Yolo Bypass,

6 and into the Tule Canal; and

7 (3) such other features as the Secretary deter8 mines to be appropriate.

9 SEC. 404. ESTUDILLO CANAL WATERSHED, CALIFORNIA.

10 The Secretary may conduct a study to determine the

11 feasibility of constructing flood control measures in the

12 Estudillo Canal watershed, San Leandro, Calfornia.

13 SEC. 405. LAGUNA CREEK WATERSHED, CALIFORNIA.

14 The Secretary may conduct a study to determine the

15 feasibility of constructing flood control measures in the

16 Laguna Creek watershed, Fremont, California, to provide

17 a 100-year level of flood protection.

18 SEC. 406. OCEANSIDE, CALIFORNIA.

19 Not later than 32 months after the date of enactment

20 of this Act, the Secretary may conduct a special study,

21 at full Federal expense, of plans—

22 (1) to mitigate for the erosion and other im23 pacts resulting from the construction of Camp Pen24 dleton Harbor, Oceanside, California, as a wartime

25 measure; and
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1 (2) to restore beach conditions along the af2 fected public and private shores to the conditions

3 that existed before the construction of Camp Pen4 dleton Harbor.

5 SEC. 407. SAN JACINTO WATERSHED, CALIFORNIA.

6 (a) IN GENERAL.—The Secretary may conduct a wa7 tershed study for the San Jacinto watershed, California.

8 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated to carry out this section

10 $250,000.

11 SEC. 408. CHOCTAWHATCHEE RIVER, FLORIDA.

12 The Secretary may conduct a reconnaissance study

13 to determine the Federal interest in dredging the mouth

14 of the Choctawhatchee River, Florida, to remove the sand

15 plug.

16 SEC. 409. EGMONT KEY, FLORIDA.

17 The Secretary may conduct a study to determine the

18 feasibility of stabilizing the historic fortifications and

19 beach areas of Egmont Key, Florida, that are threatened

20 by erosion.

21 SEC. 410. UPPER OCKLAWAHA RIVER AND APOPKA/

22 PALATLAKAHA RIVER BASINS, FLORIDA.

23 (a) IN GENERAL.—The Secretary may conduct a re24 study of flooding and water quality issues in—
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1 (1) the upper Ocklawaha River basin, south of

2 the Silver River; and

3 (2) the Apopka River and Palatlakaha River

4 basins.

5 (b) REQUIRED ELEMENTS.—In carrying out sub6 section (a), the Secretary shall review the report of the

7 Chief of Engineers on the Four River Basins, Florida,

8 project, published as House Document No. 585, 87th Con9 gress, and other pertinent reports to determine the feasi10 bility of measures relating to comprehensive watershed

11 planning for water conservation, flood control, environ12 mental restoration and protection, and other issues relat13 ing to water resources in the river basins described in sub14 section (a).

15 SEC. 411. BOISE RIVER, IDAHO.

16 The Secretary may conduct a study to determine the

17 feasibility of carrying out multi-objective flood control ac18 tivities along the Boise River, Idaho.

19 SEC. 412. WOOD RIVER, IDAHO.

20 The Secretary may conduct a reconnaissance study

21 to determine the Federal interest in carrying out multi22 objective flood control and flood mitigation planning

23 projects along the Wood River in Blaine County, Idaho.
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1 SEC. 413. CHICAGO, ILLINOIS.

2 (a) IN GENERAL.—The Secretary may conduct a

3 study to determine the feasibility of carrying out projects

4 for water-related urban improvements, including infra5 structure development and improvements, in Chicago, Illi6 nois.

7 (b) SITES.—Under subsection (a), the Secretary may

8 study—

9 (1) the USX/Southworks site;

10 (2) Calumet Lake and River;

11 (3) the Canal Origins Heritage Corridor; and

12 (4) Ping Tom Park.

13 (c) USE OF INFORMATION; CONSULTATION.—In car14 rying out this section, the Secretary shall use available in15 formation from, and consult with, appropriate Federal,

16 State, and local agencies.

17 SEC. 414. BOEUF AND BLACK, LOUISIANA.

18 The Secretary may conduct a study to determine the

19 feasibility of deepening the navigation channel of the

20 Atchafalaya River and Bayous Chene, Boeuf and Black,

21 Louisiana, from 20 feet to 35 feet.

22 SEC. 415. PORT OF IBERIA, LOUISIANA.

23 The Secretary may conduct a study to determine the

24 feasibility of constructing navigation improvements for in25 gress and egress between the Port of Iberia, Louisiana,
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1 and the Gulf of Mexico, including channel widening and

2 deepening.

3 SEC. 416. SOUTH LOUISIANA.

4 The Secretary may conduct a study to determine the

5 feasibility of constructing projects for hurricane protection

6 in the coastal area of the State of Louisiana between Mor7 gan City and the Pearl River.

8 SEC. 417. ST. JOHN THE BAPTIST PARISH, LOUISIANA.

9 The Secretary may conduct a study to determine the

10 feasibility of constructing urban flood control measures on

11 the east bank of the Mississippi River in St. John the Bap12 tist Parish, Louisiana.

13 SEC. 418. NARRAGUAGUS RIVER, MILBRIDGE, MAINE.

14 (a) STUDY OF REDESIGNATION AS ANCHORAGE.—

15 The Secretary may conduct a study to determine the feasi16 bility of redesignating as anchorage a portion of the 11-

17 foot channel of the project for navigation, Narraguagus

18 River, Milbridge, Maine, authorized by section 101 of the

19 River and Harbor Act of 1962 (76 Stat. 1173).

20 (b) STUDY OF REAUTHORIZATION.—The Secretary

21 may conduct a study to determine the feasibility of reau22 thorizing for the purpose of maintenance as anchorage a

23 portion of the project for navigation, Narraguagus River,

24 Milbridge, Maine, authorized by section 2 of the Act of

25 June 14, 1880 (21 Stat. 195, chapter 211), lying adjacent
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1 to and outside the limits of the 11-foot channel and the

2 9-foot channel.

3 SEC. 419. PORTSMOUTH HARBOR AND PISCATAQUA RIVER,

4 MAINE AND NEW HAMPSHIRE.

5 The Secretary may conduct a study to determine the

6 feasibility of modifying the project for navigation, Ports7 mouth Harbor and Piscataqua River, Maine and New

8 Hampshire, authorized by section 101 of the River and

9 Harbor Act of 1962 (76 Stat. 1173) and modified by sec10 tion 202(a) of the Water Resources Development Act of

11 1986 (100 Stat. 4095), to increase the authorized width

12 of turning basins in the Piscataqua River to 1000 feet.

13 SEC. 420. MERRIMACK RIVER BASIN, MASSACHUSETTS AND

14 NEW HAMPSHIRE.

15 (a) IN GENERAL.—The Secretary may conduct a

16 comprehensive study of the water resources needs of the

17 Merrimack River basin, Massachusetts and New Hamp18 shire, in the manner described in section 729 of the Water

19 Resources Development Act of 1986 (100 Stat. 4164).

20 (b) CONSIDERATION OF OTHER STUDIES.—In car21 rying out this section, the Secretary may take into consid22 eration any studies conducted by the University of New

23 Hampshire on environmental restoration of the Merrimack

24 River System.
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1 SEC. 421. PORT OF GULFPORT, MISSISSIPPI.

2 The Secretary may conduct a study to determine the

3 feasibility of modifying the project for navigation, Gulfport

4 Harbor, Mississippi, authorized by section 202(a) of the

5 Water Resources Development Act of 1986 (100 Stat.

6 4094) and modified by section 4(n) of the Water Re7 sources Development Act of 1988 (102 Stat. 4017)—

8 (1) to widen the channel from 300 feet to 450

9 feet; and

10 (2) to deepen the South Harbor channel from

11 36 feet to 42 feet and the North Harbor channel

12 from 32 feet to 36 feet.

13 SEC. 422. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.

14 In conjunction with the State of New Hampshire, the

15 Secretary may conduct a study to identify and evaluate

16 potential upland disposal sites for dredged material origi17 nating from harbor areas located within the State.

18 SEC. 423. MISSOURI RIVER BASIN, NORTH DAKOTA, SOUTH

19 DAKOTA, AND NEBRASKA.

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

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

22 in section 4 of the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 450b).

24 (b) STUDY.—In cooperation with the Secretary of the

25 Interior, the State of South Dakota, the State of North

26 Dakota, the State of Nebraska, county officials, ranchers,
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1 sportsmen, other affected parties, and the Indian tribes

2 referred to in subsection (c)(2), the Secretary may conduct

3 a study to determine the feasibility of the conveyance to

4 the Secretary of the Interior of the land described in sub5 section (c), to be held in trust for the benefit of the Indian

6 tribes referred to in subsection (c)(2).

7 (c) LAND TO BE STUDIED.—The land authorized to

8 be studied for conveyance is the land that—

9 (1) was acquired by the Secretary to carry out

10 the Pick-Sloan Missouri River Basin Program, au11 thorized by section 9 of the Act of December 22,

12 1944 (58 Stat. 891, chapter 665); and

13 (2) is located within the external boundaries of

14 the reservations of—

15 (A) the Three Affiliated Tribes of the Fort

16 Berthold Reservation, North Dakota;

17 (B) the Standing Rock Sioux Tribe of

18 North Dakota and South Dakota;

19 (C) the Crow Creek Sioux Tribe of the

20 Crow Creek Reservation, South Dakota;

21 (D) the Yankton Sioux Tribe of South Da22 kota; and

23 (E) the Santee Sioux Tribe of Nebraska.
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1 SEC. 424. CUYAHOGA RIVER, OHIO.

2 Section 438 of the Water Resources Development Act

3 of 1996 (110 Stat. 3746) is amended to read as follows:

4 ‘‘SEC. 438. CUYAHOGA RIVER, OHIO.

5 ‘‘(a) IN GENERAL.—The Secretary may—

6 ‘‘(1) conduct a study to evaluate the structural

7 integrity of the bulkhead system located on the Fed8 eral navigation channel along the Cuyahoga River

9 near Cleveland, Ohio; and

10 ‘‘(2) provide to the non-Federal interest design

11 analysis, plans and specifications, and cost estimates

12 for repair or replacement of the bulkhead system.

13 ‘‘(b) COST SHARING.—The non-Federal share of the

14 cost of the study shall be 35 percent.

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

16 is authorized to be appropriated to carry out this section

17 $500,000.’’.

18 SEC. 425. FREMONT, OHIO.

19 In consultation with appropriate Federal, State, and

20 local agencies, the Secretary may conduct a study to deter21 mine the feasibility of carrying out projects for water sup22 ply and environmental restoration at the Ballville Dam,

23 on the Sandusky River at Fremont, Ohio.

24 SEC. 426. GRAND LAKE, OKLAHOMA.

25 (a) EVALUATION.—The Secretary may—
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1 (1) evaluate the backwater effects specifically

2 due to flood control operations on land around

3 Grand Lake, Oklahoma; and

4 (2) not later than 180 days after the date of

5 enactment of this Act, submit to Congress a report

6 on whether Federal actions have been a significant

7 cause of the backwater effects.

8 (b) FEASIBILITY STUDY.—

9 (1) IN GENERAL.—The Secretary may conduct

10 a study to determine the feasibility of—

11 (A) addressing the backwater effects of the

12 operation of the Pensacola Dam, Grand/Neosho

13 River basin; and

14 (B) purchasing easements for any land

15 that has been adversely affected by backwater

16 flooding in the Grand/Neosho River basin.

17 (2) COST SHARING.—If the Secretary deter18 mines under subsection (a)(2) that Federal actions

19 have been a significant cause of the backwater ef20 fects, the Federal share of the costs of the feasibility

21 study under paragraph (1) shall be 100 percent.

22 SEC. 427. DREDGED MATERIAL DISPOSAL SITE, RHODE IS23 LAND.

24 In consultation with the Administrator of the Envi25 ronmental Protection Agency, the Secretary may conduct
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1 a study to determine the feasibility of designating a per2 manent site in the State of Rhode Island for the disposal

3 of dredged material.

4 SEC. 428. CHICKAMAUGA LOCK AND DAM, TENNESSEE.

5 (a) IN GENERAL.—The Secretary shall use $200,000,

6 from funds transferred from the Tennessee Valley Author7 ity, to prepare a report of the Chief of Engineers for a

8 replacement lock at Chickamauga Lock and Dam, Ten9 nessee.

10 (b) FUNDING.—As soon as practicable after the date

11 of enactment of this Act, the Tennessee Valley Authority

12 shall transfer the funds described in subsection (a) to the

13 Secretary.

14 SEC. 429. GERMANTOWN, TENNESSEE.

15 (a) IN GENERAL.—The Secretary may conduct a

16 study to determine the feasibility of carrying out a project

17 for flood control and related purposes along Miller Farms

18 Ditch, Howard Road Drainage, and Wolf River Lateral

19 D, Germantown, Tennessee.

20 (b) JUSTIFICATION ANALYSIS.—The Secretary shall

21 include environmental and water quality benefits in the

22 justification analysis for the project.

23 (c) COST SHARING.—
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1 (1) FEDERAL SHARE.—The Federal share of

2 the costs of the feasibility study under subsection

3 (a)—

4 (A) shall not exceed 25 percent; and

5 (B) shall be provided in the form of in6 kind contributions.

7 (2) NON-FEDERAL SHARE.—The Secretary—

8 (A) shall credit toward the non-Federal

9 share of the costs of the feasibility study the

10 value of the in-kind services provided by the

11 non-Federal interests relating to the planning,

12 engineering, and design of the project, whether

13 carried out before or after execution of the fea14 sibility study cost-sharing agreement; and

15 (B) for the purposes of subparagraph (A),

16 shall consider the feasibility study to be con17 ducted as part of the Memphis Metro Ten18 nessee and Mississippi study authorized by res19 olution of the Committee on Transportation

20 and Infrastructure, dated March 7, 1996.

21 SEC. 430. HORN LAKE CREEK AND TRIBUTARIES, TEN22 NESSEE AND MISSISSIPPI.

23 (a) IN GENERAL.—The Secretary may conduct a

24 study to determine the feasibility of modifying the project

25 for flood control, Horn Lake Creek and Tributaries, Ten-
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1 nessee and Mississippi, authorized by section 401(a) of the

2 Water Resources Development Act of 1986 (100 Stat.

3 4124), to provide a high level of urban flood protection

4 to development along Horn Lake Creek.

5 (b) REQUIRED ELEMENT.—The study shall include

6 a limited reevaluation of the project to determine the ap7 propriate design, as desired by the non-Federal interests.

8 SEC. 431. CEDAR BAYOU, TEXAS.

9 The Secretary may conduct a study to determine the

10 feasibility of constructing a 12-foot-deep and 125-foot11 wide channel from the Houston Ship Channel to Cedar

12 Bayou, mile marker 11, Texas.

13 SEC. 432. HOUSTON SHIP CHANNEL, TEXAS.

14 The Secretary may conduct a study to determine the

15 feasibility of constructing barge lanes adjacent to both

16 sides of the Houston Ship Channel from Bolivar Roads

17 to Morgan Point, Texas, to a depth of 12 feet.

18 SEC. 433. SAN ANTONIO CHANNEL, TEXAS.

19 The Secretary may conduct a study to determine the

20 feasibility of modifying the project for San Antonio Chan21 nel improvement, Texas, authorized by section 203 of the

22 Flood Control Act of 1954 (68 Stat. 1259), and modified

23 by section 103 of the Water Resources Development Act

24 of 1976 (90 Stat. 2921), to add environmental restoration

25 and recreation as project purposes.
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1 SEC. 434. WHITE RIVER WATERSHED BELOW MUD MOUN2 TAIN DAM, WASHINGTON.

3 (a) REVIEW.—The Secretary may review the report

4 of the Chief of Engineers on the Upper Puyallup River,

5 Washington, dated 1936, authorized by section 5 of the

6 Act of June 22, 1936 (49 Stat. 1591, chapter 688), the

7 Puget Sound and adjacent waters report authorized by

8 section 209 of the Flood Control Act of 1962 (76 Stat.

9 1197), and other pertinent reports, to determine whether

10 modifications to the recommendations contained in the re11 ports are advisable to provide improvements to the water

12 resources and watershed of the White River watershed

13 downstream of Mud Mountain Dam, Washington.

14 (b) ISSUES.—In conducting the review under sub15 section (a), the Secretary shall review, with respect to the

16 Lake Tapps community and other parts of the

17 watershed—

18 (1) constructed and natural environs;

19 (2) capital improvements;

20 (3) water resource infrastructure;

21 (4) ecosystem restoration;

22 (5) flood control;

23 (6) fish passage;

24 (7) collaboration by, and the interests of, re25 gional stakeholders;
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1 (8) recreational and socioeconomic interests;

2 and

3 (9) other issues determined by the Secretary.

4 SEC. 435. WILLAPA BAY, WASHINGTON.

5 (a) STUDY.—The Secretary may conduct a study to

6 determine the feasibility of providing coastal erosion pro7 tection for the Tribal Reservation of the Shoalwater Bay

8 Indian Tribe on Willapa Bay, Washington.

9 (b) PROJECT.—

10 (1) IN GENERAL.—Notwithstanding any other

11 provision of law (including any requirement for eco12 nomic justification), the Secretary may construct

13 and maintain a project to provide coastal erosion

14 protection for the Tribal Reservation of the

15 Shoalwater Bay Indian Tribe on Willapa Bay,

16 Washington, at full Federal expense, if the Secretary

17 determines that the project—

18 (A) is a cost-effective means of providing

19 erosion protection;

20 (B) is environmentally acceptable and tech21 nically feasible; and

22 (C) will improve the economic and social

23 conditions of the Shoalwater Bay Indian Tribe.

24 (2) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—

25 As a condition of the project described in paragraph
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1 (1), the Shoalwater Bay Indian Tribe shall provide

2 land, easements, rights-of-way, and dredged material

3 disposal areas necessary for the implementation of

4 the project.

5 TITLE V—MISCELLANEOUS

6 PROVISIONS

7 SEC. 501. VISITORS CENTERS.

8 (a) JOHN PAUL HAMMERSCHMIDT VISITORS CEN9 TER, ARKANSAS.—Section 103(e) of the Water Resources

10 Development Act of 1992 (106 Stat. 4813) is amended

11 by striking ‘‘Arkansas River, Arkansas.’’ and inserting ‘‘at

12 Fort Smith, Arkansas, on land provided by the city of

13 Fort Smith.’’.

14 (b) LOWER MISSISSIPPI RIVER MUSEUM AND RIVER15 FRONT INTERPRETIVE SITE, MISSISSIPPI.—Section

16 103(c)(2) of the Water Resources Development Act of

17 1992 (106 Stat. 4811) is amended in the first sentence

18 by striking ‘‘in the vicinity of the Mississippi River Bridge

19 in Vicksburg, Mississippi.’’ and inserting ‘‘between the

20 Mississippi River Bridge and the waterfront in downtown

21 Vicksburg, Mississippi.’’.

22 SEC. 502. CALFED BAY-DELTA PROGRAM ASSISTANCE, CALI23 FORNIA.

24 (a) IN GENERAL.—The Secretary—
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1 (1) may participate with the appropriate Fed2 eral and State agencies in the planning and manage3 ment activities associated with the CALFED Bay4 Delta Program referred to in the California Bay5 Delta Environmental Enhancement and Water Secu6 rity Act (division E of Public Law 104–208; 110

7 Stat. 3009–748); and

8 (2) shall, to the maximum extent practicable

9 and in accordance with applicable law, integrate the

10 activities of the Corps of Engineers in the San Joa11 quin and Sacramento River basins with the long12 term goals of the CALFED Bay-Delta Program.

13 (b) COOPERATIVE ACTIVITIES.—In participating in

14 the CALFED Bay-Delta Program under subsection (a),

15 the Secretary may—

16 (1) accept and expend funds from other Federal

17 agencies and from non-Federal public, private, and

18 nonprofit entities to carry out ecosystem restoration

19 projects and activities associated with the CALFED

20 Bay-Delta Program; and

21 (2) in carrying out the projects and activities,

22 enter into contracts, cooperative research and devel23 opment agreements, and cooperative agreements

24 with Federal and non-Federal private, public, and

25 nonprofit entities.
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1 (c) AREA COVERED BY PROGRAM.—For the purposes

2 of this section, the area covered by the CALFED Bay3 Delta Program shall be the San Francisco Bay/Sac4 ramento-San Joaquin Delta Estuary and its watershed

5 (known as the ‘‘Bay-Delta Estuary’’), as identified in the

6 Framework Agreement Between the Governor’s Water

7 Policy Council of the State of California and the Federal

8 Ecosystem Directorate.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

10 authorized to be appropriated to carry out this section

11 $5,000,000 for each of fiscal years 2002 through 2005.

12 SEC. 503. CONVEYANCE OF LIGHTHOUSE, ONTONAGON,

13 MICHIGAN.

14 (a) IN GENERAL.—The Secretary may convey to the

15 Ontonagon County Historical Society, at full Federal

16 expense—

17 (1) the lighthouse at Ontonagon, Michigan; and

18 (2) the land underlying and adjacent to the

19 lighthouse (including any improvements on the land)

20 that is under the jurisdiction of the Secretary.

21 (b) MAP.—The Secretary shall—

22 (1) determine—

23 (A) the extent of the land conveyance

24 under this section; and
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1 (B) the exact acreage and legal description

2 of the land to be conveyed under this section;

3 and

4 (2) prepare a map that clearly identifies any

5 land to be conveyed.

6 (c) CONDITIONS.—The Secretary may—

7 (1) obtain all necessary easements and rights8 of-way; and

9 (2) impose such terms, conditions, reservations,

10 and restrictions on the conveyance;

11 as the Secretary determines to be necessary to protect the

12 public interest.

13 (d) ENVIRONMENTAL RESPONSE.—To the extent re14 quired under any applicable law, the Secretary shall be

15 responsible for any necessary environmental response re16 quired as a result of the prior Federal use or ownership

17 of the land and improvements conveyed under this section.

18 (e) RESPONSIBILITIES AFTER CONVEYANCE.—After

19 the conveyance of land under this section, the Ontonagon

20 County Historical Society shall be responsible for any ad21 ditional operation, maintenance, repair, rehabilitation, or

22 replacement costs associated with—

23 (1) the lighthouse; or

24 (2) the conveyed land and improvements.
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1 (f) APPLICABILITY OF ENVIRONMENTAL LAW.—

2 Nothing in this section affects the potential liability of any

3 person under any applicable environmental law.

4 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

7 (b) TABLE OF CONTENTS.—The table of contents of this

8 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.

TITLE III—PROJECT-RELATED PROVISIONS

Sec. 301. Boydsville, Arkansas.
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Sec. 302. White River Basin, Arkansas and Missouri.

Sec. 303. Gasparilla and Estero Islands, Florida.

Sec. 304. Fort Hall Indian Reservation, Idaho.

Sec. 305. Upper Des Plaines River and tributaries, Illinois.

Sec. 306. Red River Waterway, Louisiana.

Sec. 307. William Jennings Randolph Lake, Maryland.

Sec. 308. Missouri River Valley, Missouri.

Sec. 309. New Madrid County, Missouri.

