II

106TH CONGRESS

2D SESSION S. 2796

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

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,

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

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

7 this Act is as follows:
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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.

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.
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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.

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.
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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

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

22 a final report of the Chief of Engineers if a favorable re23 port of the Chief is completed not later than December

24 31, 2000:
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1 (1) FALSE PASS HARBOR, ALASKA.—The

2 project for navigation, False Pass Harbor, Alaska,

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

4 Federal cost of $10,000,000 and an estimated non5 Federal cost of $5,000,000.

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

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

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

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

10 of $8,000,000.

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

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

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

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

15 cost of $9,300,000.

16 (4) TRES RIOS, ARIZONA.—The project for envi17 ronmental restoration, Tres Rios, Arizona, at a total

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

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

20 of $32,000,000.

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

22 project for navigation, Los Angeles Harbor, Cali23 fornia, at a total cost of $168,900,000, with an esti24 mated Federal cost of $44,000,000 and an esti25 mated non-Federal cost of $124,900,000.
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1 (6) MURRIETA CREEK, CALIFORNIA.—The

2 project for flood control, Murrieta Creek, California,

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

4 Federal cost of $27,800,000 and an estimated non5 Federal cost of $15,300,000.

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

7 for fish and wildlife restoration, Pine Flat Dam,

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

9 estimated Federal cost of $22,000,000 and an esti10 mated non-Federal cost of $12,000,000.

11 (8) RANCHOS PALOS VERDES, CALIFORNIA.—

12 The project for environmental restoration, Ranchos

13 Palos Verdes, California, at a total cost of

14 $18,100,000, with an estimated Federal cost of

15 $11,800,000 and an estimated non-Federal cost of

16 $6,300,000.

17 (9) SANTA BARBARA STREAMS, CALIFORNIA.—

18 The project for flood damage reduction, Santa Bar19 bara Streams, Lower Mission Creek, California, at a

20 total cost of $17,100,000, with an estimated Federal

21 cost of $8,600,000 and an estimated non-Federal

22 cost of $8,500,000.

23 (10) UPPER NEWPORT BAY HARBOR, CALI24 FORNIA.—The project for environmental restoration,

25 Upper Newport Bay Harbor, California, at a total
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1 cost of $28,280,000, with an estimated Federal cost

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

3 of $9,890,000.

4 (11) WHITEWATER RIVER BASIN, CALI5 FORNIA.—The project for flood damage reduction,

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

7 $26,000,000, with an estimated Federal cost of

8 $16,900,000 and an estimated non-Federal cost of

9 $9,100,000.

10 (12) TAMPA HARBOR, FLORIDA.—Modification

11 of the project for navigation, Tampa Harbor, Flor12 ida, authorized by section 4 of the Act of September

13 22, 1922 (42 Stat. 1042, chapter 427), to deepen

14 the Port Sutton Channel, at a total cost of

15 $7,245,000, with an estimated Federal cost of

16 $4,709,000 and an estimated non-Federal cost of

17 $2,536,000.

18 (13) BARBERS POINT HARBOR, OAHU, HA19 WAII.—The project for navigation, Barbers Point

20 Harbor, Oahu, Hawaii, at a total cost of

21 $51,000,000, with an estimated Federal cost of

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

23 $30,000,000.

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

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

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

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

4 amounts appropriated from the general fund of the

Treasury and 1 5 ⁄2 from amounts appropriated from

6 the Inland Waterways Trust Fund.

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

8 The project for navigation, Greenup Lock and Dam,

9 Ohio River, Kentucky, at a total cost of

10 $183,000,000. The costs of construction of the

project shall be paid 1 11 ⁄2 from amounts appropriated

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

13 amounts appropriated from the Inland Waterways

14 Trust Fund.

15 (16) MORGANZA, LOUISIANA, TO GULF OF MEX16 ICO.—The project for hurricane protection,

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

18 total cost of $550,000,000, with an estimated Fed19 eral cost of $358,000,000 and an estimated non20 Federal cost of $192,000,000.

21 (17) BARNEGAT INLET TO LITTLE EGG INLET,

22 NEW JERSEY.—The project for shore protection,

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

24 a total cost of $51,203,000, with an estimated Fed25 eral cost of $33,282,000 and an estimated non-Fed-
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1 eral cost of $17,921,000, and at an estimated aver2 age annual cost of $1,751,000 for periodic nourish3 ment over the 50-year life of the project, with an es4 timated annual Federal cost of $1,138,000 and an

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

6 (18) RARITAN BAY AND SANDY HOOK BAY,

7 CLIFFWOOD BEACH, NEW JERSEY.—The project for

8 shore protection, Raritan Bay and Sandy Hook Bay,

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

10 $5,219,000, with an estimated Federal cost of

11 $3,392,000 and an estimated non-Federal cost of

12 $1,827,000, and at an estimated average annual

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

14 50-year life of the project, with an estimated annual

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

16 non-Federal cost of $55,000.