Sec. 310. Pemiscot County Harbor, Missouri.

Sec. 311. Pike County, Missouri.

Sec. 312. Fort Peck fish hatchery, Montana.

Sec. 313. Sagamore Creek, New Hampshire.

Sec. 314. Passaic River Basin flood management, New Jersey.

Sec. 315. Rockaway Inlet to Norton Point, New York.

Sec. 316. John Day Pool, Oregon and Washington.

Sec. 317. Fox Point hurricane barrier, Providence, Rhode Island.

Sec. 318. Houston-Galveston Navigation Channels, Texas.

Sec. 319. Joe Pool Lake, Trinity River Basin, Texas.

Sec. 320. Lake Champlain watershed, Vermont and New York.

Sec. 321. Mount St. Helens, Washington.

Sec. 322. Puget Sound and adjacent waters restoration, Washington.

Sec. 323. Fox River System, Wisconsin.

Sec. 324. Chesapeake Bay oyster restoration.

Sec. 325. Great Lakes dredging levels adjustment.

Sec. 326. Great Lakes fishery and ecosystem restoration.

Sec. 327. Great Lakes remedial action plans and sediment remediation.

Sec. 328. Great Lakes tributary model.

Sec. 329. Treatment of dredged material from Long Island Sound.

Sec. 330. New England water resources and ecosystem restoration.

Sec. 331. Project deauthorizations.

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

Sec. 411. Boise River, Idaho.

Sec. 412. Wood River, Idaho.

Sec. 413. Chicago, Illinois.

Sec. 414. Boeuf and Black, Louisiana.

Sec. 415. Port of Iberia, Louisiana.

Sec. 416. South Louisiana.

Sec. 417. St. John the Baptist Parish, Louisiana.

Sec. 418. Narraguagus River, Milbridge, Maine.

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

Sec. 420. Merrimack River Basin, Massachusetts and New Hampshire.

Sec. 421. Port of Gulfport, Mississippi.
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Sec. 422. Upland disposal sites in New Hampshire.

Sec. 423. Missouri River basin, North Dakota, South Dakota, and Nebraska.

Sec. 424. Cuyahoga River, Ohio.

Sec. 425. Fremont, Ohio.

Sec. 426. Grand Lake, Oklahoma.

Sec. 427. Dredged material disposal site, Rhode Island.

Sec. 428. Chickamauga Lock and Dam, Tennessee.

Sec. 429. Germantown, Tennessee.

Sec. 430. Horn Lake Creek and Tributaries, Tennessee and Mississippi.

Sec. 431. Cedar Bayou, Texas.

Sec. 432. Houston Ship Channel, Texas.

Sec. 433. San Antonio Channel, Texas.

Sec. 434. White River watershed below Mud Mountain Dam, Washington.

Sec. 435. Willapa Bay, Washington.

Sec. 436. Upper Mississippi River basin sediment and nutrient study.

TITLE V—MISCELLANEOUS PROVISIONS

Sec. 501. Visitors centers.

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

Sec. 503. Conveyance of lighthouse, Ontonagon, Michigan.

Sec. 504. Land conveyance, Candy Lake, Oklahoma.

TITLE VI—COMPREHENSIVE EVERGLADES RESTORATION PLAN

Sec. 601. Comprehensive Everglades Restoration Plan.

1 SEC. 2. DEFINITION OF SECRETARY.

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

3 of the Army.

4 TITLE I—WATER RESOURCES

5 PROJECTS

6 SEC. 101. PROJECT AUTHORIZATIONS.

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

10 by the Secretary substantially in accordance with the plans,

11 and subject to the conditions, described in the designated

12 report: The project for navigation, New York-New Jersey

13 Harbor: Report of the Chief of Engineers dated May 2,

14 2000, at a total cost of $1,781,235,000, with an estimated
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1 Federal cost of $738,631,000 and an estimated non-Federal

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

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

4 following projects for water resources development and con5 servation and other purposes are authorized to be carried

6 out by the Secretary substantially in accordance with the

7 plans, and subject to the conditions, recommended in a final

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

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

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

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

12 cost of $15,000,000, with an estimated Federal cost of

13 $10,000,000 and an estimated non-Federal cost of

14 $5,000,000.

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

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

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

18 $12,000,000 and an estimated non-Federal cost of

19 $8,000,000.

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

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

22 total cost of $26,400,000, with an estimated Federal

23 cost of $17,100,000 and an estimated non-Federal cost

24 of $9,300,000.
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1 (4) TRES RIOS, ARIZONA.—The project for envi2 ronmental restoration, Tres Rios, Arizona, at a total

3 cost of $90,000,000, with an estimated Federal cost of

4 $58,000,000 and an estimated non-Federal cost of

5 $32,000,000.

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

7 project for navigation, Los Angeles Harbor, Cali8 fornia, at a total cost of $168,900,000, with an esti9 mated Federal cost of $44,000,000 and an estimated

10 non-Federal cost of $124,900,000.

11 (6) MURRIETA CREEK, CALIFORNIA.—The project

12 for flood control, Murrieta Creek, California, at a

13 total cost of $43,100,000, with an estimated Federal

14 cost of $27,800,000 and an estimated non-Federal cost

15 of $15,300,000.

16 (7) PINE FLAT DAM, CALIFORNIA.—The project

17 for fish and wildlife restoration, Pine Flat Dam,

18 California, at a total cost of $34,000,000, with an es19 timated Federal cost of $22,000,000 and an estimated

20 non-Federal cost of $12,000,000.

21 (8) RANCHOS PALOS VERDES, CALIFORNIA.—The

22 project for environmental restoration, Ranchos Palos

23 Verdes, California, at a total cost of $18,100,000, with

24 an estimated Federal cost of $11,800,000 and an esti25 mated non-Federal cost of $6,300,000.
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1 (9) SANTA BARBARA STREAMS, CALIFORNIA.—

2 The project for flood damage reduction, Santa Bar3 bara Streams, Lower Mission Creek, California, at a

4 total cost of $17,100,000, with an estimated Federal

5 cost of $8,600,000 and an estimated non-Federal cost

6 of $8,500,000.

7 (10) UPPER NEWPORT BAY HARBOR, CALI8 FORNIA.—The project for environmental restoration,

9 Upper Newport Bay Harbor, California, at a total

10 cost of $28,280,000, with an estimated Federal cost of

11 $18,390,000 and an estimated non-Federal cost of

12 $9,890,000.

13 (11) WHITEWATER RIVER BASIN, CALIFORNIA.—

14 The project for flood damage reduction, Whitewater

15 River basin, California, at a total cost of $26,000,000,

16 with an estimated Federal cost of $16,900,000 and an

17 estimated non-Federal cost of $9,100,000.

18 (12) TAMPA HARBOR, FLORIDA.—Modification of

19 the project for navigation, Tampa Harbor, Florida,

20 authorized by section 4 of the Act of September 22,

21 1922 (42 Stat. 1042, chapter 427), to deepen the Port

22 Sutton Channel, at a total cost of $7,245,000, with an

23 estimated Federal cost of $4,709,000 and an estimated

24 non-Federal cost of $2,536,000.
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1 (13) BARBERS POINT HARBOR, OAHU, HAWAII.—

2 The project for navigation, Barbers Point Harbor,

3 Oahu, Hawaii, at a total cost of $51,000,000, with an

4 estimated Federal cost of $21,000,000 and an esti5 mated non-Federal cost of $30,000,000.

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

7 AND KENTUCKY.—The project for navigation, John T.

8 Myers Lock and Dam, Ohio River, Indiana and Ken9 tucky, at a total cost of $182,000,000. The costs of

construction of the project shall be paid 1 10 ⁄2 from

11 amounts appropriated from the general fund of the

Treasury and 1 12 ⁄2 from amounts appropriated from

13 the Inland Waterways Trust Fund.

14 (15) GREENUP LOCK AND DAM, KENTUCKY.—The

15 project for navigation, Greenup Lock and Dam, Ohio

16 River, Kentucky, at a total cost of $183,000,000. The

costs of construction of the project shall be paid 1 17 ⁄2

18 from amounts appropriated from the general fund of

the Treasury and 1 19 ⁄2 from amounts appropriated

20 from the Inland Waterways Trust Fund.

21 (16) MORGANZA, LOUISIANA, TO GULF OF MEX22 ICO.—

23 (A) IN GENERAL.—The project for hurricane

24 protection, Morganza, Louisiana, to the Gulf of

25 Mexico, at a total cost of $550,000,000, with an
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1 estimated Federal cost of $358,000,000 and an

2 estimated non-Federal cost of $192,000,000.

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

4 shall receive credit toward the non-Federal share

5 of project costs for the costs of any work carried

6 out by the non-Federal interests for interim flood

7 protection after March 31, 1989, if the Secretary

8 finds that the work is compatible with, and inte9 gral to, the project.

10 (17) CHESTERFIELD, MISSOURI.—The project to

11 implement structural and nonstructural measures to

12 prevent flood damage to Chesterfield, Missouri, and

13 the surrounding area, at a total cost of $63,000,000,

14 with an estimated Federal cost of $40,950,000 and an

15 estimated non-Federal cost of $22,050,000.

16 (18) BARNEGAT INLET TO LITTLE EGG INLET,

17 NEW JERSEY.—The project for shore protection, Bar18 negat Inlet to Little Egg Inlet, New Jersey, at a total

19 cost of $51,203,000, with an estimated Federal cost of

20 $33,282,000 and an estimated non-Federal cost of

21 $17,921,000, and at an estimated average annual cost

22 of $1,751,000 for periodic nourishment over the 50-

23 year life of the project, with an estimated annual

24 Federal cost of $1,138,000 and an estimated annual

25 non-Federal cost of $613,000.
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1 (19) RARITAN BAY AND SANDY HOOK BAY,

2 CLIFFWOOD BEACH, NEW JERSEY.—The project for

3 shore protection, Raritan Bay and Sandy Hook Bay,

4 Cliffwood Beach, New Jersey, at a total cost of

5 $5,219,000, with an estimated Federal cost of

6 $3,392,000 and an estimated non-Federal cost of

7 $1,827,000, and at an estimated average annual cost

8 of $110,000 for periodic nourishment over the 50-year

9 life of the project, with an estimated annual Federal

10 cost of $55,000 and an estimated annual non-Federal

11 cost of $55,000.

12 (20) RARITAN BAY AND SANDY HOOK BAY, PORT

13 MONMOUTH, NEW JERSEY.—The project for shore pro14 tection, Raritan Bay and Sandy Hook Bay, Port

15 Monmouth, New Jersey, at a total cost of $30,081,000,

16 with an estimated Federal cost of $19,553,000 and an

17 estimated non-Federal cost of $10,528,000, and at an

18 estimated average annual cost of $2,468,000 for peri19 odic nourishment over the 50-year life of the project,

20 with an estimated annual Federal cost of $1,234,000

21 and an estimated annual non-Federal cost of

22 $1,234,000.

23 (21) 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 (22) JACKSON HOLE, WYOMING.—

4 (A) IN GENERAL.—The project for environ5 mental restoration, Jackson Hole, Wyoming, at a

6 total cost of $66,500,000, with an estimated Fed7 eral cost of $43,225,000 and an estimated non8 Federal cost of $23,275,000.

9 (B) NON-FEDERAL SHARE.—

10 (i) IN GENERAL.—The non-Federal

11 share of the costs of the project may be pro12 vided in cash or in the form of in-kind serv13 ices or materials.

14 (ii) CREDIT.—The non-Federal interest

15 shall receive credit toward the non-Federal

16 share of project costs for design and con17 struction work carried out by the non-Fed18 eral interest before the date of execution of

19 a project cooperation agreement for the

20 project, if the Secretary finds that the work

21 is integral to the project.

22 (23) OHIO RIVER.—

23 (A) IN GENERAL.—The program for protec24 tion and restoration of fish and wildlife habitat

25 in and along the main stem of the Ohio River,
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1 consisting of projects described in a comprehen2 sive plan, at a total cost of $200,000,000, with

3 an estimated Federal cost of $130,000,000 and

4 an estimated non-Federal cost of $70,000,000.

5 (B) NON-FEDERAL SHARE.—

6 (i) IN GENERAL.—The non-Federal

7 share of the costs of any project under the

8 program may be provided in cash or in the

9 form of in-kind services or materials.

10 (ii) CREDIT.—The non-Federal interest

11 shall receive credit toward the non-Federal

12 share of project costs for design and con13 struction work carried out by the non-Fed14 eral interest before the date of execution of

15 a project cooperation agreement for the

16 project, if the Secretary finds that the work

17 is integral to the project.

18 SEC. 102. SMALL SHORE PROTECTION PROJECTS.

19 The Secretary shall conduct a study for each of the

20 following projects, and if the Secretary determines that a

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

22 3 of the Act of August 13, 1946 (33 U.S.C. 426g):

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

24 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 beach

4 restoration and protection, Bayou Road, St. Bernard,

5 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 a

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

10 107 of the River and Harbor Act of 1960 (33 U.S.C. 577):

11 (1) HOUMA NAVIGATION CANAL, LOUISIANA.—

12 Project for navigation, Houma Navigation Canal,

13 Terrebonne Parish, Louisiana.

14 (2) VIDALIA PORT, LOUISIANA.—Project for navi15 gation, Vidalia Port, Louisiana.

16 SEC. 104. REMOVAL OF SNAGS AND CLEARING AND

17 STRAIGHTENING OF CHANNELS IN NAVI18 GABLE WATERS.

19 The Secretary shall conduct a study for each of the

20 following projects and, if the Secretary determines that a

21 project is appropriate, may carry out the project under sec22 tion 3 of the Act of March 2, 1945 (33 U.S.C. 604):

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

24 removal of snags and clearing and straightening of
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1 channels for flood control, Bayou Manchac, Ascension

2 Parish, Louisiana.

3 (2) BLACK BAYOU AND HIPPOLYTE COULEE, LOU4 ISIANA.—Project for removal of snags and clearing

5 and straightening of channels for flood control, Black

6 Bayou and Hippolyte Coulee, Calcasieu Parish, Lou7 isiana.

8 SEC. 105. SMALL BANK STABILIZATION PROJECTS.

9 The Secretary shall conduct a study for each of the

10 following projects and, if the Secretary determines that a

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

12 14 of the Flood Control Act of 1946 (33 U.S.C. 701r):

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

14 for emergency streambank protection, Bayou des

15 Glaises (Lee Chatelain Road), Avoyelles Parish, Lou16 isiana.

17 (2) BAYOU PLAQUEMINE, LOUISIANA.—Project

18 for emergency streambank protection, Highway 77,

19 Bayou Plaquemine, Iberville Parish, Louisiana.

20 (3) HAMMOND, LOUISIANA.—Project for emer21 gency streambank protection, Fagan Drive Bridge,

22 Hammond, Louisiana.

23 (4) IBERVILLE PARISH, LOUISIANA.—Project for

24 emergency streambank protection, Iberville Parish,

25 Louisiana.
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1 (5) LAKE ARTHUR, LOUISIANA.—Project for

2 emergency streambank protection, Parish Road 120

3 at Lake Arthur, Louisiana.

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

5 emergency streambank protection, Pithon Coulee,

6 Lake Charles, Calcasieu Parish, Louisiana.

7 (7) LOGGY BAYOU, LOUISIANA.—Project for emer8 gency streambank protection, Loggy Bayou, Bienville

9 Parish, Louisiana.

10 (8) SCOTLANDVILLE BLUFF, LOUISIANA.—Project

11 for emergency streambank protection, Scotlandville

12 Bluff, East Baton Rouge Parish, Louisiana.

13 SEC. 106. SMALL FLOOD CONTROL PROJECTS.

14 The Secretary shall conduct a study for each of the

15 following projects and, if the Secretary determines that a

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

17 205 of the Flood Control Act of 1948 (33 U.S.C. 701s):

18 (1) WEISER RIVER, IDAHO.—Project for flood

19 damage reduction, Weiser River, Idaho.

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

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

22 (3) BOSSIER CITY, LOUISIANA.—Project for flood

23 control, Red Chute Bayou levee, Bossier City, Lou24 isiana.
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1 (4) BRAITHWAITE PARK, LOUISIANA.—Project for

2 flood control, Braithwaite Park, Louisiana.

3 (5) CANE BEND SUBDIVISION, LOUISIANA.—

4 Project for flood control, Cane Bend Subdivision, Bos5 sier Parish, Louisiana.

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

7 control, Crown Point, Louisiana.

8 (7) DONALDSONVILLE CANALS, LOUISIANA.—

9 Project for flood control, Donaldsonville Canals, Lou10 isiana.

11 (8) GOOSE BAYOU, LOUISIANA.—Project for flood

12 control, Goose Bayou, Louisiana.

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

14 control, Gumby Dam, Richland Parish, Louisiana.

15 (10) HOPE CANAL, LOUISIANA.—Project for flood

16 control, Hope Canal, Louisiana.

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

18 flood control, Jean Lafitte, Louisiana.

19 (12) LOCKPORT TO LAROSE, LOUISIANA.—Project

20 for flood control, Lockport to Larose, Louisiana.

21 (13) LOWER LAFITTE BASIN, LOUISIANA.—

22 Project for flood control, Lower Lafitte Basin, Lou23 isiana.
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1 (14) OAKVILLE TO LAREUSSITE, LOUISIANA.—

2 Project for flood control, Oakville to LaReussite, Lou3 isiana.

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

5 flood control, Pailet Basin, Louisiana.

6 (16) POCHITOLAWA CREEK, LOUISIANA.—Project

7 for flood control, Pochitolawa Creek, Louisiana.

8 (17) ROSETHORN BASIN, LOUISIANA.—Project for

9 flood control, Rosethorn Basin, Louisiana.

10 (18) SHREVEPORT, LOUISIANA.—Project for flood

11 control, Twelve Mile Bayou, Shreveport, Louisiana.

12 (19) STEPHENSVILLE, LOUISIANA.—Project for

13 flood control, Stephensville, Louisiana.

14 (20) ST. JOHN THE BAPTIST PARISH, LOU15 ISIANA.—Project for flood control, St. John the Bap16 tist Parish, Louisiana.

17 (21) MAGBY CREEK AND VERNON BRANCH, MIS18 SISSIPPI.—Project for flood control, Magby Creek and

19 Vernon Branch, Lowndes County, Mississippi.

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

21 flood control, Fritz Landing, Tennessee.

22 SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE

23 QUALITY OF THE ENVIRONMENT.

24 The Secretary shall conduct a study for each of the

25 following projects and, if the Secretary determines that a
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1 project is appropriate, may carry out the project under sec2 tion 1135(a) of the Water Resources Development Act of

3 1986 (33 U.S.C. 2309a(a)):

4 (1) BAYOU SAUVAGE NATIONAL WILDLIFE REF5 UGE, LOUISIANA.—Project for improvement of the

6 quality of the environment, Bayou Sauvage National

7 Wildlife Refuge, Orleans Parish, Louisiana.

8 (2) GULF INTRACOASTAL WATERWAY, BAYOU

9 PLAQUEMINE, LOUISIANA.—Project for improvement

10 of the quality of the environment, Gulf Intracoastal

11 Waterway, Bayou Plaquemine, Iberville Parish, Lou12 isiana.

13 (3) GULF INTRACOASTAL WATERWAY, MILES 220

14 TO 222.5, LOUISIANA.—Project for improvement of the

15 quality of the environment, Gulf Intracoastal Water16 way, miles 220 to 222.5, Vermilion Parish, Lou17 isiana.

18 (4) GULF INTRACOASTAL WATERWAY, WEEKS

19 BAY, LOUISIANA.—Project for improvement of the

20 quality of the environment, Gulf Intracoastal Water21 way, Weeks Bay, Iberia Parish, Louisiana.

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

23 for improvement of the quality of the environment,

24 Lake Fausse Point, Louisiana.
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1 (6) LAKE PROVIDENCE, LOUISIANA.—Project for

2 improvement of the quality of the environment, Old

3 River, Lake Providence, Louisiana.

4 (7) NEW RIVER, LOUISIANA.—Project for im5 provement of the quality of the environment, New

6 River, Ascension Parish, Louisiana.

7 (8) ERIE COUNTY, OHIO.—Project for improve8 ment of the quality of the environment, Sheldon’s

9 Marsh State Nature Preserve, Erie County, Ohio.

10 (9) MUSHINGUM COUNTY, OHIO.—Project for im11 provement of the quality of the environment, Dillon

12 Reservoir watershed, Licking River, Mushingum

13 County, Ohio.

14 SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.

15 The Secretary may carry out the following projects

16 under section 204 of the Water Resources Development Act

17 of 1992 (33 U.S.C. 2326):

18 (1) HOUMA NAVIGATION CANAL, LOUISIANA.—

19 Project to make beneficial use of dredged material

20 from a Federal navigation project that includes bar21 rier island restoration at the Houma Navigation

22 Canal, Terrebonne Parish, Louisiana.

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

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

25 use of dredged material from a Federal navigation
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1 project that includes dredging of the Mississippi River

2 Gulf Outlet, mile -3 to mile -9, St. Bernard Parish,

3 Louisiana.

4 (3) MISSISSIPPI RIVER GULF OUTLET, MILE 11

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

6 use of dredged material from a Federal navigation

7 project that includes dredging of the Mississippi River

8 Gulf Outlet, mile 11 to mile 4, St. Bernard Parish,

9 Louisiana.

10 (4) PLAQUEMINES PARISH, LOUISIANA.—Project

11 to make beneficial use of dredged material from a

12 Federal navigation project that includes marsh cre13 ation at the contained submarine maintenance dredge

14 sediment trap, Plaquemines Parish, Louisiana.

15 (5) OTTAWA COUNTY, OHIO.—Project to protect,

16 restore, and create aquatic and related habitat using

17 dredged material, East Harbor State Park, Ottawa

18 County, Ohio.

19 SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION

20 PROJECTS.

21 The Secretary may carry out the following projects

22 under section 206 of the Water Resources Development Act

23 of 1996 (33 U.S.C. 2330):
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1 (1) BRAUD BAYOU, LOUISIANA.—Project for

2 aquatic ecosystem restoration, Braud Bayou, Spanish

3 Lake, Ascension Parish, Louisiana.

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

5 aquatic ecosystem restoration, Buras Marina, Buras,

6 Plaquemines Parish, Louisiana.

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

8 aquatic ecosystem restoration, Comite River at Hoo9 per Road, Louisiana.

10 (4) DEPARTMENT OF ENERGY 21-INCH PIPELINE

11 CANAL, LOUISIANA.—Project for aquatic ecosystem

12 restoration, Department of Energy 21-inch Pipeline

13 Canal, St. Martin Parish, Louisiana.

14 (5) LAKE BORGNE, LOUISIANA.—Project for

15 aquatic ecosystem restoration, southern shores of Lake

16 Borgne, Louisiana.

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

18 aquatic ecosystem restoration, Lake Martin, Lou19 isiana.

20 (7) LULING, LOUISIANA.—Project for aquatic eco21 system restoration, Luling Oxidation Pond, St.