17 (19) RARITAN BAY AND SANDY HOOK BAY,

18 PORT MONMOUTH, NEW JERSEY.—The project for

19 shore protection, Raritan Bay and Sandy Hook Bay,

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

21 $30,081,000, with an estimated Federal cost of

22 $19,553,000 and an estimated non-Federal cost of

23 $10,528,000, and at an estimated average annual

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

25 50-year life of the project, with an estimated annual
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1 Federal cost of $1,234,000 and an estimated annual

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

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

4 ecosystem restoration, Wolf River, Memphis, Ten5 nessee, at a total cost of $10,933,000, with an esti6 mated Federal cost of $7,106,000 and an estimated

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

8 (21) JACKSON HOLE, WYOMING.—

9 (A) IN GENERAL.—The project for envi10 ronmental restoration, Jackson Hole, Wyoming,

11 at a total cost of $100,000,000, with an esti12 mated Federal cost of $65,000,000 and an esti13 mated non-Federal cost of $35,000,000.

14 (B) NON-FEDERAL SHARE.—

15 (i) IN GENERAL.—The non-Federal

16 share of the costs of the project may be

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

18 services or materials.

19 (ii) CREDIT.—The non-Federal inter20 est shall receive credit toward the non-Fed21 eral share of project costs for design and

22 construction work carried out by the non23 Federal interest before the date of execu24 tion of a project cooperation agreement for
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1 the project, if the Secretary finds that the

2 work is integral to the project.

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

4 and restoration of fish and wildlife habitat in and

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

6 projects described in a comprehensive plan, at a

7 total cost of $200,000,000, with an estimated Fed8 eral cost of $160,000,000 and an estimated non9 Federal cost of $40,000,000.

10 SEC. 102. SMALL SHORE PROTECTION PROJECTS.

11 The Secretary shall conduct a study for each of the

12 following projects, and if the Secretary determines that

13 a project is feasible, may carry out the project under sec14 tion 3 of the Act of August 13, 1946 (33 U.S.C. 426g):

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

16 beach restoration and protection, Highway 70, Lake

17 Palourde, St. Mary and St. Martin Parishes, Lou18 isiana.

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

20 beach restoration and protection, Bayou Road, St.

21 Bernard, Louisiana.

22 SEC. 103. SMALL NAVIGATION PROJECTS.

23 The Secretary shall conduct a study for each of the

24 following projects and, if the Secretary determines that

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

2 577):

3 (1) HOUMA NAVIGATION CANAL, LOUISIANA.—

4 Project for navigation, Houma Navigation Canal,

5 Terrebonne Parish, Louisiana.

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

7 navigation, Vidalia Port, Louisiana.

8 SEC. 104. REMOVAL OF SNAGS AND CLEARING AND

9 STRAIGHTENING OF CHANNELS IN NAVI10 GABLE WATERS.

11 The Secretary shall conduct a study for each of the

12 following projects and, if the Secretary determines that

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

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

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

16 removal of snags and clearing and straightening of

17 channels for flood control, Bayou Manchac, Ascen18 sion Parish, Louisiana.

19 (2) BLACK BAYOU AND HIPPOLYTE COULEE,

20 LOUISIANA.—Project for removal of snags and clear21 ing and straightening of channels for flood control,

22 Black Bayou and Hippolyte Coulee, Calcasieu Par23 ish, Louisiana.
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1 SEC. 105. SMALL BANK STABILIZATION 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 14 of the Flood Control Act of 1946 (33 U.S.C.

6 701r):

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

8 for emergency streambank protection, Bayou des

9 Glaises (Lee Chatelain Road), Avoyelles Parish,

10 Louisiana.

11 (2) BAYOU PLAQUEMINE, LOUISIANA.—Project

12 for emergency streambank protection, Highway 77,

13 Bayou Plaquemine, Iberville Parish, Louisiana.

14 (3) HAMMOND, LOUISIANA.—Project for emer15 gency streambank protection, Fagan Drive Bridge,

16 Hammond, Louisiana.

17 (4) IBERVILLE PARISH, LOUISIANA.—Project

18 for emergency streambank protection, Iberville Par19 ish, Louisiana.

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

21 emergency streambank protection, Parish Road 120

22 at Lake Arthur, Louisiana.