22 Charles Parish, Louisiana.

23 (8) MANDEVILLE, LOUISIANA.—Project for aquat24 ic ecosystem restoration, Mandeville, St. Tammany

25 Parish, Louisiana.
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1 (9) ST. JAMES, LOUISIANA.—Project for aquatic

2 ecosystem restoration, St. James, Louisiana.

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

4 Project for aquatic ecosystem restoration, Mines Falls

5 Park, New Hampshire.

6 (11) NORTH HAMPTON, NEW HAMPSHIRE.—

7 Project for aquatic ecosystem restoration, Little River

8 Salt Marsh, North Hampton, New Hampshire.

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

10 aquatic ecosystem restoration, Rocky Fork Lake,

11 Clear Creek floodplain, Highland County, Ohio.

12 (13) HOCKING COUNTY, OHIO.—Project for

13 aquatic ecosystem restoration, Long Hollow Mine,

14 Hocking County, Ohio.

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

16 aquatic ecosystem restoration, Huff Run, Tuscarawas

17 County, Ohio.

18 (15) CENTRAL AMAZON CREEK, OREGON.—

19 Project for aquatic ecosystem restoration, Central

20 Amazon Creek, Oregon.

21 (16) DELTA PONDS, OREGON.—Project for aquat22 ic ecosystem restoration, Delta Ponds, Oregon.

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

24 aquatic ecosystem restoration, Eugene Millrace, Or25 egon.
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1 (18) MEDFORD, OREGON.—Project for aquatic

2 ecosystem restoration, Bear Creek watershed, Medford,

3 Oregon.

4 (19) ROSLYN LAKE, OREGON.—Project for aquat5 ic ecosystem restoration, Roslyn Lake, Oregon.

6 SEC. 110. FLOOD MITIGATION AND RIVERINE RESTORA7 TION.

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

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

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

11 end;

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

13 the end and inserting ‘‘; and’’; and

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

15 ‘‘(24) Perry Creek, Iowa.’’.

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

17 Section 217 of the Water Resources Development Act

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

19 the following:

20 ‘‘(f) FORT CANBY STATE PARK, BENSON BEACH,

21 WASHINGTON.—The Secretary may design and construct a

22 shore protection project at Fort Canby State Park, Benson

23 Beach, Washington, including beneficial use of dredged ma24 terial from Federal navigation projects as provided under
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1 section 145 of the Water Resources Development Act of 1976

2 (33 U.S.C. 426j).’’.

3 TITLE II—GENERAL PROVISIONS

4 SEC. 201. COOPERATION AGREEMENTS WITH COUNTIES.

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

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

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

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

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

10 State’’.

11 SEC. 202. WATERSHED AND RIVER BASIN ASSESSMENTS.

12 Section 729 of the Water Resources Development Act

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

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

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

16 water resources needs of river basins and watersheds of the

17 United States, including needs relating to—

18 ‘‘(1) ecosystem protection and restoration;

19 ‘‘(2) flood damage reduction;

20 ‘‘(3) navigation and ports;

21 ‘‘(4) watershed protection;

22 ‘‘(5) water supply; and

23 ‘‘(6) drought preparedness.
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1 ‘‘(b) COOPERATION.—An assessment under subsection

2 (a) shall be carried out in cooperation and coordination

3 with—

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

5 ‘‘(2) the Secretary of Agriculture;

6 ‘‘(3) the Secretary of Commerce;

7 ‘‘(4) the Administrator of the Environmental

8 Protection Agency; and

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

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

11 under subsection (a), the Secretary shall consult with Fed12 eral, tribal, State, interstate, and local governmental enti13 ties.

14 ‘‘(d) PRIORITY RIVER BASINS AND WATERSHEDS.—In

15 selecting river basins and watersheds for assessment under

16 this section, the Secretary shall give priority to—

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

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

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

20 out an assessment under subsection (a), the Secretary may

21 accept contributions, in cash or in kind, from Federal, trib22 al, State, interstate, and local governmental entities to the

23 extent that the Secretary determines that the contributions

24 will facilitate completion of the assessment.

25 ‘‘(f) COST-SHARING REQUIREMENTS.—
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1 ‘‘(1) NON-FEDERAL SHARE.—The non-Federal

2 share of the costs of an assessment carried out under

3 this section shall be 50 percent.

4 ‘‘(2) CREDIT.—

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graph (B), the non-Federal interests may receive

7 credit toward the non-Federal share required

8 under paragraph (1) for the provision of services,

9 materials, supplies, or other in-kind contribu10 tions.

11 ‘‘(B) MAXIMUM AMOUNT OF CREDIT.—Cred12 it under subparagraph (A) shall not exceed an

13 amount equal to 25 percent of the costs of the as14 sessment.

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $15,000,000.’’.

18 SEC. 203. TRIBAL PARTNERSHIP PROGRAM.

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

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

21 in section 4 of the Indian Self-Determination and Edu22 cation Assistance Act (25 U.S.C. 450b).

23 (b) PROGRAM.—

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

25 tribes and the heads of other Federal agencies, the
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1 Secretary may study and determine the feasibility of

2 carrying out water resources development projects

3 that—

4 (A) will substantially benefit Indian tribes;

5 and

6 (B) are located primarily within Indian

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

8 United States Code) or in proximity to Alaska

9 Native villages.

10 (2) MATTERS TO BE STUDIED.—A study con11 ducted under paragraph (1) may address—

12 (A) projects for flood damage reduction, en13 vironmental restoration and protection, and

14 preservation of cultural and natural resources;

15 and

16 (B) such other projects as the Secretary, in

17 cooperation with Indian tribes and the heads of

18 other Federal agencies, determines to be appro19 priate.

20 (c) CONSULTATION AND COORDINATION WITH SEC21 RETARY OF THE INTERIOR.—

22 (1) IN GENERAL.—In recognition of the unique

23 role of the Secretary of the Interior concerning trust

24 responsibilities with Indian tribes, and in recognition

25 of mutual trust responsibilities, the Secretary shall
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1 consult with the Secretary of the Interior concerning

2 studies conducted under subsection (b).

3 (2) INTEGRATION OF ACTIVITIES.—The Secretary

4 shall—

5 (A) integrate civil works activities of the

6 Department of the Army with activities of the

7 Department of the Interior to avoid conflicts, du8 plications of effort, or unanticipated adverse ef9 fects on Indian tribes; and

10 (B) consider the authorities and programs

11 of the Department of the Interior and other Fed12 eral agencies in any recommendations con13 cerning carrying out projects studied under sub14 section (b).

15 (d) PRIORITY PROJECTS.—In selecting water resources

16 development projects for study under this section, the Sec17 retary shall give priority to—

18 (1) the project along the upper Snake River

19 within and adjacent to the Fort Hall Indian Reserva20 tion, Idaho, authorized by section 304; and

21 (2) the project for the Tribal Reservation of the

22 Shoalwater Bay Indian Tribe on Willapa Bay, Wash23 ington, authorized by section 435(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 a

6 non-Federal interest to pay shall be determined

7 by the Secretary in accordance with procedures

8 established by the Secretary.

9 (2) CREDIT.—

10 (A) IN GENERAL.—Subject to subparagraph

11 (B), in conducting studies of projects under sub12 section (b), the Secretary may provide credit to

13 the non-Federal interest for the provision of serv14 ices, studies, supplies, or other in-kind contribu15 tions to the extent that the Secretary determines

16 that the services, studies, supplies, and other in17 kind contributions will facilitate completion of

18 the project.

19 (B) MAXIMUM AMOUNT OF CREDIT.—Credit

20 under subparagraph (A) shall not exceed an

21 amount equal to the non-Federal share of the

22 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, of
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1 which not more than $1,000,000 may be used with respect

2 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 agreement

9 under this section for a feasibility study, or for con10 struction of an environmental protection and restora11 tion project, a flood control project, a project for navi12 gation, storm damage protection, shoreline erosion,

13 hurricane protection, or recreation, or an agricultural

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

15 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 subparagraph

23 (B), criteria and procedures in effect on the

24 day before the date of enactment of this sub25 paragraph; 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 date

8 of enactment of this subparagraph, in accordance

9 with paragraph (3), the Secretary shall promul10 gate revised criteria and procedures governing

11 the ability of a non-Federal interest to pay.’’;

12 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-sharing

22 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 jurisdic5 tion 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 Gen16 eral Government Appropriations Act, 1999 (Public Law

17 105–277; 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: ‘‘in

2 cases in which the activities require specialized training re3 lating 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 Native

21 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 In6 dian tribe, the Secretary may recover and rebury, at

7 full Federal expense, the remains at the areas identi8 fied and set aside under subsection (b)(1).

9 (c) CONVEYANCE AUTHORITY.—

10 (1) IN GENERAL.—Subject to paragraph (2), not11 withstanding 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 iden14 tified and set aside by the Secretary under subsection

15 (b)(1).

16 (2) RETENTION OF NECESSARY PROPERTY INTER17 ESTS.—In carrying out paragraph (1), the Secretary

18 shall retain any necessary right-of-way, easement, or

19 other property interest that the Secretary determines

20 to be necessary to carry out the authorized purposes

21 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. 401),

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

2 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 the

12 following:

13 ‘‘(d) APPLICABILITY.—

14 ‘‘(1) BRIDGES AND CAUSEWAYS.—The approval’’;

15 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 such
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1 a manner that actual, existing interstate or for2 eign commerce could be adversely affected.

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 in

6 any other navigable water of the United States—

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

8 ‘‘(ii) shall not be subject to the ap9 proval requirements of this section.’’.

10 SEC. 211. PROJECT DEAUTHORIZATION AUTHORITY.

11 Section 1001 of the Water Resources Development Act

12 of 1986 (33 U.S.C. 579a) is amended to read as follows:

13 ‘‘SEC. 1001. PROJECT DEAUTHORIZATIONS.

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

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

16 with respect to a project or separable element,

17 means—

18 ‘‘(A) in the case of—

19 ‘‘(i) a nonstructural flood control

20 project, the acquisition of land, an ease21 ment, or a right-of-way primarily to relo22 cate a structure; and

23 ‘‘(ii) in the case of any other non24 structural measure, the performance of
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1 physical work under a construction con2 tract;

3 ‘‘(B) in the case of an environmental pro4 tection and restoration project—

5 ‘‘(i) the acquisition of land, an ease6 ment, or a right-of-way primarily to facili7 tate the restoration of wetland or a similar

8 habitat; or

9 ‘‘(ii) the performance of physical work

10 under a construction contract to modify an

11 existing project facility or to construct a

12 new environmental protection and restora13 tion measure; and

14 ‘‘(C) in the case of any other water re15 sources project, the performance of physical work

16 under a construction contract.

17 ‘‘(2) PHYSICAL WORK UNDER A CONSTRUCTION

18 CONTRACT.—The term ‘physical work under a con19 struction contract’ does not include any activity re20 lated to project planning, engineering and design, re21 location, or the acquisition of land, an easement, or

22 a right-of-way.

23 ‘‘(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 list.

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

9 project, or separable element of a water resources

10 project, authorized for construction shall be deauthor11 ized effective at the end of the 7-year period beginning

12 on the date of the most recent authorization or reau13 thorization of the project or separable element unless

14 Federal funds have been obligated for construction of

15 the project or separable element by the end of that pe16 riod.

17 ‘‘(c) PROJECTS FOR WHICH CONSTRUCTION HAS

18 BEEN SUSPENDED.—

19 ‘‘(1) LIST OF PROJECTS.—The Secretary shall

20 annually submit to Congress a list of projects and

21 separable elements of projects—

22 ‘‘(A) that are authorized for construction;

23 ‘‘(B) for which Federal funds have been ob24 ligated for construction of the project or sepa25 rable element; and
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1 ‘‘(C) for which no Federal funds have been

2 obligated for construction of the project or sepa3 rable element during the 2 full fiscal years pre4 ceding the date of submission of the list.

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

6 project, or separable element of a water resources

7 project, for which Federal funds have been obligated

8 for construction shall be deauthorized effective at the

9 end of any 5-fiscal year period during which Federal

10 funds specifically identified for construction of the

11 project or separable element (in an Act of Congress or

12 in the accompanying legislative report language) have

13 not been obligated for construction.

14 ‘‘(d) CONGRESSIONAL NOTIFICATIONS.—Upon submis15 sion of the lists under subsections (b)(1) and (c)(1), the Sec16 retary shall notify each Senator in whose State, and each

17 Member of the House of Representatives in whose district,

18 the affected project or separable element is or would be lo19 cated.

20 ‘‘(e) FINAL DEAUTHORIZATION LIST.—The Secretary

21 shall publish annually in the Federal Register a list of all

22 projects and separable elements deauthorized under sub23 section (b)(2) or (c)(2).
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1 ‘‘(f) EFFECTIVE DATE.—Subsections (b)(2) and (c)(2)

2 take effect 3 years after the date of enactment of this sub3 section.’’.

4 SEC. 212. FLOODPLAIN MANAGEMENT REQUIREMENTS.

5 (a) IN GENERAL.—Section 402(c) of the Water Re6 sources Development Act of 1986 (33 U.S.C. 701b–12(c))

7 is amended—

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

9 striking ‘‘Within 6 months after the date of the enact10 ment of this subsection, the’’ and inserting ‘‘The’’;

11 (2) by redesignating paragraph (2) as para12 graph (3);

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

14 and inserting the following:

15 ‘‘(2) REQUIRED ELEMENTS.—The guidelines de16 veloped under paragraph (1) shall—

17 ‘‘(A) address’’; and

18 (4) in paragraph (2) (as designated by para19 graph (3))—

20 (A) by inserting ‘‘that non-Federal interests

21 shall adopt and enforce’’ after ‘‘policies’’;

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

23 inserting ‘‘; and’’; and

24 (C) by adding at the end the following:
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1 ‘‘(B) require non-Federal interests to take

2 measures to preserve the level of flood protection

3 provided by a project to which subsection (a) ap4 plies.’’.

5 (b) APPLICABILITY.—The amendments made by sub6 section (a) shall apply to any project or separable element

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

8 non-Federal interest have not entered a project cooperation

9 agreement on or before the date of enactment of this Act.

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

11 Water Resources Development Act of 1986 (33 U.S.C. 701b–

12 12(b)) is amended—

13 (1) in the subsection heading, by striking

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

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

16 plain’’ and inserting ‘‘floodplain’’.

17 SEC. 213. ENVIRONMENTAL DREDGING.

18 Section 312 of the Water Resources Development Act

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

20 the following:

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

22 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–

23 5b), for any project carried out under this section, a non24 Federal sponsor may include a nonprofit entity, with the

25 consent of the affected local government.’’.
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1 SEC. 214. REGULATORY ANALYSIS AND MANAGEMENT SYS2 TEMS DATA.

3 (a) IN GENERAL.—Beginning October 1, 2000, the Sec4 retary, acting through the Chief of Engineers, shall publish,

5 on the Army Corps of Engineers’ Regulatory Program

6 website, quarterly reports that include all Regulatory Anal7 ysis and Management Systems (RAMS) data.

8 (b) DATA.—Such RAMS data shall include—

9 (1) the date on which an individual or nation10 wide permit application under section 404 of the Fed11 eral Water Pollution Control Act (33 U.S.C. 1344) is

12 first received by the Corps;

13 (2) the date on which the application is consid14 ered complete;

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

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

17 and

18 (4) if the application is not considered complete

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

20 reason the application was not considered complete.

21 SEC. 215. PERFORMANCE OF SPECIALIZED OR TECHNICAL

22 SERVICES.

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

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

25 of title 31, United States Code.
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1 (b) AUTHORITY.—The Corps of Engineers may provide

2 specialized or technical services to a Federal agency (other

3 than a Department of Defense agency), State, or local gov4 ernment of the United States under section 6505 of title

5 31, United States Code, only if the chief executive of the

6 requesting entity submits to the Secretary—

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

8 services to be performed and agreeing to reimburse the

9 Corps for all costs associated with the performance of

10 the services; and

11 (2) a certification that includes adequate facts to

12 establish that the services requested are not reasonably

13 and quickly available through ordinary business

14 channels.

15 (c) CORPS AGREEMENT TO PERFORM SERVICES.—The

16 Secretary, after receiving a request described in subsection

17 (b) to provide specialized or technical services, shall, before

18 entering into an agreement to perform the services—

19 (1) ensure that the requirements of subsection (b)

20 are met with regard to the request for services; and

21 (2) execute a certification that includes adequate

22 facts to establish that the Corps is uniquely equipped

23 to perform such services.

24 (d) ANNUAL REPORT TO CONGRESS.—
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1 (1) IN GENERAL.—Not later than the end of each

2 calendar year, the Secretary shall provide to the Com3 mittee on Transportation and Infrastructure of the

4 House of Representatives and the Committee on Envi5 ronment and Public Works of the Senate a report

6 identifying any request submitted by a Federal agen7 cy (other than a Department of Defense agency),

8 State, or local government of the United States to the

9 Corps to provide specialized or technical services.

10 (2) CONTENTS OF REPORT.—The report shall in11 clude, with respect to each request described in para12 graph (1)—

13 (A) a description of the scope of services re14 quested;

15 (B) the certifications required under sub16 section (b) and (c);

17 (C) the status of the request;

18 (D) the estimated and final cost of the serv19 ices;

20 (E) the status of reimbursement;

21 (F) a description of the scope of services

22 performed; and

23 (G) copies of all certifications in support of

24 the request.
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1 TITLE III—PROJECT-RELATED

2 PROVISIONS

3 SEC. 301. BOYDSVILLE, ARKANSAS.

4 The Secretary shall credit toward the non-Federal

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

6 of the reservoir and associated improvements in the vicinity

7 of Boydsville, Arkansas, authorized by section 402 of the

8 Water Resources Development Act of 1999 (113 Stat. 322),

9 not more than $250,000 of the costs of the relevant planning

10 and engineering investigations carried out by State and

11 local agencies, if the Secretary finds that the investigations

12 are integral to the scope of the feasibility study.

13 SEC. 302. WHITE RIVER BASIN, ARKANSAS AND MISSOURI.

14 Section 374 of the Water Resources Development Act

15 of 1999 (113 Stat. 321) is amended—

16 (1) in subsection (a), by striking ‘‘the following’’

17 and all that follows and inserting ‘‘the amounts of

18 project storage that are recommended by the report re19 quired under subsection (b).’’; and

20 (2) in subsection (b)—

21 (A) in paragraph (1), by inserting before

22 the period at the end the following: ‘‘and does

23 not significantly impact other authorized project

24 purposes’’;
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1 (B) in paragraph (2), by striking ‘‘2000’’

2 and inserting ‘‘2002’’; and

3 (C) in paragraph (3)—

4 (i) by inserting ‘‘and to what extent’’

5 after ‘‘whether’’;

6 (ii) in subparagraph (A), by striking

7 ‘‘and’’ at the end;

8 (iii) in subparagraph (B), by striking

9 the period at the end and inserting ‘‘; and’’;

10 and

11 (iv) by adding at the end the following:

12 ‘‘(C) project storage should be reallocated to

13 sustain the tail water trout fisheries.’’.

14 SEC. 303. GASPARILLA AND ESTERO ISLANDS, FLORIDA.

15 The project for shore protection, Gasparilla and Estero

16 Island segments, Lee County, Florida, authorized under sec17 tion 201 of the Flood Control Act of 1965 (79 Stat. 1073),

18 by Senate Resolution dated December 17, 1970, and by

19 House Resolution dated December 15, 1970, is modified to

20 authorize the Secretary to enter into an agreement with the

21 non-Federal interest to carry out the project in accordance

22 with section 206 of the Water Resources Development Act

23 of 1992 (33 U.S.C. 426i–1), if the Secretary determines that

24 the project is technically sound, environmentally acceptable,

25 and economically justified.
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1 SEC. 304. FORT HALL INDIAN RESERVATION, IDAHO.

2 (a) IN GENERAL.—The Secretary shall carry out plan3 ning, engineering, and design of an adaptive ecosystem res4 toration, flood damage reduction, and erosion protection

5 project along the upper Snake River within and adjacent

6 to the Fort Hall Indian Reservation, Idaho.

7 (b) PROJECT JUSTIFICATION.—Notwithstanding any

8 other provision of law or requirement for economic justifica9 tion, the Secretary may construct and adaptively manage

10 for 10 years a project under this section if the Secretary

11 determines that the project—

12 (1) is a cost-effective means of providing eco13 system restoration, flood damage reduction, and ero14 sion protection;

15 (2) is environmentally acceptable and technically

16 feasible; and

17 (3) will improve the economic and social condi18 tions of the Shoshone-Bannok Indian Tribe.

19 (c) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—As a

20 condition of the project described in subsection (a), the Sho21 shone-Bannock Indian Tribe shall provide land, easements,

22 and rights-of-way necessary for implementation of the

23 project.
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1 SEC. 305. UPPER DES PLAINES RIVER AND TRIBUTARIES, IL2 LINOIS.

3 The Secretary shall credit toward the non-Federal

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

5 of improvements to the upper Des Plaines River and tribu6 taries, phase 2, Illinois and Wisconsin, authorized by sec7 tion 419 of the Water Resources Development Act of 1999

8 (113 Stat. 324), the costs of work carried out by the non9 Federal interests in Lake County, Illinois, before the date

10 of execution of the feasibility study cost-sharing agreement,

11 if—

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

13 enter into a feasibility study cost-sharing agreement;

14 and

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

16 to the scope of the feasibility study.

17 SEC. 306. RED RIVER WATERWAY, LOUISIANA.

18 The project for mitigation of fish and wildlife losses,

19 Red River Waterway, Louisiana, authorized by section

20 601(a) of the Water Resources Development Act of 1986

21 (100 Stat. 4142) and modified by section 4(h) of the Water

22 Resources Development Act of 1988 (102 Stat. 4016), sec23 tion 102(p) of the Water Resources Development Act of 1990

24 (104 Stat. 4613), and section 301(b)(7) of the Water Re25 sources Development Act of 1996 (110 Stat. 3710), is fur26 ther modified to authorize the purchase of mitigation land
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1 from willing sellers in any of the parishes that comprise

2 the Red River Waterway District, consisting of Avoyelles,

3 Bossier, Caddo, Grant, Natchitoches, Rapides, and Red

4 River Parishes.

5 SEC. 307. WILLIAM JENNINGS RANDOLPH LAKE, MARYLAND.

6 The Secretary—

7 (1) may provide design and construction assist8 ance for recreational facilities in the State of Mary9 land at the William Jennings Randolph Lake

10 (Bloomington Dam), Maryland and West Virginia,

11 project authorized by section 203 of the Flood Control

12 Act of 1962 (76 Stat. 1182); and

13 (2) shall require the non-Federal interest to pro14 vide 50 percent of the costs of designing and con15 structing the recreational facilities.

16 SEC. 308. MISSOURI RIVER VALLEY, MISSOURI.

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

18 ‘‘Missouri River Valley Improvement Act’’.

19 (b) FINDINGS AND PURPOSES.—

20 (1) FINDINGS.—Congress finds that—

21 (A) Lewis and Clark were pioneering natu22 ralists that recorded dozens of species previously

23 unknown to science while ascending the Missouri

24 River in 1804;
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1 (B) the Missouri River, which is 2,321

miles long, drains 1 2 ⁄6 of the United States, is

3 home to approximately 10,000,000 people in 10

4 States and 28 Native American tribes, and is a

5 resource of incalculable value to the United

6 States;

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

8 river training structures in the past 150 years

9 has aided navigation, flood control, and water

10 supply along the Missouri River, but has reduced

11 habitat for native river fish and wildlife;

12 (D) river organizations, including the Mis13 souri River Basin Association, support habitat

14 restoration, riverfront revitalization, and im15 proved operational flexibility so long as those ef16 forts do not significantly interfere with uses of

17 the Missouri River; and

18 (E) restoring a string of natural places by

19 the year 2004 would aid native river fish and

20 wildlife, reduce flood losses, enhance recreation

21 and tourism, and celebrate the bicentennial of

22 Lewis and Clark’s voyage.

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

24 are—
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1 (A) to protect, restore, and enhance the fish,

2 wildlife, and plants, and the associated habitats

3 on which they depend, of the Missouri River;

4 (B) to restore a string of natural places that

5 aid native river fish and wildlife, reduce flood

6 losses, and enhance recreation and tourism;

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 and

16 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 section,

25 the term ‘‘Missouri River’’ means the Missouri River and
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1 the adjacent floodplain that extends from the mouth of the

2 Missouri River (RM 0) to the confluence of the Jefferson,

3 Madison, and Gallatin Rivers (RM 2341) in the State of

4 Montana.

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

7 Act of December 22, 1944 (58 Stat. 891, chapter 665), is

8 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 addition

17 to carrying out the duties under the comprehensive

18 plan described in paragraph (1), the Chief of Engi19 neers shall protect, enhance, and restore fish and

20 wildlife habitat on the Missouri River to the extent

21 consistent with other authorized project purposes.’’.

22 (e) INTEGRATION OF ACTIVITIES.—

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

24 and in accordance with paragraph (2), the Secretary

25 shall provide for such activities as are necessary to
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1 protect and enhance fish and wildlife habitat without

2 adversely affecting—

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

4 River basin, including flood control, navigation,

5 hydropower, water supply, and recreation; and

6 (B) private property rights.

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

8 confers any new regulatory authority on any Federal

9 or non-Federal entity that carries out any activity

10 under this section.

11 (f) MISSOURI RIVER MITIGATION PROJECT.—The

12 matter under the heading ‘‘MISSOURI RIVER MITIGATION,

13 MISSOURI, KANSAS, IOWA, AND NEBRASKA’’ of section 601(a)

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

15 4143) is amended by adding at the end the following:

16 ‘‘There is authorized to be appropriated to carry out this

17 paragraph $20,000,000 for each of fiscal years 2001 through

18 2010, contingent on the completion by December 31, 2000,

19 of the study under this heading.’’.

20 (g) UPPER MISSOURI RIVER AQUATIC AND RIPARIAN

21 HABITAT MITIGATION PROGRAM.—

22 (1) IN GENERAL.—

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

24 the date of enactment of this Act, the Secretary,

25 through an interagency agreement with the Di-
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1 rector of the United States Fish and Wildlife

2 Service and in accordance with the Fish and

3 Wildlife Conservation Act of 1980 (16 U.S.C.

4 2901 et seq.), shall complete a study that—

5 (i) analyzes any adverse effects on

6 aquatic and riparian-dependent fish and

7 wildlife resulting from the operation of the

8 Missouri River Mainstem Reservoir Project

9 in the States of Nebraska, South Dakota,

10 North Dakota, and Montana;

11 (ii) recommends measures appropriate

12 to mitigate the adverse effects described in

13 clause (i); and

14 (iii) develops baseline geologic and hy15 drologic data relating to aquatic and ripar16 ian habitat.

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

18 the date of enactment of this Act, the Secretary

19 shall submit to Congress a report describing the

20 results of the study under subparagraph (A).

21 (2) PILOT PROGRAM.—The Secretary, in con22 sultation with the Director of the United States Fish

23 and Wildlife Service and the affected State fish and

24 wildlife agencies, shall develop and administer a pilot

25 mitigation program that—
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1 (A) involves the experimental releases of

2 warm water from the spillways at Fort Peck

3 Dam during the appropriate spawning periods

4 for native fish;

5 (B) involves the monitoring of the response

6 of fish to and the effectiveness of the preservation

7 of native fish and wildlife habitat of the releases

8 described in subparagraph (A); and

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

10 reservoir existing on the date on which the pilot

11 program is implemented.

12 (3) RESERVOIR FISH LOSS STUDY.—

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

14 after the date of enactment of this Act, the Sec15 retary, in consultation with the North Dakota

16 Game and Fish Department and the South Da17 kota Department of Game, Fish and Parks, shall

18 complete a study to analyze and recommend

19 measures to avoid or reduce the loss of fish, in20 cluding rainbow smelt, through Garrison Dam

21 in North Dakota and Oahe Dam in South Da22 kota.

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

24 the date of enactment of this Act, the Secretary
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1 shall submit to Congress a report describing the

2 results of the study under subparagraph (A).

3 (4) AUTHORIZATION OF APPROPRIATIONS.—

4 There are authorized to be appropriated to the

5 Secretary—

6 (A) to complete the study required under

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

8 (B) to carry out the other provisions of this

9 subsection, $1,000,000 for each of fiscal years

10 2001 through 2010.

11 (h) MISSOURI AND MIDDLE MISSISSIPPI RIVERS EN12 HANCEMENT PROJECT.—Section 514 of the Water Resources

13 Development Act of 1999 (113 Stat. 342) is amended by

14 striking subsection (g) and inserting the following:

15 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to pay the Federal share of

17 the cost of carrying out activities under this section

18 $5,000,000 for each of fiscal years 2001 through 2004.’’.

19 SEC. 309. NEW MADRID COUNTY, MISSOURI.

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

21 Madrid County Harbor, New Madrid County, Missouri, au22 thorized under section 107 of the River and Harbor Act of

23 1960 (33 U.S.C. 577), is authorized as described in the fea24 sibility report for the project, including both phase 1 and

25 phase 2 of the project.
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1 (b) CREDIT.—

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

3 credit to the non-Federal interests for the costs in4 curred by the non-Federal interests in carrying out

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

6 Secretary finds that the construction work is integral

7 to phase 2 of the project.

8 (2) MAXIMUM AMOUNT OF CREDIT.—The amount

9 of the credit under paragraph (1) shall not exceed the

10 required non-Federal share for the project.

11 SEC. 310. PEMISCOT COUNTY HARBOR, MISSOURI.

12 (a) CREDIT.—With respect to the project for naviga13 tion, Pemiscot County Harbor, Missouri, authorized under

14 section 107 of the River and Harbor Act of 1960 (33 U.S.C.

15 577), the Secretary shall provide credit to the Pemiscot

16 County Port Authority, or an agent of the authority, for

17 the costs incurred by the Authority or agent in carrying

18 out construction work for the project after December 31,

19 1997, if the Secretary finds that the construction work is

20 integral to the project.

21 (b) MAXIMUM AMOUNT OF CREDIT.—The amount of

22 the credit under subsection (a) shall not exceed the required

23 non-Federal share for the project, estimated as of the date

24 of enactment of this Act to be $222,000.
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1 SEC. 311. PIKE COUNTY, MISSOURI.

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

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

4 interest in and to the parcel of land described in subsection

5 (b)(1) to the United States, the Secretary shall convey all

6 right, title, and interest of the United States in and to the

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

8 (b) LAND DESCRIPTION.—The parcels of land referred

9 to in subsection (a) are the following:

10 (1) NON-FEDERAL LAND.—8.99 acres with exist11 ing flowage easements, located in Pike County, Mis12 souri, adjacent to land being acquired from Holnam,

13 Inc. by the Corps of Engineers.

14 (2) FEDERAL LAND.—8.99 acres located in Pike

15 County, Missouri, known as ‘‘Government Tract

16 Numbers FM–46 and FM–47’’, administered by the

17 Corps of Engineers.

18 (c) CONDITIONS.—The land exchange under subsection

19 (a) shall be subject to the following conditions:

20 (1) DEEDS.—

21 (A) NON-FEDERAL LAND.—The conveyance

22 of the parcel of land described in subsection

23 (b)(1) to the Secretary shall be by a warranty

24 deed acceptable to the Secretary.

25 (B) FEDERAL LAND.—The instrument of

26 conveyance used to convey the parcel of land de-
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1 scribed in subsection (b)(2) to S.S.S., Inc. shall

2 contain such reservations, terms, and conditions

3 as the Secretary considers necessary to allow the

4 United States to operate and maintain the Mis5 sissippi River 9-Foot Navigation Project.

6 (2) REMOVAL OF IMPROVEMENTS.—

7 (A) IN GENERAL.—S.S.S., Inc. may remove,

8 and the Secretary may require S.S.S., Inc. to re9 move, any improvements on the parcel of land

10 described in subsection (b)(1).

11 (B) NO LIABILITY.—If S.S.S., Inc., volun12 tarily or under direction from the Secretary, re13 moves an improvement on the parcel of land de14 scribed in subsection (b)(1)—

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

16 against the United States for liability; and

17 (ii) the United States shall not incur

18 or be liable for any cost associated with the

19 removal or relocation of the improvement.

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

21 later than 2 years after the date of enactment of this

22 Act, the land exchange under subsection (a) shall be

23 completed.

24 (4) LEGAL DESCRIPTION.—The Secretary shall

25 provide legal descriptions of the parcels of land de-
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1 scribed in subsection (b), which shall be used in the

2 instruments of conveyance of the parcels.

3 (5) ADMINISTRATIVE COSTS.—The Secretary

4 shall require S.S.S., Inc. to pay reasonable adminis5 trative costs associated with the land exchange under

6 subsection (a).

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

8 market value, as determined by the Secretary, of the parcel

9 of land conveyed to S.S.S., Inc. by the Secretary under sub10 section (a) exceeds the appraised fair market value, as de11 termined by the Secretary, of the parcel of land conveyed

12 to the United States by S.S.S., Inc. under that subsection,

13 S.S.S., Inc. shall pay to the United States, in cash or a

14 cash equivalent, an amount equal to the difference between

15 the 2 values.

16 SEC. 312. FORT PECK FISH HATCHERY, MONTANA.

17 (a) FINDINGS.—Congress finds that—

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

19 multispecies fish hatchery;

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

21 and stock fish species in Fort Peck Lake has been dis22 proportionately borne by the State of Montana despite

23 the existence of a Federal project at Fort Peck Lake;

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

25 eastern Montana has only 1 warm water fish hatch-
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1 ery, which is inadequate to meet the demands of the

2 region; and

3 (B) a disease or infrastructure failure at that

4 hatchery could imperil fish populations throughout

5 the region;

6 (4) although the multipurpose project at Fort

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

8 Act of August 30, 1935 (49 Stat. 1034, chapter 831),

9 was intended to include irrigation projects and other

10 activities designed to promote economic growth, many

11 of those projects were never completed, to the det12 riment of the local communities flooded by the Fort

13 Peck Dam;

14 (5) the process of developing an environmental

15 impact statement for the update of the Corps of Engi16 neers Master Manual for the operation of the Missouri

17 River recognized the need for greater support of recre18 ation activities and other authorized purposes of the

19 Fort Peck project;

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

21 the authorized purposes of the Fort Peck project, the

22 State of Montana has funded the stocking of Fort

23 Peck Lake since 1947; and

24 (B) the obligation to fund the stocking con25 stitutes an undue burden on the State; and
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1 (7) a viable multispecies fishery would spur eco2 nomic development in the region.

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

4 (1) to authorize and provide funding for the de5 sign and construction of a multispecies fish hatchery

6 at Fort Peck Lake, Montana; and

7 (2) to ensure stable operation and maintenance

8 of the fish hatchery.

9 (c) DEFINITIONS.—In this section:

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

11 Lake’’ means the reservoir created by the damming of

12 the upper Missouri River in northeastern Montana.

13 (2) HATCHERY PROJECT.—The term ‘‘hatchery

14 project’’ means the project authorized by subsection

15 (d).

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

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

18 construction of a fish hatchery and such associated facilities

19 as are necessary to sustain a multispecies fishery.

20 (e) COST SHARING.—

21 (1) DESIGN AND CONSTRUCTION.—

22 (A) FEDERAL SHARE.—The Federal share

23 of the costs of design and construction of the

24 hatchery project shall be 75 percent.

25 (B) FORM OF NON-FEDERAL SHARE.—
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1 (i) IN GENERAL.—The non-Federal

2 share of the costs of the hatchery project

3 may be provided in the form of cash or in

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

5 services, roads, or any other form of in-kind

6 contribution determined by the Secretary to

7 be appropriate.

8 (ii) REQUIRED CREDITING.—The Sec9 retary shall credit toward the non-Federal

10 share of the costs of the hatchery project—

11 (I) the costs to the State of Mon12 tana of stocking Fort Peck Lake during

13 the period beginning January 1, 1947;

14 and

15 (II) the costs to the State of Mon16 tana and the counties having jurisdic17 tion over land surrounding Fort Peck

18 Lake of construction of local access

19 roads to the lake.

20 (2) OPERATION, MAINTENANCE, REPAIR, AND RE21 PLACEMENT.—

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

23 subparagraphs (B) and (C), the operation, main24 tenance, repair, and replacement of the hatchery

25 project shall be a non-Federal responsibility.
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1 (B) COSTS ASSOCIATED WITH THREATENED

2 AND ENDANGERED SPECIES.—The costs of oper3 ation and maintenance associated with raising

4 threatened or endangered species shall be a Fed5 eral responsibility.

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

7 the hatchery project low-cost project power for all

8 hatchery operations.

9 (f) AUTHORIZATION OF APPROPRIATIONS.—

10 (1) IN GENERAL.—There are authorized to be ap11 propriated to carry out this section—

12 (A) $20,000,000; and

13 (B) such sums as are necessary to carry out

14 subsection (e)(2)(B).

15 (2) AVAILABILITY OF FUNDS.—Sums made avail16 able under paragraph (1) shall remain available until

17 expended.

18 SEC. 313. SAGAMORE CREEK, NEW HAMPSHIRE.

19 The Secretary shall carry out maintenance dredging

20 of the Sagamore Creek Channel, New Hampshire.

21 SEC. 314. PASSAIC RIVER BASIN FLOOD MANAGEMENT, NEW

22 JERSEY.

23 (a) IN GENERAL.—The project for flood control, Pas24 saic River, New Jersey and New York, authorized by section

25 101(a)(18) of the Water Resources Development Act of 1990
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1 (104 Stat. 4607), is modified to emphasize nonstructural

2 approaches for flood control as alternatives to the construc3 tion of the Passaic River tunnel element, while maintaining

4 the integrity of other separable mainstream project ele5 ments, wetland banks, and other independent projects that

6 were authorized to be carried out in the Passaic River

7 Basin before the date of enactment of this Act.

8 (b) REEVALUATION OF FLOODWAY STUDY.—The Sec9 retary shall review the Passaic River Floodway Buyout

10 Study, dated October 1995, to calculate the benefits of a

11 buyout and environmental restoration using the method

12 used to calculate the benefits of structural projects under

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

14 1990 (33 U.S.C. 2318(b)).

15 (c) REEVALUATION OF 10-YEAR FLOODPLAIN

16 STUDY.—The Secretary shall review the Passaic River

17 Buyout Study of the 10-year floodplain beyond the floodway

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

19 to calculate the benefits of a buyout and environmental res20 toration using the method used to calculate the benefits of

21 structural projects under section 308(b) of the Water Re22 sources Development Act of 1990 (33 U.S.C. 2318(b)).

23 (d) PRESERVATION OF NATURAL STORAGE AREAS.—

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

25 the acquisition, from willing sellers, for flood protec-
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1 tion purposes, of wetlands in the Central Passaic

2 River Basin to supplement the wetland acquisition

3 authorized by section 101(a)(18)(C)(vi) of the Water

4 Resources Development Act of 1990 (104 Stat. 4609).

5 (2) PURCHASE.—If the Secretary determines

6 that the acquisition of wetlands evaluated under

7 paragraph (1) is economically justified, the Secretary

8 shall purchase the wetlands, with the goal of pur9 chasing not more than 8,200 acres.

10 (e) STREAMBANK EROSION CONTROL STUDY.—The

11 Secretary shall review relevant reports and conduct a study

12 to determine the feasibility of carrying out a project for en13 vironmental restoration, erosion control, and streambank

14 restoration along the Passaic River, from Dundee Dam to

15 Kearny Point, New Jersey.

16 (f) PASSAIC RIVER FLOOD MANAGEMENT TASK

17 FORCE.—

18 (1) ESTABLISHMENT.—The Secretary, in co19 operation with the non-Federal interest, shall estab20 lish a task force, to be known as the ‘‘Passaic River

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

22 the Secretary concerning all aspects of the Passaic

23 River flood management project.

24 (2) MEMBERSHIP.—The task force shall be com25 posed of 20 members, appointed as follows:
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1 (A) APPOINTMENT BY SECRETARY.—The

2 Secretary shall appoint 1 member to represent

3 the Corps of Engineers and to provide technical

4 advice to the task force.

5 (B) APPOINTMENTS BY GOVERNOR OF NEW

6 JERSEY.—The Governor of New Jersey shall ap7 point 18 members to the task force, as follows:

8 (i) 2 representatives of the New Jersey

9 legislature who are members of different po10 litical parties.

11 (ii) 1 representative of the State of

12 New Jersey.

13 (iii) 1 representative of each of Bergen,

14 Essex, Morris, and Passaic Counties, New

15 Jersey.

16 (iv) 6 representatives of governments of

17 municipalities affected by flooding within

18 the Passaic River Basin.

19 (v) 1 representative of the Palisades

20 Interstate Park Commission.

21 (vi) 1 representative of the North Jer22 sey District Water Supply Commission.

23 (vii) 1 representative of each of—

24 (I) the Association of New Jersey

25 Environmental Commissions;
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1 (II) the Passaic River Coalition;

2 and

3 (III) the Sierra Club.

4 (C) APPOINTMENT BY GOVERNOR OF NEW

5 YORK.—The Governor of New York shall appoint

6 1 representative of the State of New York to the

7 task force.

8 (3) MEETINGS.—

9 (A) REGULAR MEETINGS.—The task force

10 shall hold regular meetings.

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

12 task force shall be open to the public.

13 (4) ANNUAL REPORT.—The task force shall sub14 mit annually to the Secretary and to the non-Federal

15 interest a report describing the achievements of the

16 Passaic River flood management project in preventing

17 flooding and any impediments to completion of the

18 project.

19 (5) EXPENDITURE OF FUNDS.—The Secretary

20 may use funds made available to carry out the Pas21 saic River Basin flood management project to pay the

22 administrative expenses of the task force.

23 (6) TERMINATION.—The task force shall termi24 nate on the date on which the Passaic River flood

25 management project is completed.
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1 (g) ACQUISITION OF LANDS IN THE FLOODWAY.—Sec2 tion 1148 of the Water Resources Development Act of 1986

3 (100 Stat. 4254; 110 Stat. 3718), is amended by adding

4 at the end the following:

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

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

7 a manner that is consistent with the Blue Acres Program

8 of the State of New Jersey.’’.

9 (h) STUDY OF HIGHLANDS LAND CONSERVATION.—

10 The Secretary, in cooperation with the Secretary of Agri11 culture and the State of New Jersey, may study the feasi12 bility of conserving land in the Highlands region of New

13 Jersey and New York to provide additional flood protection

14 for residents of the Passaic River Basin in accordance with

15 section 212 of the Water Resources Development Act of 1999

16 (33 U.S.C. 2332).

17 (i) RESTRICTION ON USE OF FUNDS.—The Secretary

18 shall not obligate any funds to carry out design or construc19 tion of the tunnel element of the Passaic River flood control

20 project, as authorized by section 101(a)(18)(A) of the Water

21 Resources Development Act of 1990 (104 Stat. 4607).

22 (j) CONFORMING AMENDMENT.—Section 101(a)(18) of

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

24 4607) is amended in the paragraph heading by striking
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1 ‘‘MAIN STEM,’’ and inserting ‘‘FLOOD MANAGEMENT

2 PROJECT,’’.

3 SEC. 315. ROCKAWAY INLET TO NORTON POINT, NEW YORK.

4 (a) IN GENERAL.—The project for shoreline protection,

5 Atlantic Coast of New York City from Rockaway Inlet to

6 Norton Point (Coney Island Area), New York, authorized

7 by section 501(a) of the Water Resources Development Act

8 of 1986 (100 Stat. 4135) is modified to authorize the Sec9 retary to construct T-groins to improve sand retention

10 down drift of the West 37th Street groin, in the Sea Gate

11 area of Coney Island, New York, as identified in the March

12 1998 report prepared for the Corps of Engineers, entitled

13 ‘‘Field Data Gathering Project Performance Analysis and

14 Design Alternative Solutions to Improve Sandfill Reten15 tion’’, at a total cost of $9,000,000, with an estimated Fed16 eral cost of $5,850,000 and an estimated non-Federal cost

17 of $3,150,000.

18 (b) COST SHARING.—The non-Federal share of the

19 costs of constructing the T-groins under subsection (a) shall

20 be 35 percent.

21 SEC. 316. JOHN DAY POOL, OREGON AND WASHINGTON.

22 (a) EXTINGUISHMENT OF REVERSIONARY INTERESTS

23 AND USE RESTRICTIONS.—With respect to the land de24 scribed in each deed specified in subsection (b)—
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1 (1) the reversionary interests and the use restric2 tions relating to port or industrial purposes are ex3 tinguished;

4 (2) the human habitation or other building

5 structure use restriction is extinguished in each area

6 where the elevation is above the standard project flood

7 elevation; and

8 (3) the use of fill material to raise low areas

9 above the standard project flood elevation is author10 ized, except in any low area constituting wetland for

11 which a permit under section 404 of the Federal

12 Water Pollution Control Act (33 U.S.C. 1344) would

13 be required.

14 (b) AFFECTED DEEDS.—Subsection (a) applies to

15 deeds with the following county auditors’ numbers:

16 (1) Auditor’s Microfilm Numbers 229 and 16226

17 of Morrow County, Oregon, executed by the United

18 States.

19 (2) The portion of the land conveyed in a deed

20 executed by the United States and bearing Benton

21 County, Washington, Auditor’s File Number 601766,

22 described as a tract of land lying in sec. 7, T. 5 N.,

23 R. 28 E., Willamette meridian, Benton County,

24 Washington, being more particularly described by the

25 following boundaries:
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1 (A) Commencing at the point of intersection

2 of the centerlines of Plymouth Street and Third

3 Avenue in the First Addition to the Town of

4 Plymouth (according to the duly recorded plat

5 thereof).

6 (B) Thence west along the centerline of

7 Third Avenue, a distance of 565 feet.

8 (C) Thence south 54° 10’ west, to a point on

9 the west line of Tract 18 of that Addition and

10 the true point of beginning.

11 (D) Thence north, parallel with the west

12 line of that sec. 7, to a point on the north line

13 of that sec. 7.

14 (E) Thence west along the north line thereof

15 to the northwest corner of that sec. 7.

16 (F) Thence south along the west line of that

17 sec. 7 to a point on the ordinary high water line

18 of the Columbia River.