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

24 emergency streambank protection, Pithon Coulee,

25 Lake Charles, Calcasieu Parish, Louisiana.
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1 (7) LOGGY BAYOU, LOUISIANA.—Project for

2 emergency streambank protection, Loggy Bayou,

3 Bienville Parish, Louisiana.

4 (8) SCOTLANDVILLE BLUFF, LOUISIANA.—

5 Project for emergency streambank protection,

6 Scotlandville Bluff, East Baton Rouge Parish, Lou7 isiana.

8 SEC. 106. SMALL FLOOD CONTROL PROJECTS.

9 The Secretary shall conduct a study for each of the

10 following projects and, if the Secretary determines that

11 a project is feasible, may carry out the project under sec12 tion 205 of the Flood Control Act of 1948 (33 U.S.C.

13 701s):

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

15 damage reduction, Weiser River, Idaho.

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

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

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

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

20 Louisiana.

21 (4) BRAITHWAITE PARK, LOUISIANA.—Project

22 for flood control, Braithwaite Park, Louisiana.

23 (5) CANE BEND SUBDIVISION, LOUISIANA.—

24 Project for flood control, Cane Bend Subdivision,

25 Bossier Parish, Louisiana.
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1 (6) CROWN POINT, LOUISIANA.—Project for

2 flood control, Crown Point, Louisiana.

3 (7) DONALDSONVILLE CANALS, LOUISIANA.—

4 Project for flood control, Donaldsonville Canals,

5 Louisiana.

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

7 flood control, Goose Bayou, Louisiana.

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

9 control, Gumby Dam, Richland Parish, Louisiana.

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

11 flood control, Hope Canal, Louisiana.

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

13 flood control, Jean Lafitte, Louisiana.

14 (12) LOCKPORT TO LAROSE, LOUISIANA.—

15 Project for flood control, Lockport to Larose, Lou16 isiana.

17 (13) LOWER LAFITTE BASIN, LOUISIANA.—

18 Project for flood control, Lower Lafitte Basin, Lou19 isiana.

20 (14) OAKVILLE TO LAREUSSITE, LOUISIANA.—

21 Project for flood control, Oakville to LaReussite,

22 Louisiana.

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

24 flood control, Pailet Basin, Louisiana.
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1 (16) POCHITOLAWA CREEK, LOUISIANA.—

2 Project for flood control, Pochitolawa Creek, Lou3 isiana.

4 (17) ROSETHORN BASIN, LOUISIANA.—Project

5 for flood control, Rosethorn Basin, Louisiana.

6 (18) SHREVEPORT, LOUISIANA.—Project for

7 flood control, Twelve Mile Bayou, Shreveport, Lou8 isiana.

9 (19) STEPHENSVILLE, LOUISIANA.—Project for

10 flood control, Stephensville, Louisiana.

11 (20) ST. JOHN THE BAPTIST PARISH, LOU12 ISIANA.—Project for flood control, St. John the

13 Baptist Parish, Louisiana.

14 (21) MAGBY CREEK AND VERNON BRANCH, MIS15 SISSIPPI.—Project for flood control, Magby Creek

16 and Vernon Branch, Lowndes County, Mississippi.

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

18 flood control, Fritz Landing, Tennessee.

19 SEC. 107. SMALL PROJECTS FOR IMPROVEMENT OF THE

20 QUALITY OF THE ENVIRONMENT.

21 The Secretary shall conduct a study for each of the

22 following projects and, if the Secretary determines that

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

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

25 of 1986 (33 U.S.C. 2309a(a)):
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1 (1) BAYOU SAUVAGE NATIONAL WILDLIFE REF2 UGE, LOUISIANA.—Project for improvement of the

3 quality of the environment, Bayou Sauvage National

4 Wildlife Refuge, Orleans Parish, Louisiana.

5 (2) GULF INTRACOASTAL WATERWAY, BAYOU

6 PLAQUEMINE, LOUISIANA.—Project for improvement

7 of the quality of the environment, Gulf Intracoastal

8 Waterway, Bayou Plaquemine, Iberville Parish, Lou9 isiana.

10 (3) GULF INTRACOASTAL WATERWAY, MILES

11 220 TO 222.5, LOUISIANA.—Project for improvement

12 of the quality of the environment, Gulf Intracoastal

13 Waterway, miles 220 to 222.5, Vermilion Parish,

14 Louisiana.

15 (4) GULF INTRACOASTAL WATERWAY, WEEKS

16 BAY, LOUISIANA.—Project for improvement of the

17 quality of the environment, Gulf Intracoastal Water18 way, Weeks Bay, Iberia Parish, Louisiana.