19 (G) Thence northeast along that high water

20 line to a point on the north and south coordinate

21 line of the Oregon Coordinate System, North

22 Zone, that coordinate line being east 2,291,000

23 feet.
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1 (H) Thence north along that line to a point

2 on the south line of First Avenue of that Addi3 tion.

4 (I) Thence west along First Avenue to a

5 point on the southerly extension of the west line

6 of T. 18.

7 (J) Thence north along that west line of T.

8 18 to the point of beginning.

9 SEC. 317. FOX POINT HURRICANE BARRIER, PROVIDENCE,

10 RHODE ISLAND.

11 Section 352 of the Water Resources Development Act

12 of 1999 (113 Stat. 310) is amended—

13 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

14 ‘‘The’’; and

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

16 ‘‘(b) CREDIT TOWARD NON-FEDERAL SHARE.—The

17 non-Federal interest shall receive credit toward the non18 Federal share of project costs, or reimbursement, for the

19 Federal share of the costs of repairs authorized under sub20 section (a) that are incurred by the non-Federal interest

21 before the date of execution of the project cooperation agree22 ment.’’.
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1 SEC. 318. HOUSTON-GALVESTON NAVIGATION CHANNELS,

2 TEXAS.

3 (a) IN GENERAL.—Subject to the completion, not later

4 than December 31, 2000, of a favorable report by the Chief

5 of Engineers, the project for navigation and environmental

6 restoration, Houston-Galveston Navigation Channels,

7 Texas, authorized by section 101(a)(30) of the Water Re8 sources Development Act of 1996 (110 Stat. 3666), is modi9 fied to authorize the Secretary to design and construct barge

10 lanes adjacent to both sides of the Houston Ship Channel

11 from Redfish Reef to Morgan Point, a distance of approxi12 mately 15 miles, to a depth of 12 feet, at a total cost of

13 $34,000,000, with an estimated Federal cost of $30,600,000

14 and an estimated non-Federal cost of $3,400,000.

15 (b) COST SHARING.—The non-Federal interest shall

16 pay a portion of the costs of construction of the barge lanes

17 under subsection (a) in accordance with section 101 of the

18 Water Resources Development Act of 1986 (33 U.S.C. 2211).

19 (c) FEDERAL INTEREST.—If the modification under

20 subsection (a) is in compliance with all applicable environ21 mental requirements, the modification shall be considered

22 to be in the Federal interest.

23 (d) NO AUTHORIZATION OF MAINTENANCE.—No main24 tenance is authorized to be carried out for the modification

25 under subsection (a).
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1 SEC. 319. JOE POOL LAKE, TRINITY RIVER BASIN, TEXAS.

2 (a) IN GENERAL.—The Secretary shall enter into an

3 agreement with the city of Grand Prairie, Texas, under

4 which the city agrees to assume all responsibilities of the

5 Trinity River Authority of the State of Texas under Con6 tract No. DACW63–76–C–0166, other than financial re7 sponsibilities, except the responsibility described in sub8 section (d).

9 (b) RESPONSIBILITIES OF TRINITY RIVER AUTHOR10 ITY.—The Trinity River Authority shall be relieved of all

11 financial responsibilities under the contract described in

12 subsection (a) as of the date on which the Secretary enters

13 into the agreement with the city under that subsection.

14 (c) PAYMENTS BY CITY.—In consideration of the agree15 ment entered into under subsection (a), the city shall pay

16 the Federal Government $4,290,000 in 2 installments—

17 (1) 1 installment in the amount of $2,150,000,

18 which shall be due and payable not later than Decem19 ber 1, 2000; and

20 (2) 1 installment in the amount of $2,140,000,

21 which shall be due and payable not later than Decem22 ber 1, 2003.

23 (d) OPERATION AND MAINTENANCE COSTS.—The

24 agreement entered into under subsection (a) shall include

25 a provision requiring the city to assume responsibility for

26 all costs associated with operation and maintenance of the
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1 recreation facilities included in the contract described in

2 that subsection.

3 SEC. 320. LAKE CHAMPLAIN WATERSHED, VERMONT AND

4 NEW YORK.

5 (a) DEFINITIONS.—In this section:

6 (1) CRITICAL RESTORATION PROJECT.—The term

7 ‘‘critical restoration project’’ means a project that

8 will produce, consistent with Federal programs,

9 projects, and activities, immediate and substantial

10 ecosystem restoration, preservation, and protection

11 benefits.

12 (2) LAKE CHAMPLAIN WATERSHED.—The term

13 ‘‘Lake Champlain watershed’’ means—

14 (A) the land areas within Addison,

15 Bennington, Caledonia, Chittenden, Franklin,

16 Grand Isle, Lamoille, Orange, Orleans, Rutland,

17 and Washington Counties in the State of

18 Vermont; and

19 (B)(i) the land areas that drain into Lake

20 Champlain and that are located within Essex,

21 Clinton, Franklin, Warren, and Washington

22 Counties in the State of New York; and

23 (ii) the near-shore areas of Lake Champlain

24 within the counties referred to in clause (i).

25 (b) CRITICAL RESTORATION PROJECTS.—
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1 (1) IN GENERAL.—The Secretary may partici2 pate in critical restoration projects in the Lake

3 Champlain watershed.

4 (2) TYPES OF PROJECTS.—A critical restoration

5 project shall be eligible for assistance under this sec6 tion if the critical restoration project consists of—

7 (A) implementation of an intergovern8 mental agreement for coordinating regulatory

9 and management responsibilities with respect to

10 the Lake Champlain watershed;

11 (B) acceleration of whole farm planning to

12 implement best management practices to main13 tain or enhance water quality and to promote

14 agricultural land use in the Lake Champlain

15 watershed;

16 (C) acceleration of whole community plan17 ning to promote intergovernmental cooperation

18 in the regulation and management of activities

19 consistent with the goal of maintaining or en20 hancing water quality in the Lake Champlain

21 watershed;

22 (D) natural resource stewardship activities

23 on public or private land to promote land uses

24 that—
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1 (i) preserve and enhance the economic

2 and social character of the communities in

3 the Lake Champlain watershed; and

4 (ii) protect and enhance water quality;

5 or

6 (E) any other activity determined by the

7 Secretary to be appropriate.

8 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec9 retary may provide assistance for a critical restoration

10 project under this section only if—

11 (1) the critical restoration project is publicly

12 owned; or

13 (2) the non-Federal interest with respect to the

14 critical restoration project demonstrates that the crit15 ical restoration project will provide a substantial

16 public benefit in the form of water quality improve17 ment.

18 (d) PROJECT SELECTION.—

19 (1) IN GENERAL.—In consultation with the

20 heads of other appropriate Federal, State, tribal, and

21 local agencies, the Secretary may—

22 (A) identify critical restoration projects in

23 the Lake Champlain watershed; and

24 (B) carry out the critical restoration

25 projects after entering into an agreement with an
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1 appropriate non-Federal interest in accordance

2 with section 221 of the Flood Control Act of 1970

3 (42 U.S.C. 1962d–5b) and this section.

4 (2) CERTIFICATION.—

5 (A) IN GENERAL.—A critical restoration

6 project shall be eligible for financial assistance

7 under this section only if the State director for

8 the critical restoration project certifies to the

9 Secretary that the critical restoration project

10 will contribute to the protection and enhance11 ment of the quality or quantity of the water re12 sources of the Lake Champlain watershed.

13 (B) SPECIAL CONSIDERATION.—In certi14 fying critical restoration projects to the Sec15 retary, State directors shall give special consider16 ation to projects that implement plans, agree17 ments, and measures that preserve and enhance

18 the economic and social character of the commu19 nities in the Lake Champlain watershed.

20 (e) COST SHARING.—

21 (1) IN GENERAL.—Before providing assistance

22 under this section with respect to a critical restora23 tion project, the Secretary shall enter into a project

24 cooperation agreement that shall require the non-Fed25 eral interest—
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1 (A) to pay 35 percent of the total costs of

2 the critical restoration project;

3 (B) to acquire any land, easements, rights4 of-way, relocations, and dredged material dis5 posal areas necessary to carry out the critical

6 restoration project;

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

8 maintenance, repair, replacement, and rehabili9 tation costs associated with the critical restora10 tion project; and

11 (D) to hold the United States harmless from

12 any claim or damage that may arise from car13 rying out the critical restoration project, except

14 any claim or damage that may arise from the

15 negligence of the Federal Government or a con16 tractor of the Federal Government.

17 (2) NON-FEDERAL SHARE.—

18 (A) CREDIT FOR DESIGN WORK.—The non19 Federal interest shall receive credit for the rea20 sonable costs of design work carried out by the

21 non-Federal interest before the date of execution

22 of a project cooperation agreement for the crit23 ical restoration project, if the Secretary finds

24 that the design work is integral to the critical

25 restoration project.
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1 (B) CREDIT FOR LAND, EASEMENTS, AND

2 RIGHTS-OF-WAY.—The non-Federal interest shall

3 receive credit for the value of any land, ease4 ment, right-of-way, relocation, or dredged mate5 rial disposal area provided for carrying out the

6 critical restoration project.

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

8 provide up to 50 percent of the non-Federal

9 share in the form of services, materials, supplies,

10 or other in-kind contributions.

11 (f) APPLICABILITY OF OTHER FEDERAL AND STATE

12 LAWS.—Nothing in this section waives, limits, or otherwise

13 affects the applicability of Federal or State law with respect

14 to a critical restoration project carried out with assistance

15 provided under this section.

16 (g) AUTHORIZATION OF APPROPRIATIONS.—There is

17 authorized to be appropriated to carry out this section

18 $20,000,000, to remain available until expended.

19 SEC. 321. MOUNT ST. HELENS, WASHINGTON.

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

21 Washington, authorized by the matter under the heading

22 ‘‘TRANSFER OF FEDERAL TOWNSITES’’ in chapter IV of title

23 I of the Supplemental Appropriations Act, 1985 (99 Stat.

24 318), is modified to authorize the Secretary to maintain,

25 for Longview, Kelso, Lexington, and Castle Rock on the
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1 Cowlitz River, Washington, the flood protection levels speci2 fied in the October 1985 report entitled ‘‘Mount St. Helens,

3 Washington, Decision Document (Toutle, Cowlitz, and Co4 lumbia Rivers)’’, published as House Document No. 135,

5 99th Congress, signed by the Chief of Engineers, and en6 dorsed and submitted to Congress by the Acting Assistant

7 Secretary of the Army.

8 SEC. 322. PUGET SOUND AND ADJACENT WATERS RESTORA9 TION, WASHINGTON.

10 (a) DEFINITION OF CRITICAL RESTORATION

11 PROJECT.—In this section, the term ‘‘critical restoration

12 project’’ means a project that will produce, consistent with

13 Federal programs, projects, and activities, immediate and

14 substantial ecosystem restoration, preservation, and protec15 tion benefits.

16 (b) CRITICAL RESTORATION PROJECTS.—The Sec17 retary may participate in critical restoration projects in

18 the area of Puget Sound, Washington, and adjacent waters,

19 including—

20 (1) the watersheds that drain directly into Puget

21 Sound;

22 (2) Admiralty Inlet;

23 (3) Hood Canal;

24 (4) Rosario Strait; and
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1 (5) the eastern portion of the Strait of Juan de

2 Fuca.

3 (c) PROJECT SELECTION.—In consultation with the

4 Secretary of the Interior, the Secretary of Commerce, and

5 the heads of other appropriate Federal, tribal, State, and

6 local agencies, the Secretary may—

7 (1) identify critical restoration projects in the

8 area described in subsection (b); and

9 (2) carry out the critical restoration projects

10 after entering into an agreement with an appropriate

11 non-Federal interest in accordance with section 221 of

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

13 and this section.

14 (d) PRIORITIZATION OF PROJECTS.—In prioritizing

15 projects for implementation under this section, the Sec16 retary shall consult with, and give full consideration to the

17 priorities of, public and private entities that are active in

18 watershed planning and ecosystem restoration in Puget

19 Sound watersheds, including—

20 (1) the Salmon Recovery Funding Board;

21 (2) the Northwest Straits Commission;

22 (3) the Hood Canal Coordinating Council;

23 (4) county watershed planning councils; and

24 (5) salmon enhancement groups.

25 (e) COST SHARING.—
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1 (1) IN GENERAL.—Before carrying out any crit2 ical restoration project under this section, the Sec3 retary shall enter into a binding agreement with the

4 non-Federal interest that shall require the non-Fed5 eral interest—

6 (A) to pay 35 percent of the total costs of

7 the critical restoration project;

8 (B) to acquire any land, easements, rights9 of-way, relocations, and dredged material dis10 posal areas necessary to carry out the critical

11 restoration project;

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

13 maintenance, repair, replacement, and rehabili14 tation costs associated with the critical restora15 tion project; and

16 (D) to hold the United States harmless from

17 any claim or damage that may arise from car18 rying out the critical restoration project, except

19 any claim or damage that may arise from the

20 negligence of the Federal Government or a con21 tractor of the Federal Government.

22 (2) CREDIT.—

23 (A) IN GENERAL.—The non-Federal interest

24 shall receive credit for the value of any land,

25 easement, right-of-way, relocation, or dredged
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1 material disposal area provided for carrying out

2 the critical restoration project.

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

4 provide up to 50 percent of the non-Federal

5 share in the form of services, materials, supplies,

6 or other in-kind contributions.

7 (f) AUTHORIZATION OF APPROPRIATIONS.—There is

8 authorized to be appropriated to carry out this section

9 $20,000,000, of which not more than $5,000,000 may be

10 used to carry out any 1 critical restoration project.

11 SEC. 323. FOX RIVER SYSTEM, WISCONSIN.

12 Section 332(a) of the Water Resources Development

13 Act of 1992 (106 Stat. 4852) is amended—

14 (1) by striking ‘‘The Secretary’’ and inserting

15 the following:

16 ‘‘(1) IN GENERAL.—The Secretary’’; and

17 (2) by adding at the end the following:

18 ‘‘(2) PAYMENTS TO STATE.—The terms and con19 ditions may include 1 or more payments to the State

20 of Wisconsin to assist the State in paying the costs

21 of repair and rehabilitation of the transferred locks

22 and appurtenant features.’’.

23 SEC. 324. CHESAPEAKE BAY OYSTER RESTORATION.

24 Section 704(b) of the Water Resources Development Act

25 of 1986 (33 U.S.C. 2263(b)) is amended—
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1 (1) in the second sentence, by striking

2 ‘‘$7,000,000’’ and inserting ‘‘$20,000,000’’; and

3 (2) by striking paragraph (4) and inserting the

4 following:

5 ‘‘(4) the construction of reefs and related clean

6 shell substrate for fish habitat, including manmade 3-

7 dimensional oyster reefs, in the Chesapeake Bay and

8 its tributaries in Maryland and Virginia—

9 ‘‘(A) which reefs shall be preserved as per10 manent sanctuaries by the non-Federal interests,

11 consistent with the recommendations of the sci12 entific consensus document on Chesapeake Bay

13 oyster restoration dated June 1999; and

14 ‘‘(B) for assistance in the construction of

15 which reefs the Chief of Engineers shall solicit

16 participation by and the services of commercial

17 watermen.’’.

18 SEC. 325. GREAT LAKES DREDGING LEVELS ADJUSTMENT.

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

20 term ‘‘Great Lake’’ means Lake Superior, Lake Michigan,

21 Lake Huron (including Lake St. Clair), Lake Erie, and

22 Lake Ontario (including the St. Lawrence River to the 45th

23 parallel of latitude).

24 (b) DREDGING LEVELS.—In operating and maintain25 ing Federal channels and harbors of, and the connecting
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1 channels between, the Great Lakes, the Secretary shall con2 duct such dredging as is necessary to ensure minimal oper3 ation depths consistent with the original authorized depths

4 of the channels and harbors when water levels in the Great

5 Lakes are, or are forecast to be, below the International

6 Great Lakes Datum of 1985.

7 SEC. 326. GREAT LAKES FISHERY AND ECOSYSTEM RES8 TORATION.

9 (a) FINDINGS.—Congress finds that—

10 (1) the Great Lakes comprise a nationally and

11 internationally significant fishery and ecosystem;

12 (2) the Great Lakes fishery and ecosystem should

13 be developed and enhanced in a coordinated manner;

14 and

15 (3) the Great Lakes fishery and ecosystem pro16 vides a diversity of opportunities, experiences, and

17 beneficial uses.

18 (b) DEFINITIONS.—In this section:

19 (1) GREAT LAKE.—

20 (A) IN GENERAL.—The term ‘‘Great Lake’’

21 means Lake Superior, Lake Michigan, Lake

22 Huron (including Lake St. Clair), Lake Erie,

23 and Lake Ontario (including the St. Lawrence

24 River to the 45th parallel of latitude).
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1 (B) INCLUSIONS.—The term ‘‘Great Lake’’

2 includes any connecting channel, historically

3 connected tributary, and basin of a lake specified

4 in subparagraph (A).

5 (2) GREAT LAKES COMMISSION.—The term

6 ‘‘Great Lakes Commission’’ means The Great Lakes

7 Commission established by the Great Lakes Basin

8 Compact (82 Stat. 414).

9 (3) GREAT LAKES FISHERY COMMISSION.—The

10 term ‘‘Great Lakes Fishery Commission’’ has the

11 meaning given the term ‘‘Commission’’ in section 2 of

12 the Great Lakes Fishery Act of 1956 (16 U.S.C. 931).

13 (4) GREAT LAKES STATE.—The term ‘‘Great

14 Lakes State’’ means each of the States of Illinois, In15 diana, Michigan, Minnesota, Ohio, Pennsylvania,

16 New York, and Wisconsin.

17 (5) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of the Army.

19 (c) GREAT LAKES FISHERY AND ECOSYSTEM RES20 TORATION.—

21 (1) SUPPORT PLAN.—

22 (A) IN GENERAL.—Not later than 1 year

23 after the date of enactment of this Act, the Sec24 retary shall develop a plan for activities of the
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1 Corps of Engineers that support the management

2 of Great Lakes fisheries.

3 (B) USE OF EXISTING DOCUMENTS.—To the

4 maximum extent practicable, the plan shall

5 make use of and incorporate documents that re6 late to the Great Lakes and are in existence on

7 the date of enactment of this Act, such as

8 lakewide management plans and remedial action

9 plans.

10 (C) COOPERATION.—The Secretary shall de11 velop the plan in cooperation with—

12 (i) the signatories to the Joint Stra13 tegic Plan for Management of the Great

14 Lakes Fisheries; and

15 (ii) other affected interests.

16 (2) PROJECTS.—The Secretary shall plan, de17 sign, and construct projects to support the restoration

18 of the fishery, ecosystem, and beneficial uses of the

19 Great Lakes.

20 (3) EVALUATION PROGRAM.—

21 (A) IN GENERAL.—The Secretary shall de22 velop a program to evaluate the success of the

23 projects carried out under paragraph (2) in

24 meeting fishery and ecosystem restoration goals.
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1 (B) STUDIES.—Evaluations under subpara2 graph (A) shall be conducted in consultation

3 with the Great Lakes Fishery Commission and

4 appropriate Federal, State, and local agencies.

5 (d) COOPERATIVE AGREEMENTS.—In carrying out

6 this section, the Secretary may enter into a cooperative

7 agreement with the Great Lakes Commission or any other

8 agency established to facilitate active State participation

9 in management of the Great Lakes.

10 (e) RELATIONSHIP TO OTHER GREAT LAKES ACTIVI11 TIES.—No activity under this section shall affect the date

12 of completion of any other activity relating to the Great

13 Lakes that is authorized under other law.

14 (f) COST SHARING.—

15 (1) DEVELOPMENT OF PLAN.—The Federal share

16 of the cost of development of the plan under subsection

17 (c)(1) shall be 65 percent.

18 (2) PROJECT PLANNING, DESIGN, CONSTRUCTION,

19 AND EVALUATION.—The Federal share of the cost of

20 planning, design, construction, and evaluation of a

21 project under paragraph (2) or (3) of subsection (c)

22 shall be 65 percent.

23 (3) NON-FEDERAL SHARE.—

24 (A) CREDIT FOR LAND, EASEMENTS, AND

25 RIGHTS-OF-WAY.—The non-Federal interest shall
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1 receive credit for the value of any land, ease2 ment, right-of-way, relocation, or dredged mate3 rial disposal area provided for carrying out a

4 project under subsection (c)(2).

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

6 provide up to 50 percent of the non-Federal

7 share required under paragraphs (1) and (2) in

8 the form of services, materials, supplies, or other

9 in-kind contributions.

10 (4) OPERATION AND MAINTENANCE.—The oper11 ation, maintenance, repair, rehabilitation, and re12 placement of projects carried out under this section

13 shall be a non-Federal responsibility.

14 (5) NON-FEDERAL INTERESTS.—Notwithstanding

15 section 221 of the Flood Control Act of 1970 (42

16 U.S.C. 1962d–5b), for any project carried out under

17 this section, a non-Federal interest may include a

18 private interest and a nonprofit entity.

19 (g) AUTHORIZATION OF APPROPRIATIONS.—

20 (1) DEVELOPMENT OF PLAN.—There is author21 ized to be appropriated for development of the plan

22 under subsection (c)(1) $300,000.

23 (2) OTHER ACTIVITIES.—There is authorized to

24 be appropriated to carry out paragraphs (2) and (3)
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1 of subsection (c) $8,000,000 for each of fiscal years

2 2002 through 2006.

3 SEC. 327. GREAT LAKES REMEDIAL ACTION PLANS AND

4 SEDIMENT REMEDIATION.

5 Section 401 of the Water Resources Development Act

6 of 1990 (33 U.S.C. 1268 note; 104 Stat. 4644; 110 Stat.

7 3763; 113 Stat. 338) is amended—

8 (1) in subsection (a)(2)(A), by striking ‘‘50 per9 cent’’ and inserting ‘‘35 percent’’;

10 (2) in subsection (b)—

11 (A) by striking paragraph (3);

12 (B) in the first sentence of paragraph (4),

13 by striking ‘‘50 percent’’ and inserting ‘‘35 per14 cent’’; and

15 (C) by redesignating paragraph (4) as

16 paragraph (3); and

17 (3) in subsection (c), by striking ‘‘$5,000,000 for

18 each of fiscal years 1998 through 2000.’’ and insert19 ing ‘‘$10,000,000 for each of fiscal years 2001 through

20 2010.’’.

21 SEC. 328. GREAT LAKES TRIBUTARY MODEL.

22 Section 516 of the Water Resources Development Act

23 of 1996 (33 U.S.C. 2326b) is amended—

24 (1) in subsection (e), by adding at the end the

25 following:
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1 ‘‘(3) COST SHARING.—The non-Federal share of

2 the costs of developing a tributary sediment transport

3 model under this subsection shall be 50 percent.’’; and

4 (2) in subsection (g)—

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

6 inserting the following:

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

8 (B) by adding at the end the following:

9 ‘‘(2) GREAT LAKES TRIBUTARY MODEL.—In ad10 dition to amounts made available under paragraph

11 (1), there is authorized to be appropriated to carry

12 out subsection (e) $5,000,000 for each of fiscal years

13 2001 through 2008.’’.

14 SEC. 329. TREATMENT OF DREDGED MATERIAL FROM LONG

15 ISLAND SOUND.

16 (a) IN GENERAL.—Not later than December 31, 2002,

17 the Secretary shall carry out a demonstration project for

18 the use of innovative sediment treatment technologies for the

19 treatment of dredged material from Long Island Sound.

20 (b) PROJECT CONSIDERATIONS.—In carrying out sub21 section (a), the Secretary shall, to the maximum extent

22 practicable—

23 (1) encourage partnerships between the public

24 and private sectors;
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1 (2) build on treatment technologies that have

2 been used successfully in demonstration or full-scale

3 projects (such as projects carried out in the State of

4 New York, New Jersey, or Illinois), such as tech5 nologies described in—

6 (A) section 405 of the Water Resources De7 velopment Act of 1992 (33 U.S.C. 2239 note; 106

8 Stat. 4863); or

9 (B) section 503 of the Water Resources De10 velopment Act of 1999 (33 U.S.C. 2314 note; 113

11 Stat. 337);

12 (3) ensure that dredged material from Long Is13 land Sound that is treated under the demonstration

14 project is disposed of by beneficial reuse, by open

15 water disposal, or at a licensed waste facility, as ap16 propriate; and

17 (4) ensure that the demonstration project is con18 sistent with the findings and requirements of any

19 draft environmental impact statement on the designa20 tion of 1 or more dredged material disposal sites in

21 Long Island Sound that is scheduled for completion

22 in 2001.

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is

24 authorized to be appropriated to carry out this section

25 $20,000,000.
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1 SEC. 330. NEW ENGLAND WATER RESOURCES AND ECO2 SYSTEM RESTORATION.

3 (a) DEFINITIONS.—In this section:

4 (1) CRITICAL RESTORATION PROJECT.—The term

5 ‘‘critical restoration project’’ means a project that

6 will produce, consistent with Federal programs,

7 projects, and activities, immediate and substantial

8 ecosystem restoration, preservation, and protection

9 benefits.

10 (2) NEW ENGLAND.—The term ‘‘New England’’

11 means all watersheds, estuaries, and related coastal

12 areas in the States of Connecticut, Maine, Massachu13 setts, New Hampshire, Rhode Island, and Vermont.

14 (b) ASSESSMENT.—

15 (1) IN GENERAL.—The Secretary, in coordina16 tion with appropriate Federal, State, tribal, regional,

17 and local agencies, shall perform an assessment of the

18 condition of water resources and related ecosystems in

19 New England to identify problems and needs for re20 storing, preserving, and protecting water resources,

21 ecosystems, wildlife, and fisheries.

22 (2) MATTERS TO BE ADDRESSED.—The assess23 ment shall include—

24 (A) development of criteria for identifying

25 and prioritizing the most critical problems and

26 needs; and
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1 (B) a framework for development of water2 shed or regional restoration plans.

3 (3) USE OF EXISTING INFORMATION.—In per4 forming the assessment, the Secretary shall, to the

5 maximum extent practicable, use—

6 (A) information that is available on the

7 date of enactment of this Act; and

8 (B) ongoing efforts of all participating

9 agencies.

10 (4) CRITERIA; FRAMEWORK.—

11 (A) IN GENERAL.—Not later than 1 year

12 after the date of enactment of this Act, the Sec13 retary shall develop and make available for pub14 lic review and comment—

15 (i) criteria for identifying and

16 prioritizing critical problems and needs;

17 and

18 (ii) a framework for development of

19 watershed or regional restoration plans.

20 (B) USE OF RESOURCES.—In developing

21 the criteria and framework, the Secretary shall

22 make full use of all available Federal, State,

23 tribal, regional, and local resources.
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1 (5) REPORT.—Not later than October l, 2002, the

2 Secretary shall submit to Congress a report on the as3 sessment.

4 (c) RESTORATION PLANS.—

5 (1) IN GENERAL.—After the report is submitted

6 under subsection (b)(5), the Secretary, in coordina7 tion with appropriate Federal, State, tribal, regional,

8 and local agencies, shall—

9 (A) develop a comprehensive plan for restor10 ing, preserving, and protecting the water re11 sources and ecosystem in each watershed and re12 gion in New England; and

13 (B) submit the plan to Congress.

14 (2) CONTENTS.—Each restoration plan shall

15 include—

16 (A) a feasibility report; and

17 (B) a programmatic environmental impact

18 statement covering the proposed Federal action.

19 (d) CRITICAL RESTORATION PROJECTS.—

20 (1) IN GENERAL.—After the restoration plans are

21 submitted under subsection (c)(1)(B), the Secretary,

22 in coordination with appropriate Federal, State, trib23 al, regional, and local agencies, shall identify critical

24 restoration projects that will produce independent,
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1 immediate, and substantial restoration, preservation,

2 and protection benefits.

3 (2) AGREEMENTS.—The Secretary may carry

4 out a critical restoration project after entering into

5 an agreement with an appropriate non-Federal inter6 est in accordance with section 221 of the Flood Con7 trol Act of 1970 (42 U.S.C. 1962d–5b) and this sec8 tion.

9 (3) PROJECT JUSTIFICATION.—Notwithstanding

10 section 209 of the Flood Control Act of 1970 (42

11 U.S.C. 1962–2) or any other provision of law, in car12 rying out a critical restoration project under this sub13 section, the Secretary may determine that the

14 project—

15 (A) is justified by the environmental bene16 fits derived from the ecosystem; and

17 (B) shall not need further economic jus18 tification if the Secretary determines that the

19 project is cost effective.

20 (4) TIME LIMITATION.—No critical restoration

21 project may be initiated under this subsection after

22 September 30, 2005.

23 (5) COST LIMITATION.—Not more than

24 $5,000,000 in Federal funds may be used to carry out

25 a critical restoration project under this subsection.
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1 (e) COST SHARING.—

2 (1) ASSESSMENT.—

3 (A) IN GENERAL.—The non-Federal share of

4 the cost of the assessment under subsection (b)

5 shall be 25 percent.

6 (B) IN-KIND CONTRIBUTIONS.—The non7 Federal share may be provided in the form of

8 services, materials, or other in-kind contribu9 tions.

10 (2) RESTORATION PLANS.—

11 (A) IN GENERAL.—The non-Federal share of

12 the cost of developing the restoration plans under

13 subsection (c) shall be determined in accordance

14 with section 105 of the Water Resources Develop15 ment Act of 1986 (33 U.S.C. 2215).

16 (B) IN-KIND CONTRIBUTIONS.—Up to 50

17 percent of the non-Federal share may be pro18 vided in the form of services, materials, or other

19 in-kind contributions.

20 (3) CRITICAL RESTORATION PROJECTS.—

21 (A) IN GENERAL.—The non-Federal share of

22 the cost of carrying out a critical restoration

23 project under subsection (d) shall be 35 percent.

24 (B) IN-KIND CONTRIBUTIONS.—Up to 50

25 percent of the non-Federal share may be pro-
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1 vided in the form of services, materials, or other

2 in-kind contributions.

3 (C) REQUIRED NON-FEDERAL CONTRIBU4 TION.—For any critical restoration project, the

5 non-Federal interest shall—

6 (i) provide all land, easements, rights7 of-way, dredged material disposal areas,

8 and relocations;

9 (ii) pay all operation, maintenance,

10 replacement, repair, and rehabilitation

11 costs; and

12 (iii) hold the United States harmless

13 from all claims arising from the construc14 tion, operation, and maintenance of the

15 project.

16 (D) CREDIT.—The non-Federal interest

17 shall receive credit for the value of the land, ease18 ments, rights-of-way, dredged material disposal

19 areas, and relocations provided under subpara20 graph (C).

21 (f) AUTHORIZATION OF APPROPRIATIONS.—

22 (1) ASSESSMENT AND RESTORATION PLANS.—

23 There is authorized to be appropriated to carry out

24 subsections (b) and (c) $2,000,000 for each of fiscal

25 years 2001 through 2005.
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1 (2) CRITICAL RESTORATION PROJECTS.—There is

2 authorized to be appropriated to carry out subsection

3 (d) $30,000,000.

4 SEC. 331. 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 of

14 which begin at a point with coordinates

15 N1904693.6500, E418084.2700, thence running south

16 01 degree 04 minutes 50.3 seconds 35 feet to a point

17 with coordinates N190434.6562, E418084.9301,

18 thence running south 15 degrees 53 minutes 45.5 sec19 onds 416.962 feet to a point with coordinates

20 N190033.6386, E418199.1325, thence running north

21 03 degrees 11 minutes 30.4 seconds 70 feet to a point

22 with coordinates N190103.5300, E418203.0300,

23 thence running north 17 degrees 58 minutes 18.3 sec24 onds west 384.900 feet to the point of origin.
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1 (2) WALLABOUT CHANNEL, BROOKLYN, NEW

2 YORK.—

3 (A) IN GENERAL.—The northeastern portion

4 of the project for navigation, Wallabout Channel,

5 Brooklyn, New York, authorized by the Act of

6 March 3, 1899 (30 Stat. 1124, chapter 425), be7 ginning at a point N682,307.40, E638,918.10,

8 thence running along the courses and distances

9 described in subparagraph (B).

10 (B) COURSES AND DISTANCES.—The courses

11 and distances referred to in subparagraph (A)

12 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 101

13 of the River and Harbor Act of 1950 (64 Stat. 164),

14 consisting of a 35-foot-deep channel beginning at a

15 point along the western limit of the authorized

16 project, N644100.411, E2129256.91, thence running

17 southeast about 38.25 feet to a point N644068.885,

18 E2129278.565, thence running south about 1163.86

19 feet to a point N642912.127, E2129150.209, thence

20 running southwest about 56.9 feet to a point

21 N642864.09, E2129119.725, thence running north

22 along the western limit of the project to the point of

23 origin.
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1 TITLE IV—STUDIES

2 SEC. 401. BALDWIN COUNTY, ALABAMA.

3 The Secretary shall conduct a study to determine the

4 feasibility of carrying out beach erosion control, storm dam5 age reduction, and other measures along the shores of Bald6 win County, Alabama.

7 SEC. 402. BONO, ARKANSAS.

8 The Secretary shall conduct a study to determine the

9 feasibility of, and need for, a reservoir and associated im10 provements to provide for flood control, recreation, water

11 quality, and fish and wildlife in the vicinity of Bono, Ar12 kansas.

13 SEC. 403. CACHE CREEK BASIN, CALIFORNIA.

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

15 study to determine the feasibility of modifying the project

16 for flood control, Cache Creek Basin, California, authorized

17 by section 401(a) of the Water Resources Development Act

18 of 1986 (100 Stat. 4112), to authorize construction of fea19 tures to mitigate impacts of the project on the storm drain20 age system of the city of Woodland, California, that have

21 been caused by construction of a new south levee of the

22 Cache Creek Settling Basin.

23 (b) REQUIRED ELEMENTS.—The study shall include

24 consideration of—
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1 (1) an outlet works through the Yolo Bypass ca2 pable of receiving up to 1,600 cubic feet per second

3 of storm drainage from the city of Woodland and Yolo

4 County;

5 (2) a low-flow cross-channel across the Yolo By6 pass, including all appurtenant features, that is suffi7 cient to route storm flows of 1,600 cubic feet per sec8 ond between the old and new south levees of the Cache

9 Creek Settling Basin, across the Yolo Bypass, and

10 into the Tule Canal; and

11 (3) such other features as the Secretary deter12 mines to be appropriate.

13 SEC. 404. ESTUDILLO CANAL WATERSHED, CALIFORNIA.

14 The Secretary shall conduct a study to determine the

15 feasibility of constructing flood control measures in the

16 Estudillo Canal watershed, San Leandro, Calfornia.

17 SEC. 405. LAGUNA CREEK WATERSHED, CALIFORNIA.

18 The Secretary shall conduct a study to determine the

19 feasibility of constructing flood control measures in the La20 guna Creek watershed, Fremont, California, to provide a

21 100-year level of flood protection.

22 SEC. 406. OCEANSIDE, CALIFORNIA.

23 Not later than 32 months after the date of enactment

24 of this Act, the Secretary shall conduct a special study, at

25 full Federal expense, of plans—
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1 (1) to mitigate for the erosion and other impacts

2 resulting from the construction of Camp Pendleton

3 Harbor, Oceanside, California, as a wartime measure;

4 and

5 (2) to restore beach conditions along the affected

6 public and private shores to the conditions that ex7 isted before the construction of Camp Pendleton Har8 bor.

9 SEC. 407. SAN JACINTO WATERSHED, CALIFORNIA.

10 (a) IN GENERAL.—The Secretary shall conduct a wa11 tershed study for the San Jacinto watershed, California.

12 (b) AUTHORIZATION OF APPROPRIATIONS.—There is

13 authorized to be appropriated to carry out this section

14 $250,000.

15 SEC. 408. CHOCTAWHATCHEE RIVER, FLORIDA.

16 The Secretary shall conduct a reconnaissance study to

17 determine the Federal interest in dredging the mouth of the

18 Choctawhatchee River, Florida, to remove the sand plug.

19 SEC. 409. EGMONT KEY, FLORIDA.

20 The Secretary shall conduct a study to determine the

21 feasibility of stabilizing the historic fortifications and beach

22 areas of Egmont Key, Florida, that are threatened by ero23 sion.
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•S 2796 RS

1 SEC. 410. UPPER OCKLAWAHA RIVER AND APOPKA/

2 PALATLAKAHA RIVER BASINS, FLORIDA.

3 (a) IN GENERAL.—The Secretary shall conduct a re4 study of flooding and water quality issues in—

5 (1) the upper Ocklawaha River basin, south of

6 the Silver River; and

7 (2) the Apopka River and Palatlakaha River ba8 sins.

9 (b) REQUIRED ELEMENTS.—In carrying out sub10 section (a), the Secretary shall review the report of the Chief

11 of Engineers on the Four River Basins, Florida, project,

12 published as House Document No. 585, 87th Congress, and

13 other pertinent reports to determine the feasibility of meas14 ures relating to comprehensive watershed planning for

15 water conservation, flood control, environmental restoration

16 and protection, and other issues relating to water resources

17 in the river basins described in subsection (a).

18 SEC. 411. BOISE RIVER, IDAHO.

19 The Secretary shall conduct a study to determine the

20 feasibility of carrying out multi-objective flood control ac21 tivities along the Boise River, Idaho.

22 SEC. 412. WOOD RIVER, IDAHO.

23 The Secretary shall conduct a study to determine the

24 feasibility of carrying out multi-objective flood control and

25 flood mitigation planning projects along the Wood River

26 in Blaine County, Idaho.
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•S 2796 RS

1 SEC. 413. CHICAGO, ILLINOIS.

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

3 study to determine the feasibility of carrying out projects

4 for water-related urban improvements, including infra5 structure development and improvements, in Chicago, Illi6 nois.

7 (b) SITES.—Under subsection (a), the Secretary shall

8 study—

9 (1) the USX/Southworks site;

10 (2) Calumet Lake and River;

11 (3) the Canal Origins Heritage Corridor; and

12 (4) Ping Tom Park.

13 (c) USE OF INFORMATION; CONSULTATION.—In car14 rying out this section, the Secretary shall use available in15 formation from, and consult with, appropriate Federal,

16 State, and local agencies.

17 SEC. 414. BOEUF AND BLACK, LOUISIANA.

18 The Secretary shall conduct a study to determine the

19 feasibility of deepening the navigation channel of the

20 Atchafalaya River and Bayous Chene, Boeuf and Black,

21 Louisiana, from 20 feet to 35 feet.

22 SEC. 415. PORT OF IBERIA, LOUISIANA.

23 The Secretary shall conduct a study to determine the

24 feasibility of constructing navigation improvements for in25 gress and egress between the Port of Iberia, Louisiana, and
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1 the Gulf of Mexico, including channel widening and deep2 ening.

3 SEC. 416. SOUTH LOUISIANA.

4 The Secretary shall conduct a study to determine the

5 feasibility of constructing projects for hurricane protection

6 in the coastal area of the State of Louisiana between Mor7 gan City and the Pearl River.

8 SEC. 417. ST. JOHN THE BAPTIST PARISH, LOUISIANA.

9 The Secretary shall conduct a study to determine the

10 feasibility of constructing urban flood control measures on

11 the east bank of the Mississippi River in St. John the Bap12 tist Parish, Louisiana.

13 SEC. 418. NARRAGUAGUS RIVER, MILBRIDGE, MAINE.

14 (a) STUDY OF REDESIGNATION AS ANCHORAGE.—The

15 Secretary shall conduct a study to determine the feasibility

16 of redesignating as anchorage a portion of the 11-foot chan17 nel of the project for navigation, Narraguagus River,

18 Milbridge, Maine, authorized by section 101 of the River

19 and Harbor Act of 1962 (76 Stat. 1173).

20 (b) STUDY OF REAUTHORIZATION.—The Secretary

21 shall conduct a study to determine the feasibility of reau22 thorizing for the purpose of maintenance as anchorage a

23 portion of the project for navigation, Narraguagus River,

24 Milbridge, Maine, authorized by section 2 of the Act of June

25 14, 1880 (21 Stat. 195, chapter 211), lying adjacent to and
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•S 2796 RS

1 outside the limits of the 11-foot channel and the 9-foot chan2 nel.

3 SEC. 419. PORTSMOUTH HARBOR AND PISCATAQUA RIVER,

4 MAINE AND NEW HAMPSHIRE.

5 The Secretary shall conduct a study to determine the

6 feasibility of modifying the project for navigation, Ports7 mouth Harbor and Piscataqua River, Maine and New

8 Hampshire, authorized by section 101 of the River and

9 Harbor Act of 1962 (76 Stat. 1173) and modified by section

10 202(a) of the Water Resources Development Act of 1986

11 (100 Stat. 4095), to increase the authorized width of turn12 ing basins in the Piscataqua River to 1000 feet.

13 SEC. 420. MERRIMACK RIVER BASIN, MASSACHUSETTS AND

14 NEW HAMPSHIRE.

15 (a) IN GENERAL.—The Secretary shall conduct a com16 prehensive study of the water resources needs of the

17 Merrimack River basin, Massachusetts and New Hamp18 shire, in the manner described in section 729 of the Water

19 Resources Development Act of 1986 (100 Stat. 4164).

20 (b) CONSIDERATION OF OTHER STUDIES.—In car21 rying out this section, the Secretary may take into consider22 ation any studies conducted by the University of New

23 Hampshire on environmental restoration of the Merrimack

24 River System.
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1 SEC. 421. PORT OF GULFPORT, MISSISSIPPI.

2 The Secretary shall conduct a study to determine the

3 feasibility of modifying the project for navigation, Gulfport

4 Harbor, Mississippi, authorized by section 202(a) of the

5 Water Resources Development Act of 1986 (100 Stat. 4094)

6 and modified by section 4(n) of the Water Resources Devel7 opment Act of 1988 (102 Stat. 4017)—

8 (1) to widen the channel from 300 feet to 450

9 feet; and

10 (2) to deepen the South Harbor channel from 36

11 feet to 42 feet and the North Harbor channel from 32

12 feet to 36 feet.

13 SEC. 422. UPLAND DISPOSAL SITES IN NEW HAMPSHIRE.

14 In conjunction with the State of New Hampshire, the

15 Secretary shall conduct a study to identify and evaluate

16 potential upland disposal sites for dredged material origi17 nating from harbor areas located within the State.

18 SEC. 423. MISSOURI RIVER BASIN, NORTH DAKOTA, SOUTH

19 DAKOTA, AND NEBRASKA.

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

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

22 in section 4 of the Indian Self-Determination and Edu23 cation Assistance Act (25 U.S.C. 450b).

24 (b) STUDY.—In cooperation with the Secretary of the

25 Interior, the State of South Dakota, the State of North Da26 kota, the State of Nebraska, county officials, ranchers,
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•S 2796 RS

1 sportsmen, other affected parties, and the Indian tribes re2 ferred to in subsection (c)(2), the Secretary shall conduct

3 a study to determine the feasibility of the conveyance to

4 the Secretary of the Interior of the land described in sub5 section (c), to be held in trust for the benefit of the Indian

6 tribes referred to in subsection (c)(2).

7 (c) LAND TO BE STUDIED.—The land authorized to

8 be studied for conveyance is the land that—

9 (1) was acquired by the Secretary to carry out

10 the Pick-Sloan Missouri River Basin Program, au11 thorized by section 9 of the Act of December 22, 1944

12 (58 Stat. 891, chapter 665); and

13 (2) is located within the external boundaries of

14 the reservations of—

15 (A) the Three Affiliated Tribes of the Fort

16 Berthold Reservation, North Dakota;

17 (B) the Standing Rock Sioux Tribe of North

18 Dakota and South Dakota;

19 (C) the Crow Creek Sioux Tribe of the Crow

20 Creek Reservation, South Dakota;

21 (D) the Yankton Sioux Tribe of South Da22 kota; and

23 (E) the Santee Sioux Tribe of Nebraska.
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•S 2796 RS

1 SEC. 424. CUYAHOGA RIVER, OHIO.

2 Section 438 of the Water Resources Development Act

3 of 1996 (110 Stat. 3746) is amended to read as follows:

4 ‘‘SEC. 438. CUYAHOGA RIVER, OHIO.

5 ‘‘(a) IN GENERAL.—The Secretary shall—

6 ‘‘(1) conduct a study to evaluate the structural

7 integrity of the bulkhead system located on the Fed8 eral navigation channel along the Cuyahoga River

9 near Cleveland, Ohio; and

10 ‘‘(2) provide to the non-Federal interest design

11 analysis, plans and specifications, and cost estimates

12 for repair or replacement of the bulkhead system.

13 ‘‘(b) COST SHARING.—The non-Federal share of the

14 cost of the study shall be 35 percent.

15 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is

16 authorized to be appropriated to carry out this section

17 $500,000.’’.

18 SEC. 425. FREMONT, OHIO.

19 In consultation with appropriate Federal, State, and

20 local agencies, the Secretary shall conduct a study to deter21 mine the feasibility of carrying out projects for water sup22 ply and environmental restoration at the Ballville Dam,

23 on the Sandusky River at Fremont, Ohio.

24 SEC. 426. GRAND LAKE, OKLAHOMA.

25 (a) EVALUATION.—The Secretary shall—
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1 (1) evaluate the backwater effects specifically due

2 to flood control operations on land around Grand

3 Lake, Oklahoma; and

4 (2) not later than 180 days after the date of en5 actment of this Act, submit to Congress a report on

6 whether Federal actions have been a significant cause

7 of the backwater effects.

8 (b) FEASIBILITY STUDY.—

9 (1) IN GENERAL.—The Secretary shall conduct a

10 study to determine the feasibility of—

11 (A) addressing the backwater effects of the

12 operation of the Pensacola Dam, Grand/Neosho

13 River basin; and

14 (B) purchasing easements for any land that

15 has been adversely affected by backwater flooding

16 in the Grand/Neosho River basin.

17 (2) COST SHARING.—If the Secretary determines

18 under subsection (a)(2) that Federal actions have been

19 a significant cause of the backwater effects, the Fed20 eral share of the costs of the feasibility study under

21 paragraph (1) shall be 100 percent.