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

20 for improvement of the quality of the environment,

21 Lake Fausse Point, Louisiana.

22 (6) LAKE PROVIDENCE, LOUISIANA.—Project

23 for improvement of the quality of the environment,

24 Old River, Lake Providence, Louisiana.
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1 (7) NEW RIVER, LOUISIANA.—Project for im2 provement of the quality of the environment, New

3 River, Ascension Parish, Louisiana.

4 (8) ERIE COUNTY, OHIO.—Project for improve5 ment of the quality of the environment, Sheldon’s

6 Marsh State Nature Preserve, Erie County, Ohio.

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

8 improvement of the quality of the environment, Dil9 lon Reservoir watershed, Licking River, Mushingum

10 County, Ohio.

11 SEC. 108. BENEFICIAL USES OF DREDGED MATERIAL.

12 The Secretary may carry out the following projects

13 under section 204 of the Water Resources Development

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

15 (1) HOUMA NAVIGATION CANAL, LOUISIANA.—

16 Project to make beneficial use of dredged material

17 from a Federal navigation project that includes bar18 rier island restoration at the Houma Navigation

19 Canal, Terrebonne Parish, Louisiana.

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

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

22 use of dredged material from a Federal navigation

23 project that includes dredging of the Mississippi

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

25 Parish, Louisiana.
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1 (3) MISSISSIPPI RIVER GULF OUTLET, MILE 11

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

3 use of dredged material from a Federal navigation

4 project that includes dredging of the Mississippi

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

6 Parish, Louisiana.

7 (4) PLAQUEMINES PARISH, LOUISIANA.—

8 Project to make beneficial use of dredged material

9 from a Federal navigation project that includes

10 marsh creation at the contained submarine mainte11 nance dredge sediment trap, Plaquemines Parish,

12 Louisiana.

13 (5) OTTAWA COUNTY, OHIO.—Project to pro14 tect, restore, and create aquatic and related habitat

15 using dredged material, East Harbor State Park,

16 Ottawa County, Ohio.

17 SEC. 109. SMALL AQUATIC ECOSYSTEM RESTORATION

18 PROJECTS.

19 The Secretary may carry out the following projects

20 under section 206 of the Water Resources Development

21 Act of 1996 (33 U.S.C. 2330):

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

23 aquatic ecosystem restoration, Braud Bayou, Span24 ish Lake, Ascension Parish, Louisiana.
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1 (2) BURAS MARINA, LOUISIANA.—Project for

2 aquatic ecosystem restoration, Buras Marina, Buras,

3 Plaquemines Parish, Louisiana.

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

5 aquatic ecosystem restoration, Comite River at Hoo6 per Road, Louisiana.

7 (4) DEPARTMENT OF ENERGY 21-INCH PIPE8 LINE CANAL, LOUISIANA.—Project for aquatic eco9 system restoration, Department of Energy 21-inch

10 Pipeline Canal, St. Martin Parish, Louisiana.

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

12 aquatic ecosystem restoration, southern shores of

13 Lake Borgne, Louisiana.

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

15 aquatic ecosystem restoration, Lake Martin, Lou16 isiana.

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

18 ecosystem restoration, Luling Oxidation Pond, St.

19 Charles Parish, Louisiana.

20 (8) MANDEVILLE, LOUISIANA.—Project for

21 aquatic ecosystem restoration, Mandeville, St. Tam22 many Parish, Louisiana.

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

24 ecosystem restoration, St. James, Louisiana.
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1 (10) NORTH HAMPTON, NEW HAMPSHIRE.—

2 Project for aquatic ecosystem restoration, Little

3 River Salt Marsh, North Hampton, New Hampshire.

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

5 aquatic ecosystem restoration, Rocky Fork Lake,

6 Clear Creek floodplain, Highland County, Ohio.

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

8 aquatic ecosystem restoration, Long Hollow Mine,

9 Hocking County, Ohio.

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

11 aquatic ecosystem restoration, Huff Run,

12 Tuscarawas County, Ohio.

13 (14) CENTRAL AMAZON CREEK, OREGON.—

14 Project for aquatic ecosystem restoration, Central

15 Amazon Creek, Oregon.

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

17 aquatic ecosystem restoration, Delta Ponds, Oregon.

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

19 aquatic ecosystem restoration, Eugene Millrace, Or20 egon.

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

22 aquatic ecosystem restoration, Roslyn Lake, Oregon.
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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 IS

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.
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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

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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

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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 IS

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

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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

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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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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

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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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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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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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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.

Æ