22 SEC. 427. DREDGED MATERIAL DISPOSAL SITE, RHODE IS23 LAND.

24 In consultation with the Administrator of the Envi25 ronmental Protection Agency, the Secretary shall conduct
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•S 2796 RS

1 a study to determine the feasibility of designating a perma2 nent site in the State of Rhode Island for the disposal of

3 dredged material.

4 SEC. 428. CHICKAMAUGA LOCK AND DAM, TENNESSEE.

5 (a) IN GENERAL.—The Secretary shall use $200,000,

6 from funds transferred from the Tennessee Valley Authority,

7 to prepare a report of the Chief of Engineers for a replace8 ment lock at Chickamauga Lock and Dam, Tennessee.

9 (b) FUNDING.—As soon as practicable after the date

10 of enactment of this Act, the Tennessee Valley Authority

11 shall transfer the funds described in subsection (a) to the

12 Secretary.

13 SEC. 429. GERMANTOWN, TENNESSEE.

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

15 study to determine the feasibility of carrying out a project

16 for flood control and related purposes along Miller Farms

17 Ditch, Howard Road Drainage, and Wolf River Lateral D,

18 Germantown, Tennessee.

19 (b) JUSTIFICATION ANALYSIS.—The Secretary shall

20 include environmental and water quality benefits in the jus21 tification analysis for the project.

22 (c) COST SHARING.—

23 (1) FEDERAL SHARE.—The Federal share of the

24 costs of the feasibility study under subsection (a) shall

25 not exceed 25 percent.
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•S 2796 RS

1 (2) NON-FEDERAL SHARE.—The Secretary—

2 (A) shall credit toward the non-Federal

3 share of the costs of the feasibility study the

4 value of the in-kind services provided by the non5 Federal interests relating to the planning, engi6 neering, and design of the project, whether car7 ried out before or after execution of the feasibility

8 study cost-sharing agreement; and

9 (B) for the purposes of subparagraph (A),

10 shall consider the feasibility study to be con11 ducted as part of the Memphis Metro Tennessee

12 and Mississippi study authorized by resolution

13 of the Committee on Transportation and Infra14 structure, dated March 7, 1996.

15 SEC. 430. HORN LAKE CREEK AND TRIBUTARIES, TEN16 NESSEE AND MISSISSIPPI.

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

18 study to determine the feasibility of modifying the project

19 for flood control, Horn Lake Creek and Tributaries, Ten20 nessee and Mississippi, authorized by section 401(a) of the

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

22 to provide a high level of urban flood protection to develop23 ment along Horn Lake Creek.
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1 (b) REQUIRED ELEMENT.—The study shall include a

2 limited reevaluation of the project to determine the appro3 priate design, as desired by the non-Federal interests.

4 SEC. 431. CEDAR BAYOU, TEXAS.

5 The Secretary shall conduct a study to determine the

6 feasibility of constructing a 12-foot-deep and 125-foot-wide

7 channel from the Houston Ship Channel to Cedar Bayou,

8 mile marker 11, Texas.

9 SEC. 432. HOUSTON SHIP CHANNEL, TEXAS.

10 The Secretary shall conduct a study to determine the

11 feasibility of constructing barge lanes adjacent to both sides

12 of the Houston Ship Channel from Bolivar Roads to Mor13 gan Point, Texas, to a depth of 12 feet.

14 SEC. 433. SAN ANTONIO CHANNEL, TEXAS.

15 The Secretary shall conduct a study to determine the

16 feasibility of modifying the project for San Antonio Chan17 nel improvement, Texas, authorized by section 203 of the

18 Flood Control Act of 1954 (68 Stat. 1259), and modified

19 by section 103 of the Water Resources Development Act of

20 1976 (90 Stat. 2921), to add environmental restoration and

21 recreation as project purposes.

22 SEC. 434. WHITE RIVER WATERSHED BELOW MUD MOUN23 TAIN DAM, WASHINGTON.

24 (a) REVIEW.—The Secretary shall review the report of

25 the Chief of Engineers on the Upper Puyallup River, Wash-
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•S 2796 RS

1 ington, dated 1936, authorized by section 5 of the Act of

2 June 22, 1936 (49 Stat. 1591, chapter 688), the Puget

3 Sound and adjacent waters report authorized by section 209

4 of the Flood Control Act of 1962 (76 Stat. 1197), and other

5 pertinent reports, to determine whether modifications to the

6 recommendations contained in the reports are advisable to

7 provide improvements to the water resources and watershed

8 of the White River watershed downstream of Mud Mountain

9 Dam, Washington.

10 (b) ISSUES.—In conducting the review under sub11 section (a), the Secretary shall review, with respect to the

12 Lake Tapps community and other parts of the watershed—

13 (1) constructed and natural environs;

14 (2) capital improvements;

15 (3) water resource infrastructure;

16 (4) ecosystem restoration;

17 (5) flood control;

18 (6) fish passage;

19 (7) collaboration by, and the interests of, re20 gional stakeholders;

21 (8) recreational and socioeconomic interests; and

22 (9) other issues determined by the Secretary.

23 SEC. 435. WILLAPA BAY, WASHINGTON.

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

25 determine the feasibility of providing coastal erosion protec-
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1 tion for the Tribal Reservation of the Shoalwater Bay In2 dian Tribe on Willapa Bay, Washington.

3 (b) PROJECT.—

4 (1) IN GENERAL.—Notwithstanding any other

5 provision of law (including any requirement for eco6 nomic justification), the Secretary may construct and

7 maintain a project to provide coastal erosion protec8 tion for the Tribal Reservation of the Shoalwater Bay

9 Indian Tribe on Willapa Bay, Washington, at full

10 Federal expense, if the Secretary determines that the

11 project—

12 (A) is a cost-effective means of providing

13 erosion protection;

14 (B) is environmentally acceptable and tech15 nically feasible; and

16 (C) will improve the economic and social

17 conditions of the Shoalwater Bay Indian Tribe.

18 (2) LAND, EASEMENTS, AND RIGHTS-OF-WAY.—

19 As a condition of the project described in paragraph

20 (1), the Shoalwater Bay Indian Tribe shall provide

21 land, easements, rights-of-way, and dredged material

22 disposal areas necessary for the implementation of the

23 project.
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•S 2796 RS

1 SEC. 436. UPPER MISSISSIPPI RIVER BASIN SEDIMENT AND

2 NUTRIENT STUDY.

3 (a) IN GENERAL.—The Secretary, in conjunction with

4 the Secretary of Agriculture and the Secretary of the Inte5 rior, shall conduct a study to—

6 (1) identify and evaluate significant sources of

7 sediment and nutrients in the upper Mississippi

8 River basin;

9 (2) quantify the processes affecting mobilization,

10 transport, and fate of those sediments and nutrients

11 on land and in water; and

12 (3) quantify the transport of those sediments and

13 nutrients to the upper Mississippi River and the trib14 utaries of the upper Mississippi River.

15 (b) STUDY COMPONENTS.—

16 (1) COMPUTER MODELING.—In carrying out the

17 study under this section, the Secretary shall develop

18 computer models of the upper Mississippi River

19 basin, at the subwatershed and basin scales, to—

20 (A) identify and quantify sources of sedi21 ment and nutrients; and

22 (B) examine the effectiveness of alternative

23 management measures.

24 (2) RESEARCH.—In carrying out the study

25 under this section, the Secretary shall conduct re26 search to improve the understanding of—
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1 (A) fate processes and processes affecting

2 sediment and nutrient transport, with emphasis

3 on nitrogen and phosphorus cycling and dynam4 ics;

5 (B) the influences on sediment and nutrient

6 losses of soil type, slope, climate, vegetation

7 cover, and modifications to the stream drainage

8 network; and

9 (C) river hydrodynamics, in relation to

10 sediment and nutrient transformations, reten11 tion, and transport.

12 (c) USE OF INFORMATION.—On request of a relevant

13 Federal agency, the Secretary may provide information for

14 use in applying sediment and nutrient reduction programs

15 associated with land-use improvements and land manage16 ment practices.

17 (d) REPORTS.—

18 (1) PRELIMINARY REPORT.—Not later than 2

19 years after the date of enactment of this Act, the Sec20 retary shall submit to Congress a preliminary report

21 that outlines work being conducted on the study com22 ponents described in subsection (b).

23 (2) FINAL REPORT.—Not later than 5 years after

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

25 submit to Congress a report describing the results of
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1 the study under this section, including any findings

2 and recommendations of the study.

3 (e) FUNDING.—

4 (1) AUTHORIZATION OF APPROPRIATIONS.—

5 There is authorized to be appropriated to carry out

6 this section $5,000,000 for each of fiscal years 2001

7 through 2005.

8 (2) FEDERAL SHARE.—The Federal share of the

9 cost of carrying out this section shall be 50 percent.

10 TITLE V—MISCELLANEOUS

11 PROVISIONS

12 SEC. 501. VISITORS CENTERS.

13 (a) JOHN PAUL HAMMERSCHMIDT VISITORS CENTER,

14 ARKANSAS.—Section 103(e) of the Water Resources Devel15 opment Act of 1992 (106 Stat. 4813) is amended by striking

16 ‘‘Arkansas River, Arkansas.’’ and inserting ‘‘at Fort Smith,

17 Arkansas, on land provided by the city of Fort Smith.’’.

18 (b) LOWER MISSISSIPPI RIVER MUSEUM AND RIVER19 FRONT INTERPRETIVE SITE, MISSISSIPPI.—Section

20 103(c)(2) of the Water Resources Development Act of 1992

21 (106 Stat. 4811) is amended in the first sentence by striking

22 ‘‘in the vicinity of the Mississippi River Bridge in Vicks23 burg, Mississippi.’’ and inserting ‘‘between the Mississippi

24 River Bridge and the waterfront in downtown Vicksburg,

25 Mississippi.’’.
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1 SEC. 502. CALFED BAY-DELTA PROGRAM ASSISTANCE, CALI2 FORNIA.

3 (a) IN GENERAL.—The Secretary—

4 (1) may participate with the appropriate Fed5 eral and State agencies in the planning and manage6 ment activities associated with the CALFED Bay7 Delta Program referred to in the California Bay8 Delta Environmental Enhancement and Water Secu9 rity Act (division E of Public Law 104–208; 110

10 Stat. 3009–748); and

11 (2) shall, to the maximum extent practicable and

12 in accordance with applicable law, integrate the ac13 tivities of the Corps of Engineers in the San Joaquin

14 and Sacramento River basins with the long-term

15 goals of the CALFED Bay-Delta Program.

16 (b) COOPERATIVE ACTIVITIES.—In participating in

17 the CALFED Bay-Delta Program under subsection (a), the

18 Secretary may—

19 (1) accept and expend funds from other Federal

20 agencies and from non-Federal public, private, and

21 nonprofit entities to carry out ecosystem restoration

22 projects and activities associated with the CALFED

23 Bay-Delta Program; and

24 (2) in carrying out the projects and activities,

25 enter into contracts, cooperative research and develop26 ment agreements, and cooperative agreements with
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1 Federal and non-Federal private, public, and non2 profit entities.

3 (c) AREA COVERED BY PROGRAM.—For the purposes

4 of this section, the area covered by the CALFED Bay-Delta

5 Program shall be the San Francisco Bay/Sacramento-San

6 Joaquin Delta Estuary and its watershed (known as the

7 ‘‘Bay-Delta Estuary’’), as identified in the Framework

8 Agreement Between the Governor’s Water Policy Council of

9 the State of California and the Federal Ecosystem Direc10 torate.

11 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

12 authorized to be appropriated to carry out this section

13 $5,000,000 for each of fiscal years 2002 through 2005.

14 SEC. 503. 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 under

2 this section; and

3 (B) the exact acreage and legal description

4 of the land to be conveyed under this section; and

5 (2) prepare a map that clearly identifies any

6 land to be conveyed.

7 (c) CONDITIONS.—The Secretary may—

8 (1) obtain all necessary easements and rights-of9 way; and

10 (2) impose such terms, conditions, reservations,

11 and restrictions on the conveyance;

12 as the Secretary determines to be necessary to protect the

13 public interest.

14 (d) ENVIRONMENTAL RESPONSE.—To the extent re15 quired under any applicable law, the Secretary shall be re16 sponsible for any necessary environmental response re17 quired as a result of the prior Federal use or ownership

18 of the land and improvements conveyed under this section.

19 (e) RESPONSIBILITIES AFTER CONVEYANCE.—After

20 the conveyance of land under this section, the Ontonagon

21 County Historical Society shall be responsible for any addi22 tional operation, maintenance, repair, rehabilitation, or re23 placement costs associated with—

24 (1) the lighthouse; or

25 (2) the conveyed land and improvements.
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1 (f) APPLICABILITY OF ENVIRONMENTAL LAW.—Noth2 ing in this section affects the potential liability of any per3 son under any applicable environmental law.

4 SEC. 504. LAND CONVEYANCE, CANDY LAKE, OKLAHOMA.

5 Section 563(c) of the Water Resources Development Act

6 of 1999 (113 Stat. 357) is amended—

7 (1) in paragraph (1)(B), by striking ‘‘a de8 ceased’’ and inserting ‘‘an’’; and

9 (2) by adding at the end the following:

10 ‘‘(4) COSTS OF NEPA COMPLIANCE.—The Federal

11 Government shall assume the costs of any Federal ac12 tion under this subsection that is carried out for the

13 purpose of section 102 of the National Environmental

14 Policy Act of 1969 (42 U.S.C. 4332).

15 ‘‘(5) AUTHORIZATION OF APPROPRIATIONS.—

16 There are authorized to be appropriated such sums as

17 are necessary to carry out this subsection.’’.

18 TITLE VI—COMPREHENSIVE EV19 ERGLADES RESTORATION

20 PLAN

21 SEC. 601. COMPREHENSIVE EVERGLADES RESTORATION

22 PLAN.

23 (a) DEFINITIONS.—In this section:

24 (1) CENTRAL AND SOUTHERN FLORIDA

25 PROJECT.—
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1 (A) IN GENERAL.—The term ‘‘Central and

2 Southern Florida Project’’ means the project for

3 Central and Southern Florida authorized under

4 the heading ‘‘CENTRAL AND SOUTHERN FLORIDA’’

5 in section 203 of the Flood Control Act of 1948

6 (62 Stat. 1176).

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

8 Southern Florida Project’’ includes any modi9 fication to the project authorized by this Act or

10 any other provision of law.

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

12 the Governor of the State.

13 (3) NATURAL SYSTEM.—

14 (A) IN GENERAL.—The term ‘‘natural sys15 tem’’ means all land and water managed by the

16 Federal Government or the State within the

17 South Florida ecosystem.

18 (B) INCLUSIONS.—The term ‘‘natural sys19 tem’’ includes—

20 (i) water conservation areas;

21 (ii) sovereign submerged land;

22 (iii) Everglades National Park;

23 (iv) Biscayne National Park;

24 (v) Big Cypress National Preserve;
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1 (vi) other Federal or State (including

2 a political subdivision of a State) land that

3 is designated and managed for conservation

4 purposes; and

5 (vii) any tribal land that is designated

6 and managed for conservation purposes, as

7 approved by the tribe.

8 (4) PLAN.—The term ‘‘Plan’’ means the Com9 prehensive Everglades Restoration Plan contained in

10 the ‘‘Final Integrated Feasibility Report and Pro11 grammatic Environmental Impact Statement’’, dated

12 April 1, 1999, as modified by this Act.

13 (5) SOUTH FLORIDA ECOSYSTEM.—

14 (A) IN GENERAL.—The term ‘‘South Flor15 ida ecosystem’’ means the area consisting of the

16 land and water within the boundary of the

17 South Florida Water Management District in ef18 fect on July 1, 1999.

19 (B) INCLUSIONS.—The term ‘‘South Florida

20 ecosystem’’ includes—

21 (i) the Everglades;

22 (ii) the Florida Keys; and

23 (iii) the contiguous near-shore coastal

24 water of South Florida.
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1 (6) STATE.—The term ‘‘State’’ means the State

2 of Florida.

3 (b) COMPREHENSIVE EVERGLADES RESTORATION

4 PLAN.—

5 (1) APPROVAL.—

6 (A) IN GENERAL.—Except as modified by

7 this Act, the Plan is approved as a framework

8 for modifications and operational changes to the

9 Central and Southern Florida Project that are

10 needed to—

11 (i) restore, preserve and protect the

12 South Florida ecosystem;

13 (ii) provide for the protection of water

14 quality in, and the reduction of the loss of

15 fresh water from, the Everglades; and

16 (iii) provide for the water-related needs

17 of the region, including—

18 (I) flood control;

19 (II) the enhancement of water

20 supplies; and

21 (III) other objectives served by the

22 Central and Southern Florida Project.

23 (B) INTEGRATION.—In carrying out the

24 Plan, the Secretary shall integrate the activities

25 described in subparagraph (A) with ongoing
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1 Federal and State projects and activities in ac2 cordance with section 528(c) of the Water Re3 sources Development Act of 1996 (110 Stat.

4 3769).

5 (2) SPECIFIC AUTHORIZATIONS.—

6 (A) IN GENERAL.—

7 (i) PROJECTS.—The Secretary shall

8 carry out the projects included in the Plan

9 in accordance with subparagraphs (B), (C),

10 (D) and (E).

11 (ii) CONSIDERATIONS.—In carrying

12 out activities described in the Plan, the Sec13 retary shall—

14 (I) take into account the protec15 tion of water quality by considering

16 applicable State water quality stand17 ards; and

18 (II) include such features as the

19 Secretary determines are necessary to

20 ensure that all ground water and sur21 face water discharges from any project

22 feature authorized by this subsection

23 will meet all applicable water quality

24 standards and applicable water qual25 ity permitting requirements.
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1 (iii) REVIEW AND COMMENT.—In de2 veloping the projects authorized under sub3 paragraph (B), the Secretary shall provide

4 for public review and comment in accord5 ance with applicable Federal law.

6 (B) PILOT PROJECTS.—The following pilot

7 projects are authorized for implementation, after

8 review and approval by the Secretary, subject to

9 the conditions in subparagraph (D), at a total

10 cost of $69,000,000, with an estimated Federal

11 cost of $34,500,000 and an estimated non-Fed12 eral cost of $34,500,000:

13 (i) Caloosahatchee River (C–43) Basin

14 ASR, at a total cost of $6,000,000, with an

15 estimated Federal cost of $3,000,000 and an

16 estimated non-Federal cost of $3,000,000.

17 (ii) Lake Belt In-Ground Reservoir

18 Technology, at a total cost of $23,000,000,

19 with an estimated Federal cost of

20 $11,500,000 and an estimated non-Federal

21 cost of $11,500,000.

22 (iii) L–31N Seepage Management, at a

23 total cost of $10,000,000, with an estimated

24 Federal cost of $5,000,000 and an estimated

25 non-Federal cost of $5,000,000.
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1 (iv) Wastewater Reuse Technology, at

2 a total cost of $30,000,000, with an esti3 mated Federal cost of $15,000,000 and an

4 estimated non-Federal cost of $15,000,000.

5 (C) INITIAL PROJECTS.—The following

6 projects are authorized for implementation, after

7 review and approval by the Secretary, subject to

8 the conditions stated in subparagraph (D), at a

9 total cost of $1,100,918,000, with an estimated

10 Federal cost of $550,459,000 and an estimated

11 non-Federal cost of $550,459,000:

12 (i) C–44 Basin Storage Reservoir, at a

13 total cost of $112,562,000, with an esti14 mated Federal cost of $56,281,000 and an

15 estimated non-Federal cost of $56,281,000.

16 (ii) Everglades Agricultural Area Stor17 age Reservoirs—Phase I, at a total cost of

18 $233,408,000, with an estimated Federal

19 cost of $116,704,000 and an estimated non20 Federal cost of $116,704,000.

21 (iii) Site 1 Impoundment, at a total

22 cost of $38,535,000, with an estimated Fed23 eral cost of $19,267,500 and an estimated

24 non-Federal cost of $19,267,500.
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1 (iv) Water Conservation Areas 3A/3B

2 Levee Seepage Management, at a total cost

3 of $100,335,000, with an estimated Federal

4 cost of $50,167,500 and an estimated non5 Federal cost of $50,167,500.

6 (v) C–11 Impoundment and

7 Stormwater Treatment Area, at a total cost

8 of $124,837,000, with an estimated Federal

9 cost of $62,418,500 and an estimated non10 Federal cost of $62,418,500.

11 (vi) C–9 Impoundment and

12 Stormwater Treatment Area, at a total cost

13 of $89,146,000, with an estimated Federal

14 cost of $44,573,000 and an estimated non15 Federal cost of $44,573,000.

16 (vii) Taylor Creek/Nubbin Slough Stor17 age and Treatment Area, at a total cost of

18 $104,027,000, with an estimated Federal

19 cost of $52,013,500 and an estimated non20 Federal cost of $52,013,500.

21 (viii) Raise and Bridge East Portion

22 of Tamiami Trail and Fill Miami Canal

23 within Water Conservation Area 3, at a

24 total cost of $26,946,000, with an estimated
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•S 2796 RS

1 Federal cost of $13,473,000 and an esti2 mated non-Federal cost of $13,473,000.

3 (ix) North New River Improvements,

4 at a total cost of $77,087,000, with an esti5 mated Federal cost of $38,543,500 and an

6 estimated non-Federal cost of $38,543,500.

7 (x) C–111 Spreader Canal, at a total

8 cost of $94,035,000, with an estimated Fed9 eral cost of $47,017,500 and an estimated

10 non-Federal cost of $47,017,500.

11 (xi) Adaptive Assessment and Moni12 toring Program, at a total cost of

13 $100,000,000, with an estimated Federal

14 cost of $50,000,000 and an estimated non15 Federal cost of $50,000,000.

16 (D) CONDITIONS.—

17 (i) PROJECT IMPLEMENTATION RE18 PORTS.—Before implementation of a project

19 described in any of clauses (i) through (x)

20 of subparagraph (C), the Secretary shall re21 view and approve for the project a project

22 implementation report prepared in accord23 ance with subsections (f) and (h).

24 (ii) SUBMISSION OF REPORT.—The

25 Secretary shall submit to the Committee on
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•S 2796 RS

1 Transportation and Infrastructure of the

2 House of Representatives and the Committee

3 on Environment and Public Works of the

4 Senate the project implementation report

5 required by subsections (f) and (h) for each

6 project under this paragraph (including all

7 relevant data and information on all costs).

8 (iii) FUNDING CONTINGENT ON AP9 PROVAL.—No appropriation shall be made

10 to construct any project under this para11 graph if the project implementation report

12 for the project has not been approved by res13 olutions adopted by the Committee on

14 Transportation and Infrastructure of the

15 House of Representatives and the Committee

16 on Environment and Public Works of the

17 Senate.

18 (iv) MODIFIED WATER DELIVERY.—No

19 appropriation shall be made to construct

20 the Water Conservation Area 3

21 Decompartmentalization and Sheetflow En22 hancement Project or the Central Lakebelt

23 Storage Project until the completion of the

24 project to improve water deliveries to Ever25 glades National Park authorized by section
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•S 2796 RS

1 104 of the Everglades National Park Protec2 tion and Expansion Act of 1989 (16 U.S.C.

3 410r–8).

4 (E) MAXIMUM COST OF PROJECTS.—Section

5 902 of the Water Resources Development Act of

6 1986 (33 U.S.C. 2280) shall apply to each

7 project feature authorized under this subsection.

8 (c) ADDITIONAL PROGRAM AUTHORITY.—

9 (1) IN GENERAL.—To expedite implementation

10 of the Plan, the Secretary may implement modifica11 tions to the Central and Southern Florida Project

12 that—

13 (A) are described in the Plan; and

14 (B) will produce a substantial benefit to the

15 restoration, preservation and protection of the

16 South Florida ecosystem.

17 (2) PROJECT IMPLEMENTATION REPORTS.—Be18 fore implementation of any project feature authorized

19 under this subsection, the Secretary shall review and

20 approve for the project feature a project implementa21 tion report prepared in accordance with subsections

22 (f) and (h).

23 (3) FUNDING.—

24 (A) INDIVIDUAL PROJECT FUNDING.—
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1 (i) FEDERAL COST.—The total Federal

2 cost of each project carried out under this

3 subsection shall not exceed $12,500,000.

4 (ii) OVERALL COST.—The total cost of

5 each project carried out under this sub6 section shall not exceed $25,000,000.

7 (B) AGGREGATE FEDERAL COST.—The total

8 Federal cost of all projects carried out under this

9 subsection shall not exceed $206,000,000

10 (d) AUTHORIZATION OF FUTURE PROJECTS.—

11 (1) IN GENERAL.—Except for a project author12 ized by subsection (b) or (c), any project included in

13 the Plan shall require a specific authorization by

14 Congress.

15 (2) SUBMISSION OF REPORT.—Before seeking

16 congressional authorization for a project under para17 graph (1), the Secretary shall submit to Congress—

18 (A) a description of the project; and

19 (B) a project implementation report for the

20 project prepared in accordance with subsections

21 (f) and (h).

22 (e) COST SHARING.—

23 (1) FEDERAL SHARE.—The Federal share of the

24 cost of carrying out a project authorized by subsection

25 (b), (c), or (d) shall be 50 percent.
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•S 2796 RS

1 (2) NON-FEDERAL RESPONSIBILITIES.—The non2 Federal sponsor with respect to a project described in

3 subsection (b), (c), or (d), shall be—

4 (A) responsible for all land, easements,

5 rights-of-way, and relocations necessary to im6 plement the Plan; and

7 (B) afforded credit toward the non-Federal

8 share of the cost of carrying out the project in

9 accordance with paragraph (5)(A).

10 (3) FEDERAL ASSISTANCE.—

11 (A) IN GENERAL.—The non-Federal sponsor

12 with respect to a project authorized by subsection

13 (b), (c), or (d) may use Federal funds for the

14 purchase of any land, easement, rights-of-way, or

15 relocation that is necessary to carry out the

16 project if any funds so used are credited toward

17 the Federal share of the cost of the project.

18 (B) AGRICULTURE FUNDS.—Funds provided

19 to the non-Federal sponsor under any programs

20 such as the Conservation Restoration and En21 hancement Program (CREP) and the Wetlands

22 Reserve Program (WRP) for projects in the Plan

23 shall be credited toward the non-Federal share of

24 the cost of the Plan if the Secretary of Agri-
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•S 2796 RS

1 culture certifies that the funds provided may be

2 used for that purpose.

3 (4) OPERATION AND MAINTENANCE.—Notwith4 standing section 528(e)(3) of the Water Resources De5 velopment Act of 1996 (110 Stat. 3770), the non-Fed6 eral sponsor shall be responsible for 50 percent of the

7 cost of operation, maintenance, repair, replacement,

8 and rehabilitation activities authorized under this

9 section.

10 (5) CREDIT.—

11 (A) IN GENERAL.—Notwithstanding section

12 528(e)(4) of the Water Resources Development

13 Act of 1996 (110 Stat. 3770), and regardless of

14 the date of acquisition, the value of lands or in15 terests in lands and incidental costs for land ac16 quired by a non-Federal sponsor in accordance

17 with a project implementation report for any

18 project included in the Plan and authorized by

19 Congress shall be—

20 (i) included in the total cost of the

21 project; and

22 (ii) credited toward the non-Federal

23 share of the cost of the project.

24 (B) WORK.—The Secretary may provide

25 credit, including in-kind credit, toward the non-
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•S 2796 RS

1 Federal share for the reasonable cost of any work

2 performed in connection with a study,

3 preconstruction engineering and design, or con4 struction that is necessary for the implementa5 tion of the Plan, if—

6 (i)(I) the credit is provided for work

7 completed during the period of design, as

8 defined in a design agreement between the

9 Secretary and the non-Federal sponsor; or

10 (II) the credit is provided for work

11 completed during the period of construction,

12 as defined in a project cooperation agree13 ment for an authorized project between the

14 Secretary and the non-Federal sponsor;

15 (ii) the design agreement or the project

16 cooperation agreement prescribes the terms

17 and conditions of the credit; and

18 (iii) the Secretary determines that the

19 work performed by the non-Federal sponsor

20 is integral to the project.

21 (C) TREATMENT OF CREDIT BETWEEN

22 PROJECTS.—Any credit provided under this

23 paragraph may be carried over between author24 ized projects in accordance with subparagraph

25 (D).
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1 (D) PERIODIC MONITORING.—

2 (i) IN GENERAL.—To ensure that the

3 contributions of the non-Federal sponsor

4 equal 50 percent proportionate share for

5 projects in the Plan, during each 5-year pe6 riod, beginning with commencement of de7 sign of the Plan, the Secretary shall, for

8 each project—

9 (I) monitor the non-Federal pro10 vision of cash, in-kind services, and

11 land; and

12 (II) manage, to the maximum ex13 tent practicable, the requirement of the

14 non-Federal sponsor to provide cash,

15 in-kind services, and land.

16 (ii) OTHER MONITORING.—The Sec17 retary shall conduct monitoring under

18 clause (i) separately for—

19 (I) the preconstruction engineer20 ing and design phase; and

21 (II) the construction phase.

22 (E) AUDITS.—Credit for land (including

23 land value and incidental costs) or work pro24 vided under this subsection shall be subject to

25 audit by the Secretary.
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1 (f) EVALUATION OF PROJECTS.—

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

3 project authorized by subsection (c) or (d) or any of

4 clauses (i) through (x) of subsection (b)(2)(C), the Sec5 retary, in cooperation with the non-Federal sponsor,

6 shall, after notice and opportunity for public com7 ment and in accordance with subsection (h), complete

8 a project implementation report for the project.

9 (2) PROJECT JUSTIFICATION.—

10 (A) IN GENERAL.—Notwithstanding section

11 209 of the Flood Control Act of 1970 (42 U.S.C.

12 1962–2) or any other provision of law, in car13 rying out any activity authorized under this sec14 tion or any other provision of law to restore,

15 preserve, or protect the South Florida ecosystem,

16 the Secretary may determine that—

17 (i) the activity is justified by the envi18 ronmental benefits derived by the South

19 Florida ecosystem; and

20 (ii) no further economic justification

21 for the activity is required, if the Secretary

22 determines that the activity is cost-effective.

23 (B) APPLICABILITY.—Subparagraph (A)

24 shall not apply to any separable element in25 tended to produce benefits that are predomi-
254

•S 2796 RS

1 nantly unrelated to the restoration, preservation,

2 and protection of the natural system.

3 (g) EXCLUSIONS AND LIMITATIONS.—The following

4 Plan components are not approved for implementation:

5 (1) WATER INCLUDED IN THE PLAN.—

6 (A) IN GENERAL.—Any project that is de7 signed to implement the capture and use of the

8 approximately 245,000 acre-feet of water de9 scribed in section 7.7.2 of the Plan shall not be

10 implemented until such time as—

11 (i) the project-specific feasibility study

12 described in subparagraph (B) on the need

13 for and physical delivery of the approxi14 mately 245,000 acre-feet of water, conducted

15 by the Secretary, in cooperation with the

16 non-Federal sponsor, is completed;

17 (ii) the project is favorably rec18 ommended in a final report of the Chief of

19 Engineers; and

20 (iii) the project is authorized by Act of

21 Congress.

22 (B) PROJECT-SPECIFIC FEASIBILITY

23 STUDY.—The project-specific feasibility study re24 ferred to in subparagraph (A) shall include—
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•S 2796 RS

1 (i) a comprehensive analysis of the

2 structural facilities proposed to deliver the

3 approximately 245,000 acre-feet of water to

4 the natural system;

5 (ii) an assessment of the requirements

6 to divert and treat the water;

7 (iii) an assessment of delivery alter8 natives;

9 (iv) an assessment of the feasibility of

10 delivering the water downstream while

11 maintaining current levels of flood protec12 tion to affected property; and

13 (v) any other assessments that are de14 termined by the Secretary to be necessary to

15 complete the study.

16 (2) WASTEWATER REUSE.—

17 (A) IN GENERAL.—On completion and eval18 uation of the wastewater reuse pilot project de19 scribed in subsection (b)(2)(B)(iv), the Secretary,

20 in an appropriately timed 5-year report, shall

21 describe the results of the evaluation of advanced

22 wastewater reuse in meeting, in a cost-effective

23 manner, the requirements of restoration of the

24 natural system.
256

•S 2796 RS

1 (B) SUBMISSION.—The Secretary shall sub2 mit to Congress the report described in subpara3 graph (A) before congressional authorization for

4 advanced wastewater reuse is sought.

5 (3) PROJECTS APPROVED WITH LIMITATIONS.—

6 The following projects in the Plan are approved for

7 implementation with limitations:

8 (A) LOXAHATCHEE NATIONAL WILDLIFE

9 REFUGE.—The Federal share for land acquisi10 tion in the project to enhance existing wetland

11 systems along the Loxahatchee National Wildlife

12 Refuge, including the Stazzulla tract, should be

13 funded through the budget of the Department of

14 the Interior.

15 (B) SOUTHERN CORKSCREW REGIONAL ECO16 SYSTEM.—The Southern Corkscrew regional eco17 system watershed addition should be accom18 plished outside the scope of the Plan.

19 (h) ASSURANCE OF PROJECT BENEFITS.—

20 (1) IN GENERAL.—The overarching objective of

21 the Plan is the restoration, preservation, and protec22 tion of the South Florida Ecosystem while providing

23 for other water-related needs of the region, including

24 water supply and flood protection. The Plan shall be

25 implemented to ensure the protection of water quality
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•S 2796 RS

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

2 improvement of the environment of the South Florida

3 Ecosystem and to achieve and maintain the benefits

4 to the natural system and human environment de5 scribed in the Plan, and required pursuant to this

6 Act, for as long as the project is authorized.

7 (2) AGREEMENT.—

8 (A) IN GENERAL.—No appropriation shall

9 be made for the construction of a project con10 tained in the Plan until the President and the

11 Governor enter into a binding agreement under

12 which the State, shall ensure, by regulation or

13 other appropriate means, that water made avail14 able under the Plan for the restoration of the

15 natural system is available as specified in the

16 Plan.

17 (B) ENFORCEMENT.—

18 (i) IN GENERAL.—Any person or entity

19 that is aggrieved by a failure of the Presi20 dent or the Governor to comply with any

21 provision of the agreement entered into

22 under subparagraph (A) may bring a civil

23 action in United States district court for an

24 injunction directing the President or the

25 Governor, as the case may be, to comply
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•S 2796 RS

1 with the agreement, or for other appropriate

2 relief.

3 (ii) LIMITATIONS ON COMMENCEMENT

4 OF CIVIL ACTION.—No civil action may be

5 commenced under clause (i)—

6 (I) before the date that is 60 days

7 after the Secretary receives written no8 tice of a failure to comply with the

9 agreement; or

10 (II) if the United States has com11 menced and is diligently prosecuting

12 an action in a court of the United

13 States or a State to redress a failure to

14 comply with the agreement.

15 (3) PROGRAMMATIC REGULATIONS.—

16 (A) ISSUANCE.—Not later than 2 years

17 after the date of enactment of this Act, the Sec18 retary shall, after notice and opportunity for

19 public comment—

20 (i) with the concurrence of—

21 (I) the Governor; and

22 (II) the Secretary of the Interior;

23 and

24 (ii) in consultation with—

25 (I) the Seminole Tribe of Florida;
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•S 2796 RS

1 (II) the Miccosukee Tribe of Indi2 ans of Florida;

3 (III) the Administrator of the En4 vironmental Protection Agency;

5 (IV) the Secretary of Commerce;

6 and

7 (V) other Federal, State, and local

8 agencies;

9 promulgate programmatic regulations to ensure

10 that the goals and purposes of the Plan are

11 achieved.

12 (B) CONTENT OF REGULATIONS.—Pro13 grammatic regulations promulgated under this

14 paragraph shall establish a process to—

15 (i) provide guidance for the develop16 ment of project implementation reports,

17 project cooperation agreements, and oper18 ating manuals that ensure that the goals

19 and objectives of the Plan are achieved;

20 (ii) ensure that new information re21 sulting from changed or unforeseen cir22 cumstances, new scientific or technical in23 formation or information that is developed

24 through the principles of adaptive manage25 ment contained in the Plan, or future au-
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•S 2796 RS

1 thorized changes to the Plan are integrated

2 into the implementation of the Plan; and

3 (iii) ensure the protection of the nat4 ural system consistent with the goals and

5 purposes of the Plan.

6 (C) SCHEDULE AND TRANSITION RULE.—

7 (i) IN GENERAL.—All project imple8 mentation reports approved before the date

9 of promulgation of the programmatic regu10 lations shall be consistent with the Plan.

11 (ii) PREAMBLE.—The preamble of the

12 programmatic regulations shall include a

13 statement concerning the consistency with

14 the programmatic regulations of any project

15 implementation reports that were approved

16 before the date of promulgation of the regu17 lations.

18 (D) REVIEW OF PROGRAMMATIC REGULA19 TIONS.—Whenever necessary to attain Plan goals

20 and purposes, but not less often than every 5

21 years, the Secretary, in accordance with sub22 paragraph (A), shall review the programmatic

23 regulations promulgated under this paragraph.

24 (4) PROJECT-SPECIFIC ASSURANCES.—

25 (A) PROJECT IMPLEMENTATION REPORTS.—
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1 (i) IN GENERAL.—The Secretary and

2 the non-Federal sponsor shall develop

3 project implementation reports in accord4 ance with section 10.3.1 of the Plan.

5 (ii) COORDINATION.—In developing a

6 project implementation report, the Secretary

7 and the non-Federal sponsor shall coordi8 nate with appropriate Federal, State, trib9 al, and local governments.

10 (iii) REQUIREMENTS.—A project im11 plementation report shall—

12 (I) be consistent with the Plan

13 and the programmatic regulations pro14 mulgated under paragraph (3);

15 (II) describe how each of the re16 quirements stated in paragraph (3)(B)

17 is satisfied;

18 (III) comply with the National

19 Environmental Policy Act of 1969 (42

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

21 (IV) identify the appropriate

22 quantity, timing, and distribution of

23 water dedicated and managed for the

24 natural system;
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•S 2796 RS

1 (V) identify the amount of water

2 to be reserved or allocated for the nat3 ural system necessary to implement,

4 under State law, subclauses (IV) and

5 (VI);

6 (VI) comply with applicable water

7 quality standards and applicable

8 water quality permitting requirements

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

10 (VII) be based on the best avail11 able science; and

12 (VIII) include an analysis con13 cerning the cost-effectiveness and engi14 neering feasibility of the project.

15 (B) PROJECT COOPERATION AGREE16 MENTS.—

17 (i) IN GENERAL.—The Secretary and

18 the non-Federal sponsor shall execute project

19 cooperation agreements in accordance with

20 section 10 of the Plan.

21 (ii) CONDITION.—The Secretary shall

22 not execute a project cooperation agreement

23 until any reservation or allocation of water

24 for the natural system identified in the
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1 project implementation report is executed

2 under State law.

3 (C) OPERATING MANUALS.—

4 (i) IN GENERAL.—The Secretary and

5 the non-Federal sponsor shall develop and

6 issue, for each project or group of projects,

7 an operating manual that is consistent with

8 the water reservation or allocation for the

9 natural system described in the project im10 plementation report and the project co11 operation agreement for the project or group

12 of projects.

13 (ii) MODIFICATIONS.—Any significant

14 modification by the Secretary and the non15 Federal sponsor to an operating manual

16 after the operating manual is issued shall

17 only be carried out subject to notice and op18 portunity for public comment.

19 (5) SAVINGS CLAUSE.—

20 (A) EXISTING WATER USERS.—The Sec21 retary shall ensure that the implementation of

22 the Plan, including physical or operational

23 modifications to the Central and Southern Flor24 ida Project, does not cause significant adverse
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•S 2796 RS

1 impact on existing legal water users,

2 including—

3 (i) water legally allocated or provided

4 through entitlements to the Seminole Tribe

5 of Florida under section 7 of the Seminole

6 Indian Land Claims Settlement Act of 1987

7 (25 U.S.C. 1772e);

8 (ii) the Miccosukee Tribe of Indians of

9 Florida;

10 (iii) annual water deliveries to Ever11 glades National Park;

12 (iv) water for the preservation of fish

13 and wildlife in the natural system; and

14 (v) any other legal user, as provided

15 under Federal or State law in existence on

16 the date of enactment of this Act.

17 (B) NO ELIMINATION.—Until a new source

18 of water supply of comparable quantity and

19 quality is available to replace the water to be lost

20 as a result of implementation of the Plan, the

21 Secretary shall not eliminate existing legal

22 sources of water, including those for—

23 (i) an agricultural or urban water

24 supply;
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•S 2796 RS

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 of

7 Florida;

8 (iv) Everglades National Park; or

9 (v) the preservation of fish and wild10 life.

11 (C) MAINTENANCE OF FLOOD PROTEC12 TION.—The Secretary shall maintain authorized

13 levels of flood protection in existence on the date

14 of enactment of this Act, in accordance with ap15 plicable law.

16 (D) NO EFFECT ON STATE LAW.—Nothing

17 in this Act prevents the State from allocating or

18 reserving water, as provided under State law, to

19 the extent consistent with this Act.

20 (E) NO EFFECT ON TRIBAL COMPACT.—

21 Nothing in this Act amends, alters, prevents, or

22 otherwise abrogates rights of the Seminole In23 dian Tribe of Florida under the compact among

24 the Seminole Tribe of Florida, the State, and the

25 South Florida Water Management District, de-
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•S 2796 RS

1 fining the scope and use of water rights of the

2 Seminole Tribe of Florida, as codified by section

3 7 of the Seminole Indian Land Claims Settle4 ment Act of 1987 (25 U.S.C. 1772e).

5 (i) DISPUTE RESOLUTION.—

6 (1) IN GENERAL.—The Secretary and the Gov7 ernor shall within 180 days from the date of enact8 ment of this Act develop an agreement for resolving

9 disputes between the Corps of Engineers and the State

10 associated with the implementation of the Plan. Such

11 agreement shall establish a mechanism for the timely

12 and efficient resolution of disputes, including—

13 (A) a preference for the resolution of dis14 putes between the Jacksonville District of the

15 Corps of Engineers and the South Florida Water

16 Management District;

17 (B) a mechanism for the Jacksonville Dis18 trict of the Corps of Engineers or the South Flor19 ida Water Management District to initiate the

20 dispute resolution process for unresolved issues;

21 (C) the establishment of appropriate time22 frames and intermediate steps for the elevation of

23 disputes to the Governor and the Secretary; and

24 (D) a mechanism for the final resolution of

25 disputes, within 180 days from the date that the
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1 dispute resolution process is initiated under sub2 paragraph (B).

3 (2) CONDITION FOR REPORT APPROVAL.—The

4 Secretary shall not approve a project implementation

5 report under this Act until the agreement established

6 under this subsection has been executed.

7 (3) NO EFFECT ON LAW.—Nothing in the agree8 ment established under this subsection shall alter or

9 amend any existing Federal or State law.

10 (j) INDEPENDENT SCIENTIFIC REVIEW.—

11 (1) IN GENERAL.—The Secretary, the Secretary

12 of the Interior, and the State, in consultation with the

13 South Florida Ecosystem Restoration Task Force,

14 shall establish an independent scientific review panel

15 convened by a body, such as the National Academy of

16 Sciences, to review the Plan’s progress toward achiev17 ing the natural system restoration goals of the Plan.

18 (2) REPORT.—The panel described in paragraph

19 (1) shall produce a biennial report to Congress, the

20 Secretary, the Secretary of the Interior, and the State

21 of Florida that includes an assessment of ecological

22 indicators and other measures of progress in restoring

23 the ecology of the natural system, based on the Plan.

24 (k) OUTREACH AND ASSISTANCE.—
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1 (1) SMALL BUSINESS CONCERNS OWNED AND OP2 ERATED BY SOCIALLY AND ECONOMICALLY DISADVAN3 TAGED INDIVIDUALS.—In executing the Plan, the Sec4 retary shall ensure that small business concerns

5 owned and controlled by socially and economically

6 disadvantaged individuals are provided opportunities

7 to participate under section 15(g) of the Small Busi8 ness Act (15 U.S.C. 644(g)).

9 (2) COMMUNITY OUTREACH AND EDUCATION.—

10 (A) IN GENERAL.—The Secretary shall en11 sure that impacts on socially and economically

12 disadvantaged individuals, including individuals

13 with limited English proficiency, and commu14 nities are considered during implementation of

15 the Plan, and that such individuals have oppor16 tunities to review and comment on its implemen17 tation.

18 (B) PROVISION OF OPPORTUNITIES.—The

19 Secretary shall ensure, to the maximum extent

20 practicable, that public outreach and educational

21 opportunities are provided to the individuals of

22 South Florida, including individuals with lim23 ited English proficiency, and in particular for

24 socially and economically disadvantaged commu25 nities.
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1 (l) REPORT TO CONGRESS.—Beginning on October 1,

2 2005, and periodically thereafter until October 1, 2036, the

3 Secretary and the Secretary of the Interior, in consultation

4 with the Environmental Protection Agency, the Department

5 of Commerce, and the State of Florida, shall jointly submit

6 to Congress a report on the implementation of the Plan.

7 Such reports shall be completed not less often than every

8 5 years. Such reports shall include a description of plan9 ning, design, and construction work completed, the amount

10 of funds expended during the period covered by the report

11 (including a detailed analysis of the funds expended for

12 adaptive assessment under subsection (b)(2)(C)(xi)), and

13 the work anticipated over the next 5-year period. In addi14 tion, each report shall include—

15 (1) the determination of each Secretary, and the

16 Administrator of the Environmental Protection Agen17 cy, concerning the benefits to the natural system and

18 the human environment achieved as of the date of the

19 report and whether the completed projects of the Plan

20 are being operated in a manner that is consistent

21 with the requirements of subsection (h); and

22 (2) a review of the activities performed by the

23 Secretary under subsection (k) as they relate to so24 cially and economically disadvantaged individuals

25 and individuals with limited English proficiency.
Calendar No. 729

106TH CONGRESS

2D SESSION S. 2796

[Report No. 106–362]

A BILL

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.

JULY 27, 2000

Reported with an amendment